Vidyodaya Trust VS. Mohan Prasad R & Ors

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Vidyodaya Trust VS. Mohan Prasad R & Ors

The Judgement Information System CASE NO.: Appeal (civil) 3051-3052 of 2008

PETITIONER: Usha Breco Mazdoor Sangh RESPONDENT: Management of M/s. Usha Breco Ltd. & Anr DATE OF JUDGMENT: 29/04/2008

BENCH: S.B. Sinha & V.S. Sirpurkar JUDGMENT: J U D G M E N T

REPORTABLE

CIVIL APPEAL NOs.3051-3052 OF 2008

[Arising out of SLP (Civil) Nos. 17429-17430 of 2004]

S.B. SINHA, J : 1. Leave granted.

2. Application of Section 11-A of the Industrial Disputes Act, 1947 (for short "the Act"), as noticed by this Court in Firestone Tyre and Rubber Co. v. The Management and Others [(1973) 1 SCC 813], in the facts and circumstances of the present case, is in question in these appeals which arise out of a judgment and order dated 16.02.2004 passed by a Division Bench of the High Court of Jharkhand at Ranchi in Letters Patent Appeal No. 348 of 2000 and Letters Patent Appeal No. 9 of 2001.

3. Krishna Kishore Yadav, Intervenor and one R.P. Singh were employees of the respondent. They were said to be Union leaders. On or about 17.02.1984, the respondent received a complaint from one G.

Natarajan with regard to acts of misconduct committed by the said workmen in the factory premises contending that while he was having discussions with one Shekhar Rao, representative of the contractor known as M/s. Techno Fab, the said workmen came and asked him as to whether there existed any arrangement for grant of first aid or not, whereto he replied that such a provision has to be made by the Company and not by the Contractor.

Discussion therein ensued. The workmen were informed by Natarajan that the matter should be discussed with the Personnel Manager of the Company.

One S...

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