1989 (2) TMI 318

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....ellant. Asoke Kumar Ganguly for the Respondent. JUDGMENT Desai, CJ. - This appeal is taken up for hearing by treating it as included in the day's cause list. The appellants herein were the original writ petitioners and the respondents herein were the respondents in the writ petition out of which the present appeal arises. The relief claimed in the said writ petition, inter alia, was to....

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.... the management of public sector enterprises of industrial D. A. to sanction interim relief to employees with effect from January 1, 1986, in enterprises where the period of validity of wage settlements had expired or was to expire shortly. The rates at which the interim relief was payable were also specified in the order. The circular, annexure "B" is substantially in terms similar to the order, ....

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.... interim relief on the basis of the order/circular, annexure "A" and annexure "B", is required to be dealt with and decided at the head office (Legal). Under these circumstances, the relief in the writ petition was rightly sought, inter alia, against the second respondent company whose head office, as earlier stated, is situate in Calcutta. By virtue of the provisions contained in clause (1) of ar....

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....but it is clearly distinguishable. Apart from the vital difference in the factual matrix of that case and the present case, which factor always has a material bearing in appreciating the true ratio of a decision, clause (1) of article 226 of the Constitution did not fall for consideration in that case. The relief was sought there against the State of Rajasthan whose principal seat is outside the t....