1994 (5) TMI 271

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....ected SLP by one Shiv Kumar, D.P. Singh and D.H. Woodhead Ltd., Employees' Union through Shiv Kumar, its Joint Secretary. An application has, however, been filed, registered as IA No. 3 of 1994, in which it has been averred that Shiv Kumar has settled the matter with the management and the workmen who are challenging the order of the High Court may be taken as those whose names have been indic....

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....was approached by the aforesaid Shiv Kumar and D.P. Singh contending, inter alia, that the union leaders had colluded with the management, and so, the settlement arrived at was bad in the eye of law and the workmen concerned could not have been retrenched on the basis of that settlement. Another point urged was that the workmen concerned had not been personally served with the copy of the applicat....

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....advanced by the workmen, what has been stated by the management in its counter-affidavit is that the notices had been sent to all workmen under postal certificates and proof of service had been submitted to the specified authority. Learned counsel appearing for the management produces before us some certificates evincing posting of some letters to the workmen concerned on 26-12-1992. 6.We have no....

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.... been submitted to the specified authority has not satisfied our mind in this regard. 7.The permission granted to retrench 21 appellant-workmen of the respondent-management cannot, therefore, be said to be in accordance with law. As, however, permission for retrenchment was sought for on the grounds mentioned in para 23 of the aforesaid application which the specified authority regarded as just a....