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2005 (10) TMI 603

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.... In all these case some of the questions for consideration is whether a Civil Court have jurisdiction or whether the termination of service of a probationer was required to be challenged by raising a dispute under the Industrial Disputes Act. This question is now squarely covered by the decisions of this Court in Rajasthan State Road Transport Corporation v. Krishna Kant 1995 (71) FLR 211 (SC), w....

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.... this Court had, while granting leave (in S.L.P. (C) No. 194 of 1991) ordered on 29 January, 1991 that in so far as respondent is concerned, he (appellants' Counsel) states that he will abide by the decree. Application for stay is rejected. Therefore, there is no question of setting aside the decree concerned in this appeal. However, so far as the other appeals are concerned, the position is s....

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....w and it cannot be said that the respondents had not acted bona fide in instituting, the suits. Appeals disposed of accordingly. 3. It is submitted that all the suits in these matters were filed at a time when the position of law was not clear, It is submitted that therefore even in these cases the Court should not interfere with the decrees but may direct that there shall be no payment of back-w....