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1971 (2) TMI 112 - SC - Indian LawsWhether the dismissal of the said eight workmen by the appellant firm was justified? Held that:- In the absence of any proof that that would be the consequence of reinstatement, the conclusion of the learned Single Judge that it would so result was only an assumption. It is true that the workmen could not have lien on the posts to which they were employed in tne technical sense of that term but, as aforesaid, there was evidence of the firm following the practice of engaging the same workmen when they presented themselves for work at the commencement of the next season. The appellant having failed to lead evidence as to a reasonable possibility of recurrence of trouble if the concerned workmen were to be reinstated or of their not being entitled to be employed at the beginning of the next season, it was impossible to say that the case of an exception to the general rule of reinstatement was made out. The case before the High Court thus was not one where there was any error of law on the record, nor was it a case where the Labour Court had acted in excess of its jurisdiction or failed to exercise its jurisdiction. Appeal dismissed.
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