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2008 (2) TMI 428 - SC - Central ExciseAppointment procedures - Held that:- If the appellant was not authorized under the statute to take recourse to Rule 130 of the Rules for the purposes as mentioned in the written statement before the Labour Court, the said action itself must be held to be a nullity. In such a situation and particularly in view of the fact that in making recruitments of the respondents, the equality clauses contained in Articles 14 and 16 were not complied with, the respondents cannot derive any benefit therefrom. The award passed by the Labour Court is set aside. direct that the remaining six workmen should be conferred all benefits which have been conferred to those who have since superannuated.If no benefit had been conferred upon the retired employees, the Central Government shall, by way of compensation, pay a sum of Rs. 1,00,000/- to each of the workman.The services of such respondents who are still working shall not be terminated except in accordance with law.The Commissionerate of Central Excise would issue necessary-directions to all Assistant Salt Commissioners in regard to their performance of statutory duties in terms of Rules 121, 129 and 130 of the Rules.The workmen must be paid the minimum wages fixed therefor. Appellant shall, subject to any statutory interdict may fix fair wages for the remaining six workmen.
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