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The Supreme Court held that the lawyer or authorised representative of a client could not preclude the latter from raising a point in an appeal about the mixed question of fact and law. The Apex Court referred to two cases—Bharat Heavy Electricals Ltd. Vs. Mahendra Prasad Jakhmola and Swami Krishnanand Govindan and Vs. Managing Director, Oswal Hosiery. In the former case, the Judges observed the correctness of the labour court decision, which resulted in justifying the existence of direct nexus between the employer and workers based on the concession placed before it; and in the latter case, the court observed that even the respondent was not bound by the concession on facts prepared by the respondent himself. In another case between CM Arumugam Vs. S. Rajagopal, the Court observed that a concession on a mixed question of fact and law made before the court at the stage of argument was no bar to him raising the same in appeal before the Court when it was a part of the subject-matter, and the other parties bring complete evidence on such issues. Referring to these judgements, the Court set aside the orders of the Labour Court and High Court.
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