Court : Chennai
Reported in : [2001(89)FLR131]; (2001)ILLJ1028Mad
..... if the concerned person was found guilty on all these charges, in our opinion, the learned single judge committed no illegality in restoring the punishment of dismissal particularly, when the labour court had given a finding though sketchy in nature and so skeleton like that, it could, not amount to a finding of fact with application of mind. ..... the only question before us is, therefore, as to whether the learned single judge has erred in allowing the writ petition, setting aside the award of the labour court and thereby setting aside the reinstatement ordered by it and restoring the punishment of dismissal as ordered by the first respondent. ..... again the only question that was argued before the learned single judge was as to whether the labour court was right in setting aside the punishment of dismissal in the wake of the findings of the enquiry officer. ..... by impugned judgment, the order in favour of the appellant, reinstating him into service, passed by the labour court, was set aside and it was held that the petitioner (first respondent herein) was justified on facts in dismissing the workman.2. ..... beyond saying that the charges against the petitioner were examined by it, the labour court gives no other reasons to set aside the punishment ordered by the respondent-bank. ..... that apart, it would be futile for us to go into that judgment because before the labour court there was no challan to the findings of the enquiry officer which is clear from the unambiguous language of the award. .....
Tag this Judgment!Court : Chennai
Reported in : (2003)IILLJ821Mad
..... it is not in dispute that the petitioner was temporarily appointed by the board of the bank on august 1, 1980 as it is specifically stated in the counter filed by the bank before the labour court, madurai which reads thus: ' the board of respondent bank decided on july 25, 1980 to appoint the petitioner temporarily with effect from august 1, 1980 on wages at rs.5/- per day and to request the deputy registrar of ..... mr t.arulraj, learned counsel for the petitioner management advanced arguments that the award of the labour court is contrary to law, that the labour court ought not to have entertained the industrial dispute, that the alleged appointment was made by the branch manager who is not entrusted with the power to appoint any person in any cadre and ..... considering the facts and circumstances of the case, i am of the view that the second respondent labour court is perfectly justified in passing the award directing the corporation to reinstate the first respondent workman in service, with ..... management- thanthai periyar transport corporation has filed the above writ petition for the issue of writ of certiorari to quash the award passed by the second respondent labour court in i.d.no.1117 of 1989 dated 14.2.1994 directing reinstatement of the first respondent with backwages. 2. ..... based on the oral and documentary evidence adduced by both the sides, the labour court has found that m.w.1 pandi has not disputed that the first respondent herein was in continuous service for a period of 12 .....
Tag this Judgment!Court : Chennai
Reported in : (2004)ILLJ876Mad
..... therefore, on both the grounds, the punishment that was set aside by the labour court is not legally sustainable and hence the award of the labour court is not legal and it is liable to be set aside and hence set aside.17 ..... (ii) the petitioner had requested an opportunity to be given to the petitioner to prove the charges before the labour court, should the court find there is no sufficient evidence in the domestic enquiry, it should have permitted the parties to adduce evidence ..... further the learned counsel submitted that even if charges have been proved, the punishment of removal from service is excessive and the labour court has considered this aspect also and has set aside the termination. ..... the leaned counsel for the petitioner further stated that the labour court has held that there is no evidence to prove that the respondents have taken into consideration the past record of service of the petitioner while imposing punishment to the second ..... the learned counsel pointed out that in fact, the labour court itself finds that the past record has been referred to in the second show cause ..... of 1994 on the file of the first respondent, the presiding officer, principal labour court, madras and to quash the same.2. ..... in this circumstance, the award of the labour court is set aside and the order of the disciplinary authority is restored. ..... the reasons given by the labour court for setting aside the order of termination from service were that firstly, the past service is not taken into .....
Tag this Judgment!Court : Chennai
Reported in : (2004)IILLJ645Mad
..... the preliminary point that was raised in that dispute was with regard to the validity of the enquiry and the labour court, by a detailed order, dated december 31, 1984, held that on consideration of the materials before it, domestic enquiry was found to have been conducted on proper lines keeping in view all the principles of natural ..... award having been challenged by the employer, the learned single judge of this court held that the labour court had failed to take note of the direct evidence, the learned judge having regarded the evidence ..... light of the evidence, which was available on record, the approach of the labour court to that evidence has justifiably been termed by the learned single judge as ..... as direct evidence and held that the appreciation of evidence by labour court was perverse and further that the labour court's interference with the order of termination was insupportable in law.14 ..... it was further submitted that the appreciation of evidence by the labour court was only in the nature of reappraisal which was within its' power and therefore, its award was not one with which this court could have interfered while ..... direct evidence; and in ignoring the fact that under section 11-a, industrial disputes act, the labour court has the power to reappraise the evidence. ..... a perusal of the order of the labour court also indicates that the labour court was not conscious of the fact that the standard of proof required in a domestic enquiry was not the same as that was required .....
Tag this Judgment!Court : Karnataka
Reported in : 2006(6)AIRKarR141(DB)
..... learned single judge that in the above mentioned decision of the full bench of the karnataka high court, it was specifically held that when the karnataka co-operative societies act expressly excludes the jurisdiction of the labour court and the industrial tribunal in respect of matters covered under section 70, the provisions of the industrial disputes act stand excluded to that extent only and that in respect of all matters which are ..... societies act itself, though the learned single judge held that the dispute does not come under the purview of section 70 of the karnataka co-operative societies act and that the jurisdiction of the labour court or the industrial tribunal is not excluded, learned single judge has made it clear that the learned single judge has not expressed any opinion with regard to the merits of the matter. ..... the main challenge in the writ petition was annexure-'b' dated 24.6.2004 issued by the commissioner for labour, as per annexure-'b', the labour commissioner rejected the petition dated 25.2.2004 submitted by the principal secretary, karnataka milk federation employees federation ..... to the learned single judge, the dispute sought to be raised by the petitioners before the labour commissioner does not come under the purview of section 70 of the karnataka co-operative societies act ..... will be caused to the appellants by the petition dated 25.2.2004 being considered by the labour commissioner in accordance with the provisions contained in the industrial disputes act.5. .....
Tag this Judgment!Court : Kolkata
Reported in : [1996]219ITR486(Cal)
..... any work' which one or the other of the organisations specified in the sub-section can get carried out through a contractor under a contract and further it includes obtaining by any of such organisations supply of labour under a contract with a contractor for carrying out its work which would have fallen outside the 'work', but for its specific inclusion in the sub-section.' 9. ..... sale were kept outside the purview of the section and the board reiterated the stand taken by them in 1972 that whether a particular contract was a contract for work and labour or for sale should be decided the light of the principles laid down by the supreme court in the case of state of punjab v. ..... income-tax on the income comprised in payments made to contractors and subcontractors 'for carrying out any work (including supply of labour for carrying out any work) in pursuance of a contract between the contractor' and specified concerns or authorities.4. ..... persons rendering professional services known as 'contractors' or 'sub-contractors' nor are payments made to them for the services rendered by them termed as 'payment for carrying out any work' or for 'supply of labour for carrying out any work' either in common parlance or in legal terminology. ..... to the petitioners, transportation does not involve bestowing any labour on the goods carried but it was a service rendered ..... the new provision will apply only in relation to 'works contracts' and 'labour contracts' and will not cover contracts for sale of goods.... .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (1998)IILLJ138HP
..... contention urged by the learned counsel for the petitioners is that there was no justification for the labour court to direct reinstatement with all back wages, consequential benefits and other advantageous payments to the workers ..... in these three writ petition the common question is whether the award passed by the presiding officer, labour court, shimla is liable to be interfered with on account of its suffering from any error on the face ..... proviso to the section reads that in any proceeding under this section the labour court shall rely only on the materials on record and shall not take any fresh evidence in relation ..... to the learned counsel for the petitioners once the labour court has come to such a conclusion it ought to have given an opportunity to the petitioner to adduce evidence before the labour court in support of the order of dismissal passed against ..... the second contention of the learned counsel for the petitioners is that the labour court has come to the conclusion that the domestic inquiry is vitiated and the findings arrived at by the inquiry officer in the said inquiry ..... there is no doubt whatever that the direction given by the labour court is erroneous as it is against the provisions of sections 17 and 17-a of the industrial disputes act probably , the labour court was over enthusiastic in that matter and gave such direction thinking that once its order is presented before some person that will have to be immediately and implicitly obeyed forgetting for a moment .....
Tag this Judgment!Court : Chennai
..... the workmen could be looked into only if the charge is proved and in the instant case, the labour court held that the charge is not proved and the question of looking into the past conduct does not ..... that the accident is solely due to the rash and negligent driving of the workmen and that the management was fully justified in passing the order of termination, that the labour court failed to apply the principles of res-ipsa-loquitor and ought to have dismissed the dispute raised by the workmen. ..... learned counsel for the workmen that the hon'ble division bench in the case of pandian roadways corporation ltd, referred supra, held that the labour court while exercising powers under section 33 (2) (b) has no power to re-appreciate evidence whereas under section 11a, the labour court has the same powers as or vested in a civil suit under the code of civil procedure. ..... further, as pointed out by the learned counsel for the workmen, the labour court was fully empowered to differ with the finding occurred at in the domestic enquiry and the learned counsel relied on the decision of the hon' ..... on the first issue regarding the validity of the domestic enquiry, the labour court in paragraph 7 of the award held that the domestic enquiry was in consonance with the principles ..... based on the award, the workmen filed c.p.no.30 of 2002 before the labour court, vellore under section 33 c(2) of the industrial disputes act (hereinafter referred to "as the act) to compute the monetary benefits based on the .....
Tag this Judgment!Court : Orissa
..... 'ble supreme court referring to the aforesaid constitution bench judgment in the case of central bank of india i (supra) stated that the proceeding contemplated by section 33-c(2) ` are analogous to an execution proceedings and the labour court, like the executing court in the execution proceedings is governed by the code of civil procedure and would be competent to interpret the award on which the claim is based.this view of the supreme court ..... 1982 to 31.12.1989 and also held that the workman was entitled to get rs.2,09,520/- deducting rs.24,158/- therefrom (which amount he had already received from the management) the labour court directed the management to pay a sum of rs.1,85,362/ - within four months from the date of award failing which the said amount shall carry interest @ 6% per month till realization. ..... hereinabove, the respondent-workman filed a petition under i ' section 33-c(2) of the industrial tribunal act before the labour court with a prayer to compute the amount payable as per the award and for issuance of a direction to ..... (8) since proceedings under section33 c(2) are analogous to execution proceedings and the labour court called upon to compute in i terms of money the benefit claimed by a workman is in such cases in the position of an executing court, the labour court like the executing court in execution proceedings governed by the code of civil procedure, is _ competent under section 33c(2) to interpret the award or settlement where the benefit is claimed under .....
Tag this Judgment!Court : Kerala
..... is stated that the case of the petitioner is not correct with reference to the facts as well, that the management had not recognised the petitioner as a protected workman; that no material was produced either before the labour court or even before this court to arrive at any such inference; that the enquiry report was submitted on 11.02.1992 and show-cause notice was issued proposing punishment on 27.04.1992, i.e. ..... non-compliance of the statutory prescription under section 33(3) of the industrial disputes act, (hereinafter referred to as the act) without obtaining prior permission of the industrial tribunal/labour court for awarding punishment in respect of a protected workman during the pendency of any proceeding before the industrial tribunal/labour court will result in automatic reinstatement and whether the intimation given by the trade union, furnishing the list of protected workmen to the management will enable ..... it was further pointed out that the promotion order of the petitioner was never produced before the labour court and the case of the management/employer was sought to be substantiated (to show that the typing work was also part of the work of the commercial assistant) with reference to the promotion order stated as given ..... the contentions raised from the part of the union as mentioned hereinbefore were reiterated before the labour court, also pointing out that the termination itself was null and void, for want of prior approval under section 33(3) of .....
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