Court : Sri Lanka Supreme Court
..... court judge in his judgment stated that inefficiency is not relevant as the termination of the workman had been based on assault and nothing else and that the labour tribunal relied on inefficiency which is not the issue that resulted in the termination of the services of the workman. ..... both witnesses speak to the same facts which would thus be a corroboration of the fact that the workman seneviratne had assaulted jayakody and therefore the conclusion reached by the president of the labour tribunal that the act of misconduct committed by the workman seneviratne had been established cannot be faulted. ..... a perusal of the judgment shows that the high court had acted on a misconception that the labour tribunal had based its decision on the past record of the workman which the high court considers to ..... de silva, cj: the applicant-appellant-respondent made an application on behalf of l.p.d.seneviratne being a planter, to the labour tribunal of matugama alleging that the services of the said seneviratne had been terminated wrongfully and unjustifiably and prayed that he be reinstated with back wages or in the alternative be granted ..... an allegation involving misconduct or moral turpitude is a determining factor in proceedings before a labour tribunal in order to decide whether the workman is a fit and proper person to be continued ..... considered the evidence of the workman regarding the said incident where the workman had admitted his presence and the exchange of words between him and jayakody. .....
Tag this Judgment!Court : Delhi
..... 20 does not deal with what is to be done with the period of service spent as casual labourer, para 20 of the master circular 54 and para 2005 of the irem address the said issue. ..... chanda devi (supra) did not consider the effect of rule 20, which, in the opinion of this court, entitles those who work as casual labourers; are granted temporary status, and; eventually appointed substantively to the railways, to reckon the w.p. ..... counting of the period of service of casual labour for pensionary benefits half of the period of service of a casual labour (other than casual labour employed on projects) after attaining of temporary status on completion of 120 days continuous service if it is followed by absorption in service as regular railway employee, counts for ..... be immediately apparent that the master circular no.54 and para 2005 of the irem deal with a situation where casual labourers/workers are eventually regularised after attainment of temporary status. ..... of the irem - which deals with entitlements and privileges admissible to casual labourer, who were subsequently treated as temporary, reads as follows: 2005. ..... (c) no temporary posts shall be created to accommodate such casual labour, who acquire temporary status, for the conferment of attendant benefits like regular scale of pay, ..... be specified in these orders they will have a prior claim over others to recruitment on a regular basis and they will be considered for regular employment without having to go through employment exchanges. .....
Tag this Judgment!Court : Delhi
..... 20 does not deal with what is to be done with the period of service spent as casual labourer, para 20 of the master circular 54 and para 2005 of the irem address the said issue. ..... chanda devi (supra) did not consider the effect of rule 20, which, in the opinion of this court, entitles those who work as casual labourers; are granted temporary status, and; eventually appointed substantively to the railways, to reckon the w.p. ..... counting of the period of service of casual labour for pensionary benefits half of the period of service of a casual labour (other than casual labour employed on projects) after attaining of temporary status on completion of 120 days continuous service if it is followed by absorption in service as regular railway employee, counts for ..... be immediately apparent that the master circular no.54 and para 2005 of the irem deal with a situation where casual labourers/workers are eventually regularised after attainment of temporary status. ..... of the irem - which deals with entitlements and privileges admissible to casual labourer, who were subsequently treated as temporary, reads as follows: 2005. ..... (c) no temporary posts shall be created to accommodate such casual labour, who acquire temporary status, for the conferment of attendant benefits like regular scale of pay, ..... be specified in these orders they will have a prior claim over others to recruitment on a regular basis and they will be considered for regular employment without having to go through employment exchanges. .....
Tag this Judgment!Court : Punjab and Haryana
..... the management argued before the labour court that the petitioner was not engaged through the employment exchange or through inviting applications from eligible candidates through a open public advertisement in published in a newspaper. ..... (iii) the right of reinstatement, however, is not an automatic right as such and while directing reinstatement, the labour court will have to take into consideration various aspects as to the nature of appointment, the availability of a post, the availability of work, whether the appointment was per se rules and the statutory provisions and the length of ..... , gurdaspur and another decided on 10th october, 2014 in which as many as seven labour law principles have been culled out which are : - (i) keeping in view the recognised power of the industrial tribunal to direct reinstatement on account of the violation of section 25-f of the act the same cannot be denied solelyon the ..... the plaintiff withdrew the suit to file a proceeding in the court of the labour tribunal with respect to the claim in the suit. ..... uma devi-3 is not applicable to the labour laws as explained in maharasthra state road transport corporation ltd. v ..... on the question of relief, the labour court applied the law in haryana state electronics development corporation limited v ..... the finding recorded by the labour court, patiala in the impugned award dated september 12, 2013 is that the services of the workman were terminated in violation of section 25-f of the industrial disputes act, 1947 .....
Tag this Judgment!Court : Supreme Court of India
..... meanwhile, the process of implementation of the judgment in writ appeals 1434 of 2008 and batch was continuing and a large number of contract labourers who could not be appointed in view of clause 6 (iv) (c) of the revised notification dated 20.10.2006 were appointed even after the fresh ..... directions issued by the learned single judge regarding the method of preference to be given to the contract labourers and the appointments to be restricted to only one year were set aside by the division bench ..... certified by the concerned divisional engineer, shall alone be treated as presently working contract labour and are entitled for preference in selection based on the length of service. ..... a writ petition was filed in the high court by the existing contract labourers questioning clauses 7 (ii) and (iv) of the advertisement/notification dated 08.06.2006 by which residence in the notified area was made compulsory and selection was based on ..... reservation shall be followed both in respect of existing contract labour as well as fresh candidates as per the existing procedure and ..... vi) after considering the cases of all the existing contract labour, still if there remains any vacant posts, then the cases of the fresh candidates shall be considered subject to fulfilling the requisite conditions and the marks obtained in the qualifying ..... e vii) applicants who applied pursuant to the notifications are entitled to be considered even if their names are not sponsored by the employment exchange concerned. .....
Tag this Judgment!Court : Delhi
..... to say that the petitioner became wise in the year 2010 to realise that there was a complete ban put up by the government to engage part time casual labourer, by notification issued in the year 1993 would amount to putting at risk the entire service career of the respondent, who was nowhere at fault and remained in uninterrupted service for a period of more than ..... which were required to be fulfilled for such an appointment are reproduced herein: i) applicant should have rendered service as casual labourer/part time casual labour for complete one year; (ii) applicant s engagement should have been made through employment exchange; and iii) applicant should possess the educational qualification of viiith pass. ..... the conditions for appointment to the said post of gramin dak sewak was that the applicant should have rendered service as a casual labourer/part time casual labourer for complete one year and despite fulfilling other conditions, this condition was duly fulfilled by the respondent. ..... working in the said capacity, chief post master knhpo had issued an employment notice dated 15.09.2008 inviting applications from casual labourers/part time employees of the knhpo, who were willing to be appointed against two vacant posts of gramin dak sewak. ..... dated 21.02.2014, the learned counsel for the petitioner submits that the learned tribunal has failed to appreciate the fact that the respondent was engaged as part time casual labourer and therefore he had no vested right to occupy this post. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(2)ALD427; 1998(3)ALT256
..... tenders were called for supply of labour in the telecom office, exchanges etc. ..... it has further been stated that when the 2nd respondent and sri yogananda rao were working at khammam similar labour contract in the telecom office of khammam was awarded to the 4th respondent. ..... next to petitioner was respondent no.4 who had offered rs.62/-per day per labour which was a lower than other contestants who were according to them eligible ..... it is submitted that, contractors had to engage labour for the department and it was the endeavour of the respondents to see that the labour is not engaged on wages which are lesser than the minimum wages prescribed under the minimum wages act it had also been notified that the labour so engaged willget the benefits under employees liability act, 1938, industrial disputes act, 1947, maternity benefits act, 1961 and the contract labour act, 1970. ..... rao & party,vijayawada - rs.69.75/-the petitioner quoted rs.52/- as wages per a labour which was third lowest amongst the contenders. ..... kamaraj constructions had offered a rate of rs.41/- per labour which is lesser than the minimum wages therefore his offer was ..... they could not be allowed to pay to the labour engaged by them a wage which was lesser than the minimum wage prescribed, therefore they were not at all eligible to be considered for giving the ..... it is submitted that the labour commissioner, central, hyderabad had issued a letter on 26-9-1997 by which wages of unskilled labour have been fixed at rs.47.26ps .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(2)AWC1141; [2002(92)FLR1223]; (2002)2UPLBEC1039
..... the parties have exchanged their pleadings, adduced their evidence and the matter was argued before the labour court. ..... learned standing counsel has raised first ground that the labour court has not dealt with the preliminary objection taken on behalf of the employer that workman concerned was not employed in the industry. ..... on the contrary, the labour court has recorded a finding that in the letter dated 26.10.1989, the executive engineer has sought for permission of the extension of the concerned workman's appointment beyond december, 1989, in which it has been stated that ..... the facts leading to the filing of present writ petition are that the state government vide its order dated 11.2.1992 has referred the following dispute before the labour court, the respondent no. 1. ..... i find no irregularities or illegalities in the award impugned, therefore, no interference is required under article 226 of the constitution of india against the findings recorded by the labour court. ..... the labour court has recorded a categorical finding that the preliminary objection was not pressed and neither any documents, nor any other evidence has been adduced and no arguments were advanced to press this ground. ..... by means of this writ petition under article 226 of the constitution of india, the petitioners have challenged the award of the labour court iv, u.p. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(2)AWC1637; [2002(93)FLR1084]; (2002)2UPLBEC1475
..... various decisions of the supreme court, it is clear that the fact that the workman concerned has worked for more than 240 days in the preceding calendar year having not been disputed and the labour court having arrived at the findings, it becomes mandatory on the part of the employer to complying with the provisions of section 6n of the u. p. ..... the labour court after exchange of the pleadings, written statements and evidences framed the following two additional issues : '(1) whether the workman is covered with the definition of workman under u. p. ..... same is the factual position in the instant case wherein the labour court has found and, in my opinion rightly, that admittedly the workman has worked for more than 240 days in the preceding calendar year and that his services have been terminated without complying ..... the high court approached the matter rather strangely as it went at a tangent to consider not only whether the casual worker's services can be put to an end to but if the award made by the labour court would make him permanent employee, so on and so forth. ..... as the condition precedent to such retrenchment was not complied with, the order of reinstatement granted by the labour court could not be found fault with.' 7. ..... in view of the findings recorded by the labour court on the additional issues that the workman concerned is covered by the definition of workman under the act, the stand of the employer that since the workman concerned was employed on daily wages in employment which .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(4)AWC2895; [2002(95)FLR176]
..... i have considered the arguments advanced on behalf of the workman and i find that the award does not require any modification as the labour court itself has granted back wages only from the date of reference. 2. ..... the employer raised preliminary objection regarding the jurisdiction of the labour court to adjudicate upon the matter in dispute on the ground that the petitioner (director kanpur zoological park. ..... but so far as the back wages are concerned, the labour court awarded back wages for the period of the termination of the workman, i.e. ..... the parties after notice exchanged the pleadings through their representatives and also adduced evidence. ..... in this view of the matter, he relied on the principle or 'no work no pay', therefore, he argued that the award of the labour court deserves to be modified. ..... presiding officer, labour court ii, kanpur and anr. ..... through the director, kanpur zoological park kanpur, has challenged the award dated 30th mach, 1995 of the labour court iii, u. p. ..... the labour court, therefore, directed the re-in~ statement of the workman. ..... the labour court, after considering the arguments advanced by both the parties has arrived to the conclusion that the services of the workman having been terminated with effect from 12.8.1986, is illegal and without any valid ..... the reference was received by the labour court. .....
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