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Ramala Sahkari Chini Mills Ltd. Vs. Brahmpal and anr.

Court : Allahabad

Reported in : (2004)1UPLBEC620

..... receipt of the reference the labour court issued notices to the employer and the employee and the parties have exchanged their pleadings. ..... assuming that the employers did not participate in the proceeding prior to 7.10.1986, there was no justification for the labour court to prepone the case and reserve the award. ..... i do not find any error committed by the labour court when it considered the case set upon by the employer in the written statement and the answers to the reference in favour of the workman directing the employers to reinstate the workman with continuity of service ..... thereby the employers filed an application for setting-aside the ex-parte award on 24th march, 1987, which application has been rejected by the labour court as stated above on 2nd december, 1987.4. ..... the petitioner-employer, aggrieved by an award of the labour court, meerut dated 29th september, 1986 in adjudication case ..... once, the labour court passed order on 26th july, 1986, the labour court has passed order to proceed ..... the labour court has recorded its finding while rejecting the application for setting-aside ex- ..... the labour court has considered the case set up by the parties and rejected the explanation submitted by the employer for setting-aside ex-parte award on the ground that the employers were careless in pursuing their ..... the labour fixed the dates for proceeding the matter by fixing 18th july, 1986 on which date the employers were directed to produce the record and the next date was fixed as 26th july, .....

U.P. State Road Transport Corporation and anr. Vs. Suresh Chandra Pand ...

Court : Allahabad

Reported in : 2003(3)AWC2186

..... suffers from manifest error of law in as much as the observation made by labour court that the penally imposed on the workman could not have been awarded according to regulation 63, is not sustainable in as much as said observation/finding, is patently perverse and this further demonstrates that the labour court has completely misread the regulation and thus it requires to be rectified by this court under article 226 of the constitution of india as held by apex court in the case ..... in this view of the matter, the award of the labour court cannot be sustained in view of the decision of the apex court referred to above. 10. ..... parties put in their appearance, exchanged their pleadings and adduced the evidence. ..... it has also been found by the labour court that since the employers have not produced the tickets, which were said to have been resold by the workman concerned. ..... state road transport corporation-employer challenges the award dated 6.1.1997 passed by the labour court (1), kanpur in adjudication case no. ..... the labour court on receipt of the aforesaid reference, issued notice to the parties. ..... labour court by its award held that according to the regulations framed by the employer, the penalty imposed on the workman concerned is a penalty, which is not contemplated under the regulations governing the service conditions of the workman .....

Sripati Saroj Vs. the Presiding Officer, Labour Court (4) and ors.

Court : Allahabad

Reported in : (2004)3UPLBEC2624

..... after hearing learned counsel appearing for the parties, i found that there is no infirmity with the findings arrived at by the labour court after considering the material evidence on record, which may warrant any interference by this court under article 226 of the constitution of india, nor any such infirmity or illegality can be pointed ..... the labour court framed the relevant issues and after considering the pleadings exchanged between the parties and material evidence on recordf has arrived at the conclusion that the enquiry conducted by the employers was fair and proper and no defect could be pointed out by the workman concerned, but on the question of punishment, the labour court found that the punishment of termination of service of the workman is too severe as compared to the ..... the following dispute was referred to before the labour court for adjudication:-^^d;k lsok;kstdksa }kjk vius jfedjhifr ljkst] iq= jh nsnh yky ifjpkyd] qrsgiqj fmiks dks vius vkns'k fnukad24-4-1986 }kjk fuycu vof/k 23-7-85 ls 24-4-85 ds vo'ks'k osru ls oafpr djukrfkk fnukad 25-4-86 ls lsok ..... after receipt of the reference, the labour court issued notices to both the employers as well as the petitioner-workman, who have put in appearance and filed written statements, rejoinder affidavits ..... the labour court, therefore, directed reinstatement of the workman concerned with punishment of stoppage of three years increment in salary and further that the workman shall not be entitled for any wages, except the .....

Divisional Railway Manager, Northern Railway and anr. Vs. Central Gove ...

Court : Allahabad

Reported in : (2003)3UPLBEC2310

..... so far as the case on merit is concerned as has already been held the finding recorded by the labour court do not warrant any interference in exercise of power under article 226 of the constitution of india.7. ..... the labour court after receipt of the aforesaid reference issued notice to the parties concerned who exchanged their pleadings and adduced evidence ..... the employer-petitioners aggrieved by the award of the central government industrial tribunal-cum-labour court, kanpur dated 17th july, 1997 passed in industrial dispute no. ..... 6.i do not find any infirmity in the award of the labour court nor anything could be pointed out which may warrant interference by this court in exercise of power under article 226 of the constitution of ..... therefore, it cannot be said that the labour court has committed any error in answering the ..... i/industrial tribunal-cum-labour court for adjudication :'whether the action of the management in declaring shri subhjivan lal s/o sri kishori lal, fireman grade 'b', as permanently unfit as fireman but fit in a one and below with glasses on 12.6.1984, is legal ..... court cannot sit in appeal over the finding recorded by the labour court/respondent no. ..... accordingly, the labour court has recorded a finding that the evidence relied upon by the concerned workman has to be believed and thus, held that the concerned workman is held to be fit after re-examination when he was asked to appear ..... the labour court, therefore, answered the reference in favour of the concerned .....

Management of Punjab National Bank Vs. Presiding Officer, Central Govt ...

Court : Punjab and Haryana

Reported in : [2001(90)FLR515]; (2001)IILLJ468P& H

..... this petition is filed by the management challenging the award of the labour court dated 10.4.1985, annexure p/3, vide which the labour court has directed the petitioner to take appropriate steps for providing employment to the respondents.2. ..... the petitioner had pleaded before the labour court that out of 12 persons, who were sponsored by the union, seven had worked for short term duration and five of them had never worked with it. ..... it has also been observed by the labour court that they faced their cross-examination in the acid test but their deposition could not be shaken. ..... admitted that the bank had made recruitment in the subordinate staff obviously after the disengagement of the respondents but justification was projected on' the plea that it was done through approved sources like employment exchange etc.4. ..... the award of the labour court, therefore, cannot be upheld.this writ petition deserves to be allowed. ..... it is also discussed by the labour court that the employee seeking re-employment is not required to have minimum qualification of one year service, as was argued before the labour court.5. ..... it hereby allowed and the award of the labour court is quashed.7. ..... the labour court found that the respondents had served some of the branches of the petitioner-bank for certain durations. ..... they, therefore, raised a demand which was referred to the labour court.3. .....

Gyanendra Sahay Vs. Tata Iron and Steel Co. Ltd.

Court : Supreme Court of India

Reported in : AIR2006SC2795; 2006(3)CTC844; [2006(110)FLR769]; [2007(1)JCR84(SC)]; JT2006(6)SC363; (2006)IIILLJ356SC; (2006)3MLJ273(SC); 2006(7)SCALE116; (2006)5SCC759; 2007(1)SLJ235(SC)

..... he invited our attention to various letters and correspondence that were exchanged between the appellant and the respondent-company and also drew our attention to the order passed by the labour court, the learned single judge and the division bench, he also invited our attention to the evidence led before the labour court. ..... the appellant raised an industrial dispute before the labour court under the bihar shops & establishments act contending that his resignation was not voluntary and he was forced to submit the application for premature/voluntary retirement. ..... aggrieved by the award passed by the labour court, the respondent preferred civil writ petition no. ..... the preliminary issue as to the maintainability of the matter before the labour court was also raised which was overruled by the labour court. ..... though the labour court has come to the conclusion that the appellant was compelled to submit the letter of resignation, the same is not supported by any acceptable evidence. ..... finally, the labour court held that the appellant is entitled to relief of reinstatement in service with full back wages and other consequential benefits.5. .....

N. Kasinatha Perumal Vs. the Commissioner, Kovilpatti Municipality

Court : Chennai

Reported in : (1995)2MLJ2

..... appointments to the posts outside the purview of the tamil nadu public service commission made upto the period of 31.12.1977, without consulting the employment exchange be ratified as a special case by the concerned administrative departments of the secretariat, provided the individuals possess all qualifications prescribed for the posts.2. ..... since the petitioner was appointed on 14.3.1977 and in his case, employment exchange had not been consulted, he thought that his case would not be covered by the above and there would be no interference in his ..... it is difficult to concede that consultation with the employment exchange can be put to a position higher than the consultation with the public service commission, in the matter of appointment to the post under a government of the state, consultation with the public service commission, which is ..... had envisaged for the posts outside the purview of the tamil nadu public service commission and were irregularly making appointments to various posts in their respective establishments without consulting the employment exchange and on 7.11.1978, the government issued g.o.ms. no. ..... is found that the service regulations of the municipality concerned or otherwise any statutory provision has made consultation with the employment exchange imperative, however desirable the consultation may be, it cannot be said that any appointment made without consulting the employment exchange is invalid. ..... 1352, labour and employment department, and directed as .....

Sunil Kumar Vs. Presiding Officer Industrial Tribunal-

Court : Punjab and Haryana

..... insofar as the repeated extensions given for 89 days basis are concerned, i would only say that that may fall in the vice of unfair labour practice aimed mainly to avoid the rigours of the employment exchanges (compulsory notification of vacancies) act, 1959 as explained by the division bench of this court in bhikku ram vs. ..... the testimony of the workman appearing as his own witness has also prevailed with the labour court inasmuch as he admitted that he was appointed without advertisement calling for applications for filling up the post of securityman; no interview was held not any selection committee was appointed to make the selection and that he ..... it is one thing to dispense with services by resorting to standing orders/executive instructions/rules for absence from duty for specified days but it is a different matter when the disengagement is brought under judicial scrutiny of a labour court, the action would still have to be justified on the touchstone of law. ..... the presiding officer, industrial tribunal- cum-labour court, rohtak, 1998(1) rsj 703.such a case would also not fall in exception (bb) of section 2 (oo) of the act. ..... these issues arose before the labour court which failed to get in grips with the case resulting in failure of justice and an award which is unsustainable. ..... petitioner versus presiding officer, industrial tribunal- cum-labour court, ambala and others ..... .....

J.H. Jacotine and Another Vs. Air Lanka Limited and Others

Court : Sri Lanka Supreme Court

..... services union on behalf of a workman (1991) 1 slr 380, the applicant had previously filed an action in the labour tribunal, hatton, alleging that the appellant respondents had wrongfully terminated his services. ..... the above-mentioned exchange between the respondent and the petitioner, the respondent filed action before the labour tribunal. ..... the fact-sensitive nature inherent in the analysis of a severance between employer and employee, it is to be noted that a determination of constructive termination can admittedly be quite a complex and delicate affair and is best left to the labour tribunal the original trier of fact for precisely this reason. ..... on the basis of the aforesaid findings, it is evident that the petitioners declaration that the respondent had vacated employment as upheld by the labour tribunal is accurate and is reasonable under the circumstances. ..... such, unless an exigency exists that warrants otherwise, upsetting the determination of the labour tribunal in such matters is to be resisted. ..... dissatisfied with the finding of the labour tribunal, the respondent then appealed to the provincial high court of the western province to set aside the labour tribunal order. ..... the learned president of the labour tribunal made his order dated 09th may 2008, dismissing the application of the ..... ) filed an application in the labour tribunal seeking relief on the premise that his services were constructively terminated by the respondent-respondent-petitioner company (hereinafter, the .....

Shri Krishna Nand S/O Shri Domamn Vs. Government of Nct of Delhi

Court : Central Administrative Tribunal CAT Delhi

..... 2399/1995 which was disposed of on 26.3.1996 directing the respondents to consider the case of the applicant along with others who have been sponsored by the employment exchange; (ii) that in the year 1997 applicant along with 4 others filed oa no. ..... (i) that in 1994 applicant was appointed as a causal labourer on his name being sponsored by the employment exchange. ..... , the respondents are directed to consider the applicants, if they make a request to that effect within 15 days from the date of receipt of a copy of this order, along with other candidates who may be sponsored by the employment exchange. ..... : in view of the above, i consider that the only direction that can be given is that the applicants may also be considered for the direct recruitment posts, on merit, alongwith others who may be sponsored by the employment exchange. ..... in 1995 respnodents held a selection for appointment to the post of nursing orderly and his case was not considered because of non-sponsorship by the employment exchange. .....