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CHANDRA DHARI SINGH
Ram Lallan – Appellant
Versus
Management Shankar Tin Ind – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
1. The instant petition under Article 226 of the Constitution of India, has been filed seeking the following reliefs:
"(a) Issue an appropriate writ in the nature of certiorari for setting aside the impugned order dated, 5.2.2004, (Annexure `A') passed by Sh. Sanjay Kumar, Labour Court-II, thereby directing to reinstate the petitioner with full back wages with full facilities and to restore the continuity of his Services as per the rules. Call for the record of case ID No. 192/96.
(b) Pass any other order which this Hon'ble Court deems fit and proper under the facts and circumstances of the case, in the interest of justice."
2. The facts leading to the present petition are as follows:
i. The petitioner was employed for office field work by the respondent since 1st October 1979, on a monthly wage of Rs.1,500/- and he was removed from his services on 15th September 1995.
ii. After his termination, the petitioner served the respondent with a notice for demanding the wages and other benefits that were due on the part of the respondent.
iii. The petitioner was constrained to approach the Labour Cour as the respondent management did not provide any relief
The finality of the Labour Court's findings and the limited scope of re-appreciating evidence in a writ petition under Article 226 of the Constitution of India.
Labour Court has held against the workman on the basis that the documents like pay sleep, muster roll etc. are not produced. But, at this juncture, it is require to peruse the oral evidence of the wo....
The main legal point established in the judgment is that claims filed under Section 2A of the Industrial Disputes Act, 1947, must be made within the statutory limitation period of three years from th....
The court reaffirmed that an employer must provide procedural documentation to validate termination; absence of such leads to findings of illegal termination under the Act.
The main legal point established in the judgment is that the employer must follow the relevant provisions of the I.D. Act before terminating the service of an employee, and failure to do so may entit....
The main legal point established in the judgment is the entitlement of an employee to claim wages for the period between dismissal and reinstatement, as per the provisions of the Industrial Disputes ....
The limitations of the Writ Court in determining the factual matrix and the scope of power to issue a writ of certiorari.
Point of Law : Court does not find any cogent reasoning in the order of the Labour Court in so far as the denial of relief of reinstatement or back-wages is concerned.
The main legal point established in the judgment is the requirement for compliance with the provisions of the Industrial Disputes Act, 1947, particularly in cases of termination and retrenchment, and....
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