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CHANDRA DHARI SINGH
Megh Kumar Jain – Appellant
Versus
India Overseas Coporation – Respondent
JUDGMENT
CHANDRA DHARI SINGH, J.
1. The instant petition under Articles 226/227 of the Constitution of India, has been filed on behalf of the petitioner seeking the following reliefs:
"(a) issue an appropriate writ of mandamus/certiorari or a writ of like nature or order or direction quashing/setting aside the, impugned order dated 26.04.2018 passed by the Ld. Labour Court Dwarka in LIR No. 8666/16 and stay its operation.
(b) Direct the Management to pay back wages with consequential benefits from the date of termination of employment together with reinstatement with all consequential benefits. And/or
(c) further remand the matter/ the Ld. Labour Court Dwarka to decide it afresh in order to test the defence at the anvil of truthfulness by, deposition. Or, in the alternative draw a presumption against the Respondent/Management as provided in the s. 114 of the Evidence Act and reinstate the workman to mitigate the loss of wages during the rest of the period of wrongful termination. Or in the alternative to all above
(d) Direct the Management/Respondent to pay all the retiral benefits with proper contribution to Provident Fund for the past period and Award the cost of litigation in favour o
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.
The court upheld that the burden of proving continuous service and employee-employer relationship lies with the workman, which was not met, leading to dismissal of the claim based on delay and lack o....
A workman must demonstrate that an industrial dispute remains alive despite delays; failure to do so renders the dispute stale and unenforceable.
Section 2-A of Act reads as dismissal, etc., of an individual workman to be deemed to be an industrial dispute.
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 illegal refusal of employment by the management necessitated compensation for the workman, underscoring the employer's burden to prove any contrary claims.
It is again on issue of delay where there is no express provision for it. Whereas, in the present case, there is express provision providing limitation to prefer a Reference / claim before the Labour....
The definition of 'Workman' under Section 2(s) of the Industrial Disputes Act excludes those in supervisory roles who exceed statutory salary limits, impacting jurisdiction over disputes.
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