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MAUNA M. BHATT
Gurukrupa Procons Pvt. Ltd. – Appellant
Versus
Abhesinh Nathabhai Damor – Respondent
JUDGMENT :
1. Petitioner Company has filed this petition seeking following reliefs:
(B) Pending admission, hearing and final disposal of this petition, this Hon’ble Court may be pleased to stay operation, execution and implementation of the impugned awards dated 18.07.2017 passed in Reference (T) Nos. 50 to 52 of 2016 (Annexure: A) by the Labour Court.”
(C) Pending admission, hearing and final disposal of this petition, this Hon’ble Court may be pleased to restrain the respondent No. 5-Mamlatdar, Ahmedabad from taking any coercive action again the petitioner and its property as per the impugned recovery
The existence of a binding settlement under Section 2(p) of the Industrial Disputes Act negates claims of workmen, especially when raised after an excessive delay of 19 years.
The importance of evidence presented before the Labour Court, the limited scope of judicial review, and the impact of delay and suppression of material facts on the petition.
The validity of closure negates grounds for reinstatement unless framed properly within statutory provisions under the Industrial Disputes Act.
A workman must demonstrate that an industrial dispute remains alive despite delays; failure to do so renders the dispute stale and unenforceable.
The Labour Court does not become functus officio after the award has become enforceable, as far as the ex parte award is concerned. It is within the powers of the Labour Court/Tribunal to entertain a....
Claiming wages - It is proved to the satisfaction of the High Court or Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part th....
The main legal point established in the judgment is that the consequences of an illegal closure are statutorily prescribed, and the workmen are entitled to all the benefits under any law for the time....
The general rule is that the workman is entitled to the benefits under Section 17B from the date of passing of the award unless there is undue delay on the part of the workman in approaching the Cour....
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