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SUJIT NARAYAN PRASAD, SUBHASH CHAND
Axis Bank Limited – Appellant
Versus
Ajay Kumar Mishra, S/o. Sri Sachidanand Mishra – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
The instant appeal, under clause 10 of the Letters Patent, is directed against judgment/order dated 11.11.2020 passed in W.P. (L) No. 5412 of 2019 by learned Single Judge whereby and whereunder order dated 22.08.2019 passed by learned Presiding Officer, Labour Court, Jamshedpur in B.S. Case No. 2 of 2013 has been refused to be interfered with, by dismissing the writ petition, holding that the award passed by the Labour Court suffers from no infirmity.
2. The brief facts of the case, as per pleadings made in the writ petition, read as under:
The case of the petitioner – Management is that the respondent – employee was appointed to the post of Assistant Vice President, who joined the services of Petitioner-Management on 28.07.2008 at its Jamshedpur office. After satisfactory completion of probation period, the services of the employee-respondent was confirmed vide letter dated 09.02.2009. The concerned employee-respondent was thereafter transferred to Dhanbad vide Personnel Transfer Letter dated 23.02.2009 where he joined on 25.02.2009 and started
The jurisdictional issue can be raised at any stage of the proceeding and must be considered based on the date of cause of action. The court's jurisdiction is to be determined by the statutory mandat....
Section 11A reads as powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen.
The main legal point established in the judgment is that the Labour Court has the jurisdiction to entertain a recovery application under Section 33(C)(2) of the Industrial Disputes Act when the claim....
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