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S. SRIMATHY
P. Murugesan – Appellant
Versus
Presiding Officer, Labour Court, Tiruchirapalli – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the first respondent Presiding Officer, Labour Court, Thiruchirapalli in I.A.No.4 of 2015, in I.D.No.100 of 2010, dated 28.07.2015, to quash the same and further to direct the first respondent, Presiding Officer to pass fresh order in the said I.A.No.4 of 2015 in I.D.No.100 of 2010 on merits, based on the material available on the Labour Court record.)
1. This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the order passed by the first respondent Presiding Officer, Labour Court, Thiruchirapalli in I.A.No.4 of 2015, in I.D.No.100 of 2010, dated 28.07.2015, and further to direct the first respondent, presiding officer to pass fresh order in the said I.A.No.4 of 2015 in I.D.No.100 of 2010 on merits, based on the material available on the Labour Court record.
2. The petitioner filed an interlocutory application in I.A.No.4 of 2015 praying to direct the first respondent to pay full salary with notional increase by 7th date of every calendar month as interim relief,
The court's decision emphasized the importance of the petitioner's genuine interest in joining the transferred post and the application of jurisdictional provisions under the Industrial Disputes Act ....
The court emphasized the power of the tribunal to regulate its own procedure and the principle that technical and procedural lapses should not hinder substantial justice.
Section 17 B of I.D.Act reads as payment of full wages to workman pending proceedings in higher courts.
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 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 limitations of the Writ Court in determining the factual matrix and the scope of power to issue a writ of certiorari.
The finding of fact by the Industrial adjudicator can only be interfered with if patently illegal.
Section 11A reads as powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen.
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