Labour Court, Allahabad. The said dispute referred to the Presiding Officer, Labour Court, Allahabad respondent no. 1 was registered as Adjudication Case ... given case cannot by itself be held to be decisive of the whole issue, since it may depend upon each case to case
case of State of Haryana v. Jasmer Singh , (1996) 11 S.C.C. 77, would not apply to the instant case. This case was regarding ... instant case the workman was found entitled to retrenchment compensation. In the other case of U.P. Power Corporation Ltd. v. P.O. Labour Court
entitled to be reinstated in service. These circumstances may vary from case to case and no exhaustive list of such circumstances can be drawn ... dependents upon the facts and circumstances of the individual case. In some cases delay in raising the industrial dispute was considered as a relevant circumstance
rendered not available.
12. It is lastly submitted that in any case the Labour Court has failed to appreciate that strict rules of evidence ... reached the age of superannuation during the pendency of the case before the Labour Court. The delay in raising the dispute against the erstwhile
petition. From the award of the Labour Court, it is clear that Labour Court has noted the case of the parties and has not found ... present case.
19. The last case relied by Sri Agarwal is Changdeo Sugar Mills' case (supra). This was a case as to whether
Union of India and Ors. , Air India Statutory Corporation v. United Labour Union Labour Union and Ors. 2002 ( 95) FLR 949 Essen Deinki v. Rajiv ... recent judgment of the Apex Court reported in 2005 Supreme Court Cases (Labour and Service) 372, Management of Madurantakam Corporation Sugar Mills
production of evidence is always optional. In the present case, it is not the case of the petitioner with reasoning that in spite ... secondary evidence was the best evidence for decision of the case by the Labour Court.
16. In view of the aforesaid fact
second and third paragraphs deal with the dates fixed in the case in labour court. The fourth and last paragraph contains conclusion. The decisions discussed ... claims of the parties would not be valid. In the instant case, the Labour Court merely laid out factual aspects and jumped to the conclusion
appeared for respondent No. 3 has submitted that the Labour Court has decided the case and has given an award according to the Reference ... date on which the dispute is raised. Take a case where the Labour Union raises a dispute on a particular date but says that
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7. The reference was registered as Adjudication Case No. 90/82 in Labour Court IV, Kanpur. A supplementary affidavit has been filed ... incumbent upon the workman to have proved his case before the Labour Court, It is urged by the counsel for the petitioner that the Labour
