labour and after amputation of his right leg, has become totally incapable of earning his livelihood by working as unskilled labour, hence in his case ... with an amputated leg. Court further observed that in manual labour cases, loss of limb is often equivalent to loss of livelihood. In that case
claim was allowed in the case of Anek Singh - the lead case.
Writ C No. 14105 of 2017 (lead case)
This writ petition has been ... Labour Court, and the Labour Court shall determine the amount after considering the report of the commissioner and other circumstances of the case. These provisions
Deputy Labour Commissioner should have referred the matter to the Labour Court for adjudication.
14. At the time of hearing of the aforesaid case, Shri ... till his termination/retrenchment was set aside by the Labour Court, then in such case application under section 6H(2) would be maintainable
petitioners filed their written statement in all nineteen cases i.e. in Case Nos. 98 to 116 of 1996 taking almost identical objections ... illegal deductions are made from the wages of the labour by the contractor and in case this was done the principal employer was required
dated 28.11.1986 in the case of project casual labour.
(d) Casual labour who have acquired temporary status and have put in three years' continuous ... post and it does not includes causal labour including casual labour with temporary status."
The third case law relied upon by the learned counsel
conciliation proceedings was forwarded for adjudication by the Deputy Labour Commissioner vide reference in CP Case No.49 of 1989 dated 14.5.1991 under Section ... order to exclude Labour laws there must be statutory exclusion (b) failing such an exclusion Labour Law will apply. In this case, there
Sugar Corporation Vs. Labour Court, Gorakhpur reported in 2000 Labour Court (Lab IC) Vol.33 330.
The Labour Court came to this conclusion ... case after noticing all arguments and pleadings on behalf of both the parties. In that case I had remanded the matter back to the Labour
were registered in Labour Court, Agra. All these cases were consolidated and heard together by the Labour Court. Nagar Palika Parishad filed its written statement ... further be challenged by making a reference to the Labour Court. The Labour Court had no jurisdiction to decide the dispute with respect
reference State and it should have been rejected by the Labour Court. In that case reference was sought after fourteen years; Haryana State Cooperation Land ... reiterated the above legal position. That was a case where the Labour Court had granted reinstatement in service with full back wages to the workman
employer against the award of the Labour Court, Bareilly, dated 14.10.2016 in Adjudication Case No. 7 of 2014 in the matter of M/s Veritaz ... labour practice.
Accordingly, the writ petition is allowed. The finding and the award of the Labour Court is quashed to the extent the Labour Court