ratio in cases of Bharat Forge, K.S.R.T.C. and Permanent
Magnet 's case (supra) shall equally apply to cases wherein ... Chakravartis case (Britannia
Biscuit Co. Case?) (1976 Lab IC 1358). It was further
contended that it is the obligatory duty of the Labour
Court / Industrial
been
adjudicated or recognised earlier. It is only in these cases that the Labour
Court would have the jurisdiction to decide the quantum ... situated in Delhi. It was
not the petitioner's case, before the Labour Court, that any part of cause of
action had arisen within
circumstances of the present case and
considering the case of both the parties to the extent that the reference
case should be decided ... Industrial Tribunal, we transfer the
reference case from the Labour Court-II, Ghaziabad to the concerned
Industrial Tribunal for its decision and direct the proceedings
period where no duty is discharged. In the cases where employee is governed by various labour welfare legislations, payment of wages in certain contingencies, where ... dichotomy of judicial pronouncements in the matters dealing with labour cases and those dealing with government service, inasmuch as, in labour matters since power
cases
of wrongful termination, reinstatement must
follow. This Court found in those cases that
judicial discretion exercised by the Labour
Court was disturbed ... cases, different amount of compensation depending upon
the facts and circumstances of each case has been
awarded modifying the judgment and award of the Labour
with the contention of the management that the Labour Court has gone astray in this case. We are also not inclined to accept the argument ... reference is primarily a cause for adjudication by the Labour Court or tribunal, as the case may be, and that does not mean the Labour
Court, on each adjournment, if she wants to
defend her case before the Labour Court. It is stated on her
behalf that, she is neither ... stands violated since she is rendered remediless to
put her case before the Labour Court. At the same time, for the
Page
scales to the casual labourers with temporary status. But since the Applicants are daily paid labourers and they were not granted the temporary status, they ... have prior claim for absorption against existing/future vacancies. In case of illiterate casual labourers or those who fail to fulfill the minimum qualification prescribed
automatic. He relies on the judgment of the Supreme Court in the case of
"U.P. State Brassware Corpn. Ltd & anr. Versus Uday ... judgment
of the Supreme Court in the case of " Neeta Kaplish versus Presiding
Officer, Labour Court (1999 (I) LLJ 275)". In the context
para 12 as under :
"12. Normally, the Labour Court or the Industrial Tribunal, as the case may be, is the final court of facts ... satisfaction in the place of such satisfaction of the Labour Court."
19. In the case of M/s. Hindustan Steels Ltd. Rourkela
