case of improper invocation
of the jurisdiction of Labour Court but not a case of inherent lack of
jurisdiction per se. To the said extent ... conforming to the Circular, Rules etc., as the case may be
governing, the situation.
Since the Labour Court has exercised its discretion on
appreciating
perverse, or based on no evidence; and in the
instant case, the Labour Court exceeded the scope of its
powers. He contends that it functioned ... before the Labour Court by the management, the
Labour Court will have the jurisdiction to appreciate the
evidence. But, in a case where the materials
case of STEEL AUTHORITY OF INDIA
LTD.AND OTHERS v. NATIONAL UNION WATERFRONT
WORKERS AND OTHERS and COCHIN
INTERNATIONAL AIRPORT LIMITED v. THE REGIONAL
LABOUR ... drawn by the learned counsel for the contract labour from the
cases laying down the principles as to under what
circumstances a government company
contract
labour emerges. In that process, their Lordships have defined
Contract Labour in the following terms.
By definition the term contract labour is a
species ... contract labour.
Having, thus, defined the term Contract Labour, the
Constitutional Bench has spelt out the circumstances under
which contract labour could be treated
which the injured was doing prior to the
accident. In case of labourer, artisan, driver etc., where a person has
sustained permanent disability, he will ... many cases, there may be 100% or
atleast 75% of loss of earnings. But the same may not be the case in
respect
particular provision of law. He submits that the Labour
Court itself found that in many cases, the engagement of the
employees was purely on temporary ... reference. He submits that
the fact that the Labour Court has differentiated the cases of
various categories of employees, clearly demonstrates the
objectivity exhibited
also his case that
there
is limping and shortening. Unfortunately, no Doctor is examined in this case.
However, the medical reports filed by the claimant ... nature of job which he may secure in future. In case of
labourer, artisan, mesan and all those who have to work with their limbs
Counsel for respondents: G.P. for Labour &
Sri V.Narasimha Goud
<GIST:
>HEAD NOTE:
? Cases referred ... that, the obligation would commence from
that date. Unfortunately, in this case, the Labour Court did not
record any finding as to when
conferring temporary status. In the unlikely
event of there being any cases casual labourers engaged
after 30.3.1985 requiring consideration for conferment of
temporary status, such ... currently engaged as casual labour.
In view of the above, your case for conferment of
Temporary Status and subsequent regularisation is rejected.
None of these
done by the injured prior to the date of accident. In case of labourers,
artisans or any other person, they have to do hard work ... hand or one leg the labourers will
not be in a position to do the labour work. In such cases normally there
will be total
