statement
inter alia denying the case of Respondent no.1. In short the Petitioner's case
before the Labour Court was as follows:-
That ... considerable degree of detail, in my
opinion, in the present case the Labour Court has appropriately considered
the evidence on record which manifestly demonstrates that
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
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
present case is totally at variance with the fact
situation as obtained in the said case.
27] The rulings in the cases of Bombay Union ... 10th Labour Court is a shade better than Part-I award made
by the 1st Labour Court.
30] The 1st Labour Court has obviously failed
present case is totally at variance with the fact
situation as obtained in the said case.
27] The rulings in the cases of Bombay Union ... 10th Labour Court is a shade better than Part-I award made
by the 1st Labour Court.
30] The 1st Labour Court has obviously failed
there is no delay in filing of the complaint and in case the Labour
Court comes to the conclusion that there is any delay ... irrelevant or
extraneous.
23] In the present case, the employee, in his deposition before
the Labour Court has stated that though he was designated
view taken by the Single
Judge.
17. In the instant case as well, the Labour Court concluded that
the findings of the Enquiry Officer ... ratio in cases of
Bharat Forge, K.S.R.T.C. and Permanent Magnet 's case (supra)
shall equally apply to cases wherein
satisfaction that this was so that the enquiry
was closed. The Labour Court noted that in the enquiry proceedings both the
complainant workmen as well ... their Advocate put down their signatures.
Once this was the case, the Labour Court was justified in coming to the
conclusion that the charge
Supreme Court 330 which was a case before the labour
tribunal and in which it was held that evidence had to be strictly
proved when ... strict proof was called for in
the arbitration case before it (exactly as in this case).
The learned Division Bench, therefore, held that
A party
Company, Kanpur
1952 Lab AC 298, the Labour Appellate Tribunal while
dealing with the case of Bhikari who was engaged as a
gardener ... started. The same view was
taken by the Labour Appellate Tribunal in the case of
Upper India Chini Mills Mazdoor Union v. Upper India
Sugar
