Electricity Board
case (7 supra), for Gujrat Electricity Board case envisages
examination of these issues in a dispute raised by contract labour ... relief of absorption of contract labour
with the abolition of contract labour in view of Air India case (1
supra) is no more available. Secondly
case was concerned,
the Magistrate, by his order dated 24.11.1992,
acquitted the respondents from the charge.
8. As regards the cases before the Labour Court ... what extent. Having
observed this, the writ Court remanded the cases to
Labour Court to decide the cases afresh on merits.
This is what
case of Management of
TNSRTC Vs M. Chandrashekaran . The Hon'ble Apex Court
in the said case was dealing with a case of disciplinary ... facie case for termination was made out.
"23. We have, therefore, got to
consider whether in the instant case a prima
facie case
Labour Court and the Labour
Court shall determine the amount after
considering the report of the commissioner
and other circumstances of the case ... important and binding on the Labour
Court and it was noticed by the Labour Court also, but
somehow the Labour Court by-passing these binding
11252/2002 JUDGMENT
passed by the learned Labour Court at Bhavnagar in two
separate reference cases.
2. In view of joint request by learned advocates ... pleadings by the contesting parties in both
reference cases were completed the learned Labour Court,
Page 8
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11252/2002 JUDGMENT
passed by the learned Labour Court at Bhavnagar in two
separate reference cases.
2. In view of joint request by learned advocates ... pleadings by the contesting parties in both
reference cases were completed the learned Labour Court,
Page 8
HC-NIC Page 10 of 57 Created
Having returned the above findings on Issue No.(ii), the Labour
Court directed the case to be listed on 12th December, 2002, for
evidence ... 2004 and 6687/2004 Page 31 of 41
38.4 The cases in which the Labour Court/Industrial
Tribunal exercises power under Section
before the Apex Court in
the above case were grave, it was a case where
both the Labour Court and the High Court had
agreed ... facts of the instant case.
16. In the case of Gopal Shukla and Anr. (supra)
it was a case of an employee, who was working
Rules' respectively).
2. The opposite party No. 2 in this case, Labour Inspector, filed a
complaint, being CR Case No. 33C/2015, before ... Rules.
23. The opposite party No. 2 in this case, Labour Inspector, filed a
complaint, being CR Case No. 37C/2015, before the Court
before the learned Labour
Court) has challenged separate but similar awards
passed by the learned Labour Court in separate
reference cases whereby the learned Labour ... case further.
The facts in present case are altogether
different from the factual background considered
by Hon'ble Apex Court in case of Himanshu
