considered in the case of
Maharashtra State Road Transport case [AIR
2007 SC 2776] that decision in the case of
Umadevi [supra] would ... Prasad case as under:"
32. However, the Court in
Maharashrtra SRTC case also found
that the factual position was different
in the case before
proposition of law was reiterated. In that case,
the Labour Court had not specifically denied the
continuity of service. The Supreme Court
observed that ... laid down by
Honourable Supreme Court in the
case of Gurpreet Singh (supra).
Hence, the case is squarely covered
under the above decisions
proposition of
law was reiterated. In that case, the Labour Court had not
specifically denied the continuity of service. The Supreme
Court observed that ... laid down by
Honourable Supreme Court in the case
of Gurpreet Singh (supra). Hence, the
case is squarely covered under the above
decisions
service.A prima facie case does not mean a
case proved to the hilt but a case which can be
said to be established ... JUDGMENT DATED: 12/04/2024
undefined
28. The Labour Appellate Tribunal in the
instant case discussed the evidence led before
it in meticulous detail
Labour Court was for declaring the
contract to be contrary to Section 10 and prohibit
contract labour.
3.7 Relying on the decision in the case ... Contract Labour (Regulation and Abolition) Act, 1970.
Having found the 8 parameters being satisfied by the
Labour Court, the Labour Court in our opinion
awards
of the Labour Court, Junagadh by which the Labour Court had
passed similar awards in all the Reference Cases directing the
appellant to reinstate ... with and set aside the
findings of the Labour Court. Once such findings of
the Labour Court are held not to be interfered
with, consequently
Further , the above case made reference to the
case of the International Airport Authority of India
case (supra) wherein the expression "control and
supervision ... Bengal
Nagpur Cotton Mills case (supra), the International
Airport Authority of India case (supra) and the
NALCO case (supra)."
5.8 Wage registers produced
proposition of law was reiterated. In that case,
the
Labour Court had not specifically denied the continuity of service.
The
Supreme Court observed that ... laid down by Honourable Supreme Court in
the case
of Gurpreet Singh (supra). Hence, the case is squarely covered
under the
above decisions
therefore there was unfair labour practice is a self-
destructive finding arrived at by the Labour Court. The
Labour Court went into an uncharted arena ... cases of wrongful
termination, reinstatement must follow. This
Court found in those cases that judicial
discretion exercised by the Labour Court was
disturbed
inquiry suffers from one or the
other legal ailment. In that case, the labour Court / Tribunal
shall permit the parties to adduce their respective evidence ... enquiry
suffers from one or the other legal ailment. In
that case, the Labour Court/Tribunal shall permit
the parties to adduce their respective evidence
