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
labour laws is also to protect the multitude labourer. It is in
this view that the Labour Laws clearly define 'unfair labour
practice ... tantamount to ruthless exploitation of its labour. Therefore, it
tantamount to unfair labour practice".
12. In the case of Durgapur Casual Workers Union
victimization, unfair labour practice, etc. on the
part of management. There is no allegation of
unfair labour practice, victimization etc. in this
case. The power ... unfair labour
practice, Labour Court has no power to
interfere with the punishment imposed by the
management. Since Section 11A is not
applicable, Labour Court
Central Government Industrial Labour
Court - cum - Labour Court, Bengaluru ("the learned
Labour Court", for short), whereby the learned Labour
Court has allowed ... Labour
Authorities. Since the conciliation proceedings failed,
the Government referred the industrial dispute to the
7
learned Labour Court. In order to prove its case
hence, it was pleased to direct remission of the
9
case to the Labour Court for consideration. In the case on
hand ... stands disposed of.
Keeping in view the long pendency of the case, the
Labour Court is directed to endeavour to hear and dispose
learned counsel for the petitioners would
submit that the Labour Court has, in the case of the
other two workmen while appreciating the evidence ... strike that was held
on 28.07.1993 and that being the case, the Labour
Court has seriously erred in appreciating the evidence
on record
KALWAD, ADV.)
AND
1. THE DEPUTY COMMISSIONER,
BALLARI
2. THE LABOUR INSPECTOR,
SANDUR CIRCLE,
SANDUR, DIST: BALLARI.
3. THE TAHASILDAR,
SANDUR, TQ: SANDUR,
DIST: BALLARI ... MENTIONED IN THE SHOW CAUSE NOTICES IN
FUTURE PERTAINING TO CHILD LABOUR CASE.
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT
entire action of the management is clear
case of unfair labour practice. The workmen refused to sign
the application form for voluntary retirement scheme ... said finding of fact recorded by the Labour Court is
erroneous since it is not the case of the management that
due to financial problem
have interfered with the orders
passed by the Labour Court.
23. In the present case, the petitioner was appointed
on 28.7.2000 and immediately after coming ... petitioner in the
facts and circumstances of the case.
30. The Labour Court considering the entire material
on record has proceeded to reject the claim
