demand notice has also been
declined by the Assistant Labour Commissioner, Patiala.
Pleaded case of the petitioner is that she was appointed ... exercised by the
Labour-cum-Conciliation Officer. In the present case, the Assistant Labour
Commissioner, Patiala while rejecting the demand notice of the
petitioner/work
Association, Mysore v.
State of Karnataka and another, 1984 Labour and Industrial Cases
1735:-
"I am of the opinion that having regard ... Bijaykumar Khaitan and another v. State of
Maharashtra and others , 1987 Labour Industrial Cases 836, it has been
held as under
applicable in the facts and circumstances of the present case as the Labour Court has come to the conclusion that the workman had only worked ... applicable in the facts and circumstances of the present case.
14. The Labour Court has come to the conclusion that the period spent
inquiry proceedings would not be vitiated. This would vary from case to
case. The delinquent official can assail the inquiry proceedings, if he could
establish ... case at hand, the disciplinary authority after analysing the
evidence on record found that the petitioner is guilty in this case. The
Labour Court also
discretionary powers available with the Labour Court which
require that the Labour Court considers the facts of each
case before passing the order of reinstatement ... automatically. In the facts of the present case the specific
case of the Management before the Labour Court was that
apart from six sanctioned posts
which allows deduction
for charges for labour, services and other prescribed amounts while Rule
9 of the Rules framed thereunder relates to determination of turnover ... incurred under the aforesaid
heads of deduction for labour and services. But there
may be cases where the contractor has not
maintained proper accounts
exact amount of compensation is he entitled? The case of the respondent-workman before the Labour Court was that he had been engaged on muster ... order terminating his services was ever issued. Further case is that the Labour Court did not discuss the details of evidence led by the workman
illegality by reserving the works for the Cooperative Labour and Construction Societies. It is also the case of respondent No. 1 that if the Cooperative ... judgment of Surinder Singh's case (supra) and the order passed in Sunil Kumar's case (supra) and it has been averred that
24th July, 1982. Thus, it is the firm case of the management that the Labour Court was required to determine whether the termination of service ... raised it. The ratio of that case on facts is distinguishable, for, in the instant case, there is no such graded relief. In the second
hearing on February 19, 1991, the Labour Court passed the following order:-
"Case called number of times during ... there was nothing further to be done by the Labour Court and, therefore, the Labour Court was justified in dismissing the reference. It is these
