case. Counsel
further relies upon a judgment of a Division Bench of this Court in the case
of Pritam Singh vs. Presiding Officer, Labour Court ... case
of Athmanathaswami Devasthanam 's case, (supra) would be applicable
to the present case and, therefore, the findings returned by the Labour Court
likely to arise in a large number of cases
before the Industrial Tribunals and Labour Courts in the States of Punjab ... case of Andhra Pradesh Power Diploma
Engineers' Association's case (supra). Similar view has been taken by
Calcutta High Court in the case
Courts or the Supreme Court and that too in cases
of award passed by the Labour Court directing reinstatement of any
workman. Since section comes ... wages to workman
pending proceedings in higher courts.-Where in any
case, a Labour Court, Tribunal or National Tribunal
by its award directs reinstatement
dismissal was not justified in the facts and
circumstances of the case. The Labour Court concluded that the severity
of the punishment was not proportionate ... have gone
through the records of the case as well as the impugned award.
The Labour Court has, after going through the pleadings
tendered before the Enquiry Officer. The observation in this
particular case of the Labour Court finding that the enquiry before the
Enquiry Officer was fair ... reference to the punishment alone under Section 11-A . The Labour
Court, in this case, was not examining merely the issue of punishment as
regards
Court on what
was available before the Labour Court and how Labour Court had
examined the case. The Corporation ought to have known what they ... claims of the workmen at all.
9. The Labour Courts have considered the case on
the basis of evidence of witnesses and admissions made through
ascertain whether reference
was made by the Labour Commissioner to the Labour Court, Patiala or to
the Labour Court, Ludhiana. Although the record could ... thereafter that the Labour Court at
Patiala lost jurisdiction which was vested in the Labour Court, Ludhiana. In
the present case, admittedly the reference
done on the
directions of the Labour Court in a different case, when in an
application under Section 33 C(2) there had been orders ... management
itself had directly employed the workmen.
14. In this case, the Labour Court had assumed the character of
the contract agreement with respondent
contentions in other cases dealt with by the Labour
Court. This case is, therefore, delinked from the other cases and heard ... Labour Court has held that he was a
workman and the Labour Court has also found that it was not merely a
case
reinstatement was not possible.
II. The disposition before the Labour Court
2. The case has had a chequered history. The petitioner had been
terminated from ... same order, had raised a dispute before the Labour Court where
the Labour Court had directed reinstatement on a finding that the
retrenchment was against industrial
