Labour Court.
6. The learned counsel for the petitioner contends that the Labour Court has passed an interim order in this case which cannot ... upon the facts and circumstances of each case. The case before me is a case where the Labour Court has come to the conclusion that
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. Section 10 deals with prohibition of employment of contract labour. Section 10 has under gone several judicial scrutiny in terms of the several case ... also necessary to refer to AIR 1998 KAR 1897 (earlier contract labour case). This Court has noticed the scope of judicial review. In para
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
admitted that the labour under the contract labour
system were getting minimum wages, whereas under No
Work No Pay system, the labour were given ... minimum
wages to the labour engaged through the
contractors under the shield of a Labour
Contract and thereby deprive the labour who
are doing
getting
the same or substantially similar emoluments.
iv) The cases in which the Labour Court/Industrial
Tribunal exercises power under Section ... same as those applied in the cases of
an illegal termination.
In this case, the Labour Court found that a charge
against the employee
industries can be issued. In the present case the Government issued a notification abolishing contract labour from canteens, in establishments employing 250 or more workers ... contract labour lends itself to various abuses. It was to abolish contract labour progressively wherever practicable and possible and in cases where this system could
adjudication under S. 10 of the Act. In each of the case, the Labour Court held that the discharge of the concerned employee was invalid ... cover the case of a probationer. Their submissions are : In the case of Mohanlal (supra), there was a finding recorded by the Labour Court
delay in adjudication of this case as well as to save delay in other cases pending before the Labour Court.
13. Before concluding ... case in which the domestic enquiry is held valid. It was submitted that in both the cases, the Industrial Tribunal or the Labour Court
Labour Court is raised, it is necessary for the Tribunal or the Labour Court to decide the same. A similar question arose in the case ... case. Therefore, the proposition laid down in Express Newspaper's case read with the decision in Maheshwari 's case, it emerges that
