case where no interference should have been made. In every case of dismissal and termination of service of workman, there may be a case ... this case. Each case has to be decided on its own facts. In the facts of this case none of the case relied upon
dismissal was not justified in the facts and circumstances of the case. The Labour Court is clothed with the jurisdiction to scrutinise as to whether ... what would be the appropriate punishment in every case including in cases where it concurs with the findings arrived at by the disciplinary authority
which the contract labour has been abolished. But in 142 jobs the contract labour is being continued and the contract labourers, who might have ceased ... cannot engaged contract labour. Further existing contract labour would become direct employees of the Principal employer - Air India Statutory Corporation case (supra
present case.
15. Mr. B.N. Singh then relies on a decision in the case of Elgin Mills Company Ltd. v. Labour Court ... case on this point. It was a case where the workmen employed by an oil refinery demanded that the contract system of labour adopted
question involved was identical as in the present case, held that the decision of Labour Court insisting ... employer to lead evidence first was not proper. In that case Labour Court held that in view of the phraseology employed by the State Government
called for by any future employer of the
probationer. In such a case, the order of
termination would stand vitiated on the ground that ... Andel & others [1995
Suppl. (4) SCC 609] and a labour case Oswal
Pressure Die Carting Industry vs. Presiding
Officer
appropriate Government is satisfied that there is 9 case for reference to a
Board, Labour Court, Tribunal or National Tribunal, it may make such
reference ... labour enters into
a settlement in the best interests of labour. This would be the normal
rule. There may be exceptional cases where there
seeking reference of industrial disputes
to the labour court. This Court, in no case, has so far held that either
Article J37 of the Limitation ... limitation in such cases." However, it went on further to say that
"reasonable time in the cases of labour for demand of reference
case (supra),
this court has, as a matter of fact taken note of
more or less the entire catena of cases pertaining to
contract labour ... down
therein. However, on the facts of the present case, it was
found by the Labour Court and as confirmed by the High Court
that
moulded and curtailed in the facts and circumstances of the case. In the instant case, as noticed above, this Court in the judgment passed ... account of his trade union activities or any unfair labour practice, the Labour Court could not arrogate to itself the promotional function. In this connection
