would also not enure to the benefit of the
workmen/private respondents. Undoubtedly, Jasmer Singh, workmen had
worked as daily paid worker for the period ... termination of services of Jasmer Singh, workmen was bad for non
compliance of Sections 25-F , 25-G and 25-H of the Act, therefore
decided in favour of the workman whereby the Labour Court though
holding that termination of the workman was bad in law instead of
ordering reinstatement ... reinstatement.
Whereas, learned counsel for the workman submits
that there is categoric averment in the claim petition that workman
was not gainfully employed during
declaration can be given that the termination
of service is bad and the workman continues to be in service.
The spectre of common law doctrine
lost by
termites. The stand in the alternative was that the workman had abandoned
his services. This version has not found favour with the Labour ... declaration can be given that the
termination of service is bad and the workman continues to
be in service. The spectre of common law doctrine
wrong-doing by relieving him of the burden to pay to the workmen
his dues in the form of full back wages. [See para ... declaration can be given that the
termination of service is bad and the workman continues to
be in service. The spectre of common law doctrine
Court has used different expressions
for describing the consequence of terminating a workman's
service/employment/ engagement by way of retrenchment
without complying with ... Court
in the case of a daily wager workman, whose termination has been found to
be bad in law on account of non-compliance
petitioner-University
that notices were sent to the workman to report for duty, but the
workman having not done so, the University vide office order ... petitioner-University in declaring the post of the
workman as vacant was to be held bad in law and finding in
regard thereto returned
Rohtak has come
up impugning the award of the Labour Court. The workmen in all these cases
were working on daily wages, who faced termination ... took up the plea that the reference was
bad in the eyes of law as the workmen had abandoned their duties despite the offer
GHANSHYAM
3117 of 2013 {2}
No.21946 of 2014 filed by the workman against the award dated 1.11.2012
as the common question of law and facts ... submits that since the workman was
appointed on daily wages and, therefore, the award of the Labour Court is
bad in law as it could
unauthorized absence from duty. Labour Court has also held that the
workman had not adduced any evidence to justify his absence from duty for
LUCKY ... bad in law. The finding recorded is in relation to such
order of removal from service in respect of the workman-respondent to be
LUCKY
