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Rama Kant Dwivedi vs Presiding Officer, Industrial ... on 23 April, 2004

29. As held by the Hon'ble Supreme Court in the case of the Calcutta Electric Supply Corporation Ltd., Pottery Mazdoor Panchayat and M/s. Firestone Tyre and Rubber Co. (supra), the labour court cannot travel beyond the scope of reference. The question still is as to whether in the present case the Industrial Tribunal has exceeded its jurisdiction or has travelled beyond the scope of the reference or not. Before the Industrial Tribunal the question was as to whether the termination of the petitioner's services with effect from 13th May, 1995, was justified and legal or not. The Industrial Tribunal has on the material and evidence on record, found that the refusal to extend the period of training cannot be termed as illegal retrenchment. The Industrial Tribunal had further recorded a categorical finding that the extension was being granted on the request of the petitioner and if in holding that the retrenchment cannot be said to be illegal, the Industrial Tribunal had made certain observations that the employers cannot be directed to create a post or keep a person unless they require such a person, cannot be said to mean that the Industrial Tribunal has exceeded its jurisdiction or gone beyond the scope of the reference.
Allahabad High Court Cites 22 - Cited by 2 - R K Agrawal - Full Document

U.P. State Sugar Corporation Ltd. vs Presiding Officer, Labour Court And ... on 17 May, 2000

In support of such contention learned counsel for the workman relied on law decided in the cases of Workmen of American Express International Bank Corporation v. Management of American Express 1998-II-LLJ-539 (SC), Shambu Nath Goyal v. Bank of Baroda and Ors., 1983-II-LLJ-415 (SC), Shailendra Nath Shukla and Ors. v. The Vice Chancellor, Allahabad University and Ors., 1997-I-LLJ-621 (Ker), Karuna Shankar Tripathy and Ors. v. State of U. P. and Ors., 1995-III-LLJ (Suppl)-60 (All), H.B. Vinobha v. The Managing Director, Hindustan Photo Films and Ors., 1999-III-LLJ (Suppl)-60 (Mad), Reptakos Brett & Co. v. The Labour Court (Vth), Kanpur and Ors. 1999-III-LLJ (Suppl)-1016 (All) and Executive Engineer v. Madhukar Purushottam and Ors., 1998 (79) FLR 850.
Allahabad High Court Cites 10 - Cited by 0 - Full Document
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