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Vinay Kumar Gaur Son Of Sri Harbir Singh ... vs The Presiding Officer, Labour Court ... on 20 November, 2007 cites

U.P. State Electricity Board Through ... vs Sri Brahm Singh S/O Sri Lattar Singh And ... on 17 February, 2006

25. As regards the maintainability of the application for setting aside the ex-parte Award even after publication of the Award in Gazette is concerned, suffice it to say that there is no quarrel with the statement of the workman by learned Counsel for the employers. However, the Apex Court upheld the law laid down by this Court in U.P. Avas Evam Vikas Parishad (Supra) which was followed in U.P. State Electricity Board (Supra), wherein the Court has considered the question of application for restoration after publication of the Award and has construed the provisions of the Central as well as State Act harmoniously.
Allahabad High Court Cites 6 - Cited by 6 - B Sapru - Full Document

Range Forest Officer vs S.T. Hadimani on 15 February, 2002

24. The decisions relied upon by Sri S.S. Nigam rendered in Range Forest Officer v. S.T. Hadimani ; Municipal Corporation, Faridabad v. Siri Niwas ; Essen Deinki v. Rajiv Kumar ; and M.P. Electricity Board v. Hari Ram etc. are not applicable to the facts and circumstances of the case as in the instant case the workman has filed his written statement and also entered into witness box for proving his case that he had continuously worked for 240 days' service, therefore, he has discharged his burden of proof and the onus has shifted on the employers.
Supreme Court of India Cites 0 - Cited by 1118 - Full Document

Municipal Corporation, Faridabad vs Siri Niwas on 6 September, 2004

24. The decisions relied upon by Sri S.S. Nigam rendered in Range Forest Officer v. S.T. Hadimani ; Municipal Corporation, Faridabad v. Siri Niwas ; Essen Deinki v. Rajiv Kumar ; and M.P. Electricity Board v. Hari Ram etc. are not applicable to the facts and circumstances of the case as in the instant case the workman has filed his written statement and also entered into witness box for proving his case that he had continuously worked for 240 days' service, therefore, he has discharged his burden of proof and the onus has shifted on the employers.
Supreme Court of India Cites 9 - Cited by 410 - S B Sinha - Full Document

M/S Essen Deinki vs Rajiv Kumar on 29 October, 2002

24. The decisions relied upon by Sri S.S. Nigam rendered in Range Forest Officer v. S.T. Hadimani ; Municipal Corporation, Faridabad v. Siri Niwas ; Essen Deinki v. Rajiv Kumar ; and M.P. Electricity Board v. Hari Ram etc. are not applicable to the facts and circumstances of the case as in the instant case the workman has filed his written statement and also entered into witness box for proving his case that he had continuously worked for 240 days' service, therefore, he has discharged his burden of proof and the onus has shifted on the employers.
Supreme Court of India Cites 8 - Cited by 230 - U C Banerjee - Full Document

Grindlays Bank Ltd vs Central Government Industrial ... on 12 December, 1980

Reference may be made to cases of Grindlays Bank Ltd. v. Central Government Industrial Tribunal and Ors. (supra) and Sanghavi Tape Co. v. Hans Raj (supra). Thus if the application for setting aside the ex parte award is not filed within 10 days, it can be filed with application under Section 5 of the Limitation Act up to 30 days of publication of the award. The Labour Court has no jurisdiction to entertain such application after 30 days of publication of ex parte award.
Supreme Court of India Cites 10 - Cited by 558 - A P Sen - Full Document

M/S Sangham Tape Company vs Hans Raj on 27 September, 2004

Reference may be made to cases of Grindlays Bank Ltd. v. Central Government Industrial Tribunal and Ors. (supra) and Sanghavi Tape Co. v. Hans Raj (supra). Thus if the application for setting aside the ex parte award is not filed within 10 days, it can be filed with application under Section 5 of the Limitation Act up to 30 days of publication of the award. The Labour Court has no jurisdiction to entertain such application after 30 days of publication of ex parte award.
Supreme Court of India Cites 12 - Cited by 153 - S B Sinha - Full Document

Punjab State Electricity Board And Ors. vs Ram Piari And Ors. on 3 November, 1989

24. The decisions relied upon by Sri S.S. Nigam rendered in Range Forest Officer v. S.T. Hadimani ; Municipal Corporation, Faridabad v. Siri Niwas ; Essen Deinki v. Rajiv Kumar ; and M.P. Electricity Board v. Hari Ram etc. are not applicable to the facts and circumstances of the case as in the instant case the workman has filed his written statement and also entered into witness box for proving his case that he had continuously worked for 240 days' service, therefore, he has discharged his burden of proof and the onus has shifted on the employers.
Punjab-Haryana High Court Cites 1 - Cited by 5 - Full Document

Haryana State Elctronics Development ... vs Mamni on 2 May, 2006

The employers did not appear before the Labour Court even at the time of arguments nor filed any application for setting aside the ex-parte proceedings though they had full knowledge that the proceedings before the Labour Court were going on. In the circumstances, the law laid down by the Apex Court in Anil Sood (Supra) as well as in Divisional Forest Officer (Supra) and Haryana State Electronics Development Corporation (Supra) do not apply to the facts of this case.
Supreme Court of India Cites 13 - Cited by 170 - S B Sinha - Full Document

Anil Sood vs Presiding Officer, Labour Court Ii on 1 December, 2000

The employers did not appear before the Labour Court even at the time of arguments nor filed any application for setting aside the ex-parte proceedings though they had full knowledge that the proceedings before the Labour Court were going on. In the circumstances, the law laid down by the Apex Court in Anil Sood (Supra) as well as in Divisional Forest Officer (Supra) and Haryana State Electronics Development Corporation (Supra) do not apply to the facts of this case.
Supreme Court of India Cites 3 - Cited by 90 - Full Document
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