Thirumangalam Co. Operative Urban Bank ... vs Assistant Commissioner Of Labour, ... on 6 January, 1992
31. Assessing the order passed by the learned single Judge, in the light of these Rules, it could be patently seen that the learned single Judge has arrived at his conclusions, based on the propositions propounded by this Court in different judgments at different points of time. So far as the first judgment cited by the learned single Judge reported in Thirumangalam Co-operative Urban Bank Ltd. v. Assistant Commissioner of Labour, Madurai (1992)2 L.L.J. 886, is concerned, a learned single Judge of this Court, following the decision of this Court rendered 40 years back in S.U.S. Davey Sons v. Commissioner for Workmen's Compensation (1960)1 L.L.J. 485, has held that the reassessment of the evidence by the Appellate Authority under Section 41(2) of the Act is permissible but reassessment must be on proper basis and the same cannot be whimsical or arbitrary. According to this judgment, it is decided that the reassessment of the evidence by the Appellate Authority under Section 41(2) of the Act is permissible, provided it is on proper basis and only if the same is either whimsical or arbitrary, the reassessment is impermissible.