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Ouseph Mathai & Ors vs M. Abdul Khadir on 5 November, 2001

23. This Court is having very limited powers and authority in a petition under Articles 226 & 227 of the Constitution of India to interfere with the findings of fact recorded by the Labour Court and/or Tribunal. Recently, the Apex Court has considered the scope of Articles 226 and 227 of the Constitution of India in case of Ouseph Mathai and Ors. v. M. Abdul Khadir . The relevant observations in Paras 4 & 5 are quoted as under:
Supreme Court of India Cites 19 - Cited by 220 - Full Document

Tannery And Footwear Corpn. Of India vs Raj Kumar And Anr. on 14 February, 2001

16 which was the certificate issued by the petitioner itself, and therefore, the Labour Court was right in holding that the workman has completed 240 days' continuous service during last 12 months preceding the date of termination by relying upon the certificate Exh. 16 and in doing so, the Labour Court has not committed any error. In such situation, there is one more judgment of the Apex Court that if the case of the respondent-workman is not rebutted by the employer, then, case of the workman must be believed and if the Labour Court has believed such case of the workman, then, it cannot be said that the Labour Court has committed any error. View to that effect has been taken by the Apex Court in case of Tannery and Footwear Corporation of India v. Raj Kumar and Anr. reported in 2002 AIR SCW 44. Relevant observations made by the Apex Court in Para 3 of the said decision are reproduced as under:
Supreme Court of India Cites 0 - Cited by 6 - Full Document
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