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1 - 10 of 13 (0.33 seconds)The Industrial Disputes Act, 1947
Section 10 in The Industrial Disputes Act, 1947 [Entire Act]
Tapash Kumar Paul vs Bsnl & Anr on 28 January, 2014
In the present case, the claimant had worked with
the management no.2 for more than 10 months before his illegal
termination on 15.11.2018, as such, this court is of the considered
view that the case of the claimant does not fall in any of the
categories as mentioned by Hon'ble Supreme Court in the case of
Tapash Kumar Paul Vs BSNL & Anr,(Supra) and therefore, in the
present case claimant is entitled to be reinstated in services.
Article 226 in Constitution of India [Constitution]
The Contract Labour (Regulation and Abolition) Act, 1970
Section 23 in The Industrial Disputes Act, 1947 [Entire Act]
Section 33 in The Industrial Disputes Act, 1947 [Entire Act]
Article 136 in Constitution of India [Constitution]
Deepali Gundu Surwase vs Kranti Junior Adhyapak & Ors on 12 August, 2013
was employed on lesser wages. As observed in Deepali Gundu
(supra), in cases where the Competent Court or Tribunal finds
that employer has acted in gross violation of statutory
provisions and/or Principles of Natural Justice, etc. then it shall
be fully justified in directing payment of full back wages and in
such cases, Superior Courts should not exercise powers under
Article 226 or Article 136 of the Constitution of India and
interfere with the Award, only because there is possibility of
forming a different opinion. Hon'ble Supreme Court has also
struck a note of caution that Courts must always keep in view
that in cases of wrongful termination, wrongdoer is the
employer and sufferer is the employee/workman and thee is
thus no justification to give a premium to the employer for their
wrongdoing by relieving them of the burden to pay back
wages."