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1 - 9 of 9 (0.19 seconds)Section 25 in The Industrial Disputes Act, 1947 [Entire Act]
Govt. Of Nct Of Delhi & Ors. vs Mithilesh Swami on 8 April, 2013
20. These relevant considerations to be kept in mind while exercising
the discretion to pay or deny back wages were highlighted by this Court
in the decision reported as 2014 (3) SCT 581 (Delhi) Govt. of NCT of
Delhi & Ors. Vs. Mithilesh Swami: where it was held as under:-
Section 17 in The Industrial Disputes Act, 1947 [Entire Act]
Section 25F in The Industrial Disputes Act, 1947 [Entire Act]
The Buckingham And Carnatic Co. Ltd vs Venkatiah And Anr on 2 August, 1963
(ii) As regards the second issue, placing reliance upon the decision
reported as AIR 1964 SC 1272 Buckingham & Carnatic Co Vs.
Venkatiah. , it was held that Ram Shekhar Jha had no intention to
abandon the job. Since his services had been illegally terminated, the
provisions of Section 2(A) of the Act are applicable.
Section 25G in The Industrial Disputes Act, 1947 [Entire Act]
Hindustan Tin Works Pvt. Ltd vs Empkoyees Of Hindustan Tin Works Pvt. ... on 7 September, 1978
19. On the issue of grant of back wages when termination was found to
be contrary to law, in the decision reported as (1979) 2 SCC 80
Hindustan Tin Works Private Limited v/s Employees of Hindustan Tin
Works Private Limited it was observed that there cannot be a strait-jacket
formula for the grant of back wages. Full back wages would be the
normal rule and the party objecting to it must establish the circumstances
necessitating departure. More or less, it depends upon the discretion of
the Court/Tribunal keeping in mind the relevant considerations. Such
discretion must be exercised in judicial and judicious manner for cogent
and convincing reasons and not arbitrarily.
Management Of Cuttack Motor ... vs Administrative Staff Of Cuttack Motor ... on 13 January, 1975
(i) As regards the first issue it was held that the employer has a
special status and whether a legal entity or not, if he is an employer, he
can sue and be sued in regard to the statutory provisions under the Act.
Reliance was placed by the Labour Court on the decision reported as
(1975) 2 LLJ 265 Management of Cuttak - Motor Association Vs.
Administrative Staff of Cuttack Motor Association & Ors. The Labour
Court held that whether Delhi University Sports Council has a legal
status or entity or not was irrelevant. It was concluded that since Ram
Shekhar Jha was employed by the Delhi University Sports Council, the
reference was maintainable. To put it pithily, the Sport Council was
nothing but the alter ego of the university.
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