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1 - 10 of 10 (0.83 seconds)Article 227 in Constitution of India [Constitution]
Hindustan Steel Ltd vs The Presiding Officer, Labour Court, ... on 15 September, 1976
[1] STATE BANK OF INDIA v. SUNDARMANI reported in 1976 [1] LLJ pg.478,
[2] HINDUSTAN STEEL V. LABOUR COURT reported in 1977 LLJ pg.13
[3] D.K.YADV V. JMA INDUSTRIES LTD reported in 1993 [2] CLR 116
[4] DELHI AND GENERAL MILLS LTD. V. SHAMBHUNATH MUKHARJI reported in 1978 [1] SCR 591.
Article 21 in Constitution of India [Constitution]
The Industrial Disputes Act, 1947
The Punjab Land Development And ... vs Presiding Officer, Labour Court, U.T. ... on 28 September, 2000
11. The definition of retrenchment given under Section 2[oo] of the I.D.Act, 1947 has been considered by the Apex Court in various decisions since 1952. The Apex Court had an occasion to consider earlier almost all the relevant judgments including the judgment of Constitution Bench in case of PANJAB LAND DEVELOPMENT AND RECLAMATION CORPORATION LIMITED, CHANDIGADH V. PRESIDING OFFICER, LABOUR COURT, CHANDIGADH AND OTHERS AND ALLIED OTHER MATERS reported in JT 1990 [2] SC 489. The Apex Court has examined the question by Larger Bench constituted with Hon'ble Five Judges that Section 2[oo] "retrenchment" definition and interpretation thereof, whether definition of retrenchment means termination by the employer of the service of a workman as surplus labour for any reason whatsoever or it means termination by the employer of the service of a workman for any reason whatsoever, otherwise than a punishment inflicted by way of disciplinary action, and those expressly excluded by the definition ? Whether the word "retrenchment" in the definition has to be understood in it narrow, natural and contextual meaning or in its wider literal meaning. The Apex Court held that "retrenchment" means the termination by the employer of the service of a workman for any reason whatsoever except those expressly excluded in the Section.
The Probation of Offenders Act, 1958
Management Of Karnataka State Road ... vs M. Boraiah & Ors on 1 November, 1983
In the said decision, the Apex Court has affirmed the decision of the Apex Court in case of MANAGEMENT OF KARNATAKA STATE ROAD TRANSPORT CORPORATION, BANGLORE v. M.BORAIA reported in 1984 [1] SCC 244, SANTOSH GUPTA V. STATE BANK OF INDIA reported in 1980 [3] SCR 884, decision in case of STATE BANK OF INDIA v. SUNDARMANI reported in 1976 [1] LLJ pg.478, and HINDUSTAN STEEL V. LABOUR COURT reported in 1977 LLJ pg.13 but some of the decisions have been overruled by the Larger Bench of the Apex Court. The relevant observations made by the Apex Court in para-80, 81 and 82 are referred below :
L. Robert D'Souza vs The Executive Engineer Southern ... on 16 February, 1982
[5] ROBERT D'SOZA V. EXECUTIVE ENGINEER SOUTHEREN RAILWAY reported in 1982 SCC pg.645
[6] H.D.SINGH V. RESERVE BANK OF INDIA reported in 1985 [4] pg.201.
H.D. Singh vs Reserve Bank Of India & Ors on 10 September, 1985
[5] ROBERT D'SOZA V. EXECUTIVE ENGINEER SOUTHEREN RAILWAY reported in 1982 SCC pg.645
[6] H.D.SINGH V. RESERVE BANK OF INDIA reported in 1985 [4] pg.201.
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