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Rajasthan State Road Transport Corpn. & ... vs Zakir Hussain on 22 August, 2005

The learned member of the Industrial Court is therefore in error in holding that the entitlement of petitioners i.e., Complainants before it was completely adjudicated and only simple calculations were to be performed. It also overlooked the fact that the benefits of award can be declined to even a permanent or regularized workman or there may be complaints of incomplete or wrong implementation and victim has to invoke jurisdiction under Section 28 r/w item 9 of Schedule IV of MRTU Act. He can not seek declaration & direction under Section 50 in that respect. Observations of the Hon'ble Apex Court in Rajasthan State Road Transport Corp. vs. Zakir Hussain (supra) to buttress the contention that when Act creates an obligation and enforces the performance in a specified manner, said performance can not be enforced in any other manner is therefore is not relevant here. Hon'ble Apex Court has made those observations while holding that a civil suit challenging termination by a daily wage conductor was not tenable because of Industrial ::: Downloaded on - 09/06/2013 15:42:40 ::: 26 Disputes Act.
Supreme Court of India Cites 42 - Cited by 137 - A R Lakshmanan - Full Document
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