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1 - 5 of 5 (0.29 seconds)Section 161 in The Indian Penal Code, 1860 [Entire Act]
Punjab Beverages Pvt. Ltd., Chandigarh vs Suresh Chand And Anr on 21 February, 1978
In Punjab Beverages P. Ltd. Chandigarh v. Suresh Chand and Anr. this Court held that the order of dismissal made by the appellant in that case in contravention of Section 33(2)(b) of the Industrial Disputes Act did not render the order void and inoperative, yet this Court did not set aside the order of the lower court directing payment of wages under Section 33(c)(2) and affirmed that part of the order. While recording this conclusion this Court observed that in exercise of the extraordinary jurisdiction this Court was not bound to set aside every order found not in conformity or in consonance with the law unless the justice of the case so requires. The Court further observed that demands of 35 social justice are paramount while dealing with the industrial disputes and, therefore, even though the lower court was not right in allowing the application of the respondent, the Court declined to exercise its overriding jurisdiction under Article 136 to set aside the Order of the labour Court directing the appellant to pay certain amount to the workers.
State Of Madhya Pradesh vs Ram Ratan on 9 May, 1980
Following this trend in State of Madhya Pradesh v. Ram Ratan (1980) Suppl. S.C.C. 198 this Court while holding that the High Court was in error in directing reinstatement of the respondent in service, took note of the fact that by passage of time the respondent superannuated. The Court paid him back wages till the day of superannuation in the round sum of Rs. 10,000. In other words, while formally setting aside the order of the High Court directing reinstatement, treated the respondent in that case in service and paid him back wages because physical reinstatement on account of passage of time was not possible. From the academic's point of view the later decision is the subject matter of adverse comment but we feel reasonably certain that it stems from narrow constricted view of the jurisdiction of this Court under Article 136. We adhere to our view after meticulously examining the learned comment. Having noted that criticism, we still adhere to the view that legal formulations cannot be enforced divorced from the realities of the fact situation of the case. While administering law it is to be tempered with equity and if the equitable situation demands after setting right the legal formulations not to take it to the logical end, this Court would be failing in its duty if it does not notice equitable considerations and mould the final order in exercise of its extra-ordinary jurisdiction. Any other approach would render this Court a normal court of appeal which it is not.
Section 33 in The Industrial Disputes Act, 1947 [Entire Act]
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