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1 - 7 of 7 (0.29 seconds)The Factories Act, 1948
Burmah Shell And Storage And ... vs The Labour Appellate Tribunal Of India, ... on 29 May, 1956
of that of an intelligent and skilled clerk. This decision
was upheld by the Madras High Court in Burmah-Shell Oil
Storage and Distributing Company of India, Ltd., Madras v.
Labour Appellate Tribunal of India and two others(1) when
the decision of the Labour Appellate Tribunal was challenged
by means of a writ. The High Court dismissed the writ
petition and upheld the decision of the Labour Appellate
Tribunal. These two decisions can be of no help., because
the Depot Superintendents, With whom we are concerned, Work
under very different conditions. They are in-charge of
large depots and have, on an average, 5 to 7 employees
working under them. The amount of clerical work don by them
is only a minor part of their duties, while the principal
duty is that of working as Manager of the depot and of
supervise the Work of the subordinate posted there.
South Indian Bank Ltd vs A.R. Chacko on 2 December, 1963
In South Indian Bank Ltd. v. A. R. Chacko (2), the Court
applied a similar test when it held
"We can find no mistake in the approach of the
Labour Court to the question nor can we see
any justification for interfering with its
conclusion on the evidence in the case. All
the relevant documents produced have been duly
considered by the Labour Court in the light of
the oral evidence given; and on such
consideration it has come to the conclusion
that though on paper certain rights and powers
were assigned to him and occasionally he acted
in the place of the Agent when the Agent was
absent, such duties did not form part of his
principal and main duties."
The Industrial Disputes (Amendment) Act, 1996
Bihar Shops & Establishments Act, 1953
Ananda Bazar Patrika (P) Ltd vs Its Workmen on 7 May, 1963
In Ananda Bazar Patrika (Private) Ltd. V. Its Workmen(1),
this Court clearly enunciated the principle by stating.
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