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1 - 9 of 9 (0.33 seconds)The Management Of M/S. Indian Iron & ... vs Prahlad Singh on 3 November, 2000
In Management of Indian Iron & Steel Company Ltd. Vs.
Prahlad Singh (2000) 2 LLJ 1653 (SC), the Supreme Court
observed that the Tribunal was right in not granting any relief to the
workman as he preferred the claim almost after a period of 13
years without any reasonable or justifiable ground.
Balbir Singh vs Punjab Roadways & Anr. on 8 December, 2000
In Balbir Singh Vs. Punjab Roadways (2001) 2 LLN 118,
119 (SC), where counsel for petitioner strongly relied on Ajaib
Singh (Supra) in favour of condoning the delay and granting relief
to the workman, the Supreme Court, rejecting the said contention,
observed:
Himanshu Kumar Vidyarthi & Ors vs State Of Bihar & Ors on 26 March, 1997
The relevant portion of this judgment of the
Supreme Court in Himanshu Kumar Vidyarthi's case (supra) is
extracted below:
Executive Engineer Zp Engg. Divn. & Anr vs Digambara Rao Etc. Etc on 27 September, 2004
13. A similar view was taken by the Division Bench of this Court in
an order dated 18.09.2007 passed in WP(C) No. 6898/2002. A copy
of the said order of the Division Bench has been made available to
the Court by Mr. Ankur Chibber, learned counsel appearing on
behalf of the respondent, and the same has been perused by the
Court. The Division Bench of this Court in its order dated
W.P.(C) No.1113/2007 Page 7 of 8
18.09.2007 relying upon the judgment of the Hon'ble Supreme
Court in Executive Engineer, SP Engg. Div. & Anr. Vs.
Digambara Rao & Ors. (2004) 8 SCC 262; A. Umarani Vs.
Registrar Cooperative Societies (2004) 7 SCC 112 and
Pankaj Gupta Vs. State of J&K (2004) 8 SCC 353 held that
merely because casual workers had worked for 240 days in one
calender year, they would not be entitled for regularisation on point
of temporary status.
A. Umarani vs Registrar, Cooperative Societies And ... on 28 July, 2004
13. A similar view was taken by the Division Bench of this Court in
an order dated 18.09.2007 passed in WP(C) No. 6898/2002. A copy
of the said order of the Division Bench has been made available to
the Court by Mr. Ankur Chibber, learned counsel appearing on
behalf of the respondent, and the same has been perused by the
Court. The Division Bench of this Court in its order dated
W.P.(C) No.1113/2007 Page 7 of 8
18.09.2007 relying upon the judgment of the Hon'ble Supreme
Court in Executive Engineer, SP Engg. Div. & Anr. Vs.
Digambara Rao & Ors. (2004) 8 SCC 262; A. Umarani Vs.
Registrar Cooperative Societies (2004) 7 SCC 112 and
Pankaj Gupta Vs. State of J&K (2004) 8 SCC 353 held that
merely because casual workers had worked for 240 days in one
calender year, they would not be entitled for regularisation on point
of temporary status.
Article 226 in Constitution of India [Constitution]
Ajaib Singh vs Sirhind Coop. ... on 8 April, 1999
"We have carefully considered the contentions raised
by the learned counsel for the petitioner. We have
also perused the aforementioned decision. We do not
find that any general principle, as contended by the
W.P.(C) No.1113/2007 Page 5 of 8
learned counsel for the petitioner, had been laid down
in that decision. The decision was rendered in the
facts and circumstances of the case, particularly, the
fact that the plea of delay was not taken by the
management in the proceeding before the tribunal. In
the case on hand, the plea of delay was raised and
was accepted by the tribunal. Therefore, the decision
cited is of little help in the present case. Whether
relief to the workman should be denied on the ground
of delay or it should be appropriately moulded is at the
discretion of the tribunal depending upon the facts and
circumstances of the case. No doubt the discretion is
to be exercised judicially. The High Court, on
consideration of the matter, held that there was no
ground to interfere with the discretion exercised by
the tribunal. We are not satisfied that the award of
the tribunal declining relief to the petitioner, which
was confirmed by the High Court, suffered from any
serious illegality which warrants interference by this
Court. Accordingly, the special leave petition is
dismissed."
The Industrial Disputes Act, 1947
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