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1 - 10 of 13 (0.23 seconds)The Industrial Disputes Act, 1947
Ceat Ltd vs Murphy India Employees Union on 25 April, 2006
''9.We are of the view that the ailment suffered by the
employee cannot be termed as ''defect'' rendering him
unfit for absorption under Clause 3 of the Settlement
dated July 8, 1978. The intention of the parties to the
settlement has to be gathered by the words used by the
parties to the settlement. In doing so, the parties must
be presumed to have used the word in its strict and
academical sense. Having regard to the context in
which it was used, even if there is any ambiguity, it is
the duty of the Court to look at all parts of the
settlement to ascertain what was really intended by the
parties. In this context, the word ''defect'' in the
https://www.mhc.tn.gov.in/judis
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W.P.Nos.8685 and 8275/2018
settlement has to be construed not technically, but
liberally so as to advance the right to livelihood. When
an employee was disabled by a disease to perform the
duties of his post, the employer should make all attempts
to see the final result and make allowances to get
treatment since it promotes reasonableness in
employment, otherwise, it amounts to taking away the
employment construing in a technical sense in a manner
not reasonable, fair and just.''
and [b] the decision reported in 2006 [9] SCC 478 in the matter of CEAT
Limited Vs. Murphy India Employees Union, where he relies on the
following paragraphs:-
Section 12 in The Industrial Disputes Act, 1947 [Entire Act]
Section 18 in The Industrial Disputes Act, 1947 [Entire Act]
The Apprentices Act, 1961
Workman, Represented By The General ... vs General Manager, India Cements Limited ... on 7 August, 1998
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W.P.Nos.8685 and 8275/2018
(49)As has been rightly pointed out by the learned counsel for the
petitioners, we must see the situation or the necessity which triggered the
parties to go for a 18[1] Settlement under the Industrial Disputes Act.
(50)In this context, the learned counsel for the petitioners relied upon two
decisions as referred to above, i.e., [a] the decision reported in 1999 [2]
LLJ 1 in the matter of Workman rep.by the General Secretary, India
Cements Employees' Union, Sankari West Vs. General Manager, India
Cements Limited, Sankari West and Another, where he relies on the
following paragraph:-