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1 - 10 of 26 (0.32 seconds)Section 25G in The Industrial Disputes Act, 1947 [Entire Act]
Section 25H in The Industrial Disputes Act, 1947 [Entire Act]
The Industrial Disputes Act, 1947
Article 14 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Syed Yakoob vs K.S. Radhakrishnan & Others on 7 October, 1963
In Syed Yakoob's case, this Court
delineated the scope of the writ of certiorari in the following
words:
Madhya Pradesh Administration vs Tribhuban on 5 April, 2007
11. Learned State counsel has further argued that the compensation
in lieu of reinstatement would meet the ends of justice. He has further
made a reference to the case law titled as Madhya Pradesh Administration
v. Tribhuban, 2007(9) SCC 748, wherein it has been held that at one point
of time reinstatement with full back wages used to be automatically granted
but there is a change in the said trend found in recent decisions of the
Hon'ble Supreme Court. He has further argued that the appellant/workman
is not entitled to back wages in the absence of any evidence to show that the
appellant/workman was not employed during the interregnum period of
about 25 years.
Nagendra Nath Bora & Another vs The Commissioner Of Hills Divisionand ... on 7 February, 1958
Similarly, if a finding of fact is based on no evidence,
that would be regarded as an error of law which can be
corrected by a writ of certiorari. In dealing with this
category of cases, however, we must always bear in mind
that a finding of fact recorded by the Tribunal cannot be
challenged in proceedings for a writ of certiorari on the
ground that the relevant and material evidence adduced
before the Tribunal was insufficient or inadequate to
sustain the impugned finding. The adequacy or
sufficiency of evidence led on a point and the inference
of fact to be drawn from the said finding are within the
exclusive jurisdiction of the Tribunal, and the said points
cannot be agitated before a writ Court. It is within these
limits that the jurisdiction conferred on the High Courts
under Article 226 to issue a writ of certiorari can be
legitimately exercised (vide Hari Vishnu Kamath v. Syed
Ahmad Ishaque 1955 (1) SCR 1104, Nagandra Nath Bora
v. Commissioner of Hills Division and Appeals Assam
1958 SCR 1240 and Kaushalya Devi v. Bachittar Singh
AIR 1960 SC 1168).
Kaushalya Devi And Ors. vs Bachittar Singh And Ors. on 8 April, 1959
Similarly, if a finding of fact is based on no evidence,
that would be regarded as an error of law which can be
corrected by a writ of certiorari. In dealing with this
category of cases, however, we must always bear in mind
that a finding of fact recorded by the Tribunal cannot be
challenged in proceedings for a writ of certiorari on the
ground that the relevant and material evidence adduced
before the Tribunal was insufficient or inadequate to
sustain the impugned finding. The adequacy or
sufficiency of evidence led on a point and the inference
of fact to be drawn from the said finding are within the
exclusive jurisdiction of the Tribunal, and the said points
cannot be agitated before a writ Court. It is within these
limits that the jurisdiction conferred on the High Courts
under Article 226 to issue a writ of certiorari can be
legitimately exercised (vide Hari Vishnu Kamath v. Syed
Ahmad Ishaque 1955 (1) SCR 1104, Nagandra Nath Bora
v. Commissioner of Hills Division and Appeals Assam
1958 SCR 1240 and Kaushalya Devi v. Bachittar Singh
AIR 1960 SC 1168).