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Section 25F in The Industrial Disputes Act, 1947 [Entire Act]
Rashtrasant Tukdoji Maharaj Technical ... vs Prashant Manikrao Kubitkar on 3 April, 2017
21. The learned Single Judge has dismissed the writ
petition, by holding that the relief, which has been awarded to
the petitioner, is just and proper. The Hon'ble Apex Court in
Rashtrasant Tukdoji Maharaj Technical Education Sanstha,
Nagpur vs. Prashant Manikrao Kubitkar (2018) 12 SCC 294 has
held that where the termination is found to be in violation of
Sections 25-F & 25-D of I.D. Act, reinstatement is not the Rule,
but an exception and ordinarily grant of compensation would
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meet ends of justice. The relevant para 2 of the judgment is
reproduced as under:-
N.R.Agarwal Industries Ltd vs Joint Commissioner Of Income Tax ... on 5 October, 2004
9. 'Certiorari' may lie and is generally granted when a
Court has acted without or in excess of its jurisdiction. The
want of jurisdiction may arise from the nature of the
subject-matter of the proceeding or from the absence of
some preliminary proceeding or the Court itself may not
be legally constituted or suffer from certain disability by
reason of extraneous circumstances(1). When the
jurisdiction of the Court depends upon the existence of
some collateral fact, it is well settled that the Court
cannot by a wrong decision of the fact give it jurisdiction
which it would not otherwise possess. Vide- 'Bunbury vs.
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10
Fuller' (1854) 9 Ex.111 (F);-R. vs. Income Tax Special
Purposes Commissioners', (1889) 21 QBD 313. (G).
Section 25D in The Industrial Disputes Act, 1947 [Entire Act]
T. C. Basappa vs T. Nagappa And Another on 5 May, 1954
20. The scope of issuance of writ of certiorari has
elaborately been discussed by the Hon'ble Supreme Court in
T.C. Basappa versus T. Nagappa and another, AIR 1954 S.C.
440 (Vol. 41, C.N. 106). Relevant paragraphs 7 to 11 of the
judgment are reproduced as under:-
Section 25G in The Industrial Disputes Act, 1947 [Entire Act]
Veerappa Pillai vs Raman & Raman Ltd. And Others on 17 March, 1952
In dealing with the powers of the High Court
under article 226 of the Constitution this Court has
expressed itself in almost similar terms, Vide Veerappa
Pillai v. Ramon & Raman Ltd., AIR 1952 SC 192 at pp. 195-
196(I) and said:
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