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Maharashtra State Road Trans.Corp. ... vs Casteribe Rajya P. Karmchari ... on 28 August, 2009

5.3.1 The decisions in Maharashtra SRTC vs. Casteribe Rajya P. Karmchari Sanghatana [(2009) 8 SCC 556] and U.P.Power Corporation Ltd. vs. Bijli Mazdoor Sangh and Others [(2007) 5 SCC 755] were considered by the court in Hari Nandan Prasad (supra). Upon harmonised reading of these two decisions, it was stated that even Page 7 of 12 Downloaded on : Fri Nov 10 20:55:05 IST 2023 NEUTRAL CITATION C/LPA/1398/2022 ORDER DATED: 08/11/2023 undefined where the posts are available, in absence of any unfair labour practice, the Labour Court cannot give direction for regularisation only on the ground of long service rendered by daily rated workman.
Supreme Court of India Cites 50 - Cited by 720 - R M Lodha - Full Document

U.P. Power Corporation Ltd. & Anr vs Bijli Mazdoor Sangh & Ors on 17 April, 2007

5.3.1 The decisions in Maharashtra SRTC vs. Casteribe Rajya P. Karmchari Sanghatana [(2009) 8 SCC 556] and U.P.Power Corporation Ltd. vs. Bijli Mazdoor Sangh and Others [(2007) 5 SCC 755] were considered by the court in Hari Nandan Prasad (supra). Upon harmonised reading of these two decisions, it was stated that even Page 7 of 12 Downloaded on : Fri Nov 10 20:55:05 IST 2023 NEUTRAL CITATION C/LPA/1398/2022 ORDER DATED: 08/11/2023 undefined where the posts are available, in absence of any unfair labour practice, the Labour Court cannot give direction for regularisation only on the ground of long service rendered by daily rated workman.
Supreme Court of India Cites 4 - Cited by 120 - A Pasayat - Full Document

Oil And Natural Gas Corporation vs Krishan Gopal on 7 February, 2020

5.8 The evidence regarding the set up at Exh.22 shows that the posts in the set up were available and vacant. It is to be noted that in the present case, specific finding is recorded by the Industrial Tribunal and reiterated by learned single Judge that the treatment meted out to the workmen was unfair labour practice. The ratio of decisions of the Supreme court in Hari Nandan Pradad (supra), Raja Ram (supra), which the Supreme Court finally laying down the parameters in Oil and Natural Gas Corporation (supra), are applicable to the facts obtaining in the present case.
Supreme Court of India Cites 27 - Cited by 47 - D Y Chandrachud - Full Document

Hari Nandan Prasad & Anr vs Employer I/R To Mangmt.Of F.C.I. & Anr on 17 February, 2014

5.8 The evidence regarding the set up at Exh.22 shows that the posts in the set up were available and vacant. It is to be noted that in the present case, specific finding is recorded by the Industrial Tribunal and reiterated by learned single Judge that the treatment meted out to the workmen was unfair labour practice. The ratio of decisions of the Supreme court in Hari Nandan Pradad (supra), Raja Ram (supra), which the Supreme Court finally laying down the parameters in Oil and Natural Gas Corporation (supra), are applicable to the facts obtaining in the present case.
Supreme Court of India Cites 32 - Cited by 219 - A K Sikri - Full Document
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