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1 - 10 of 11 (0.78 seconds)Article 14 in Constitution of India [Constitution]
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
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NEUTRAL CITATION
C/LPA/1398/2022 ORDER DATED: 08/11/2023
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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.
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.
Regional Manager, S.B.I vs Rakesh Kumar Tewari on 3 January, 2006
(emphasis supplied)
(para 34)
5.6 The test laid down in Raja Ram (supra) and Rakesh Kumar
Tewari (supra) are satisfied in the facts of the present case.
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.
Section 25T in The Industrial Disputes Act, 1947 [Entire Act]
The Trade Unions Act, 1926
Section 2 in The Industrial Disputes Act, 1947 [Entire Act]
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.