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1 - 7 of 7 (1.06 seconds)Section 9A in The Industrial Disputes Act, 1947 [Entire Act]
Delhi Transport Corporation vs Jagdish Chander on 3 February, 2005
(i) Delhi Transport Corporation Vs. Jagadish Chander
of the Hon'ble Special Bench of the Delhi High Court
as reported in 2005-III-LL.J 150; (ii) The
unreported judgement of the Hon'ble Single Bench
in CAN 10964 of 2014 arising out of W.P. No.
28136(W) of 2014 dated 28th July, 2017 in the
matter of Peerless Inn -vs- First Industrial Tribunal
& Ors.
Texmaco Ltd. & Anr vs State Of West Bengal & Ors on 9 March, 2015
Mr. Saha relies upon the authority of W.P.1703 of
1999/G.A. No.1664 of 2000, In the matter of: Texmaco
Limited vs. State of West Bengal at Paragraphs 51, 52, 54,
55, 56, and 57 thereof, to submit that unless there is a clear
case made out for reinstatement, there cannot be an
automatic invocation of Section 17B perverting the letter and
spirit of the special statute on an assumed application of a
sympathetic approach.
Article 226 in Constitution of India [Constitution]
Section 10 in The Industrial Disputes Act, 1947 [Entire Act]
I.D.L. Chemicals Ltd. vs S.R. Tamma And Anr. on 16 July, 1991
Mr. Guha Thakurata submits that from the
pronouncement of the Hon'ble Single Bench in W.P.28136 (W)
of 2014, reference has been drawn to several decisions of the
Hon'ble Apex Court wherein it would be clear that the scope of
relief under Section 17B of the 1947 Act has to be of the widest
amplitude and given full effect considering the letter, intent
and spirit of the Section. On the strength of the decision of the
Odisha High Court In Re: M/s I.D.L. Chemicals Limited Vs.
S.R. Tamma and Another as reported in 1989 (58) FLR Page
28 Learned Counsel submits that even if Section 17B is held
not to apply to the facts of an industrial reference/the Award,
this Court, sitting in Jurisdiction under Article 226 of the
Constitution of India can mould the relief to grant full back
wages to the applicant/R3/W.
Mr. Saha, Learned Counsel appearing for the writ
petitioner/STL submits that the facts arising out of the
impugned Award do not present a case of reinstatement
simplicitor . Mr. Saha submits that under challenge before the
Learned Tribunal was the order of transfer dated the 17th of
6
May, 2004 issued by STL and transferring R3/W from Kolkata
to Chennai. Learned Tribunal struck down the order of
transfer by observing, inter alia, in its operative portion (as
already reproduced above) that the order of transfer dated
17.05.04 is inoperative and the workman ...... Shri Deo Nath
Singh continues to be employee of the company.
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