Search Results Page
Search Results
1 - 10 of 24 (0.46 seconds)Lalla Ram vs Management Of D.C.M. Chemical Works ... on 16 February, 1978
48. Under these circumstances, this Court has no
hesitation in coming to the conclusion that the order passed by the
first respondent is perverse and not in consonance with the principles
laid down by the Apex Court of India in the case of Lalla Ram vs.
D.C.M.Chemical Works Ltd and Another (cited supra).
Article 21 in Constitution of India [Constitution]
Section 10 in The Industrial Disputes Act, 1947 [Entire Act]
Section 12 in The Industrial Disputes Act, 1947 [Entire Act]
Ongc Ltd vs Petroleum Coal Labour Union & Ors on 17 April, 2015
In the case of ONGC Ltd. vs. Petroleum Coal
Labour Union [(2015) 6 SCC 494], wherein the Supreme Court held
that the Corporation did not follow the due procedure as provided
under the Appointment and Recruitment Rules for appointment of the
workmen concerned in the Corporation or that their appointment
orders excluded applicability of the Standing Orders, which is not
permissible. It is further held that violation of Certified Standing
Orders is void and can be ignored.
Glaxo Laboratories vs The Presiding Officer, Labour Court ... on 6 October, 1983
In the case of Glaxo Laboratories (I) Ltd vs.
Presiding Officer, Labour Court, Meerut and others [(1984) 1
SCC 1], the Standing Orders regarding, providing for punishment,
should be strictly construed. This being the findings, the learned
counsel for the second respondent-employee reiterated that the writ
19/34
http://www.judis.nic.in
WP No.27428 of 2019
petitioner-Management has not followed the Standing Orders and
therefore the actions are to be declared as untenable.
M/S. Bengal Bhatdee Coal Co vs Shri Ram Prabesh Singh & Ors on 23 January, 1963
“12. The position that emerges from the
above quoted decisions of this Court may be
stated thus: In proceedings under Section
33(2)(b) of the Act, the jurisdiction of the
Industrial Tribunal is confined to the enquiry
as to (i) whether a proper domestic enquiry in
accordance with the relevant rules/Standing
28/34
http://www.judis.nic.in
WP No.27428 of 2019
Orders and principles of natural justice has
been held; (ii) whether a prima facie case for
dismissal based on legal evidence adduced
before the domestic tribunal is made out; (iii)
whether the employer had come to a bona
fide conclusion that the employee was guilty
and the dismissal did not amount to unfair
labour practice and was not intended to
victimise the employee regard being had to
the position settled by the decisions of this
Court in Bengal Bhatdee Coal Co. v. Ram
Prabesh Singh [AIR 1964 SC 486 : (1964) 1
SCR 709 : (1963) 1 LLJ 291 : 24 FJR 406]
, Titaghur Paper Mills Co. Ltd. v. Ram Naresh
Kumar [(1961) 1 LLJ 511 : (1960-61) 19 FJR
15] , Hind Construction & Engineering Co.
Ltd. v. Their Workmen [AIR 1965 SC 917 :
Hind Construction & Engineering Co. Ltd vs Their Workmen on 9 November, 1964
“12. The position that emerges from the
above quoted decisions of this Court may be
stated thus: In proceedings under Section
33(2)(b) of the Act, the jurisdiction of the
Industrial Tribunal is confined to the enquiry
as to (i) whether a proper domestic enquiry in
accordance with the relevant rules/Standing
28/34
http://www.judis.nic.in
WP No.27428 of 2019
Orders and principles of natural justice has
been held; (ii) whether a prima facie case for
dismissal based on legal evidence adduced
before the domestic tribunal is made out; (iii)
whether the employer had come to a bona
fide conclusion that the employee was guilty
and the dismissal did not amount to unfair
labour practice and was not intended to
victimise the employee regard being had to
the position settled by the decisions of this
Court in Bengal Bhatdee Coal Co. v. Ram
Prabesh Singh [AIR 1964 SC 486 : (1964) 1
SCR 709 : (1963) 1 LLJ 291 : 24 FJR 406]
, Titaghur Paper Mills Co. Ltd. v. Ram Naresh
Kumar [(1961) 1 LLJ 511 : (1960-61) 19 FJR
15] , Hind Construction & Engineering Co.
Ltd. v. Their Workmen [AIR 1965 SC 917 :
Workmen Of Messrs Firestone Tyre ... vs Management & Others (With Connected ... on 6 March, 1973
(1965) 2 SCR 85 : (1965) 1 LLJ 462 : 27 FJR
232] , Workmen of Messrs Firestone Tyre &
Rubber Company of India (P)
Ltd. v. Management [(1973) 1 SCC 813 :
1973 SCC (L&S) 341 : AIR 1973 SC 1227 :
(1973) 3 SCR 587] and Eastern Electric &
Trading Co. v. Baldev Lal [(1975) 4 SCC 684 :