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1 - 10 of 15 (1.08 seconds)Article 21 in Constitution of India [Constitution]
The Industrial Disputes Act, 1947
Secretary, State Of Karnataka And ... vs Umadevi And Others on 10 April, 2006
14. So far as the said decision by the
learned Labour Court is concerned, it is
appropriate to take into account the observations
by Hon'ble Apex Court in case of Secretary, State
of Karnataka and others vs. Umadevi (3) and
others [(2006) 4 SCC 1], wherein Hon'ble Apex
Court has observed, inter alia, that:
Supreme Court Reports [1962] Supp.Dr. ... vs The Governing Body Of The Nalanda ... on 15 December, 1961
43. Normally, what is sought for by such temporary
employees when they approach the court, is the issue of a
writ of mandamus directing the employer, the State or its
instrumentalities, to absorb them in permanent service or
to allow them to continue. In this context, the question
arises whether a mandamus could be issued in favour of such
persons. At this juncture, it will be proper to refer to
the decision of the Constitution Bench of this Court in Dr.
Rai Shivendra Bahadur Vs. The Governing Body of the Nalanda
College [(1962) Supp. 2 SCR 144]. That case arose out of a
refusal to promote the writ petitioner therein as the
Principal of a college. This Court held that in order that
a mandamus may issue to compel the authorities to do
something, it must be shown that the statute imposes a
legal duty on the authority and the aggrieved party had a
legal right under the statute or rule to enforce it. This
classical position continues and a mandamus could not be
issued in favour of the employees directing the government
to make them permanent since the employees cannot show that
they have an enforceable legal right to be permanently
absorbed or that the State has a legal duty to make them
permanent.
Article 226 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
Bhavnagar Municipality vs Alibhai Karimbhai & Others on 8 February, 1977
8.11 The finding of fact and final conclusion
recorded by the learned Labour Court are in
consonance with section 33 of the Act and
supported by the decision by Hon'ble Apex Court
in case of Bhavnagar Municipality (supra).
Therefore, the said findings of fact and final
conclusion by the learned Labour Court cannot be
faulted and they do not warrant any interference.