doing the job of testing Cement,
Sheet curing and testing Mill, Mixing, Rheometer testing, Viscometer
Testing and other miscellaneous testing. Three, the witness had also ... cement testing such as the Moisture Test and Ash Test could do also the
work of coal testing. In fact, the workman offered
workman. The tests broadly are the due
control test to determine relationship, the organizational test, the economic
control test, the test of control and supervision ... workman which assertion is not
alone determinative of the test of workman. Since the onus was upon the
petitioner he was expected to lead adequate
proper
procedure and ne has appeared in the test and
qualified the test. The workman did not specific
management intentionally avail this opportunity. The
specific ... holding any test or interview.
Sa non-performance of the workman in the test also
leads to draw the conclusion that the workman not
want
compared to result of comparative testing of
milk, made to evaluate correctness of results of testing made by the
workman. After appraisal of such test ... testing of milk by the
appellant No.2 Society,, which had found variation in comparative
analysis of results of testing of milk by the workman
SANDHAWALIA, J.
Challenge in the present writ petition by the workman is to the
award dated 21.03.2011 (Annexure P-6) whereby, the reference has been ... merely the designation would
not ascertain the status of the workman. The test to ascertain whether the
petitioner was a workman or not and fell
fair play in that
the Enquiry Officer did not furnish to the workman the report but the
prejudice was undone by not merely relying ... voluntarily given
information that they had paid their fares to the workman. The test of
complete lack of evidence to vitiate a finding in domestic
reason whatsoever" and, thus,
even if termination of workman was for not passing written test, it
amounted to retrenchment and if there was violation ... conducting a fresh test and to re-employ the workman
who may pass such test, even if they had not completed 240 days of service
Court found that the test of 240 days was
satisfied. It has been noticed in the award that the workman had moved an
application ... record produced by the workman was read as secondary evidence. From the record
produced by the workman, the test of 240 days according
learned Judge of the Bombay High Court considered a case where the workman was appointed as a Sanitary Inspector on January ... nature of duties which the workman was performing are still in existence, such contractual engagements will have to be tested on the anvil of fairness
Tribunal, the employer would be precluded from discharging or punishing the workman by way of dismissal and the action of discharge or dismissal already taken ... dismissal would still be liable to be tested in a reference at the instance of the workman under Sec. 10."
13. In another case
