granted to those workmen who have passed a trade test. In
this case, the Workman admittedly having not passed the trade test,
is not entitled ... prescribed conditions, which include
the trade test, and no trade test has been admittedly passed by the
Workman, the grant of MACP/ACP benefits
test" of candidates who possess statutory qualification. This "trade test" is mandatory part of recruitment on the post of semi skilled workman ... direct recruitment for the post of "Semi Skilled Workman" trade test as prescribed is mandatory.
Question No. (c) Whether under the facts
three tests set out
in Paritosh Kumar Pal v. State of Bihar & Ors. , including the nexus test
and the test of jurisdiction as applicable ... purpose of making a reference. Moreover, the situs test and the test of cause
of action cannot be held to be contradictory in nature
submitted that the clinical examination of the
respondent/workman and the „Breathalyser‟ test was not conducted in a
proper manner. No other signs and symptoms ... raised
questions on whether the breathalyser test is an unimpeachable test to
gauge the intoxication of the respondent/workman and whether it is a
sufficient
workman were promoted as they had passed the type test.
But the workman could not pass the type test. Representation dated
26.03.1987 made ... workman in the written arguments has
submitted that the record of the case shows that after the workman
was declared to have passed typing test
Class IV workmen.
3. The temporary/part-time/badli workmen who had already
qualified in the written test held earlier for consideration
for eligible workmen ... appear again for test and they shall be
considered for interview on the basis of the test already
held.
4. The test and interview
Supreme Court reiterated the tests in
the following way:-
"37. The control test and the organisation test, therefore, are not
the only factors which ... whether a workman employed in a canteen of an
organization are to be treated as its workmen, what are the tests to be
applied
nature of work being professed by the
workman was further tested and verified during cross
examination of the workman. The attention is drawn ... decided in favour of management and against the
workman and it is held that workman has suppressed the
material facts as stated by management
test to determine the relationship of
employer and the workmen was the test of control and not the
method of payment. Piece rate payment meaning ... would be beneficial both to the employer, the workmen and
the nation at large. But the test employed in the past was one of
determining
test to determine the relationship of
employer and the workmen was the test of control and not the
method of payment. Piece rate payment meaning ... would be beneficial both to the employer, the workmen and
the nation at large. But the test employed in the past was one of
determining
