Apprenticeship Act, 1961, Section 2(aa), Uttar Pradesh Industrial Disputes Act, 1947, Section 2(z) -- Apprentice - Workman - U.P Act is a general law - The Parliament enacted Apprenticeship Act, 1961 which is a special law - It deals with the regulation and control of training of apprentices and for matters connected therewith - The special statute, therefore, shall..........
Service -- Reinstatement - Back wages - Conduct of workman plays an important role as regards direction to pay back wages - Totality of circumstances are to be considered - Workman not joining duties despite having been asked to do so by registered letter as well as publication of notice in newspaper - Held, workman is not entitled to back wages...........
Service -- Misconduct - Proved to be one of dishonesty as workman committed the misconduct by not issuing tickets to passengers - Quantum of loss is immaterial as it is the loss of confidence that matters - Order of dismissal passed by Tribunal, upheld by single Judge of High Court restored...........
Industrial Disputes Act, 1947, Section 25F -- Retrenchment - Adverse inference - Production of muster-rolls pertaining to years 1987-92 called for by respondent-workman - Appellant-management not producing Muster Rolls for the years 1991-1992 and adverse inference drawn by the Labour Court - Respondent-workman not able to establish his case of continuous working for 240..........
Industrial Disputes Act, 1947, Section 25(F), 25(G), 25(H) -- Service - Termination - Workman rendered work of 240 days during preceding 12 months - Claim refuted - It is for the claimant to prove that he had in fact worked upto 240 days in the year preceding his termination - Affidavit of employee is not sufficient evidence - Mere non production of muster roll for a..........
Industrial Disputes Act, 1947, Section 25F, Evidence Act, 1872, Section 114(f) -- Retrenchment - Non-production of evidence - Adverse inference - Benefit of Section 114(f) of the Evidence Act sought by workman but failed to place some evidence in support of his case - High Court held to have committed a manifest error in setting aside the award of the Tribunal only on the..........
Industrial Disputes Act, 1947, Section 25F -- Retrenchment - Burden of proof - It was on the respondent-workman to show that he had worked for 240 days in preceding 12 months prior to his alleged retrenchment - In terms of Section 25-F of the Act, an order retrenching a workman would not be effective unless the condition precedent therefor are satisfied...........
Industrial Disputes Act, 1947, Section 2(s), 25F, Apprenticeship Act, 1961, Section 2(aa),4(2),18 -- Workman - Apprentice Development Officer - Whether workman - Offer of appointment read with the scheme proved that the appellant was appointed as an apprentice and not to do any skilled, unskilled, manual, technical or operational job - Onus was on the appellant to prove..........
Industrial Disputes Act, 1947, Section 2(s), Apprenticeship Act, 1961, Section 2(aa) -- Workman - The expression `apprentice' - The definition of `workman' as contained in Section 2(s) of the Industrial Disputes Act, 1947 included an apprentice - But a `workman' defined under the Act of 1947 must conform to the requirement laid down therein - Meaning thereby that, inter..........
Industrial Disputes Act, 1947, Section 2A,2(k), Industrial Employment (Standing Orders) Act, 1946 -- Industrial Dispute - Appellant-workman invoked the provisions of the Industrial Disputes Act for getting the dispute referred to an appropriate forum under the said Act for an adjudication but the appropriate Government refused - He did not challenge the order which could..........
