Industrial Disputes Act, 1947, Section 2(oo) -- Termination - Punishment - Transfer - Domestic enquiry - Contention by the workman that the enquiry has not been properly held and it was vitiated totally - This was a case where the workman chose not to report at the place where he was ordered to be transferred - When an enquiry was held he expressed his difficulty for..........
Industrial Disputes Act, 1947, Section 10(1) -- Reference - Out of 24 items reference made of only 3 demands and other demands not found justified by the appropriate Government - The elaborate reasons given by the Conciliation Officer and affirmed by the Government exceed the jurisdiction of the power vested in the Government under Section 10 of the Industrial Dispute Act..........
Industrial Disputes Act, 1947, Section 33(2)(b) -- Punishment - Compulsory retirement - The order of compulsory retirement passed against the petitioner after holding domestic enquiry - The order passed stigmatic in nature - The order can be treated as an order of dismissal for the purposes of proviso to Section 33(2)(b) - It was obligatory for the respondent to have..........
Industrial Disputes (Punjab) Rules, 1958, Rule 18, 20 -- Service of summons - Substituted service - Bailiff who sought to effect service at the Church reported to have served the summons on a person working at the Church and since he misbehave and abused the bailiff, the service could not be personally effected and he affixed the summons on the door of the church - The..........
Industrial Disputes Act, 1947, Section 2(1)(d), 2(1)(s) -- Industry - Workman - Evangelist working in a Church - Cannot be a workman - A Diocese cannot be an 'industry' to claim the benefit under the ID Act - The award passed by the Labour Court held to be without jurisdiction and liable to be set aside...........
Industrial Disputes Act, 1947, Section 11A -- Termination - Reinstatement - Findings of fact by the Labour Court that charge had not been fully established by instituting a proper enquiry and the workman condemned unheard - Workman himself has expired and only the legal heirs are persecuting the claim - There is not going to be need to answer the issue whether the persons..........
Industrial Disputes Act, 1947, Section 25B, 25F -- Termination - Continuous service - The benefit of 25F of the Act is only available to a workman who had 240 days of continuous service prior to the date when the termination is actually effected...........
Industrial Disputes Act, 1947, Section 2(oo)(bb), 25H -- Retrenchment - Extension given to the petitioner on a specific stipulation that the reengagement was being done only till a regular employee was appointed - This stipulation specifically excepted under the proviso contained in Section 2(oo)(bb) - The workman cannot assert any right u/s 25 H of the ID Act - In order..........
Industrial Disputes Act, 1947, Section 33(2)(b) -- Employee dismissed from service on the ground of misconduct in the year 1986 - Employee reinstated in the year 2004 - During intervening period of removal and reinstatement, employee obtained advocate license in the year 2000 and continued practice upto 2004 - He claimed full back wages from 1986 to 2004 - Held, employee..........
Industrial Disputes Act, 1947, Section 2(oo), 25F -- Termination - Reference - Delay and laches - Workman pursuing his remedy right from the time of his termination - Demand notice made within one year of the termination and reference made - The same not pursued and withdrew on some technical flaws - Second reference made - There has been no deliberate loss of time by any..........
