Industrial Disputes Act, 1947, Section 25 -- Res judicata - Writ petition withdrawn without seeking permission to seek remedy before Labour Court - Proceedings before Labour Court is not barred by principle of res judicata. (Civil Procedure Code, 1908, S.11)...........
Industrial Disputes Act, 1947, Section 25 -- Service - Appointment on adhoc basis - Worked for one year and three months - Service discontinued - Employee joined service in another establishment of State Government - Approaching Labour Court after more than seven years - Although, the Court cannot import a period of limitation when the statute does not prescribe the same,..........
Labour Laws -- Labour Court or Industrial Tribunal is the final Court of facts - Writ Court can go into question of fact only if finding of fact is perverse of if the same is not based on legal evidence and that too only after recording reasons...........
Labour Laws -- Finding of fact - Labour Court is the final Court of facts - Can be interfered by Writ Court when finding is either perverse or not based on legal evidence - Finding of fact cannot be interfered when it is not perverse but another person can take a different view...........
Industrial Disputes Act, 1947, Section 11A -- Management lost confidence in the employee - Labour Court itself came to this conclusion - Held, Labour Court has no jurisdiction to alter or reduce the punishment...........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 32 -- Trade Union leader working for the welfare of labour - Widespread labour movement - Deceased apprehended serious threat to his life from industrialists, especially from Simplex and Kedia Group of Industries - Note to this effect made in diary regrading apprehension of danger from management of..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Proceedings before Labour Court cannot be equated with proceedings before Civil Court...........
Industrial Disputes Act, 1947, Section 25F, Civil Procedure Code, 1908, Section 11 -- Respondents employed on daily wages in a scheme - Employment commenced in 1993 and service terminated in 1996 - Writ petitions filed for regularisation - Relief was denied holding that life of scheme had come to an end - Appeal dismissed by Division Bench - Reference before Labour Court -..........
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..........
Indian Penal Code, 1860, Section 302 -- Death sentence - Offence of kidnapping, rape and murder of minor girl - At the time of offence accused was 36 years of age and he was not involved in any other criminal case previously - Accused was a migrant labour and living in impecunious circumstances - Case does not fall within category of rarest of rare case - Sentence of death..........
