Industrial Disputes Act, 1947, Section 11A -- Labour Court - Jurisdiction - Department enquiry - Misconduct - Labour Court would have no jurisdiction to substitute its own judgment although it could itself have arrived at a different conclusion on the same materials - Decision of Labour Court should not be based on mere hypothesis - Its jurisdiction under S.11-A of the Act..........
Industrial Disputes Act, 1947, Section 11A -- Victimisation, unfair labour practice - Tribunal will interfere when there is want of good faith, victimisation, unfair labour practice etc. on the part of management - Workman is entitled to raise contentions like unfair labour practice as also acts of victimisation on the part of management - Such a contention has to be..........
Industrial Disputes Act, 1947, Section 11A -- Fresh evidence - When legality or validity of domestic enquiry is in question and this issue is decided in favour of management it need not lead any fresh evidence - If this issue is decided in favour of workman then management can be permitted to adduce fresh evidence before Labour Court...........
Industrial Disputes Act, 1947, Section 11A -- Code of conduct - Management and workman - Whereas management cannot resort to victimisation and unfair labour practice so as to get rid of the union leaders, workman in turn are bound to maintain discipline - A workman indulging in commission of a criminal offence should not be spared only because he happens to be a union..........
Industrial Disputes Act, 1947, Section 11A -- Object and purport of the Act - Act is not a beneficial legislation in favour of the management or the workman - Provisions of the statute must be construed having regard to the tenor of the terms used by Parliament...........
Industrial Disputes Act, 1947, Section 11A -- Reinstatement with full back wages - Despite a wide discretionary power under the provision, relief of reinstatement with full back wages should not be granted automatically only because it would be lawful to do so - Grant of relief depends on the fact situation obtaining in each case - It depends upon several factors - One is..........
Industrial Disputes Act, 1947, Section 11A -- Relief - Re-instatment- Back-wages - A relief of reinstatement with full back wages is not to be given without considering the relevant factors therefor, only because it would be lawful to do so...........
Uttar Pradesh Industrial Disputes Act, 1947, Section 2(g), 6N, Industrial Disputes Act, 1947, Section 11A -- Delayed reference - Relief - Industrial dispute raised after 18 years - It was obligatory on the part of the Labour Court to consider that the respondent was in employment for very short period - No findings that the respondent was in continuous service with in..........
Industrial Disputes Act, 1947, Section 11A -- Back wages - Relief - Compensation - In lieu of reinstatement - On holding the termination illegal grant of back wages is not automatic - The nature of appointment, whether there existed any sanctioned post or whether the officer concerned had any authority to make appointment are relevant factors to grant back wages...........
Industrial Disputes Act, 1947, Section 11A -- Delayed reference - Relief - Respondent appointed as a daily wager - He worked for a short period from 1.8.1989 to 24.1.1991 - Keeping in view the nature and period of service rendered by the respondent and the fact that he raised industrial dispute after six years impugned judgments directing reinstatement with 25% backwages..........
