Industrial Disputes Act, 1947, Section 25F -- Labour law - Termination of workman - Order of reinstatement with back wages - Validity - Tribunal-cum-labour Court on the basis of evidence adduced by parties and applying the law laid down in the case of Bangalore water supply, rightly held that appellant is an industry - Action of appellant in terminating services of..........
Service -- Disciplinary proceedings - Back wages - In the absence of evidence the order of reinstatement sans full back wages is unjustified in law...........
Service -- Disciplinary proceedings - Illegal sanction of cash credit facility - Reinstatement sans full back wages - List of witnesses and copies of documents not furnished to appellant - Disciplinary authority holding all charges to be proved against appellant without giving an opportunity to appellant to show cause in the matter - Neither enquiry officer nor..........
Service -- Wrongful termination - Reinstatement with back wages - There was no, compliance of mandatory requirements as provided under U.P. Industrial Disputes Act by respondent-firm at the time of passing an order of termination against appellant-workman - Fact that appellant was gainfully employed during the period of adjudication was neither pleaded nor proved before..........
Service -- Termination - Reinstatement with back wages - Inspector of Insurance Company - Termination on ground of poor business and failure to achieve fixed target - No record produced by Company that there was reduction of emoluments for three consecutive years due to no, performance of work - Order of termination, held, illegal - Respondent company directed to..........
Uttar Pradesh Industrial Disputes Act, 1947, Section 6N, 6W -- Termination of service - Backwages - Termination was found to be void ab initio - Despite order of reinstatement respondent/workman was not offered equivalent post - Denial of backwages from date of termination to date of award without assigning any reasons, not proper - No work no pay rule cannot be employed..........
Industrial Disputes Act, 1947, Section 25F -- Reinstatement in service - Burden of Proof - Workmen claimed that they have been engaged as daily wage workers and worked continuously for 6 years - Workman failed to discharge initial onus that he has completed 240 days in service in preceding 12 months taken from the date of termination - Held, protection of reinstatement not..........
Industrial Disputes Act, 1947, Section 25F, 17B -- Conditions precedent to retrenchment of workmen - Automatic reinstatement is not a course to be adopted and the labour court is obliged to take into consideration certain other material to assess and grant the relief to a workman...........
Service -- Deputation - Order of repatriation - Appointment of deputation basis for five years or till further orders whichever is earlier - After service of 1 year repatriation to parent department - Period of tenure expiring and by that time another person already appointed in his place - Direction for reinstatement cannot e given effect to - Respondent, held, entitled..........
Industrial Disputes Act, 1947, Section 25F -- Compensation in lieu of reinstatement - Validity - Workman had been engaged as Keyman Operator on daily wages - Such engagement was not in pursuance to any regular recruitment process - Service rendered by workman is for period of less than 2 years - Held, compensation in lieu of reinstatement is proper but amount of..........
