Constitution of India, 1950, Article 226,227, Industrial Disputes Act, 1947, Section 2(1),(j) -- Industry - New plea - The question whether the Department of Government is industry within the meaning of Section 2(j) of the Act is a mixed question of law and facts - It, therefore, cannot be allowed to be raised first time before the High Court, if it is not raised before..........
Industrial Disputes Act, 1947, Section 25F -- Termination - Compensation in lieu of reinstatement - Criteria - Normal rule is to direct reinstatement of workmen whose services has been terminated in violation of the industrial law - Reinstatement cannot be directed in every case - Question whether employee should be reinstated or not depends upon various factors - Nature..........
Industrial Disputes Act, 1947, Section 2(s) -- Workman - Respondent working as Deputy Manager ( Engineering) in Tata Risk Management Service - He was highly educated a chartered engineer - The work of the employee was that of a highly qualified and specialized consultant - By no stretch of imagination respondent can be called a skilled workman doing manual or non-manual..........
Constitution of India, 1950, Article 226, Industrial Disputes Act, 1947, Section 2(s) -- Writ jurisdiction - Workman - Held that writ court should not normally interfere with a finding of fact arrived at by the learned Labour Court - Labour Court holding respondent employee as `workman' based on an incorrect appreciation of the law and facts - The question whether an..........
Arbitration and Conciliation Act, 1996, Section 6(1), 8, 16, Interest on Delayed payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, Section 6 -- Claim petition filed before Council - Council issued notice to respondent - Respondent filed civil suit for declaration that claim petition of appellant is ultra vires provisions of the Act - Civil Court..........
Industrial Disputes Act, 1947, Section 10 -- Reference - Rule of evidence - Substantive evidence - Cross-examination - No illegality in non considering the affidavit of petitioner as evidence against the workman when the petitioner did not make himself available for being cross examined by the representative of the workman...........
Industrial Disputes Act, 1947, Section 10 -- Reference - Industrial dispute - Rule of evidence - Substantive evidence - Adjudicating bodies constituted under the act are not bound by the technical rules of evidence contained in the Evidence Act - Their proceedings are to be governed by the substantive rules of procedure and natural justice - The principle that a fact..........
Industrial Disputes Act, 1947, Section 25F(b) -- Retrenchment Compensation - Termination of the workman held vitiated due to violation of Section 25-F(b) of the Act as no retrenchment compensation paid to the workman at the time of termination of his service...........
Industrial Disputes Act, 1947, Section 10, 11A -- Termination - Inquiry - Natural justice - Petitioner management did not produce any evidence to prove that a valid, proper and fair enquiry had been conducted by the Competent Authority - Delinquent official cannot be punished on the basis of such inquiry report - Award of Labour Court ordering reinstatement with continuity..........
Industrial Disputes Act, 1947, Section 2(s) -- Workman - Medical representative - Medical representatives mainly engaged for promotion of sales business, are not workman within the meaning of the Act - Dispute regarding termination of his services is not maintainable under the Industrial Disputes Act ...........
