Labour Court's Factual Finding Shouldn't Be Normally Disturbed By Writ Court Without Compelling Reason : Supreme Court
4 months, 1 week ago

Labour Court's Factual Finding Shouldn't Be Normally Disturbed By Writ Court Without Compelling Reason : Supreme Court

Live Law  

Observing that the factual findings of a Labour Court should not be normally disturbed by a Writ Court without a compelling reason, the Supreme Court ordered the reinstatement of an employee who had been terminated due to conflicts arising from his estranged marital relationship. Such factual finding of the Labour Court should not normally be disturbed by a Writ Court without compelling reason. Therefore we feel that the Award in favour of the appellant, granted by the Labour Court, was erroneously disturbed by the learned Single Judge.”, the court observed. Accordingly, the Court directed the reinstatement of the employee: “The above discussion persuades us to hold that the appellant is entitled to relief, in terms of the Labour Court's Award dated 09.08.2012 with consequential service benefits.

Court Labour Order Appellant Adv Writ Court Labour Court Factual Finding Compelling Reason  adv  mr  justice  order  termination  finding  court  labour  writ  shouldnt  factual  appellant  reason  disturbed  supreme  normally  ms

History of this topic

Omission By Trial Court In Framing Issue On Maintainability Of Suit Does Not Limit Power Of Appellate Court To Decide If Suit Is Maintainable: J&K HC
Trending News
2 weeks, 4 days ago

Omission By Trial Court In Framing Issue On Maintainability Of Suit Does Not Limit Power Of Appellate Court To Decide If Suit Is Maintainable: J&K HC

Live Law  

The Jammu and Kashmir High Court held that if there is an omission on the part of the trial court to frame an issue on the maintainability of the suit under law, that does not limit the powers of the appellate court to decide the issue of maintainability. Sarawathy, 2024, wherein the Supreme Court held that any failure or omission …

Woman’s ‘righteousness’ helps husband in securing relief in case before Madras High Court
2 weeks, 6 days ago

Woman’s ‘righteousness’ helps husband in securing relief in case before Madras High Court

The Hindu  

The “righteousness” of a woman in persuading her husband, when he was a bank employee, to take responsibility for the fraudulent withdrawal of funds from a customer’s account has impressed the Madras High Court so much that it has ordered the grant of a monthly pension to the now-discharged employee. Disposing of a writ petition pending since 2010, Justice D. …

Minor Contradiction In Deposition Would Not Render Entire Evidence Unacceptable: Bombay HC Upholds MSRTC ATI's Dismissal Due To Bribery Allegation
2 years, 2 months ago

Minor Contradiction In Deposition Would Not Render Entire Evidence Unacceptable: Bombay HC Upholds MSRTC ATI's Dismissal Due To Bribery Allegation

Live Law  

Observing that a minor contradiction in witness deposition wouldn’t render the entire evidence of the witness unacceptable, the Bombay High Court upheld the dismissal of an Assistant Traffic Inspector of MSRTC for allegedly demanding and accepting bribe. Besides, the evidence proves that Gosavi demanded bribe in exchange of saving the complainant from dismissal and instructed the bakery owner to accept …

Dismissal Of Workman By Employer Cannot Be Interfered With Merely Because Disciplinary Enquiry Was Not Conducted: Supreme Court
4 years, 2 months ago

Dismissal Of Workman By Employer Cannot Be Interfered With Merely Because Disciplinary Enquiry Was Not Conducted: Supreme Court

Live Law  

The Supreme Court observed that dismissal of a workman by his/her employer cannot be interfered with merely on the ground that it did not conduct a disciplinary enquiry, if the latter could justify the action before the Labour Court.Where an employer has failed to make an enquiry before dismissal or discharge of a workman, it is open for him to …

Labour Court Can Examine Charges On Merits Only If Domestic Enquiry Is Held Illegal: SC Upholds Dismissal Of Banker Who Was Found Drunk On Duty [Read Judgment]
6 years, 6 months ago

Labour Court Can Examine Charges On Merits Only If Domestic Enquiry Is Held Illegal: SC Upholds Dismissal Of Banker Who Was Found Drunk On Duty [Read Judgment]

Live Law  

‘It was obligatory upon the Labour Court to first frame the preliminary issue on the question of legality and validity of the domestic enquiry and confined its discussion only for examining the legality and propriety of the enquiry proceedings.’The Supreme Court, while upholding the dismissal of a bank employee who was found drunk during duty, has explained the procedure to …

Discover Related