...the High Court in which an order made by the Labour Court was challenged.4. The Labour Court noticed that the services of ...noticed that it would be impossible to maintain records for such a long period and place them before the Labour Court. In those circumstances, it found that the delay of nine years would be fatal ...and the Labour Court or the Industrial Tribunal can properly mould the relief by refusing or awarding part-payment of back wages. It is no doubt true that in appropriate cases, as held by this ...

...down in Section 25-G has also not been followed. The findings on facts by the Labour Court cannot be termed as perverse and need no interference.22. It is also the..., the Court has affirmed the award passed by the Labour Court, Junagadh in Reference Case No. 192 of 1995 dated 14-5-2007, wherein and whereunder the Labour ...the practice of engaging the services of daily-wage workmen and in lieu of it to hire labourers on contractual basis.3. The claim of the workman before the ...

...approaching the Labour Court, and in view of section 2-A of the Industrial Disputes Act, 1947, the refer...decision of the Division Bench of this Court in Misc. Civil Application No. 1 of 2017 in Letters Patent Appeal No. 906 of 2016 as well as the decision of the Apex Court in ...submissions made by both the sides. The main challenge by the petitioner-State to the award is on the ground of delay in approaching the Labour Court. ...

...approaching the Labour Court, and in view of section 2-A of the Industrial Disputes Act, 1947, the refer...decision of the Division Bench of this Court in Misc. Civil Application No. 1 of 2017 in Letters Patent Appeal No. 906 of 2016 as well as the decision of the Apex Court in ...submissions made by both the sides. The main challenge by the petitioner-State to the award is on the ground of delay in approaching the Labour Court. ...

.... Rule. Mr. Thakar waives for contesting respondent.3. Challenge in this petition is made to the order dated 28.01.2013 passed by the Labour Court, Rajkot in Reference (L.C.R) No. 1...State Of Assam v. Ripa Sarma reported in (2013) 3 SCC 63, in the case of Senior Superintendent Tele...Advocates for the respective parties and having gone through the material on record, this Court finds that the date on which the Labour Court awarded reinstatement the respondent...

...counts the labour Court has passed an order holding that the petitioner has not been able to justify the delay in approaching the labour Court by 15 ye...of the petitioner to explain the delay and having answered the first part of the terms of the reference against the petitioner, the labour Court has also procee...to what were the reasons for not approaching the labour Court within a reasonable time. (4) Having said so, this Court finds no reasons to interfere with the award passed...

...whether the removal/termination w.e.f 01.12.1991 was justified and legal? 3. The labour court on the first issue solely relied on the judgments passed by the Apex ...Sanjeev Prakash Sharma, J.—The Labour Court Award Dated 22.09.2016 is under challenge before this court in this present writ petition. 2. A look on the terms of ...reference shows that the State Government referred two points to be examined by the labour court (i) Whether raising of dispute after 15 years was justified and legal? (ii) if he delay was justified then...

.... However, taking into circumstances the delay in approaching the Labour Court coupled with the fact the workman was a daily wager, the Labour ...1. The appellant has challenged in this appeal the order passed by the learned Single Judge who has modified the order of the Labour Court which had granted reinstatem...has modified the order of the Labour Court.7. Normally in a case of this nature a lakh of rupees is awarded as compensation. In the instant case, the workman was a...

...the Allahabad High Court holding (a) that the dispute raised by the respondent before the Labour Court was maintainable, and (b) that because of non-registration of contract on apprentice...the stand of the present appellant that there was an unexplained delay of nearly eight years, it was held that there was, in fact, no delay. The Labour Court, accordingly, passed...Labour Court was assailed before the High Court, which held that there was in fact no delay and for this purpose, reference was made to two decisions of this Court in...

...Labour Court, on appreciation of evidence found that looking to the fact that he was an Apprentice who had served for the aforesaid period and had raised the dispute after 20 years in the...appellant being aggrieved by the Award dated 30th June, 2018 passed by Labour Court, Godhra in Reference (T) No. 16 of 2007, approached this Court by filing Special Civil Application No... C/LPA/1494/2019 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT...

...Board2001 (6) SCC 222, the Supreme Court has held that where a reference is made it should not be set aside merely on the ground of delay and that lon...the labour court, the petitioner submitted that no relief can be granted since there was an inordinate delay in raising the reference and such old and stale dispute could not be referred ...Hon'ble Tarun Agarwala, J.The State (petitioners) has assailed the validity and legality of the award dated 31.10.2000 passed by the labour court in Adjudication...

...learned Labour Court has rejected the claim of the petitioner on the ground of delay in approaching the Labour Court. It...Labour Court should have considered the 2 (VISHAL MISHRA) JUDGE matter on merit...preferred a writ petition in the year 2003 and since then upto the order passed by the learned Labour Court, he is under continuous litigation. The learned Labour Court ...

.... 5. This Court, having considered the rival submissions made by learned counsel for respective parties, is of the considered view that the Labour Court has give...contended that appropriate orders be passed in the writ petition directing the respondents to pay backwages by modifying the orders passed by the Labour Court in I.D.No.63 of 200...removal from service and the Labour Court has given reasons for denying backwages, therefore, there are no merits in the writ petition and the same is liable to be dismissed...

...(33-C 1) Application No.15 of 2012. By the impugned order the Labour Court has ordered the difference of wages, for the period from 19.09.2003 to 15.01.2006, be paid to ...wages for the period, from the date of award till his actual reinstatement. Payment of 25% wages for that period was not legal. The payment ordered by the Labour Court is that difference. ...Date : 03/08/2017 ORAL ORDER 1. Challenge in this petition is made by the employer to the order passed by the Labour Court at Nadiad dated 30.11.2015 in Reco...

...(Judgment of the Court was delivered by T.RAJA, J.) This writ appeal has been directed against the impugned order dated 15.04.2013 passed in W.P. No.15028 of 2007 wherein the / learned Sin...appellants are guilty of laches in approaching the Labour court for redressal. Therefore, the method adopted by the learned Single Judge is liable to be interfered with. Adding further, l.../ appellants are guilty of laches in approaching the Labour Court for redressal. In para 15, it has been held that a condition has been prescribed by introducing Clause (3) to Section 2-A of ...

...workman has approached the Labour Court after a gap of about 11 years. 3. Notice has been served upon the respondents, However, none has put in appearance. Apart from other a...otherwise termination of service as specified in sub-section (1)." 6. Perusal of the record shows that the workman has approached the Labour Court in ...passed in Reference (L.C.R.) No.91 of 2011 by the learned Presiding Officer, Labour Court No.1 of Rajkot. As per this decision, the Labour Court has allowed the ...

...arguments. It has been submitted that the workman has worked for total 13 days and has not completed 240 days in a calender year, and under these circumstances, the award passed by the Labour ...Labour Court for the first time, as the alleged termination is stated to have taken place somewhere in the year 1988. However,the workman has approached the Labour .... 6. This Court has considered the submissions made by both the sides. The challenge to the findings of the Labour Court is of twin grounds; o...

...respondent-Labour Court. Adding further, the learned counsel for the petitioner submitted that the first respondent, without considering the vital aspect that the second respondent has no...Court, Chennai in I.D No. SR1977 of 2016 dated 2.11.2016, in and by which the first respondent-Labour Court has held against the petitioner that after being dismissed from service on 2.5....years from the date of termination, the first respondent-Labour Court held that the petitioner cannot be allowed to prosecute the stale claim and accordingly rejected his prayer.2. ...

...termination has been set aside and the delay in raising industrial dispute before grant of relief in an industrial dispute, must be invariably followed. 4. In view of ...Limitation Act, 1963 is not applicable to the reference made under the ID Act but delay in raising industrial dispute is definitely...03.12.2015. By the aforesaid order, the learned Single Judge has confirmed the award passed by the Labour Court, Rajkot dated 09.09.2015 in Reference (LCR) No.1 of 2010. By the a...

.... Having heard learned advocate for the petitioner workman and having gone through the material on record, more particularly the reasons recorded by the Labour Court in the impug...ORAL ORDER1. Challenge in this petition is made to the award passed by the Labour Court, Surendranagar dated 01.06.2013 in Reference (LCS) No. 45 of 2009 whereby ..., learned advocate for the petitioner has submitted that, the Labour Court has committed error by holding that workman has failed to prove that he had completed 240 days in the year, preceding to ...