Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appeal: Intra Court appeal – Scope of – Industrial Tribunal passed an award directing regularization of the workers |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Appeal: Intra Court appeal – Scope of – Industrial Tribunalpassed an award directing regularization of the workers – SingleJudge of the High Court upheld the award – Division Bench ofHigh Court taking the view that matter needs a fresh look by theTribunal – Propriety of – Held: Not proper – A perusal of the awardpassed by the Industrial Tribunal and detailed analysis made bythe Single Judge, show that there is no scope for the IndustrialTribunal to adjudicate on any further aspect – All relevant aspectswere considered meticulously by the Single Judge – Being a writproceedings, the Division Bench was called upon, in the intra courtappeal, primarily to consider the correctness or otherwise of theview taken by the Single Judge – The Division Bench is required toconsider the appeal(s) on merits by deciding on the correctness ofthe judgment of the Single Judge, instead of remitting the matter tothe Tribunal – Thus, impugned judgment of the Division Bench isset aside and matter remitted to it to dispose of writ appeals onmerits – Service Law. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2018 INSC 299 |
Petitioner | Ongc Purbanchal Employees Association |
Respondent | Union Of India & Ors. |
SCR | [2018] 6 S.C.R. 698 |
Judgement Date | 2018-04-03 |
Case Number | 3511 |
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