NDLI: General Manager, Electrical Rengali Hydro Electric Project, Orissa and Others Vs. Sri Giridhari Sahu and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	s. 33A r/w. s. 33 Industrial Disputes Act 1947 Application Fraud’ Rules of pleadings Misrepresentation’ and ‘Undue influence’
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Industrial Disputes Act, 1947 (14 of 1947) Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Industrial Disputes Act, 1947: s. 33A r/w. s. 33 – Application – By NMR workers/employees of appellant – Alleging that they were prevented from discharging their duties, by fraudulently and by applying undue influence getting their signatures on papers of a ‘Voluntary Separation Scheme’, (VSS) – Labour Court directed their reinstatement holding that the VSS was thrust upon them – Writ petition before High Court was dismissed on the ground that there was no jurisdictional error in passing the award – Appeal to Supreme Court – Held: There are no sufficient pleading with regard to fraud and undue influence – The workmen had failed to plead and prove and it being a case of no evidence, the Award passed by the Labour Court became infirm and was liable to be interfered with – The employer has produced ample documentary evidence to show that the workers voluntarily opted for the VSS – Thus no case was made out before the Labour Court for invoking s. 33A r/w. s. 33. Code of Civil Procedure, 1908: Order VI r. 4 – Rules of pleadings – Applicability of – To the proceedings u/s. 33A of Industrial Disputes Act, 1947 – Held: The proceedings u/s. 33A not being a civil suit, provisions of CPC would not apply – However, the salutary principles engrained therein would apply. Writ: Writ of Certiorari – Nature and scope of – Held: Jurisdiction to issue writ of certiorari is supervisory and not appellate – It is intended to correct jurisdictional excesses – An erroneous decision in respect of a matter which falls within the authority of the Tribunal would not entitle a writ applicant for a writ of Certiorari – It can be issued when a jurisdictional error is clearly established – An error of law which becomes vulnerable to judicial scrutiny by way of Certiorari must be one which is apparent on the face of the record. Words and Phrases: ‘Fraud’, ‘Misrepresentation’ and ‘Undue influence’ – Meaning of. ‘Fraud’ and ‘Misrepresentation’ – Distinction between – Discussed.
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2019 INSC 1020
Petitioner	General Manager, Electrical Rengali Hydro Electric Project, Orissa And Others
Respondent	Sri Giridhari Sahu And Others
SCR	[2019] 12 S.C.R. 293
Judgement Date	2019-09-12
Case Number	8071

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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General Manager, Electrical Rengali Hydro Electric Project, Orissa and Others Vs. Sri Giridhari Sahu and Others

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