Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1947: Sections 10 11 Labour Laws : Industrial Disputes Act 11-A and 17 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour Laws:Industrial Disputes Act, 1947: Sections 10, 11, 11-A and 17-Appellant employed as a work agent on day to day basis-Worked for about four years-Not given employment thereafter-Approached Conciliation Officer and by mistake wrote his name as Madan Lal instead of Madan Pal-Applied for correction but not corrected-Reference made to Labour Court-During the course of adjudication no doubt raised about the identity of the appellant-No preliminary objection taken by the management on the issue-Evidence led-Objection as to the name raised at the end~Award given by the Court that no relation between Madan Lal and management therefore, reference was bad~Appellant got reference amended- Labour Court refused to amend the award-Challenge to the order of Labour Court dismissed by the High Court-On appeal, Held : Initially the fault laid on part of the appellant as he gave wrong name-However, ultimately if he is found to be entitled to the relief, then the Court can suitably mould the relief-Fit case for equitable considerations-Labour Court itself could have sought correction of the reference-Labour Court could have waited till the amendment of the award-Labour Court could have held proceedings from the stage taking the reference to be valid from the date of its amendment. |
Judge | Hon'ble Mr. Justice D.P. Wadhwa |
Neutral Citation | 2000 INSC 7 |
Petitioner | Madan Pal Singh |
Respondent | State Of U.p. And Ors. |
SCR | [2000] 1 S.C.R. 69 |
Judgement Date | 2000-01-06 |
Case Number | 40 |
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