Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1994-s.35-Sales Tax- Deduction at source-Constitutional validity of-Held: The provision C is constitutionally invalid. Chhattisgarh VanijyikKar Adhinihyam |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Uttar Pradesh Industrial Disputes Act, 1947 - s. 6(N) - Industrial Dispute-Alleging violation of the provision in termination of service - Delay of 8 years in raising the dispute - Computation of working days - Labour Court holding it to be less than 240 days - High Court holding it to be more than 240 days opining that holidays were not taken into account by Labour Court - On appeal held: Order of High Court was without analysis of factual position - Since there is confusion regarding inclusion of holidays in computation of working days, matter remitted to Labour Court - Relief could be modulated by the Court in view of the delay.Respondent-workman raised industrial dispute alleging that termination of his services without prior notice was in violation of the provisions of Section 6(N) of U.P. Industrial Disputes Act, 1947. Labour Court held that the respondent had not worked for 240 days in a calendar year. Therefore, there was no violation of Section 6(N). In Writ Petition, challenging the award, High Court held that Labour Court computed the working days excluding the holidays and that if holidays were taken into account, the workman had worked for more than 240 days. High Court negated the plea of delay in raising the dispute of 8 years. Order was passed in favour of the workman. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1247 |
Petitioner | Irrigation Research Institute & Anr |
Respondent | Kripal Singh |
SCR | [2007] 12 S.C.R. 1144 |
Judgement Date | 2007-12-07 |
Case Number | 5680 |
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