Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Certiorari CONSTITUTION |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | CONSTITUTION OF INDIA, 1950: Arts. 226 and 227 - Jurisdiction of High Court - Writ of certiorari - High Court setting aside the award of Labour Court and directing reinstatement of workman with 25% back wages - Held: It is settled law that when Labour Court arrived at a finding overlooking the materials on record, it would amount to perversity and writ Court would be fully justified in interfering with the said conclusion - If a finding of fact is based on no evidence that would be regarded as an error of law which can be corrected by a writ of certiorari - In the instant case, the issue whether resignation of workman was voluntary and the factum of complaint sent by him immediately were not ยท adverted to by Labour Court - High Court thoroughly analysed all the aspects and arrived at the correct conclusion - Labour law. The respondent-workman, who was employed by the appellant company on piece rate basis in the year 1977, wrote a letter to the Chief Minister on 7.10.1992, stating that on 30.9.1992 in the evening he was beaten up, given electric shock and was forced to write a resignation letter, on the allegation that he committed a theft of the goods of the factory and on the morning of 1.10.1992 when he went to the factory, he was not allowed to enter. The workman also sent a notice dated 13.10.1992 to the appellant company. The Reference made to the Labour Court was dismissed. However, the single Judge of the High Court, in the writ petition filed by the workman, set aside the award and directed his reinstatement with 25% back wages. The Letters Patent Appeal filed by the Company was dismissed. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 59 |
Petitioner | M/s Atlas Cycle (haryana) Ltd. |
Respondent | Kitab Singh |
SCR | [2013] 1 S.C.R. 611 |
Judgement Date | 2013-01-24 |
Case Number | 673 |
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