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    <title>2008 (5) TMI 642 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=173208</link>
    <description>A writ petition seeking absorption of employees and related reliefs was held inappropriate where the dispute involved proposed retrenchment, alleged closure, non-payment of wages, and other contested facts better suited to labour adjudication. The availability of remedies before the Labour Court or Industrial Tribunal, together with the statutory wage and retrenchment framework, meant writ jurisdiction should not have been invoked. The Court also held that mandamus could not direct absorption or compensation without a subsisting legal right and corresponding statutory duty; statutory absorption rules controlled the issue, and there can be no estoppel against a statute. The High Court&#039;s directions were set aside, and the employees were left to pursue appropriate remedies under the applicable law.</description>
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    <pubDate>Fri, 02 May 2008 00:00:00 +0530</pubDate>
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      <title>2008 (5) TMI 642 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=173208</link>
      <description>A writ petition seeking absorption of employees and related reliefs was held inappropriate where the dispute involved proposed retrenchment, alleged closure, non-payment of wages, and other contested facts better suited to labour adjudication. The availability of remedies before the Labour Court or Industrial Tribunal, together with the statutory wage and retrenchment framework, meant writ jurisdiction should not have been invoked. The Court also held that mandamus could not direct absorption or compensation without a subsisting legal right and corresponding statutory duty; statutory absorption rules controlled the issue, and there can be no estoppel against a statute. The High Court&#039;s directions were set aside, and the employees were left to pursue appropriate remedies under the applicable law.</description>
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      <pubDate>Fri, 02 May 2008 00:00:00 +0530</pubDate>
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