Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2008 (3) TMI 708

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....NT: Dr. ARIJIT PASAYAT, J. 1. Leave granted. 2. Challenge in this appeal is to the judgment passed by a Division Bench of the Punjab and Haryana High Court dismissing the Civil Writ Petition No. 6622 of 2005. Challenge in the writ petition was to the Award dated 13.1.2005 passed by the labour Court, Jalandhar. 3. Background facts in a nutshell are as follows: Respondent was appointed primarily....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....worked for 240 days in any twelve calendar months preceding the date of termination, yet finding was recorded that the absence from service on Sundays and holidays have to be taken into account. Accordingly the Labour Court held that the respondent had worked for more than 240 days. The High Court dismissed the writ petition holding as follows: of the Award, we find no merit in the writ petition.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....reference to paragraph 8 of the Award. The conclusions in the said paragraph were assailed in the writ petition. The manner of disposal of the writ petition by the High Court leaves much to be desired. Various contentious questions were raised including one relating to whether the appellant could be treated as an industry. These aspects were not considered by the High Court. 5. Reasons introduce ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....1) 1 All ER 1148] observed: (All ER p. 1154h) "The giving of reasons is one of the fundamentals of good administration." In Alexander Machinery (Dudley) Ltd. v. Crabtree (1974 1 CR 120) it was observed: "Failure to give reasons amounts to denial of justice. Reasons are live links between the mind of the decision-taker to the controversy in question and the decision or conclusion a....