TaxTMI 
TaxTMI 
2008 (2) TMI 428
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....nsolidate and amend the law relating to central duties of excise and to salt. 4. Chapter V of the said Act provides for special provisions relating to salt. Salt manufacture etc. is dealt with in Chapter VI of the Central Excise Rules, 1944. Rule 102 prohibits manufacture of salt except under a licence. Such a licence is to be granted by the Collector within the meaning of the provisions of the said Act. Rules 129 and 130 of the said Rules read as under : Rule 129. Licensees to maintain in good order roads, channels, reservoirs, etc. — The licensee at each salt factory shall be bound, at his own expense, to construct and maintain within the limits of the factory in good repair to the satisfaction of the Collector all roads and al....
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....er and have been working as Platform Mazdoor for a period ranging from 10 to 30 years and furthermore as they had completed more than 240 days' work in a year, they should have been regularized in service. Before the Labour Court, inter alia, a contention was raised that the Platform Mazdoors were engaged on daily wages on behalf of the salt licensees as per Rules 121, 129 and 130 of the Rules and the amount of wages paid to them is recovered from the licensees by way of special cess. It was stated that the said method was adopted when the platform and drying grounds were being used jointly by a number of licensees. Before the learned Labour Court, however, no evidence was adduced on behalf of the appellant. In its order, the le....
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....retary, Central Salt Mazdoor Union, which clearly shows that all the workmen are eligible to leave benefits. The oral evidence of w.w.1 and the abundant documentary evidence produced on the side of the workman prove their case said in the absence of any other contra evidence on the side of the management, I am of the view that the Labour Court has fully justified in passing an award regularizing their service as claimed. In the absence of any other material before this Court, I do not find any good reasons to interfere with the award of the Labour Court. Consequently, the writ petition fails and the same is dismissed. No costs." 8. An intra court appeal preferred thereagainst has also been dismissed by the impugned judgment, stating : ....
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.... raised for the first time before this Court; (2) A finding of fact having been arrived at by the learned Labour Court that there exists a relationship of 'employer and employee' between the appellant and the respondents, interference therewith by this Court is not warranted; and (3) In any event, as out of the twelve workmen, six have already attained the age of superannuation, this Court may not exercise its discretionary jurisdiction under Section 136 of the Constitution of India. 10. Matter pertaining to grant of licence and terms and conditions therefor are governed by a statute. Rule 129 imposes an obligation on the licensee, inter alia, to ma....
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....furthermore do not appreciate as to why, even in a case of this nature, no evidence was adduced. The least which would be done was to point out before the Labour Court that the licensees and the Department have entered into a mutual arrangement. It was expected that at least to the said extent, some evidence would be brought before the Labour Court. Some witnesses should have been examined to establish that a policy decision have been taken in that behalf within the statutory framework. 15. Evidently, there is no sanctioned post. Before making appointment of the respondents, the provisions of Articles 14 and 16 have not been complied with. We do not even know whether the Employment Exchange was notified in regard to the purported vacanci....
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....by making Rules in terms of the proviso appended to Article 309 of the Constitution of India or by reason of an executive order made under Article 177 thereof by the Central Government. 18. We would assume that the industrial tribunal had no jurisdiction to decide such a question after enactment of Administrative Tribunal Act, 1985. But such a contention had never been raised. The matter remained pending before the Labour Court for a long time. We, therefore, should not permit the appellant to raise such a contention before us for the first time. 19. However, it must be borne in mind that the Central Government cannot be held to be bound by an act of one of its officers. In terms of the Rules, the job of a licensee could be taken over....