The petitioner challenged a Labour Court order holding a workman's date of birth and retirement date. The Single Judge held findings were factual and dismissed the writ petition.
Writ petition is dismissed and interim order, if any, stands vacated.
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Court No. - 56
Case :- WRIT - C No. - 17075 of 1996
Petitioner :- Mowono Sugars Ltd. Respondent :- Dy. Labour Commissioner And Another Counsel for Petitioner :- Bharti Sapru,Rohan Gupta,Yashwant Verma Counsel for Respondent :- C.S.C.,Y.K.Sinha
Hon'ble Pankaj Bhatia,J.
The petitioner has filed this petition challenging the order dated 24.4.1996 whereby the Labour Court had passed an order holding the date of birth of the workman to be 12.7.1933 and accordingly the date of retirement of the workman was workout on 2.11.1993. The labour Court further directed that accordingly all the dues be paid to the workman based upon the said date of birth and the date of retirement as determined by the Labour Commissioner.
From the perusal of award, it is clear that the workman had retired in the year 1993, nothing survives in the present petition. Furthermore, the findings recorded by the labour court are findings of fact which do not warrant any interference in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India. The writ petition is devoid of merit and is dismissed. Interim order, if any, stands vacated.
Order Date :- 3.12.2018 Hasnain
1 issue framed by the court
Whether the Labour Court's finding regarding dates of birth and retirement warrants interference under Article 226 of the Constitution.
Mowono Sugars Ltd.
Dy. Labour Commissioner
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
