Iqbal a.Ansari v. Darmila Fashions Pvt. Ltd.
Case brief
What is this about?
Petitioner challenged a Labour Court award dismissing a transfer as termination. High Court held Labour Court lacked jurisdiction as transfer cases belong to Industrial Court. Writ Petition dismissed.
What did the court decide?
The Writ Petition is dismissed as the Labour Court's Award dismissing the reference needs no interference.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 wp-1738-10
I N THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
jmi
WRIT PETITION NO. 1738 OF 2010.
Iqbal A. Ansari. ..Petitioner. v/s. Darmila Fashions Pvt. Ltd. ..Respondent.
Mr. N.M. Ganguli, for Petitioner. Mr. K.M. Naik, a/w. Mr. S.P. Salkar, for Respondent.
CORAM : S.J. KATHAWALLA, J. DATE : 13TH SEPTEMBER 2010.
P.C.
By this Writ Petition, the Petitioner has impugned the Award dated 11th November 2009, passed by the Eleventh Labour Court, Mumbai, dismissing the Reference with costs.
- This is a case where the Petitioner - workman has in the garb of oral termination, challenged his transfer by the Respondent to Alibag from Mumbai before the Labour Court knowing fully well that otherwise the Labour Court has no jurisdiction to decide the matter of transfer which is within the powers of the Industrial Court.
Issues for consideration
2 issues framed by the court
Whether the High Court can interfere with the Labour Court's award dismissing a reference where a transfer was challenged in the guise of termination.
Whether the Writ Petition challenging the Labour Court's award under Article 226 of the Constitution of India should be allowed.
Parties & counsel
- petitioner
Iqbal A. Ansari
- respondent
Darmila Fashions Pvt. Ltd.
Coram
S.J. Kathawalla
Case details
As recorded by the court registry
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