9911796707
TMI Blog1957 (1) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the said employ as a Turbine Fitter until July 1951 when the appellant mills were electrified. On such electrification some employees were discharged by the appellant as redundant. Nanilal Mukherjee would also have been similarly discharged, but he was retained in its employ by the appellant as he was a senior Mistry and the appellant intended to absorb him, if possible, in the new set up of mistries in the electrified mills. He was accordingly given a trial in the new set up for a sufficiently long time. One Collins who was the Overseer in the mills, however, made a report on 4-9-52 to the Manager of the Mills stating that Nanilal Mukherjee had been working as a general Vice-Mistry after the Turbine closed down, but it was found afte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s award of the Industrial Tribunal. The Labour Appellate Tribunal overruled the objection of the appellant to the effect that the appeal did not involve any substantial question of law and therefore could not be maintained. It held that it could not possibly believe the story that Nanilal Mukherjee was in the circumstances of the case continued in service month after month. It proceeded to observe:-- When one is dismissed in the absence of any reasonable evidence, the finding of the lower Tribunal must be set aside as not being on sufficient material, but also on the ground that such a conclusion could not have been drawn in the facts and circumstances of this case, when indications are to the contrary. It accordingly allowed the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er these circumstances, it could not be stated that there was any question of law --much less a substantial question of law -- involved in the appeal filed by the respondent before the Labour Appellate Tribunal. The Labour Appellate Tribunal would have jurisdiction to entertain the appeal only if a substantial question of law was involved. The insufficiency or otherwise of evidence in order to enable the fact finding Tribunal to come to a conclusion on question of fact was clearly a matter within its exclusive jurisdiction. The finding of fact reached by the Industrial Tribunal could only be set aside if either there was no evidence at all on which such a finding could be based or the finding reached by it was perverse or such as no reasona ..... X X X X Extracts X X X X X X X X Extracts X X X X
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