VVF Ltd.Employees Union vs VVF India Limited 2024 INSC 302 – Article 226 – Writ – Labour Law

Constitution of India, 1950; Article 226 -Labour Law -Wage Structure Fixing -Though the High Court ought not to reappreciate evidence and substitute its own finding for that of the Tribunal, it would not be beyond the jurisdiction of the High Court in its power of judicial review to altogether eschew such a process- The financial capacity of an employer is an important factor which could not be ignored in fixing wage structure. In the given facts where the employer seriously contested the use of the concerned units as comparable ones,and highlighted its difficult financial position, the proper course would be to remit the matter to the Industrial Tribunal rather than entering into these factual question independently in exercise of the writ jurisdiction. This exercise would require leading of evidence before the primary forum, the Industrial Tribunal. (Para 15)

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