AIR 1990 SUPREME COURT 371 ::1990 UJ(SC) 1 254 ::(1990) 40 DLT 457 ::(1990) 1 CurLR 163 ::(1990) 60 FacLR 157 ::(1990) 1 LabLJ 320 ::1990 (1) SCC 361 ::1990 SCC (L&S) 174 ::1990 All CJ 373 ::(1990) 1 Lab LN 7 ::(1990) 1 SCJ 433 ::(1992) 8 ServLR 784 ::(1990) 18 DRJ 298 ::(1989) 4 JT 541 (SC)

Supreme Court Of India

Hon'ble Judge(s): Ranganath Misra, P. B. Sawant, K. Ramaswamy , JJJ

(A) Constitution of India , Art.32— New plea - Finding of fact - Industrial dispute - Supreme Court directing industrial Tribunal to examine contentions of parties on all issues - Statements of facts of Tribunal cannot be assailed before Court for first time. Industrial tribunals - Statements of facts recorded - Cannot be assailed before Court for first time. It is now settled law that the statement of facts recorded by a Court or Quasi - Judicial Tribunal in its proceedings as regards the matters which transpired during the hearing before it would not be permitted to be assailed as incorrect unless steps are taken before the same forum. It may be open to a party to bring such statement to the notice of the Court / Tribunal and to have it deleted or amended. It is not, therefore, open to the parties or the Counsel to say that the proceedings recorded by the Tribunal are incorrect.(Para 5) (B) Constitution of India , Art.39(d), Art.309, Art.311— Equal pay for equal work - Daily rated workers - Appointment - Workers not possessing initial minimum prescribed educational qualification at the time of appointment - Gaining sufficient experience after many years of service - Confirmation cannot be refused to them on ground that they did not possess requisite qualification - ....