| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
special reasons |
grievance pending |
|
Summary:
As per the Umpire, Board's decision made without taking relevant considerations into account. Claimant was aware of his right of appeal but was not able to prove wrongful dismissal at that time. Arbitration ruling in his favour and reinstated 14 months later. The Umpire exceeded his jurisdiction.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
special reasons |
appealable |
time for appeal to bor |
Summary:
It is well settled that if the discretion has been exercised, bona fide, uninfluenced by irrelevant considerations and not arbitrarily or illegally, no court is entitled to interfere even if the Court, had the discretion been theirs, might have exercised it otherwise.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
special reasons |
discretion of Commission |
time for appeal to bor |
Summary:
The reason given for his late appeal was before the Commission and the Board. Since the Commission had this evidence, the Umpire erred in concluding that the Commission failed to take relevant factors into account, thereby exceeding his jurisdiction. He erroneously substituted his discretion.
