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Judgment Search Results Home  Phrase:labour law  Court:rajasthan

Jul 11 1994

Sayal Mal Bhansali Vs. Judge, Labour Courts and Anr.

  • Decided on : 11-Jul-1994

Court : Rajasthan

Reported in : [1995(71)FLR593]; (1995)ILLJ914Raj; 1994(2)WLC735; 1994(2)WLN202; 1994(2)WLN79

... . in 1984 (2) service law journal 576 (supra) a judgment of the delhi high court in para 21 it was ... held that under section 33c(2) the jurisdiction of the labour court is to compute the benefit and not to confer any new benefit and the interest was declined. 13. in (1964(2) labour law journal 88) (supra) a judgment of the madras high court and again in 1988 lab. & i.c. 700 judgment ... not be said to be incidental to the computation of the benefits given under the award. therefore, the award of interest by the labour court would not be justified. 14. after having carefully gone through the case law cited by the learned counsel appearing for the parties and referred to above, i am of the opinion that in the peculiar facts and ... to the execution proceedings and the labour court has no jurisdicti6n to award interest in a claim petition under section 33c(2) of the aforesaid act. learned counsel has supported his contention on the case laws reported in (a) 1984 (2) service law journal 576 (delhi) page 21; (b) (1964 (2) labour law journal 88) (madras) and (c) 1988 labour & industrial cases page 700 (madras) 12 ...

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Jul 31 2003

State of Rajasthan and Ors. Vs. Richpal Singh and Anr.

  • Decided on : 31-Jul-2003

Court : Rajasthan

Reported in : RLW2004(1)Raj203; 2003(4)WLC528

... of the respondent no. 1 or not.(13). section 3 of the act of 1964 reads as follows:-'3. labour laws not to apply to famine relief works etc.- notwithstanding anything contained in any labour law no such law shall apply nor the same shall be deemed ever to have applied, to the famine relief works or the employees ... position clear that in case of workers appointed for doing famine relief works, the provisions of labour laws would not be applicable and in the schedule appended to the act of 1964 at serial no, 3 the act of 1947 is there and therefore ... labour laws do not apply in the case of famine relief works. hence, the findings of the learned labour court that the provisions of the act of 1947 are applicable to the present case are wholly erroneous and illegal one ... provisions of the act of 1947 are not applicable and their case is governed by the provisions of rajasthan famine relief works employees (exemption from labour laws) act, 1964 (hereinafter referred to as 'the act of 1964') and section 3 of the act or 1964 provides that ... thereof in respect of any matter covered by any such law.' (14). section 3 of the act of 1964 makes the ...

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Sep 08 1993

State of Rajasthan and Anr. Vs. Babu Khan

  • Decided on : 08-Sep-1993

Court : Rajasthan

Reported in : (1994)IILLJ457Raj; 1994(1)WLC371

... said case, those petitioners were not employed against the famine relief work. the p.w.d. and the panchayat samiti have not been exempted from the labour laws under the act of 1964. therefore, these cases have no relevance to decide the controversy in question.15. the apex court in delhi development horticulture employees ... works came to an end, his services automatically stood terminated. he has contended that as per provisions of the rajasthan famine relief works employees (exemption from labour laws) act, 1964 (in short 'the act of 1964'), the provisions of the act of 1947 do not apply to famine relief works or the employees ... the state govt. to provide relief to persons affected by drought and scarcity conditions. as per section 2(c), 'labour law' means any of the enactments as in force in rajasthan, relating to labour and specified in the schedule. section 3 of the act of 1964 lays down that notwithstanding anything contained in any ... labour law, no such law shall apply nor the same shall be deemed ever to have applied, to the famine relief works or the employees thereof ... 1987 till december 1988 under the employment of the state govt. and that while interpreting the provisions of industrial laws, the benefit of reasonable doubt in law and fact, must go to the weaker section i.e. labour. for this, he has relied on the case of workmen of williamson magor and co. ltd v. ...

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May 10 1995

Mohammad Ismail Vs. State of Rajasthan and Ors.

  • Decided on : 10-May-1995

Court : Rajasthan

Reported in : (1997)IIILLJ349Raj; 1996(1)WLC202

... case, since the applicability of the act is excluded in the case of the employee engaged on the famine relief work by the rajasthan famine relief works employees (exemption from labour laws) act, 1964 as referred to above. since the provisions of the act are inapplicable to the petitioner the question of petitioner being considered as a workman falling within the definition ... , 1964 (hereinafter referred to as 'the act of 1964'). section 3 of the said act reads as under:'3. labour laws not to apply to famine relief works etc:- notwithstanding anything contained in any labour law no such law shall apply nor the same shall be deemed ever to have applied to the famine relief works or the employees thereof in respect of any matter ... covered by any such law'. 7. relying on the aforesaid provisions of the act, 1964, it was contended at the bar ...

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Mar 12 1984

Bhanwarlal and Ors. Vs. Rajasthan State Road Transport Corporation and ...

  • Decided on : 12-Mar-1984

Court : Rajasthan

Reported in : (1985)ILLJ111Raj

... exercising its supervisory jurisdiction under article 226 of the constitution, over the orders and quasi-judicial proceeding of an administrative authority -- not being proceeding under the industrial/labour law before an industrial labour tribunal culminating in dismissal of the employee, the high court should ordinarily, in tne event of dismissal being found illegal, simply quash the same and should not further ... the consciousness of the court and the corpus juris'. krishna iyer, j., further observed as under (para 2):this court has developed labour law on this broad basis and what this court has declared holds good for the country. we must first fix the founding faith in this juristic branch before unravelling the ... government. the corporation has framed the regulations and those regulations governed the service conditions apart from the standing orders and other various provisions of the industrial disputes act and labour welfare laws as,' undoubtedly and undisputedly, all the petitioners are workmen and, the corporation is an industry, so far as the specific domain and arena of services of the ... it.6. according to krishna iyer, j., in gujarat steel tubes ltd. v. its mazdoor sabha 1980-l.l.j. 137 'the jurat resolution of labour disputes must be sought in the law-life complex, beyond the factual blinkers, of decided cases, beneath the lexical littleness of statutory texts, in the economic basics of industrial justice which must enliven ...

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Nov 08 1990

Dewa Ram Vs. The State of Rajasthan and Ors.

  • Decided on : 08-Nov-1990

Court : Rajasthan

Reported in : 1990(2)WLN254

... schedule, the industry disputes act, 1947, has been included at serial number 3. section 3 provides that notwithstanding anything contained in any labour law, no such law shall be deemed to be applied to the famine relief work or to the employees working there under, in respect of any matter covered by ... the service conations; rather no condition for service has been laid down and if, therefore, the exemption has been given for the applicability of the labour laws in the famine relief work employees, then, in our view, it cannot be said to be an arbitrary or irrational. while deciding: whether the ... by the state government to provide relief to the persons affected by the drought and scarcity conditions. clause 2(c) provides the definition of 'labour laws' which means any of the enactment as article force in the state of rajasthan relating to the one specified in the schedule and in the ... been enacted with an object to provide an exemption to the employees of the famine relief work in the state from the applicability of the labour law because the famine relief work is a temporary work, which has to be under taken by the state government under special circumstances to give ... with full back wages. it has, further, been contended by the learned counsel for the petitioner that the rajasthan famine relief works employees (exemption from labour laws) act, 1964 (hereinafter referred to as 'the act, 1964') is violative of articles 14,16 and 21 of the constitution of india, as it ...

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Aug 29 1997

Rajasthan State Road Transport Corporation Vs. Ramavtar Sharma

  • Decided on : 29-Aug-1997

Court : Rajasthan

Reported in : (1998)ILLJ973Raj; 1997(3)WLC656

... exercising its supervisory jurisdiction under article 226 of the constitution over the orders and quasi judicial proceeding of an administrative authority-not being a proceeding under the industrial/labour law before an industrial/labour tribunal culminating in dismissal of the employee, the high court should ordinarily, in the event of the dismissal being found illegal, simply quash the same and should ... immediately before the dismissal is restored), such peculiar powers can properly be exercised in a case where the impugned adjudication or award has been given by an industrial tribunal or labour court.' 25. hence, the direction given by the learned single judge with regard to back wagesis also not sustainable. 26. the result of the above discussions is that ... should be with full back wages and with continuity of employment. in the instant case, the respondent-workman never raised an industrial dispute nor invoked the jurisdiction of the labour tribunal. he directly moved this court under article 226 of the constitution of india challenging his order of termination and the question of his entitlement to back wages has ... earlier adjudicated or recognised by the employer and thereafter for the purpose of implementation or enforcement thereof some ambiguity requires interpretation that the interpretation is treated as incidental to the labour court's power under section 33c(2) like that of the executing court's power to interpret the decree for the purpose of its execution.' 22. by the ...

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Nov 18 1976

The Executive Engineer, P.W.D. National High Way Division and Ors. Vs. ...

  • Decided on : 18-Nov-1976

Court : Rajasthan

Reported in : 1976WLN727

... the scope of definition of section 2(c). before the appellant can take advantage of section 3 it had to be shown that the labour law which the claimant invokes is covered within the schedule. it is nobody's case that the workmen compensation act is covered in the schedule. as the claim was under the ... the schedule. an argument had been raised in the lower court which was also pressed before me that the definition in section 2(c) of 1964 act includes all the labour laws which are in force in rajasthan in addition to the specific acts mentioned in the schedule. and thus the applicability of the act is excluded the argument is misconceived. the ... definition of labour law only encompassess those enactments which are in force in rajasthan relating to the labour and specified in 'he schedule. this obviously means that the enactments in force in rajasthan but not specified in the schedule are outside ... 's compensation act is not applicable to the famine relief workthe argument by mr. calla for the appellants is supported by evoking the rajasthan famine relief works employees (exemption from labour laws) act, 1964 (hereinafter to be called the '1964 act'). reference is placed on section 3 which says that not with standing anything contained in any ...

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May 10 1995

Mohammed Ismail Vs. The State of Raj. and Ors.

  • Decided on : 10-May-1995

Court : Rajasthan

Reported in : 1995(2)WLN491

... case, since the applicability of the act is excluded in the case of the employee engaged on the famine relief work by the rajasthan famine relief works employees (exemption from labour laws) act, 1964 as referred to above. since the provisions of the act are inapplicable to the petitioner the question of petitioner being considered as a workman falling within the definition ... . labour laws not to apply to famine relief works etc.:notwithstanding anything contained in any labour law no such law shall apply nor the same shall be deemed ever to have applied to the famine relief works or the employees there of in respect ... act is excluded in the case of the employees who are engaged on a particular project, i.e., famine relief work by the rajasthan famine relief works employees (exemption from labour laws) act, 1964 (here in after referred to as 'the act of 1964'). section 3 of the said act reads as under:3 ... of any matter covered by any such law.7. relying on the aforesaid provisions of the act, 1964, it was contended at the ...

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May 06 2009

Gopal Prasad Varshney Vs. Bank of Rajasthan Ltd.

  • Decided on : 06-May-2009

Court : Rajasthan

Reported in : (2009)IVLLJ225Raj; RLW2009(3)Raj2029; 2009(3)WLN571

... in not granting enhanced pension to the petitioner by the respondent bank and the remedy available to the petitioner is to seek redressal of his grievance in civil law or under the labour law enactments especially in view of the disputed questions involved as regards the status of employees and other matters.76. thus, in view of the ratio decided by ... the government.41. reliance has also been placed on the judgment rendered by the hon'ble supreme court in the case of air india statutory corporation and others v. united labour union and ors. reported in : (1997)illj1113sc . learned counsel for the petitioner has given much emphasize on para 25 and 26 of the judgment which read as follows:25 ... the purpose of development of agriculture, trade, commerce, industry and other productive activities in the rural areas, credit and other facilities, particularly to the small and marginal farmers, agricultural labourers, artisans and small entrepreneurs, and for matters connected therewith and incidental thereto.20. the respondent bank is also one of the sponsor bank and the petitioner has taken support of ... the u.p. cooperative societies act, 1965 and constituted under the u.p. cooperative land development bank act, 1964. but an examination of different provisions of the rules, bye-laws and regulations, unequivocally indicates that the state government exercises all-pervasive control over the bank and its employees are governed by statutory rules, prescribing an entire gamut of procedure of ...

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