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Search Results Judgments > Phrase:Labour Law Court:Rajasthan

Jul 23 2002

Bhawani Singh Vs. State and Ors.

  • Decided on : 23-Jul-2002

Court : Rajasthan

Reported in : RLW2003(3)Raj1755; 2002(5)WLN269

... Court held that State of Haryana cannot be permitted to deny benefits of various social welfare and labour laws enacted with a view to enabling them to live a life of human dignity. The State must therefore ensure that the employers observe various social welfare and labour laws enacted for the benefit of the workmen. This is a constitutional obligation which can be ... of various social welfare and labour laws enacted by parliament for the purpose of securing to the workmen a life of basic human dignity in compliance with the Directive Principles of State Policy.' 82. With these premise the Court held that State of Haryana cannot be permitted to deny benefits of various social welfare and labour laws enacted with a view to ... therefore ensure that the employers observe various social welfare and labour laws enacted for the benefit of the workmen. This is a constitutional obligation which can be enforced against the Central Government and the State by a writ petition under Article 32 of the Constitution.' 83. Thus the implementation of law to give effect to Directive Principles of State Policy are ... to give effect to welfare laws made to give effect to such policy. In such circumstances, when Parliament makes law in that direction and State legislature retraces its step to carry out obligation under such laws, the same cannot but be ultra vires the Constitution. 139. Industrial Disputes Act, 1947 was law enacted by the Parliament as a labour welfare legislation in respect ...

Mar 12 1984

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

  • Decided on : 12-Mar-1984

Court : Rajasthan

Reported in : (1985)ILLJ111Raj

... 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 ... 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 the consciousness of the Court and the corpus juris'. Krishna Iyer, J., further observed as under (Para 2):This Court has developed labour law ... of workers emancipation from exploitation resulting in new concepts of 'status', 'security of service', 'releases from bonded labour'. Not to talk of Karl Marx or Lenin, even Abraham Lincoln and Roosvelt pleaded for 'Dignity of Labour', 'Equality', Dueprocess of law, and that resulted in New Deal Legislations, Inspired by Mahatma Gandhi, the Founding fathers of the great ... 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 ...

Oct 24 1997

Rajasthan State Road Transport Corporation Vs. Gopal Singh and Anr.

  • Decided on : 24-Oct-1997

Court : Rajasthan

Reported in : (1999)IIILLJ810Raj; 1998(1)WLC1; 1997(2)WLN658

... each case may be distinguishable and may not be identical with the later one. It is more or less an acknowledged principle of law that where the Labour Court finds the punishment/penalty shocking the conscience, harsh or unreasonable, it is bound to act as a matter of course, ... the Industrial Disputes Act where the misconduct is proved but the ends of justice demands a lesser punishment in accordance with law. That is all about the Labour Court or the Industrial Tribunal exercising the powers under Section 11A of the Industrial Disputes Act where the misconduct is ... Labour Court, Tribunal or National Tribunal, the law is indeed clear. As a general rule, the High Court would not interfere unless the order of the Labour Court, Tribunal or National Tribunal is perverse or not based on any evidence or grossly illegal or based on a complete misconception of law or that no reasonable man would come to the conclusion to which the Labour ... the legality of the award, the reason given by the Labour Court is no reason in the eye of law particularly when the workman had been punished for misconduct on earlier two occasions and the award of the Labour Court was accordingly set aside to the extent of reinstating ... to demolish the impugned award which according to its opinion is palpably erroneous and remit the matter to Labour Court, Tribunal or National Tribunal for fresh disposal in accordance with law instead of substituting with its own award in place of one made by such Tribunal.(d) WHETHER ...

Apr 08 1985

The State of Rajasthan and Ors. Vs. Duduwala and Company

  • Decided on : 08-Apr-1985

Court : Rajasthan

Reported in : 1985(1)WLN715

... development and enacting laws in respect of welfare of labour employed in mines and oil fields.29. Although the learned Single Judge has rightly held that the State legislature has no power to enact any law in respect of welfare of labour employed in mines and the Parliament alone had the exclusive jurisdiction to make laws in respect of conditions of employment of labour employed ... enact laws in respect of regulating mines and mineral development and enacting laws in respect of welfare of labour employed in mines and oil fields.29. Although the learned Single Judge has rightly held that the State legislature has no power to enact any law in respect of welfare of labour employed in mines and the Parliament alone had the exclusive jurisdiction to make laws ... to enact laws regulating labour and safety in mines and oil fields. The learned Judge held that the Minimum Wages Act was enacted for the welfare of labour and as such only Parliament was competent to amend the principal Act in respect of labour working in the mines and that the State Legislature was not competent to enact a law regulating the conditions of labour ... Minimum Wages Act, although it could be said that the State legislature had no power to make laws relating to regulation of mines or regulation of labour Working in mines. In other words, the laws which may be made by the State legislature affecting welfare of labour, by enacting provisions for fixation of rates of minimum wages in scheduled employments, may not be ...

Nov 08 1990

Dewa Ram Vs. The State of Rajasthan and Ors.

  • Decided on : 08-Nov-1990

Court : Rajasthan

Reported in : 1990(2)WLN254

... the respondents, further, is that in view of Section 3 of the Rajasthan Famine Relief Work Employees (Exemption from Labour Laws) Act, 1964 (Act No. XXI of 1964) the applicability of labour laws to the famine relief works is exempted, therefore, the Act of 1947 is not applicable in the case ... take cognizance of any matter in respect of an employee of the famine relief works under any labour law. Section 3 of the Act, thus, specifically exempts the applicability of any labour laws including the Industrial Disputes Act, to the famine relief Work. Whether the Act is violative of Articles ... to the areas affected by the drought and scanity conditions, famine separations are conducted and if exemption from the labour laws has been given by this Act to the applicability of the labour laws in the famine relief work, then the text of the reasonableness and rationale principle, co-related with ... 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 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 ... of India? The Rajasthan Famine Relief Work Employees (Exemption from Labour Laws) Act, 1964 was enacted with a view to provide exemption to the employees of the famine relief work in the State from the applicability of the labour laws. Section 2(b) of the Act defines 'famine relief work' ...

Feb 26 2009

Suptd. Engineer P.W.D. and Ors. Vs. The Judge, Labour Court and Anr.

  • Decided on : 26-Feb-2009

Court : Rajasthan

Reported in : RLW2009(4)Raj3117

... exempted from the provisions of labour laws.9. Before proceeding further it would be relevant to refer the Section 3 of the Act of 1964 which is as follows:The Rajasthan Femine Relife Works Employees (exemption from Labour Laws) Act, 1964.1. ....2. ....3. Labour laws not to apply femine relief works etc.,Notwithstanding anything contained in any - labour law, no such law shall apply nor the ... is as follows:The Rajasthan Femine Relife Works Employees (exemption from Labour Laws) Act, 1964.1. ....2. ....3. Labour laws not to apply femine 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 any matter covered by any such law.4. Bar of cognizance of courts.- (1) As from the ... from Labour Laws) Act, 1964 and notification issued on May 1988 whereby the Femine Relief Works has been exempted from the provisions of labour laws.9. Before proceeding further it would be relevant to refer the Section 3 of the Act of 1964 which is as follows:The Rajasthan Femine Relife Works Employees (exemption from Labour Laws) Act, 1964.1. ....2. ....3. Labour laws not to ... relief works under labour law.(2) All proceedings instituted by or on behalf of or for the benefit or any employee of the femine relief works pending in any court under any labour law at the date of commencement of this Act shall be void and dismissed.(3) Any order, decision or award given by any court, under any labour law after the commencement ...

Nov 09 1972

The Jaipur Spinning and Weaving Mills Ltd. Vs. The State of Rajasthan ...

  • Decided on : 09-Nov-1972

Court : Rajasthan

Reported in : 1972WLN1097

... labour dispute or of an unfair labour practice would be to put premium on resort to force instead of legal remedies. In a democratic society where rule of law is the very foundation of the order of the society, it cannot be permitted by the courts that the labour should resort to such practises which may go to violate the provisions of law ... a crime and to sit idle till a violent attitude is adopted by the labour. If the management had asserted its right to drive the labour out of the mills, then there was every likelihood that the situation of law and order would have deteriorated. Without the aid of the police force, the ... unlawful action. According to him, the police has been quite vigilant in giving relief to (he mill owners whenever they found that the law has been violated by the labour. I need not go into this question whether the police has acted with diligence or not, but in the present circumstances, from ... on the other hand, a false charge is levelled against the police that it is not discharging its duties for keeping law and order, especially when the activities of the labourers in pressing their demands are quite peaceful. It was also contended by Mr. Purohit that this Court in the exercise of ... with demands. To justify such conduct because of the existence of a labour dispute or of an unfair labour practice would be to put a premium on resort to force instead of legal remedies and to subvert the principles of law and order which lie at the foundations of society.29. These ...

Feb 13 2002

Municipal Board Vs. Harish Chandra Joshi and Ors.

  • Decided on : 13-Feb-2002

Court : Rajasthan

Reported in : 2002(3)WLC122; 2002(4)WLN92

... law, the provisions of the Act, 1947 are attracted as Section 25-J provides that provisions contained in Chapter V-A of the Act, 1947 would have over-riding effect on other Labour Laws. This view stands fortified by the judgments of the Hon'ble Supreme Court in R.B. Bansilal Abeerchand Mills v. Labour ... . 4. Learned counsel appearing for the petitioner Board and State-respondent No.3 have raised the same questions of facts and law which had been raised before the Labour Court, including the competence of the Chairman to appoint the respondent-workman and also that he was not a 'workman' ... the workman without following the procedure established by law. Services of the workman were terminated vide order dated 18.11.1994 (Annex.5). As in between the Labour Court, Bikaner had passed certain orders, it was directed that payment in accordance with law should be made to him he was paid ... 'decision making procedure' and not the 'decision' of the Labour Court/Tribunal. This Court, not being a Court of Appeal, should not substitute its view on factual aspects of the case. The Court can review to correct errors of law or fundamental procedural requirements which may lead to manifest ... , between capital and labour; (iv) it must be done as a commercial transaction; and (v) it must not be in exercise of purely governmental functions. The Court further held that sovereign functions are those which are inalienable and inescapable, such as legislative power, administration of law and exercise of ...

Mar 27 1991

Derby Textiles Ltd. Vs. Mahamantri, Derby Textiles Karmachari and Shra ...

  • Decided on : 27-Mar-1991

Court : Rajasthan

Reported in : (1994)IIILLJ528Raj; 1991(1)WLN256; 1991(2)WLN99

... that in a fast developing branch of industrial and labour law, it may not always be of particular importance to rigidly adhere to a precedent, and precedent may need be departed from if the basis of legislation changes. It was, therefore, contended by Shri Mohan Poonamiya that in this particular branch of industrial and labour law, which deals with human relationship between the employer ... claim assistance of another representative of an unrecognised Union. According to him, these decisions have to be ignored in the context of the fast developing concept of the industrial and labour law. These two decisions were considered by their lordships of the Supreme Court in C.L. Subramanian's case (supra), wherein it has been observed that if the Govt. has appointed ... the scope of the ratio decidendi in the earlier case specially in the fast developing branch of labour and industrial law. This is what has been observed by their lordships of the Supreme Court in Punjab Land Development and Reclamation Corporation Ltd, v. Presiding Officer, Labour Court : 1990 (2) LLJ 70 wherein the earlier decision of the Constitution Bench in Hari Prasad's ... and the impugned judgments of the learned Industrial Tribunal and Labour Court, Jodhpur dated 16.6.1989 as also of the learned single Judge dated 4.9.1989 are set aside and the case is remanded back to the learned Industrial Tribunal and Labour Court, Jodhpur for deciding it on merits according to law.41. In the facts and circumstances of this case ...

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

... law (emphasis supplied). The argument of Mr Calla is that as Section 3 exempts the applicability of any labour law to the famine relief work provisions of the Act are not attracted because the same are labour law. No doubt the Act is a labour law ... labour law, no such law shall apply nor the same shall be deemed ever to have applied to the famine relief work or the employees thereof in respect of any matter covered by any such law (emphasis supplied). The argument of Mr Calla is that as Section 3 exempts the applicability of any labour law ... labour law. No doubt the Act is a labour law as broadly understood & had there been no contrary indication in the 1964 Act the argument, unfortunate as it may have been to workman's interest may have had some force. But this argument is not supported by reading of the 1981 Act. Section 2(c) of the 1934 Act defines 'labour law ... 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 labour law, no such law shall apply nor the same shall be deemed ever to have applied to the famine relief work or the employees thereof in respect of any matter covered by any such law ...

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