Skip to content


Search Results Judgments > Act:KARNATAKA INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) ACT 1963 Section 11A Page:2

Nov 26 2008

Divisional Secretary, Maharashtra State Board of Secondary and Seconda ...

  • Decided on : 26-Nov-2008

Court : Mumbai

Reported in : 2008(111)BomLR147

... further states that the constitutional bench judgment of Hon'ble Apex Court in Secretary State of Karnataka (supra) does not deal with the aspect of violation of Section 25F of the Industrial Disputes Act and reinstatement, but it only considers the question of regularisation. He contends that Section 25F is applicable to casual employee as also part time employee and hence it is not necessary ... Appellant there did not use law as laid down in Secretary, State of Karnataka v. Umadevi (supra) at all. The Hon. Division Bench has considered the challenge in the light of arguments & upheld the relief of reinstatement by observing that completion of service of 240 days was established, the plea of seasonal or casual nature of employment was not raised before lower ... the basis that there had been a violation of Sections 25G and 25H of the Act, but, the same by itself, in our opinion, would not mean that the Labour Court should have passed an Award of re-instatement with entire back wages. This Court time and again has held that the jurisdiction under Section 11A must be exercised judiciously. The workman must be ... case of Secretary, State of Karnataka v. Umadevi (supra). Observations in AIIMS v. Raj Singh and Ors. [supra], expressing a view to the contrary therefore can not be accepted to be correct after this judgment.D. In case of Jaipur Development Authority v. Ramsahai and Anr. : (2006)11SCC684 , only for violation of Section 25G and 25H of Industrial Disputes Act, 1947 the relief of ...

Oct 11 1999

Kamala Nehru Memorial Hospital, Allahabad Vs. Presiding Officer, Labou ...

  • Decided on : 11-Oct-1999

Court : Allahabad

Reported in : 2000(1)AWC171

... this decision observed : 'The Industrial Tribunal Labour Court should particularly bear in mind the provisions of Section 11A of the Central Act and Section 6 (2A) of the U. P. Act (U. P. Industrial Disputes Act), and remember that the main purpose of creating a forum for industrial adjudication is to avoid delay ... word 'industry' was attempted to be given followed by legislative changes in the Industrial Disputes Act, it was thought that the Management or Establishments would give up their old habit of raising preliminary issues in Industrial References as to 'whether they are an 'Industry' within the meaning of the Industrial Disputes Act ... to an end at the earliest.' 12. The learned counsel for the petitioner relied upon the decision of a Division Bench of Karnataka High Court in Management, Rangaswamy and Co. v. D.V. Jagadish, Major and another, 1990 (61) FLR 584, where an order was ... delay may lead to misery and jeopardise industrial peace, should decide all issues in dispute at the same time without trying some of them as preliminary issues.' Twelve years after this decision, the similar observation has been made in National Council for Cement and Building Materials v. ... In Management of Express Newspapers (Private) Ltd. v. The Workers and others, AIR 1963 SC 569, the facts were that the Madras Government referred the dispute to the Industrial Tribunal. Madras for its adjudication two industrial issues which had arisen between the parties. This order was challenged in ...

May 14 2009

Pepsu Road Transport Corporation through its Managing Director Vs. The ...

  • Decided on : 14-May-2009

Court : Punjab and Haryana

Reported in : (2009)155PLR548

... not, by exercising its power under Section 11A of the Industrial Disputes Act, force an employee on the Management, who is unwelcome in the establishment or organization. This would neither be in the interest of the employee or the Management nor will it be healthy for the industrial environment. Thus, power under Section 11A of the Industrial Disputes Act needs to be exercised only in exceptional ... funds, exercise of powers under Section 11A of the Act by the Labour Court in substituting the punishment and reinstating an employee would not be justified. The Labour Court cannot force upon an employer a dishonest employee, on which the employer has lost faith and confidence. The Hon'ble Supreme Court in the cases of Karnataka State Road Transport Corporation ( ... , as held by the Management, was fair and proper.5. On issue No. 2, the Labour Court proceeded to exercise its powers under Section 11A of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). While exercising the said powers, the Labour Court observed that it had the jurisdiction and power to substitute the measure of punishment in place ... sympathy or compassion specially in those cases, where the employer loses its confidence viz-a-viz the employee.13. Whenever the Labour Court invokes its power under Section 11A of the Industrial Disputes Act, due care and caution is required to be taken as the said power is discretionary, requiring the Court its exercise judiciously. The Labour Court cannot exercise ...

Jul 30 2007

Ram Gulam Vs. Haryana Diary Development Cooperative Federation Limited ...

  • Decided on : 30-Jul-2007

Court : Punjab and Haryana

Reported in : [2008(116)FLR294]; (2008)ILLJ647P& H; (2007)4PLR416

... by way of sympathy alone exercise the power under Section 11A of the Act and reduce the punishment.12. In the case Hombe Gowda Educational Trust and Anr. v. State of Karnataka and Ors. : (2006)ILLJ1004SC , the Hon'ble Apex Court held as follows:The Tribunal's jurisdiction is akin to one under Section 11A of the Industrial Disputes Act. While exercising such discretionary jurisdiction, no doubt ... misconduct. In the instant case, the employee has remained absent for a period of 11 months as observed by the Inquiry Officer and the Labour Court. This misconduct has been established against him. Nothing has been brought on record which may persuade this Court to interfere with the quantum of punishment except one allegation made in paragraph 12 of the ... after the introduction of Section 11A in the Act is concerned, the Hon'ble Supreme Court has considered the same in the case of Mahindra and Mahindra Ltd. v. N.B. Narawade : (2005)ILLJ1129SC , and held as under:It is no doubt true that after introduction of Section 11A in the Industrial Disputes Act, certain amount of discretion is vested with the Labour Court/Industrial Tribunal in ... Court referred to herein above and it is certainly not unlimited as has been observed by the Division Bench of the High Court. The discretion which can be exercised under Section 11A is available only on the existence of certain factors like punishment being disproportionate to the gravity of misconduct so as to disturb the conscience of the court, or the ...

Mar 31 1999

H.S. Chandra Shekara Chari Vs. The Divisional Controller, KSRTC & Anr. ...

  • Decided on : 31-Mar-1999

Court : Supreme Court of India

Reported in : AIR1999SC1843; [1999(82)FLR411]; JT1999(3)SC382; (1999)ILLJ1322SC; 1999(3)SCALE49; (1999)4SCC611; [1999]2SCR284; 1999(2)LC834(SC)

... were not established, it was not open to the learned Single Judge, who had rightly refused to re-appraise the evidence, to say that with better proof the charges could have been established. The learned Single Judge had no jurisdiction, not even under Section 11A of the Industrial Disputes Act, 1947, to enter into the question whether the charges could have been established by ... Labour Court and the Labour Court by its Award dated 1st August, 1994, directed as under:Claim statement filed by the 1st party workman under Section 10(4-A) of the Industrial Disputes Act, 1947 (Karnataka Amendment Act, 1987) for his re-instatement into service with continuity and for back wages is allowed and is accepted. Second party Management is not justified ... been established. The learned Single Judge had no jurisdiction, not even under Section 11A of the Industrial Disputes Act, 1947, to enter into the question whether the charges could have been established by better or further evidence. That is not the function of the court or any quasi-judicial authority. If it is found as a fact that charges are not established, then ... , which summarily dismissed the writ appeal, cannot be sustained for the simple reason that while the Labour Court, after holding that the charges against the appellant were not established, proceeded to direct reinstatement with back wages, the Single Judge, while refusing to go into the appreciation of evidence, considered only one question, namely, the question relating to ...

Sep 21 2000

Janatha Bazar (South Kanara Central Co-operative Whole Sale Stores Lim ...

  • Decided on : 21-Sep-2000

Court : Supreme Court of India

Reported in : AIR2000SC3129; [2000(87)FLR483]; JT2000(10)SC589; (2000)IILLJ1395SC; 2000(6)SCALE446; (2000)7SCC517; [2000]Supp3SCR367

... 1-1995 held that the charges of breach of trust and misappropriation by the employees were proved. However, the Labour Court in exercise of its discretionary power under Section 11A of the Act ordered their reinstatement with 25% of back wages. The Labour Court further ordered for continuity of their service by imposing penalty of stoppage of 5 increments with cumulative ... charges of breach of trust and misappropriation of goods for the value given in the said charges had been clearly established. Apparently, it would bean unjustified direction to reinstate an employee against whom charge of misappropriation is established. A proved act of misappropriation cannot be taken lightly even though number of such misappropriation cases remain undisclosed and such employees or ... or part of back wages.4. The matrix of the facts as culled out from the case are that the appellant is a Cooperative Society registered under the Karnataka Co-operative Societies Act, 1959, The Management charged four of its employees, namely Smt. Seetha B., Sri D. Chandrashekhar, Sri Madhukar Shetty and Sri B. Damodhar Naik, with breach of ... an enquiry, the management dismissed all the above employees. Thereafter, the employees' Union raised an industrial dispute and on 26.6.1981 a reference was made by the Government to the Labour Court, Mangalore, under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') in I.D. No. 45/1981. The Labour Court considered the documentary evidence ...

Dec 16 2005

Hombe Gowda Edn. Trust and Anr. Vs. State of Karnataka and Ors.

  • Decided on : 16-Dec-2005

Court : Supreme Court of India

Reported in : [2006(108)FLR584]; [2006(2)JCR24(SC)]; JT2005(10)SC598; (2006)ILLJ1004SC; RLW2006(1)SC632; (2006)1SCC430; 2006(2)SLJ272(SC)

... v. Bihar Colliery Kamgar Union : (2005)ILLJ1135SC , the law has been laid down in the following terms:'It is well-established principle in law that in a given circumstance it is open to the Industrial Tribunal acting under Section 11A of the Industrial Disputes Act, 1947 has the jurisdiction to interfere with the punishment awarded in the domestic inquiry for good and valid reasons. ... 2 herein. The said institution is under the management of the Appellant No. 1.2. The private institutions in the State of Karnataka are governed by the Karnataka Private Educational Institutions (Discipline and Control) Act, 1975, (for short, ' the Act').3. The Respondent No. 3 herein was subjected to a disciplinary proceeding on an allegation that he had assaulted the Principal ... a grave provocation, but as noticed hereinbefore, the Tribunal as also the High Court categorically held that the charges against him were established.13. The Tribunal's jurisdiction is akin to one under Section 11A of the Industrial Disputes Act. While exercising such discretionary jurisdiction, no doubt it is open to the Tribunal to substitute one punishment by another; but it ... Section 8 of the said Act. The said Tribunal is constituted in terms of Section 10 thereof. The proceeding before the said Tribunal by a legal fiction is treated to be a judicial proceeding. It is not in dispute that the Appellant No. 2 received grant-in-aid from the State of Karnataka in terms of the Grant-in-Aid Code framed by the Karnataka ...

May 12 1994

Mahavir Singh Vs. Delhi Transport Corporation

  • Decided on : 12-May-1994

Court : Delhi

Reported in : [1995(71)FLR535]; ILR1995Delhi529

... Ors. : (1973)ILLJ278SC . In that case it was held that even after Section 11A of the Act, the employer has got right to justify his action and adduce evidence before the Labour Court even in case where no domestic enquiry held.14. He also place reliance on the decision of Karnataka High Court in the Case of VISL Contract Workers Association v. Visvesaraya Iron ... respondent under the Regulation, this would give rise to an industrial dispute and such an industrial dispute can be tried only by the special court established and constituted under Section 7 of the Act. By virtue of Section 2-A, it shall be deemed to be an industrial dispute, rather under Sub-section 2-A of Section 10 of the Act, a duty has been cast on the Labour Court ... so can affect any; person even a private individual - and be available for any (other) purpose - even one for which another remedy may exist. The amendment to Article 226 in 1963 inserting article 226(1A) reiterates the targets of the writ power as inclusive of any person by the expressive reference to the residence of such person.' The Supreme Court ... industrial dispute. Since the petitioner is alleging impropriety and illegality of the order passed by the respondent under the Regulation, this would give rise to an industrial dispute and such an industrial dispute can be tried only by the special court established and constituted under Section 7 of the Act. By virtue of Section 2-A, it shall be deemed to be an industrial dispute, rather under Sub-section ...

Apr 06 2006

Cochin Shipyard Ltd. Vs. Industrial Tribunal

  • Decided on : 06-Apr-2006

Court : Kerala

Reported in : [2006(110)FLR732]; 2006(2)KLT825; (2006)IIILLJ736Ker

... in the matter under Section 11A of the Act. Section 11A of the Act is as follows:11A. Power of Labour Courts, Tribunals and National Tribunals to give appropriate Relief in case of discharge or dismissal of Workman: Where an industrial dispute relating to the discharge or dismissal of a workmen has been referred to a Labour Court; Tribunal or National Tribunal for adjudication and ... This Court also pointed out that when charges proved were grave, vis-a-vis the establishment, interference with punishment of dismissal could not be justified.The Apex Court again considered reduction of punishment by the Industrial Tribunal by using the powers under Section 11A and affirmed by the High Court in writ petition in fife Insurance Corporation of India v. ... Court held that acquittal in the criminal case or only small amount is involved was inconsequential in interfering with the punishment and it followed its earlier decision-in Karnataka State Road Transport Corporation v. B.S. Hullikatti : (2001)ILLJ725SC and South Bengal State Transport Corporation v. Swapan Kumar Mitra and Ors. 2006 (1) Supreme 697. In ... wholly illegal. Considering the nature of misconducts, the management has lost confidence in him and the Tribunal exceeded the jurisdiction vested in him under Section 11A of the Industrial Disputes Act (for short 'the Act') in interfering with the punishment imposed by the management. Learned single Judge found that the findings of the enquiry officer was correct and misconduct was ...

Jan 09 1996

Saraf Textile Workers Union Vs. State of Rajasthan and Ors.

  • Decided on : 09-Jan-1996

Court : Rajasthan

Reported in : [1997(75)FLR445]; (1996)IILLJ841Raj

... industrial establishment. The workmen will also not resort to strike and shall make every endeavour to increase the productivity in the industry. 4. This order shall remain effective for a period of one year from the date of its issuance. By OrderGovernorSD/-(K.L. Kochhar)Spl. Secretary (A)'5. It will be appropriate to refer to the provisions of Section 10-K of the Act ... been placed by the learned counsel on the judgment of Karnataka High Court in the matter of A.R. Kavi v. Karnataka Agro Industries Corporation and Ors. reported in 1993-LLR-482, wherein the similar question had arisen for consideration of the Karnataka High Court. In this case the appellant, an ... uniforms in each year. 8. All the workmen should be given P.L. & C.L. benefit and should also be given atleast 12 gazetted holidays in a year as per rules. 9. All the workmen should be given overtime allowance. 10. The benefit of bonus for the year ... have awarded the lesser punishment which the circumstances of the case may so warrant, which course has not been adopted in this case.11A. In reply to the writ petition, the respondent No. 1 State has contended that the Conciliation Officer as well as the Joint Labour ... its General Secretary Shri Madan Singh, contending inter-alia that the petitioner is a union of the workmen employed in the industrial establishment of M/s Saraf Textile Industries Ltd., Sanganer, Jaipur - respondent No. 2, which is affiliated to the Rajasthan Trade Union Kendra, Jaipur. A charter of demands ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //