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Judgment Search Results Home > Cases Phrase: industrial disputes act 1947 Page 1 of about 139,059 results (0.815 seconds)

Mar 17 1967 (HC)

Ambika Tobacco Company, Gondia Vs. Labour Court, Nagpur and ors.

Court : Mumbai

Reported in : (1968)70BOMLR159; [1968(17)FLR105]; (1968)IILLJ353Bom; 1968MhLJ10

..... the of the government publication of the industrial disputes act, 1947, and the industrial disputes (bombay) rules, 1957, published in 1966. these two notifications are as follows : 'industries and labour department, sachivalaya, bombay, 26 july, 1961. [industrial disputes act, 1947.] no. ida. 1161 (1) - lab. ii. - in exercise of the powers conferred by sub-section (7) of the industrial disputes act, 1947 (14 of 1947), the government of maharashtra hereby : ( ..... well-known provisions for retrenchment, lay-off compensation and terminal benefits, and they are not intended to be restricted to the right created in other parts of the industrial disputes act, 1947. we have, therefore, no difficulty in holding that it is not necessary for a workman legitimately to claim under s. 33c(2) that the benefit to ..... this does not restrict either in sub-section (1) or (2) of s. 33c that the claim should be with respect to anything claimable under the industrial disputes act, 1947. the very purpose for which the section was introduced in 1956 would be considerably frustrated if such an interpretation were to be accepted as regards the intention of ..... of this court. it will be necessary carefully to consider all these submission as, in our opinion, this petition raises an important question under the industrial disputes act, 1947. 7. the petitioner disputes the correctness of the finding recorded by the labour court that the respondent-workers are proved to be the employees of the petitioner and not of .....

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Mar 01 2000 (HC)

Bank of Madura Ltd. Vs. Union of India (Uoi) and ors.

Court : Patna

..... (no. 2) at dhanbad in reference no. 26 of 1994. the terms of the reference made under section 10(1)(d) of the industrial disputes act, 1947 are reproduced below: 'whether the demand of bank of madura employees union, patna for regularising shri anand kishore naugarhiya in the post of special assistant is justified. if so to ..... , on march 11, 1993 (that is, before issuance of the notification making the present reference) the management and the workmen entered into a settlement under section 18(1) of the industrial disputes act. some of the provisions of the settlement relevant for the present purpose were as follows: 1. the bank at its discretion shall create such number of post of special assistants ..... the workmen). 10. finally on may 6, 1994 the central government being the appropriate government issued the notification under section 10(1)(d) of the industrial disputes act making a reference of the industrial dispute for adjudication before the central government industrial tribunal (no. 2), dhanbad. 11. before examining the case of the parties on merits, it is necessary to take into account a parallel development ..... union is further said to have given a reminder in this regard to the management on july 11, 1993. receiving no response from the management, the local union raised an industrial dispute and on october 27, 1993 by taking the matter before the conciliation officer. 5. the management-respondent by taking away the workman concerned from the position of special assistant but .....

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Nov 13 1995 (HC)

President, Anath Mahila Ashram, Kolhapur Vs. Ajagaonkar J.G. (Smt.)

Court : Mumbai

Reported in : (1997)IIILLJ342aBom

..... award of the labour court, kolhapur, dated march 22, 1991 made in reference (ida) no. 29 of 1985 under the provisions of the industrial disputes act, 1947 (hereinafter referred to as 'the act'). 2.the petitioner is a public charitable trust which carries on the work of rehabilitation and relief of destitute women and children at kolhapur. the ..... (s) of the industrial disputes act .. yes3. whether the second party proves thatshe is wrongfully and illegallyterminated from service by thefirst party .. yes4. ..... illegally or unjustifiably, her service had come to an end by her act of voluntary resignation. 4. the labour court framed the following issues, tried and answered them as under : 'issues findings1. whether the first party employer isan industry for the purpose ofindustrial disputes act, 1947 .. yes2. whether the second party is aworkman within the meaning of section2 ..... of creeds, cults or inner sense of incongruity or outer sense of motivation for or resultant of the economic operations. the ideology of the act being industrial peace, regulation and resolution of industrial disputes between employer and workmen, the range of this statutory ideology must inform the reach of the statutory definition. nothing less, nothing more. (a .....

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Nov 14 1995 (HC)

The President, Anatha Mahila Ashram, Kolhapur Vs. Smt. J.G. Ajagaonkar

Court : Mumbai

Reported in : [1996(74)FLR2415]

..... against an award of the labour court, kolhapur, dated 22nd march, 1991 made in reference (ida) no. 29 of 1985 under the provision of the industrial disputes act, 1947 (hereinafter referred to as 'the act'). 2. the petitioner is a public charitable trust which carries on the work of rehabilitation and relief to destitute women and children at kolhapur. the managing ..... by invocation of creeds, cults or inner sense of incongruity or outer sense of motivation for or resultant of the economic operations. the ideology of the act being industrial peace, regulation and resolution of industrial disputes between employer and workmen, the range of this statutory ideology must inform the reach of the statutory definition. nothing less, nothing more. (a) the ..... issues, tried and answered them as under: 'issues findings1. whether the first party yesemployer is an industryfor the purpose ofindustrial disputes act,1947 ?2. whether the second yesparty is a workman withinthe meaning of section2(s) of the industrialdisputes act ?3. whether the second yesparty proves that she iswrongfully and illegallyterminated from serviceby the first party ?4. is the ..... about one year, and that too when the joint director of social welfare department, pune, intervened. 3. the respondent raised an industrial dispute for reinstatement in service with full back wages. the dispute was processed under the act and resulted in reference (ida) no. 29 of 1985 being made to the labour court at kolhapur. before the labour court .....

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Nov 06 2001 (HC)

State Bank of India Vs. Union of India (Uoi) and ors.

Court : Patna

..... to as 'the bank') seeking to challenge an award, dated may 15, 1997 (annexure-1) given by the central government industrial tribunal no. 1 at dhanbad on a reference made to it under section 10(1)(d) of the industrial disputes act, 1947. the dispute under reference was regarding the validity of the bank's action in terminating the services of thirteen individual workmen and the ..... bank's circular (ext. m/4). (5) the removal of the concerned workmen from service was, therefore, bad and violative of the provisions as contained in section 25f of the industrial disputes act, apart from the fact that the concerned workmen were entitled to regularisation in service in terms of the bank's scheme of absorption of purely temporary employees. 12. the tribunal ..... 15. in madhyamik shiksha parishad, u.p. v. anil kumar mishra and ors., air 1994 sc 1638 : 1994-ii-llj-977 the case arose not from a reference under the industrial disputes act but from a writ petition filed directly before the high court in which the high court in exercise of its writ jurisdiction gave a direction for regularisation of the concerned ..... selection process, this court is unable to find any fault with the tribunal's direction. it is well-settled that unlike ordinary courts the tribunal and the labour courts undertaking industrial adjudication have the authority and the jurisdiction to create rights and obligations between the parties beyond those existing under the subsisting contract.20. for the reasons discussed above, i see .....

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Sep 27 1999 (HC)

Management of Tata Iron and Steel Company Ltd. Vs. Presiding Officer, ...

Court : Patna

..... s.j. mukhopadhaya, j. 1. a petition under section 17b of the industrial disputes act, 1947 (i.d. act for short) has been filed on behalf of the general secretary, jamshedpur contractors' workers union, jamshedpur for payment of wages to ..... court will close after three weeks for d. d. holidays.12. in the aforesaid circumstances, instead of passing any interim order under section 17b of the industrial disputes act, i fix an early date of hearing for disposal of the case in question.13. accordingly, i direct the office to place the case for hearing ..... subsequently, the case was transferred to (sic) patna at the instance of the parties and fresh interlocutory application has been filed under section 17b of the industrial disputes act for payment of wages during the pendency of the case. on september 20, 1999, this court was in a mood to fix an early date of ..... that if for one or other reason, the case was not being taken up for hearing, the respondents may press the application under section 17b of the industrial disputes act. the parties were also given liberty to move hon'ble c.j. for transfer of the case to (sic) patna, as such impression was given ..... application on different counts. according to him, there being no reinstatement order the application under section 17b is not maintainable in the present case. further dispute was raised relating to relationship. it was submitted that the petitioner being not the employer and workmen being not its employees, in absence of such relationship .....

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Sep 04 1998 (HC)

Employees in Relation to Management of Hindustan Copper Limited Vs. Pr ...

Court : Patna

r.a. sharma, j. 1. the central government referred the following dispute under sub-section (2-a) of section 10 of the industrial disputes act, 1947 (hereinafter referred to as the act) to the central government industrial tribunal no. 1, dhanbad (hereinafter referred to as the tribunal).'whether the management was justified in awarding punishment of dismissal from service of shri madhesh sharma, ex-male ..... on record submitted a report holding the workman guilty of the charges. the employer accepted the inquiry report and dismissed the workman from service. the workman raised the belated industrial dispute after several years of his dismissal, which was referred by the central government, as mentioned hereinabove, to the tribunal, which answered the reference in his favour.5. the ..... tribunal in paragraph no. 13 of his award has observed that the certified standing orders, applicable to the establishment, classify acts of misconduct into two categories, namely, (i) flagrant misconduct; and (ii) less flagrant misconduct and has enumerated the misconduct falling into two categories. the following misconducts, as ..... the company's business or property;(iv) taking of bribes or any illegal gratification whatsoever;(vi) drunkenness or riotous or disorderly behaviour during working hours or any act subversive of discipline or efficiency;(vi) deliberate damage to work in process or to any other property of the company;(vii) breach of the mines .....

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Aug 25 1962 (HC)

Savatram Ramprasad Mills Co. Ltd. Vs. Baliram Ukandaji and ors.

Court : Mumbai

Reported in : AIR1963Bom189; (1963)65BOMLR91; ILR1963Bom594; (1963)ILLJ400Bom

..... constitution. in support of the petitions two points were raised and argued at length:(1) whether the industrial disputes act, 1947 (act xiv of 1947) is applicable to the textile industry in vidarbha region in view of the local act, viz., the c. p. and berar industrial disputes settlement act, 1947, being in operation in this region. (2) whether the labour court appointed under section 7 of ..... the operation of the c. p. and berar industrial disputes settlement act, 1947, in this region. we therefore hold that the provisions of the central industrial disputes act, 1947. are available to the respondents workers and that there is no repugnancy between any provisions of the c. p. and berar industrial disputes settlement ad and the industrial disputes act, 1947, as amended by parliament so far as the questions ..... certain monetary benefits are not given.38. the respondents have also urged that liberal construction ought to be put in interpreting provisions of chapter va of the industrial disputes act, 1947. the statute is designed to relieve hardship and in this connection our attention is invited to the decision of their lordships of the supreme court in associated ..... and jurisdiction of the labour court to adjudicate on the merits of the claim in the instant case. in this connection it is to be observed that the industrial disputes act. 1947, until it was amended in 1953 and 1956, did not provide any machinery or did not constitute any forum for enforcement of individual right of a workman .....

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Feb 21 2007 (HC)

Kanak Industries Vs. General Labour Union (Red Flag), a Trade Union, R ...

Court : Mumbai

Reported in : 2007(2)ALLMR477; 2007(5)BomCR286

..... that the complaint was barred by section 59 inasmuch as when the complaint was pending, conciliation proceedings had already been initiated under the industrial disputes act, 1947. subsequently, references were made under the industrial disputes act, 1947 covering 57 employees whereas the complaint of unfair labour practices related to 53 employees. upon the references being made, the union withdrew the ..... (1) and (2) of section 24 of the mrtu & pulp act, 1971, are either absent in sections 22 and 23 of the industrial disputes act, 1947 or the requirement is subject to conditions that are not found in the industrial disputes act, 1947. what is illegal under the industrial disputes act, 1947 in the context of a strike or a lockout is not necessary illegal ..... the court noted that when the union had initially filed a complaint, the objection of the management was that conciliation proceedings were already pending under the industrial disputes act, 1947 attracting the bar of section 59. when the complaints were withdrawn upon references being made, the management sought to challenge the maintainability of the references on ..... case the strike/lockout commenced without notice cannot be held to be illegal under the industrial disputes act, 1947; (iv) the provisions of section 25 of the mrtu & pulp act, 1971, of section 24 of the industrial disputes act, 1947 and other relevant provisions of the two acts have been rightly considered by the learned single judge in the judgment under appeal. the .....

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Nov 24 2000 (HC)

Bharat Petroleum Corporation Limited Vs. Petroleum Employees' Union an ...

Court : Mumbai

Reported in : 2001(2)BomCR464; (2001)1BOMLR693; (2001)IILLJ81Bom

..... that is how the industrial disputes act, 1947 was brought on the statute book.14. the industrial disputes act. 1947, (hereinafter referred to as the '1947 act'] is enacted to make provisions for the investigation and settlement of industrial disputes and for certain other purposes indicated in the preamble to the 1947 act. examination of the provisions of the 1947 act indicates that the act was brought on ..... of contract, nor common law. this is an obligation, which is prescribed under a special statute, namely. industrial disputes act. 1947. we see no reason why this cannot constitute an 'industrial dispute' within the meaning of section 2(k) of the industrial disputes act, 1947. in proposition (2) (supra). the supreme court clearly ruled out resort to a civil suit in such ..... of petroleum products was disrupted resulting in inconvenience to the public.4. the appellant by now realised that, notwithstanding the provisions of section 22 of the industrial disputes act, 1947, the workmen and the unions proposed to continue the strike despite the pending conciliation proceedings.5. on 20th october, 2000, the appellant filed a suit ..... on the part of the appellant corporation. this strike notice was received by the appellant on 17th october, 2000. as required under the provisions of the industrial disputes act, 1947, a copy of the strike notice was endorsed simultaneously to the central government conciliation officer. the assistant commissioner of labour (central government), mumbai, took the .....

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