Court : Punjab and Haryana
Decided on : Oct-10-2001
Reported in : [2003(96)FLR854]; (2003)ILLJ1100P& H; (2003)133PLR247
m.m. kumar, j. 1. this appeal is directed against judgment dated 23.1.1992 of the learned single judge vide which he dismissed c.w.p. no. 15602 of 1995 filed by the appellants against order dated 12.12.1989 passed by industrial tribunal, punjab (for short, 'the tribunal') on an application filed by respondent no. 2 under section 33(1) of the industrial disputes act, 1947 (for short, 'the act').2. the facts:in the year 1975-76, the management of respondent no. 2 reduced the bonus payable to the employees. the workers union approached the management for restoration of the bonus but failed in its attempt. consequently, all the employees up to the level of foremen went on strike w.e.f. 11.8.1979. the strike was called off on 15.7.1979 in the wake of assurance given by the management. thereafter, the management charge-sheeted 12 of the workers including the appellants who were office bearers of the union. the appellants and other workers controverted the charge that they had incited the workers to go on strike. the management of respondent no. 2 did not accept their reply and entrusted the enquiries to shri s.k. heeraji, standing counsel of the company and his associate shri b.k. gupta, advocate. the request made by the workmen for permission to seek assistance from the workman of another establishment was rejected by the management. their prayer for holding a joint enquiry was also rejected. the enquiry officers submitted reports with the finding that the charge levelled against .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-26-2001
Reported in : [2003(96)FLR202]; (2002)IIILLJ649P& H
g.s. singhvi, j. 1. this is an appeal against order dated 27.7.1993 vide which the learned single judge dismissed c.w.p. no. 82 of 1992 filed by the appellant for quashing the applications filed by respondent no. 2 under section 33-c(2) of the industrial disputes act, 1947 (for short, the 1947 act) and notices dated 14.11.1991 and 26.11.1991 issued by the presiding officer, labour court, bhatinda (respondent no. 1). 2. respondent no. 2- babu ram bansal submitted two applications under section 17(1) of the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 (for short, the 1955 act) to the secretary to the government of punjab, labour and employment department, chandigarh for recovery of rs. 66766.30 and rs. 64359.60 from the dainik tribune, chandigarh and the punjabi tribune, chandigarh respectively claiming that the said amount was due to him on account of mandatory monthly retainer allowance as per palekar wage board award. in its reply the appellant raised several objections including the one relating to the jurisdiction of the government of punjab to entertain the applications and after considering the same, the labour commissioner, punjab informed respondent no. 2 that as per rule 36 of the working jorunalists and other newspaper employees (conditions of service) and miscellaneous provisions rules, 1957 (for short, the 1957 rules), his case fell within the jurisdiction of union territory administration, .....Tag this Judgment!