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Judgment Search Results Home > Cases Phrase: the industrial disputes act 1947 Court: kolkata Page 1 of about 905 results (0.036 seconds)

Jan 16 2007 (HC)

Standard Chartered Grindlays Bank Retired Employees Association and or ...

Court : Kolkata

Reported in : 2007(2)CHN66,(2007)2LLJ887Cal

..... decided that a retired workman can be a party to a settlement or can raise a dispute under the industrial disputes act, 1947.16. since i have come to a conclusion that a retired employee cannot raise any industrial dispute within the purview of the industrial disputes act 1947, no useful purpose will be served in deciding the other issues raised in this writ ..... a retired employee cannot be included in the definition of workman for the purpose of industrial disputes act, 1947. further, coming back to the provisions of sub-section (k) of section 2 of the industrial disputes act, 1947, in my opinion, the industrial dispute means and includes any dispute or difference between the employers and workmen. as such the workmen are entitled to ..... for my consideration is whether a retired employee can raise an industrial dispute under the provisions of sub-section (k) of section 2 of the industrial disputes act, 1947. for that purpose the provisions of sub-section (k) of section 2 of the industrial disputes act, 1947 are quoted below:(k) 'industrial dispute' means any dispute or difference between employers and employers, or between employers and ..... the basis of a settlement entered on november 20, 1997 under section 2(b) read with section 18(1) of the industrial disputes act, 1947 (hereinafter referred to as the said act) read with rule 58 of the industrial disputes (central) rules, 1957 between the anz grindlays bank ltd., and all india grindlays bank employees association, the pension of all .....

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Dec 04 2006 (HC)

Hindustan Lever Ltd. Vs. Ivth Industrial Tribunal and ors.

Court : Kolkata

Reported in : [2007(113)FLR1090]

..... , kolkata-700 060 relating to the undermentioned issues being matters specified in the third schedule to the industrial disputes art, 1947 (14 of 1947); and whereas it is expedient that the said dispute should be referred to an industrial tribunal constituted under section 7-a of the industrial disputes act, 1947 (14 of 1947);now, therefore, in exercise of the power conferred by section 10, read with section 2-a of ..... relationship with the management, such ex-employees cannot claim to be workmen as a contemplated under section 2(s) of the industrial disputes act, 1947 and the issues raised cannot be subject-matter of an industrial dispute under section 2-a of the said act of 1947. for ready reference the order of reference is quoted bellow:government of west bengallabour departmenti.r. branchno. 247-ir dated: 6 ..... on behalf of the retired employees cannot be said to be an industrial dispute. the said learned counsel relied upon the definition of industrial dispute as defined in section 2(k) of the industrial disputes act, 1947. section 2(k) of the said act is as follows:2(k). 'industrial dispute' means any dispute or difference between employers and employers or between employers and workmen, or between workmen and workmen, which is .....

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Feb 10 2006 (HC)

Birla Corporation Ltd. Vs. First Industrial Tribunal and ors.

Court : Kolkata

Reported in : 2006(2)CHN13,[2006(110)FLR136],(2006)IIILLJ84Cal

..... lockout at their unit at 102, narkeldanga main road, kolkata-700054 with effect from 29th march, 2004.5. in exercise of the power conferred by section 10(3) of the industrial disputes act, 1947, the governor was pleased to prohibit the continuance of suspension of work, i.e., lockout in the said unit of the petitioner company. the said decision was communicated by the ..... quoted above. according to the appropriate government, shifting of the jute mill from narkeldanga to birlapur amounts to an industrial dispute specified in the third schedule to the industrial disputes act, 1947.36. eleven (11) items of industrial disputes are specified in the third schedule of the said act. shifting of a mill and/or factory from one place to another is not included in either of the said ..... to proposed shifting of soorah jute mill from 102, narkeldanga main road, kolkata to birlapur, 24-parganas (south) to the industrial tribunal for adjudication under section 10 of the industrial disputes act, 1947, has been challenged in this writ petition.2. incidentally an order passed by the deputy secretary to the government of west bengal prohibiting the continuance of suspension, i.e., lockout .....

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Sep 23 2008 (HC)

Birla Corporation Ltd. (Unit Soorah Jute Mill) Sramik Union Vs. Birla ...

Court : Kolkata

Reported in : (2009)1CALLT73(HC),2008(4)CHN592,[2009(121)FLR332],(2009)IIILLJ656Cal

..... by the appropriate government. the respondent/writ petitioner, in our opinion, has rightly submitted that what was referred by the appropriate government to the industrial tribunal for adjudication was not an industrial dispute within the meaning of the industrial disputes act, 1947.54. it has been argued on behalf of the appellant that this hon'ble court in its writ jurisdiction should not decide the validity of ..... the learned single judge failed to appreciate. mr. bandyopadhyay further submits that the shifting of the jute mill in the present case is totally covered by the schedules under the industrial disputes act, 1947. mr. bandyopadhyay also submits that in both second schedule and third schedule, residuary jurisdiction has been conferred upon the tribunal apart from the fact that in the second schedule withdrawal ..... , which can be referred for adjudication, of necessity, has to be an industrial dispute which would clothe the appropriate government with power to make the reference, and the industrial tribunal to adjudicate it.40. industrial dispute has been defined in section 2k of the industrial disputes act, 1947 in the following manner:2(k) 'industrial dispute' means any dispute or difference between employers and employers, or between employers' and workmen, or between .....

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Sep 17 2007 (HC)

Indian Oil Corporation Ltd. Vs. Presiding Officer, Central Government ...

Court : Kolkata

Reported in : [2009(117)FLR947],(2008)IIILLJ241Cal

..... have considered not only the failure report, but all the documents accompanying it, since they all together, in view of the provisions in section 12(4) of the industrial disputes act, 1947, constituted the full report of the conciliation officer. it is apparent on the face of the order of reference that the central government did not, consider any other ..... central government, as the appropriate government with respect to the corporation, made the impugned order of reference.4. by referring me to the provisions in section 10(4) of the industrial disputes act, 1947, and the decisions in delhi cloth & general mills co. ltd. v. workmen and ors. : (1967)illj423sc ; pottery mazdoor panchayat v. perfect pottery co. ltd. and anr. : (1983 ..... second to eighth respondents wanted the corporation to absorb them on regular basis, and since the corporation declined to oblige them, they approached the conciliation officer under the industrial disputes act, 1947.3. before the conciliation officer they claimed that having worked as casual workmen they had become entitled to be absorbed in the establishment of the corporation on regular basis ..... is therefore clear that in the present case whether the second to eighth respondents were actually casual workmen engaged by the corporation is not a matter incidental to the industrial dispute referred. if the corporation is permitted to take the plea that the second to eighth respondents were never engaged as casual labourers or workmen, then such contention, .....

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Apr 17 2006 (HC)

Capital Ltd. Vs. Eighth Industrial Tribunal and ors.

Court : Kolkata

Reported in : (2006)3CALLT481(HC),2006(3)CHN180,[2006(111)FLR597]

..... the competent authority for adjudication.13. since the conciliation failed, the government of west bengal by an order dated 25th/27th january, 2006 referred the said dispute under section 10 of the industrial disputes act, 1947 to the 8th industrial tribunal for adjudication of the following issues:i) whether the transfer of ratan bijoy from kolkata to ahmedabad by the management is justified?ii) what relief ..... advocate for the petitioner, submitted that section 10 of the industrial disputes act, 1947, authorises the appropriate government to refer an industrial dispute to any of the forums as indicated in the said provision for its resolution. mr. chatterjee contended that industrial dispute has been defined in section 2(k) of the said act which says that industrial dispute means any dispute or difference between employers and employers, or between employers and ..... their workman represented by calcutta pharmaceuticals and chemical (small scale and distributing) union relating to an issue specified in the 3rd schedule to the industrial disputes act, 1947, the government of west bengal made the said reference to the 8th industrial tribunal for adjudication of the aforesaid issues.15. the propriety of the said order of reference is under challenge in this writ petition.16 .....

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Sep 05 2007 (HC)

Dilip Kumar Mukherjee (D) by His Heeirs and L.R.S. (Smt.) Subhra Mukhe ...

Court : Kolkata

Reported in : [2008(117)FLR940]

..... . i therefore find that the workman was not entitled to get any relief from the writ court, though he was entitled to get relief from the forum established under the industrial disputes act, 1947 before which he could question the validity of the punishment order dated april 11th, 2000.12. the other question that has arisen in the writ petition filed by the employer ..... apparent from that constitution bench decision that their lordships were considering a case in which the employer was required to file an application under section 33(2)(b) of the industrial disputes act, 1947. the apex court was considering two things: (i) from which date the order of dismissal would become ineffective, if the tribunal refused to grant the approval after considering the application ..... me. in jaipur zilla sahakari bhoomi vikas bank ltd. the apex court was considering the following question:if the-approval is not granted under section 33(2)(b) of the industrial disputes act 1947. whether the, order of dismissal becomes ineffective from the date it was passed or from the date of non-approval of the order of dismissal and whether 'failure to make ..... that in all the cases cited by mr. paul to me the apex court proceeded on the basis that the employer concerned contravened the provisions of section 33 of the industrial disputes act, 1947, but that that is not the case here. according to him, since here it is nobody's case that the provisions of section 33 were contravened by the employer, there .....

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Apr 20 1998 (HC)

Shyam Sundar Batabyal Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : (1998)2CALLT542(HC)

..... been able in proving the prima facie case and there had been substantial compliance of the provisions of section 33(2)(b) of the industrial disputes act, 1947 and approved the action of the company in dismissing the workman from service.12. learned advocate for the company also referred to state of ..... the company has reached its finality and cannot be reopened by making a fresh reference under section 10(1) of the industrial disputes act, 1947. in support of his argument the learned advocate for the company referred to bharat iron works v. b.b. patel reported in : [1976] ..... that since the tribunal, after remand by the high court, approved the action of the company under section 33(2)(b) of the industrial disputes act, 1947 and since the said order of the tribunal has not been challenged by the workman concerned, the order of the tribunal approving the action of ..... by the dy. secretary, government of west bengal, labour department intimating the workman that in the terms of section 12(5) of the industrial disputes act, 1947 the government do not consider the matter to be a fit case for making reference to any adjudicating forum.2. it appears that the workman ..... labour department. government of west bengal, which is under challenge in the writ proceeding that in terms of section 12(5) of the industrial disputes act, 1947 the government did not consider the matter to be a fit case for making reference to any adjudicating forum. the relevant portion of the .....

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Feb 03 1998 (HC)

The Central Agricultural Research Institute and anr. Vs. the Presiding ...

Court : Kolkata

Reported in : (1998)3CALLT209(HC)

..... cnlef commissioner. andaman and nicobar islands, shall, subject to the'control of the president, exercise the powers and discharge the functions of the central government under the industrial disputes act, 1947 (xiv of 1947)exeept section 38 thereof.' 11. this notification is therefore a clear delegation of power in favour of the chief commissioner. andaman and nicobar islands to make a reference ..... made to the said court by the lieutenant governor, andaman and nicobar administration on 6th december, 1994 under section 10(1) read with section 12, 15) of the industrial disputes act. 1947. the notification about the said reference is annexure-d to the writ petition. the matter that was the subject of reference was formulated in the said notification by the ..... which would satisfy wants and needs of the consumer community and as such cari cannot be treated as industry within the meaning of section 2(j) of the industrial disputes act. 1947 and is not amenable to the jurisdiction of any labour court under the industrial disputes act. in paragraph 11 of the affidavit-in-reply (at page 6) it is specifically contended that the ..... notification of the government of india in the department of labour no.lr 1(9) dated the 14th may. 1947, the governor-general in council is pleased to direct that the functions of the provincial government under the industrial disputes act. 1947 (xiv of 1947) with the exception of the functions discharged under section 38 (hereof, shall, in respect of every chief .....

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Jul 28 1952 (HC)

Bilash Chandra Mitra Vs. Balmer Lawrie and Co. Ltd.

Court : Kolkata

Reported in : AIR1953Cal613,57CWN169,(1953)IILLJ337Cal

..... in the case before me. but it has to be remembered that the federal court in 'air 1949 pc 111 (a)' has held that under the privisions of the indian industrial disputes act, 1947, the tribunal has been vested with power even to make a new contract of employment. mahajan, j. at pages 116-117 observed as follows:'the strongest argument urged on behalf ..... a suit for recovery of rs. 4476-12-0 for arrears of salary, dearness allowance and certain bonus payable to plaintiff under an award of a tribunal constituted under the industrial disputes act 1947.2. the case of the plaintiff as laid in the plaint is that he had been in the employment of the defendant company for 22 years. on 1-4 ..... open.7. mr. niren de, the learned counsel for the defendant company has contended that the dispute purported to be referred by the order of reference dated 10-10-1947 was not an industrial dispute within the meaning of the industrial disputes act 1947. mr. de argues that the alleged dispute was the dispute, if at all, between a single workman and the defendant company and as the plaintiff was ..... decision of the house of lords in --'cutler v. wandsworth stadium ltd.', (1949) a. c. 398 (f).20. mr. ginwalla has also drawn my attention to various sections of the industrial disputes act, 1947, such as sections 15(2), 18(a) & (b), 22, 23, 29 and 34 and also to section 20(1) of the new .....

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