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Judgment Search Results Home > Cases Phrase: the industrial disputes act 1947 Court: madhya pradesh jabalpur Page 1 of about 5 results (0.021 seconds)

Oct 05 2010 (HC)

M.Selvendran. Vs. Labour Commissioner.

Court : Madhya Pradesh Jabalpur

..... awards were not complied with and, therefore, the president of the sangh again approached the labour court under section 10(1)(c) of the industrial disputes act, 1947 and by award dated 23.11.2004 which was subsequently modified by order dated 6.4.2005 the municipal corporation, jabalpur was directed to regularize ..... 7.11.2007 passed by the labour commissioner, madhya pradesh industrial tribunal, indore, whereby sanction has been granted for prosecution of the petitioner under the provisions of section 29 read with section 34 of the industrial disputes act, 1947 (hereinafter referred to as 'the act').2. it is submitted by the learned counsel for ..... the petitioner that initially certain awards were passed by the labour court on 23.2.1988 and 29.4.1997, in the disputes raised by the nagar nigam jal ..... p no.1430/2006 (s) filed by the respondent sangh and w.p no.1464/2001 for implementation of the award passed by the industrial tribunal dated 23.11.2004 and 6.4.2005 were disposed of by stating that no case for interference by this court i.e. the ..... petitioner's union were not recognized, the sangh filed a petition and thereafter an application under section 29 read with section 34 of the act on 20.8.2007 before the labour commissioner, indore seeking prosecution of as many as 8 previous commissioners of municipal corporation, jabalpur which application .....

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Aug 18 2010 (HC)

The Registrar, J.N.K.V . Jabalpur and Another. Vs. Sudarshan Singh, an ...

Court : Madhya Pradesh Jabalpur

..... ).2. the common question for decision in the above mentioned petitions is the maintainability of the claim of respondent in proceedings under section 33c(2) of the industrial disputes act, 1947 (for short 'id act').3. the facts of the case in short are that all the respondents are daily wages workers of the petitioner/jawahar lal nehru krishi vishwavidyalaya, jabalpur which ..... wage is required to be included by dividing monthly fixed wages by figure of 30 days.5. the respondents filed an application under section 33 c(2) of the industrial disputes act, 1947 for calculation of wages on the pretext that some settlement was arrived. in fact there was no such agreement or settlement. it is also pleaded that petitioner specifically ..... assailed the jurisdiction of labour court to entertain the application under section 33c(2) of the id act 1947 on the ground that labour court has no jurisdiction to entertain petition in respect of disputed claims and also no prior adjudication on the claim. yet labour court has interfered by recording perverse finding and neglecting the ..... this petition.8. learned counsel for the petitioner submitted that the labour court cannot direct payment of the amount which is required to be adjudicated under provisions of minimum wages act, 1947. according to him, there was no settlement about the amount, therefore, the award passed by labour court is without jurisdiction. learned counsel for the petitioner placed reliance upon .....

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Feb 11 2011 (HC)

The Project Director. Vs. Ms. Mamta Shrivastava and Another.

Court : Madhya Pradesh Jabalpur

..... passed by this court in writ petition no.3252/2000, on 4.4.2005, the amount deposited by virtue of the provisions of section 17- b, of the industrial disputes act, 1947 (hereinafter referred to as the 'act'), be refunded back to the applicant.2- non-applicant no.1 ms. mamta shrivastava was working in the applicant's establishment. her services were terminated and, therefore ..... appropriate to give them some subsistence allowance and it was for this reason that section 17-b was incorporated in the act, vide amending act no.46 of 1982. 5- section 17-b was incorporated into the industrial disputes act, 1947 by virtue of amending act 46 of 1982. the purpose for incorporating section 17-b is to relieve to certain extent the hardship that is caused ..... the requirement of section 17-b was granted to ms. mamta shrivastava. ultimately, the writ petition was heard and by holding that the applicant's establishment is not an 'industry' and, therefore, the industrial disputes act is not applicable, award was set aside and the petition allowed. now, applicant wants this court to direct for refund of the amount deposited, by virtue of the ..... payment made in compliance to section 17-b, of the act.3- having heard the contentions advanced by shri jain, learned dy. advocate general, i find the application to be .....

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Jun 29 2010 (HC)

Ramagya Pandey, and ors. Vs. the Union of India, and ors.

Court : Madhya Pradesh Jabalpur

..... that have come on record, it is clear that in both these cases petitioners were initially appointed in mpsedc, in various posts. it is not in dispute that due to recession in the tv industry, the tv division of mpsedc was proposed to be transferred to the newly formed subsidiary company otl. it is also an admitted position and it is clear ..... , the terms and conditions of appointment and the communication dated 24.9.99 available at page 1089 made by the managing director of otl to the principal secretary, commerce and industries department, the board of director's resolution dated 25.5.99, available at pages 1090 and 1091, shri arya emphasized that the 147 employees of mpsedc, who were permanently ..... hereinabove. 4- the m.p. state electronic development corporation limited (hereinafter referred to as 'mpsedc') was incorporated in november 1983, it was established for the purpose of promoting electronic industry in the state of madhya pradesh. as an initial venture, the corporation started manufacturing tv sets, simultaneously it started negotiating with foreign companies for inducting fibre optics in telecom network ..... optel telecommunication limited (hereinafter referred to as 'otl') was incorporated on 23.12.1988, as a wholly owned subsidiary company of mpsedc, in accordance to the provisions of the companies act. on establishment of otl, the government of madhya pradesh approved transfer of oecs project to the newly formed subsidiary company i.e.. otl on 16.2.90. the petitioners in .....

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Sep 06 2010 (HC)

ispat Khadan Janta Mazdoor Union. Vs. the Director, Steel Authority of ...

Court : Madhya Pradesh Jabalpur

..... expression, the answer to the question referred to above, has to be found in clause (a) of section 2 of the industrial disputes act; if (i) the concerned central government company/undertaking or any undertaking is included therein eo nomine, or (ii) any industry is carried on (a) by or under the authority of the central government,or (b) by railway company; or (c ..... submitted by shri j.dhankar, learned counsel appearing on behalf of the management that high court cannot interfere in the finding of fact recorded by the labour court or industrial court in an industrial dispute. he has relied upon decision of apex court in mananagement of madurantakam coop.sugar mills ltd. vs. s.viswanathan (2005) 3 scc 193 in which it has been ..... and it has become final.(5) on issuance of prohibition notification under section 10(1) of the clra act prohibiting employment of contract labour or otherwise, in an industrial dispute brought before it by any contract labour in regard to conditions of service,the industrial adjudicator will have to consider the question whether the contractor has been interposed either on the ground of having ..... court has laid down in silver jubilee tailoring house and others vs.chief inspector shops and establishments and another (supra) thus :- "21. in montreal v. montreal locomotive works ltd. etc. (1947) 1 dlr 161 at p.1969 lord wright said that a single test, such as the presence or absence of control, was often relied on to determine whether the case .....

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Oct 08 2010 (HC)

Nand Kishore. Vs. M.P.S.R.T.C.

Court : Madhya Pradesh Jabalpur

..... grievance adjudicated by the labour court is the issue which crops up for consideration in the present petition. indisputably the act of 1960 was enacted to regulate relations of employer and employees in certain matters, to make provision for settlement of industrial disputes and to provide for certain other matters connected therewith and is a benevolent and beneficial statutes, as observed by the4 ..... by time and though an application under section 64-a of the act of 1960 was filed by the petitioner, the same was rejected by the labour court and affirmed by the industrial court on the ground that it does not contain sufficient ground for condonation of delay.5. admittedly, a dispute in connection with the termination of an employee could be raised ..... a limitation. section 64-a however empowers the industrial court and the labour court to make such ..... within a year from the date of termination of services. proviso (a) to clause (i) of section 62 of the act of 1960 provides for such .....

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Oct 13 2010 (HC)

S.P.M. Employees Union and Others. Vs. Union of India and Others.

Court : Madhya Pradesh Jabalpur

..... bring in the regal functions of the state within the definition of industry and thus confer jurisdiction on industrial courts to decide disputes in respect thereof. we, therefore, exclude the regal functions of a state from the definition of industry.the above view was again endorsed by the apex court in chief ..... owned by the government of india and is a government company within the meaning of section 617 of the companies act, 1956. thus, parts of functions of aforesaid nine industrial units have been delegated to a government company with a view to improve efficiency and productivity. learned counsel for the ..... not been delegated to the respondent no.2 also finds support from the provisions of the coinage act, 1906.17. we may now advert to the third issue, namely, whether for transfer of nine industrial units to the respondent no.2, sanction of parliament is required. at the cost of repetition ..... association pool, bombay vs. smt. radhabai, air 1976 mp 164 while considering the question of liability of the state in respect of the tortuous acts of the servants of the state where the plea of immunity based on employment referable to sovereign functions is raised observed in paragraph 12 by ..... w.e.f. 13th january, 2006. the said company has been incorporated as fully owned government company with limited liability by shares under the companies act, 1956, with its registered and corporate office in new delhi. by another office memorandum (annexure p/2) of even date existing and subsisting .....

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Aug 20 2010 (HC)

Yograj Infrastructure Ltd. Vs. Ssangyong Engineering Construction Ltd. ...

Court : Madhya Pradesh Jabalpur

..... , is that the court is not debarred from dealing with an application under section 9 merely because no notice has been issued under section 21 of the 1996 act.30. in dwarikesh sugar industries ltd. v. prem heavy engineering works (p) ltd. and another (1997) 6 scc 450 it is held "28. coming to the allegation of fraud, it is ..... whereon the reliance is placed on various clauses of agreement, the correspondences and the minutes of meeting held between the appellant and respondent which though in substance concerns with the dispute which has arisen between the appellant and respondent. an aid, however, is being sought for from them to draw home the contention of fraud and misrepresentation leading to ..... the appellant at the hand of respondent.11. dwelling upon the arguments and counter arguments by the parties, the trial court made various observation touching even the root cause of dispute between the appellant and the respondent. the trial court while meeting out the allegation of "fraud" and "misrepresentation", as alleged by the appellant, observed that the parties entered ..... like general responsibilities (clause 4), payments (clause 13); default by the appellant/ termination of agreement (clause 23); indemnification (clause 24). clause 27 incorporated the arbitration clause; stipulating that all disputes, differences arising out of or in connection with the agreement dated 13.8.2006 shall be referred to arbitration to be conducted in english at singapore in accordance with singapore .....

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