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Judgment Search Results Home > Cases Phrase: the industrial disputes act 1947 Court: patna Page 1 of about 139 results (0.038 seconds)

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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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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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 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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Sep 20 1994 (HC)

Bata India Limited Vs. State of Bihar and ors.

Court : Patna

..... be more appropriate. i accordingly direct the first respondent, namely, secretary, department of labour & employment, new secretariat, patna to refer the following dispute to the industrial tribunal, patna in terms of section 10(1)(d) of the industrial disputes act, 1947:- 'whether the action of the management of bata india limited, bataganj, digha, patna in paying wages to its canteen workers at the rates ..... fixed by the notification relating to leather industries under the minimum wages act is legal, justified and proper? if not at what rates and/or on what ..... not prevent the workmen from taking recourse to any relevant provision under the different statutes e.g. section 20 of the minimum wages act or section 33c of the industrial disputes act or a reference under section 10 of the industrial disputes act, on the other hand even if this application was to be dismissed and the so called directions were not be interfered with, ..... mr. jai krishna, learned counsel appearing on behalf of bata mazdoor union, respondent no. 3 has been unable to point out any provision either in the minimum wages act or in the industrial disputes act or in any other law, by virtue of which the dy. labour commissioner could legally issue such directions to the petitioner. 4. on the other hand, mr. .....

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Jul 10 2003 (HC)

Punjab National Bank and ors. Vs. All India Punjab National Bank Offic ...

Court : Patna

..... such a settlement was executed on form 'h' read with rule 58 and it was binding between the parties under section 18 of the industrial dispute act, 1947. the petitioners-respondents do appended a copy of the settlement. but the pleadings put the case of the petitioners-respondents in an entirely different ..... by the aspect that the fitment which had been occasioned was the result of a settlement which arose out of a conciliation proceeding under the industrial dispute act, 1947. thus, fitment of the salary of the workmen concerned did require for adjustment to be made for rationalisation of the salary. thus, the ..... should be done which erodes the sanctity of the settlement which was arrived at between the parties within the spirit of the industrial dispute act, 1947. thus, the appeal succeeds. the order of the learned judge dated 27 november 1996 on writ petition bearing cwjc no. 5450 of 1996 ..... reduction in salary. the settlement which was entered into under form 'h' of the industrial dispute act, 1947, subsequently, became a bank circular of 1951. 3. it is unfortunate that a writ petition had been filed at the patna high court when ..... then they could always sought clarification by either seeking a fresh conciliation or seeking a reference by adjudication to a labour court or an industrial tribunal. 7. knowing fully that the settlement was the result of conciliation proceedings and registered, the petitioners-respondents virtually concealed this fact and .....

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Apr 08 1994 (HC)

Mithilesh Kumar Singh Vs. State of Bihar and ors.

Court : Patna

..... termination of his service was bad and non est for not complying with the con-ditons precedent as mandated under section 25f of the industrial disputes act, 1947. 4. in the written statement filed on behalf of the management it appears that not much heed was paid to the petitioner's ..... of illegal and invalid appointment could be imported in a reference made under the industrial disputes act. the idea of illegal or invalid appointments is quite foreign to the shcme of the industrial disputes act. section 2(5) of the act which defines 'workman' does not have any such distinction and the definition is couched ..... february 28, 1989 given by the labour court, patna, in reference no. 1 of 1985/11 of 1987. the reference arose out of an industrial dispute relating to the termination of the petitioner's service and the terms of the reference was as follows: 'whether the termination of service of shri ..... ors., 1991 lic 944, wherein paragraph 6 of the judgment, their lordships held as follows; 'the definition of retrenchment as given in the act is wide and comprehensive to include all types of terminations of service unless the termination falls within any of the excepted categories mentioned therein. the ..... grievance regarding violation of the provisions of section 25f of the act. the management appears to have trained all its efforts to contend that the petitioner's initial appointment/engagement was illegal and invalid and did .....

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Jan 13 1993 (HC)

Kalyanpur Lime and Cement Works Ltd. Vs. Labour Court and ors.

Court : Patna

..... conciliationproceeding. on the failure of the conciliation proceeding, the state government in exercise of its powers under section 10(1)(c) of the industrial disputes act, 1947 ('the act', for short), made a reference of the dispute to the labour court for adjudication. a true copy of the reference notification dated july 23, 1977, has been enclosed as annexure 4 ..... his employer may also give rise to industrial dispute without intervention of the union, if it relates to the workman's discharge, dismissal ..... the introduction of section 2a of the act their lordships did make a qualification in relation to an industrial dispute falling within the meaning of section 2a and made the following observations: 'section 2a (inserted by act 35 of 1965) of the industrial disputes act, however, has introduced a fiction. it envisages that a dispute and difference between individual workman and ..... provide guidelines for deciding this case, it will be apposite to take a look at the relevant provisions of the act. 10. the art defines 'industrial dispute' in section 2(k) which is reproduced below: 'industrial dispute' means any dispute or difference between employers and employers, or between employers and workmen or between workmen and workmen, which is connected .....

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Jan 13 1995 (HC)

Badarpur thermal Power Station and anr. Vs. Central Government Industr ...

Court : Patna

..... the demand of the workmen; (c) the pleading of the parties in those matters and incidental matters if any as reference to under section 10(4) of the industrial disputes act, 1947. he submitted that in the instant matter, the tribunal has already mentioned the case of both the workmen and the management. it is admitted case that provident fund is ..... spinning & weaving mills ltd. mazdoor union [1959-ii-llj-656], the rajasthan high court while interpreting the expression 'the matters incidental thereto' occuring in section 10(4) of the industrial disputes act, observed that 'the ordinary accepted popular sense implies a subordinate and subsidiary thing related to some other main or principal thing requiring casual attention while considering the main thing. obviously ..... 1) held that in such cases, the management has to follow the procedure as laid down under section 25f. the management did in fact apply under section 29 of the industrial disputes act for permission to the government of bihar for retrenching the workmen, but the same was rejected. 21. mr. o.p. mathur senior advocate, submitted that the tribunal has given ..... court indelhi cloth & general mills co. ltd. v. its workmen [1967-i-llj-423] while dealing with section 10(4) of the industrial disputes act held 'the tribunal is not free to enlarge the scope of the dispute referred to it but must confine its attention to the points specifically mentioned and anything which is incidental thereto. dealing with the word 'incidental .....

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Feb 23 1995 (HC)

Shri Ram Needle Bearing Limited and ors. Vs. State of Bihar and ors.

Court : Patna

..... (the act) 2. the facts of the case are required to be stated in brief for proper appreciation of the legal implications of the ..... dispute in this writ applications is the authorisation of the state government vide annexure -1 of the assistant lab6ur commissioner, ranchi, (respondent no. 5) to lodge criminal prosecution against the petitioner -company for violation of conditions of service of the employees of the petitioner company during the pendency of a conciliation proceeding before the labour court under section 33 of the industrial disputes act, 1947 ..... the petitioner company as mentioned above and on the basis of that charter of demands the government of bihar, vide notification no. 278 dated march 8, 1978 referred the dispute for adjudication to the industrial tribunals, ranchi, and the same has been registered as case no. ref.8/88 and the same is pending for hearing before the presiding officer ..... against the petitioner company when there is specific provision for redressal of the grievance of the alleged aggrieved work men/employee for moving the industrial tribunal where reference was still pending under section 33a of the act, respondent no. 6 employees' union have intermingled with the officers of the labour department only to make harassment of the petitioners when by .....

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