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Judgment Search Results Home > Cases Phrase: the industrial disputes act 1947 Court: supreme court of india Page 1 of about 4,922 results (0.147 seconds)

May 06 1959 (SC)

Crompton Parkinson (Works) Private Ltd., Bombay Vs. Its Workmen and or ...

Court : Supreme Court of India

Reported in : AIR1959SC1089; (1959)IILLJ382SC; [1959]Supp2SCR936

..... 12 of the industrial disputes act, 1947, made an order on august 6, 1956, referring the disputes between the company and its workmen (other than those of the watch and ward staff) over their demands mentioned in ..... proceedings, the conciliation officer submitted his report to the government of bombay under sub-s. 4 of s. 12 of the industrial disputes act, 1947. the government of bombay, after considering the said report and in exercise of the powers conferred on it by sub-s. 5 of s. ..... making allowance for expenditures laid out and expended wholly and exclusively for the purpose of the business. there is no such provision in the industrial disputes act. in the absence of cogent and compelling evidence leading to the definite conclusion and finding that a purported expenditure was sham or had been ..... then to determine, after taking into consideration all material circumstances, how that available surplus should be distributed between the three interests, namely, the industry, the shareholders and the workmen. to deduct bonus as a prior charge even before the recognised items of prior charges appears to us to ..... 'technical aid agreements' is said to have received the approval of the government of india to promote the industrial development of the country. that agreement was actually executed on august 12, 1947, and provided that for a period of 20 years the parent company would render to the company various facilities .....

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May 05 1959 (SC)

Titaghur Paper Mills Co. Ltd. Vs. Its Workmen

Court : Supreme Court of India

Reported in : AIR1959SC1095; (1959)IILLJ9SC; [1959]Supp(2)SCR1012

..... case out of which profit bonus for that year could be paid. re. (1). 8. before we go into the question of jurisdiction of a tribunal under the industrial disputes act, 1947, (hereinafter called the act), we should like to consider what production bonus essentially is. the payment of production bonus depends upon production and is in addition to wages. in effect, it is an ..... called upon to decide in this case whether a demand for the introduction of a production bonus scheme where there was none before can be made a subject-matter of industrial dispute as defined in s. 2(k) of the act or whether a scheme of production bonus can for the first time be imposed on the employer by a tribunal under the ..... order that the tribunal may have jurisdiction all that is necessary is that an industrial dispute within the meaning of s. 2(k) of the act should exist or be apprehended and there should be a reference of such dispute by the appropriate government to the tribunal under s. 10. now 'industrial dispute' has been defined in very wide terms in s. 2(k) and for ..... power to interfere with management functions falling within their purview in the interest of industrial peace and the act was enacted with that object. therefore, once it is conceded, as is the case here, that the tribunal has jurisdiction to entertain such an industrial dispute which comes within the terms of s. 2(k) we see no reason why the power of the tribunal .....

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Aug 31 1988 (SC)

V.K. Thomas and ors. Vs. Industrial Tribunal and ors.

Court : Supreme Court of India

Reported in : [1989(58)FLR141]; JT1989(1)SC18; (1994)IIILLJ253SC

..... view of our decision in b.b. rajwanshi v. state of u.p. and ors. : (1988)iillj238sc , in which we have struck down section 6(4) of the u.p. industrial disputes act, 1947, the order made by the governor of the state of uttar pradesh on june 28, 1977 returning the award made in adjudication cases no. 24 and 27 of 1973 on ..... pradesh to publish the award dated april 16, 1977 passed in adjudication cases no. 24 and 27 of 1973 on the file of the industrial tribunal (v) uttar pradesh at meerut under section 6(3) of the up. industrial disputes act, 1947 in the official gazette of u.p. within one month from today.3. mr. gopal subramaniam, learned counsel for the respondents submits that ..... the file of the industrial tribunal (v) uttar pradesh, meerut under section 6(4) of the u.p. industrial disputes act, 1947 for reconsideration of the tribunal is liable to be quashed. we, accordingly, quash it. consequently, all the proceedings that have taken place before ..... the industrial tribunal subsequent to june 28, 1977 culminating in the award dated november 24, 1980 against which this appeal is filed are also liable to .....

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Dec 05 1952 (SC)

State of Madras Vs. C.P. Sarathy and anr.

Court : Supreme Court of India

Reported in : AIR1953SC53; (1953)ILLJ174SC; (1953)IMLJ212(SC); [1953]4SCR334

..... against the first respondent for an offence under section 29 of the industrial disputes act, 1947 (hereinafter referred to as the act). the charge was that the first respondent failed to implement certain terms of an award dated 15th december, 1947, made by the industrial tribunal, madras, appointed under the act and thereby committed a breach of those terms which were binding on ..... and did not mention the companies or firms in which the disputes are said to have existed or were apprehended; and thirdly, the madras amendment act was unconstitutional and void under section 107 of the government of india act, 1935, being repugnant to the provisions of the central industrial disputes act, 1947, and also void under article 13(1) read with ..... which the award relates was not referred to the tribunal in accordance with the provisions of the industrial disputes act, 1947 (section 5). it also purported to validate certain specified awards including 'the award in the disputes between the managements of cinema theatres and workers' (section 6), which obviously refers to the award under consideration in these proceedings. 11. ..... the governor of madras, it is necessary to refer the said industrial dispute for adjudication; now, therefore, in exercise of the powers conferred by section 7(1) and (2) read with section 10(1)(c) of the industrial disputes act, 1947, his excellency the governor of madras hereby constitutes an industrial tribunal consisting of one person, namely, sri diwan bahadur k. s .....

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Feb 03 1955 (SC)

The Automobile Products of India Ltd. Vs. Rukmaji Bala and ors.

Court : Supreme Court of India

Reported in : AIR1955SC258; (1955)ILLJ346SC; [1955]1SCR1241

..... the two appeals have been heard together. the union of india asked for leave to intervene as important questions of construction of the provisions of the industrial disputes act, 1947 (hereinafter referred to as the 1947 act) and the 1950 act were involved. such leave was granted and we have heard learned counsel for the union of india along with learned counsel for the parties. 10. ..... the company; (3) alternatively to (2) above and in case the labour appellate tribunal took the view that the lay off was governed by section 25-c of the industrial disputes act, 1947, payment of compensation at 50 per cent. of their wages plus dearness allowance for the entire period of lay off to the date of discharge in addition to the notice ..... this complaint is required to be made in the prescribed manner. form dd prescribed by rule 51-a of the industrial disputes (central) rules, 1947, framed under section 38 of the 1947 act, like form e prescribed under section 35 of the 1950 act, requires the complaining workmen to show in their petition of complain not only the manner in which the alleged contravention has ..... declined to accede to their prayer the workmen were without any remedy. this was the position under the 1947 act before it was amended in 1950. 13. the 1950 act was enacted for establishing an appellate tribunal in relation to industrial disputes. chapter ii of the act deals with the constitution, composition and functions of the appellate tribunal. section 7 formulates the jurisdiction of .....

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Apr 10 1953 (SC)

Punjab National Bank Ltd. Vs. Employees of the Bank

Court : Supreme Court of India

Reported in : AIR1953SC296; (1953)ILLJ733SC; (1953)IMLJ773(SC); [1953]4SCR686

..... and it was open to the bank to rely upon the illegal strike as a valid ground for dismissing the respondents, we are of opinion that section 33 of the industrial disputes act, 1947, furnishes a short answer to the further contention that the appellate tribunal had no jurisdiction to order reinstatement of the respondents. that section provides, inter alia, that no ..... an award on february 9, 1951, refusing reinstatement on the sole ground that the respondents had gone on an illegal strike in contravention of section 23(b) of the industrial disputes act, and that the bank was entitled to dismiss them. the tribunal, however, granted to the respondents compensation by way of salary and allowances at half the rates from the ..... employer shall, during the pendency of any proceedings before a tribunal in respect of any industrial dispute, discharge by way of dismissal or otherwise, any workman concerned in the dispute save with the permission in writing of the said tribunal. admittedly, no such permission was obtained. if the pendency of the proceedings before ..... from a decision dated september 22, 1952, of the labour appellate tribunal of india at calcutta setting aside an award dated february 9, 1952, made by the industrial tribunal constituted to adjudicate on certain disputes between the appellant, the punjab national bank ltd., delhi (hereinafter referred to as the bank) and its workmen, the respondents represented by their union. 2. .....

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Oct 15 1993 (SC)

Shri Yovan, India Cements Employees Union and Another Vs. Mangement of ...

Court : Supreme Court of India

Reported in : AIR1994SC558; JT1993(6)SC273; 1994LabIC38; (1994)ILLJ920SC; 1993(4)SCALE244; (1994)1SCC572; [1993]Supp3SCR381; 1994(1)SLJ120(SC); 1994(1)LC67(SC)

..... india extraordinary dated 8.12.1977 wherein the government of india exercise its power under section 39 of the industrial disputes act, 1947, it was notified that the powers exercisable by government of india under the industrial disputes act 1947, in relation to cement industry shall also be exercisable by the state governments, except in the case of mines and quarries forming part ..... other relevant facts a notification was issued by the government of tamil nadu on 23rd september, 1987 under section 10(1)(c) of the industrial disputes act, 1947 (hereinafter referred to as the act) that the dispute between the union and the management of india cements contractors relating to non-employment of 300 workers be referred for adjudication to the labour ..... connected with transfer of cement, the central government as well as the state governments are the appropriate governments under the industrial disputes act, 1947 in view of the issuance of notifications dated 8.12.1977 under section 39 of the industrial disputes act mentioned above. the notification dated 8.12.1977 reads as under:the gazette of indiapart ii-section 3 - sub ..... government alone has jurisdiction. thus both the central government and state governments have concurrent the jurisdiction in relation to cement industry under the industrial disputes act, 1947, except in the case of mines and quarries forming part of the cement industry. a true copy of said notification dated 8.12.1977 is annexed to this affidavit as annexure r.ii. .....

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Feb 02 1959 (SC)

Lipton Limited and anr. Vs. their Employees

Court : Supreme Court of India

Reported in : AIR1959SC676; (1959)ILLJ431SC; [1959]Supp(2)SCR150

..... , supervision, etc., and, therefore, the delhi state government was the appropriate government within the meaning of s. 2 of the industrial disputes act, 1947, relating to the dispute which arose between the lipton, ltd., and the union and under s. 18 of the said act the award made by the tribunal was binding on all persons employed in the delhi office. the appellate tribunal upheld the ..... make out. we think, however, that it is not the duty of a labour tribunal or court to dictate to an industrial concern what salaries should be paid to superior executive officers who are not workmen within the meaning of the industrial disputes act, 1947. we have pointed out, however, in the express newspapers (private) ltd. : (1961)illj339sc that 'the possibility of tightening up the ..... organisation so that the industry could pay higher wages without difficulty and the possibility of increase in the efficiency of the lowest paid .....

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Nov 14 1963 (SC)

Management of R.S. Madhoram and Sons Agencies (P) Ltd. Vs. Its Workmen

Court : Supreme Court of India

Reported in : AIR1964SC645; [1964]5SCR379

..... by special leave relates to the construction of s. 25ff of the industrial disputes act, 1947 (no. 14 of 1947) (hereinafter called 'the act') this question arises in this way. between the appellant, the management of r.s. madhoram & sons (agencies) (p) ltd., and the respondents, its workmen an industrial dispute arose in regard to the transfer of 57 employees from the management of ..... r. s. madhoram & sons, which was their original employer, to the appellant. this dispute was ..... referred for adjudication by the delhi administration to the industrial tribunal, new delhi. 2. the case of the respondents was that ..... the impugned transfer is invalid, whereas the appellant contended that the said transfer was fully valid and justified under s. 25ff of the act. certain other pleas were raised by .....

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Apr 23 1965 (SC)

All India Reserve Bank Employees Association Vs. Reserve Bank of India

Court : Supreme Court of India

Reported in : AIR1966SC305; [1966]36CompCas165(SC); [1965(11)FLR137]; (1965)IILLJ175SC; [1966]1SCR25

..... the reserve bank. 2. by notification no. s.o. 704 dated the 21st march 1960, the centralgovernment, in exercise of its powers under s. 7b of the industrial disputes act,1947, constituted a national industrial tribunal with mr. justice k. t. desai(later chief justice of the gujarat high court) as the presiding officer. by anorder notified under no. s.o. 707 ..... bank itself was guilty of delay after 1957inasmuch as it asked that the report of the pay commission should be awaited. 65. the solution of this dispute depends upon the provisions of section 17aof the industrial disputes act, 1947. that section reads as follows : '17a. commencement of theaward (1) an award (including anarbitration award) shall become enforceable on the expiry of ..... if in connection with theforegoing the exercise of such authority is not of a merely routine or clericalnature, but requires the use of independent judgment'. mr. chari suggeststhat the industrial disputes act recognising the same difficulty, may be saidto have adopted the same tests by making a distinction between 'work' and'capacity'. according to him, these tests provide for that ..... and manual labour could have interests of their own whenit came to fixation of wages, hours, seniority rights or working conditions.mr. ciiari suggests that the definition in the industrial disputes act servesthe same purpose when it makes a distinction between 'work' and 'capacity'. 20. this ruling, of course, cannot be used in this context, though as weshall presently .....

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