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Judgment Search Results Home > Cases Phrase: the industrial disputes act 1947 Court: uttaranchal Page 1 of about 34 results (0.052 seconds)

Nov 03 2004 (HC)

Tehri Hydro Development Corporation Ltd., thro' G.M. Vs. Presiding Off ...

Court : Uttaranchal

Reported in : (2005)ILLJ493UC

..... help the respondents, for, in the case of fabril gasosa, the recovery certificate was issued by the labour commissioner and the same was found to be in accordance of industrial disputes act, 1947 while in the present case the respondents failed to show me the award / the settlement or agreement whereby the thdc had agreed to pay the pay scales of the corporation ..... as well. on close scrutiny of the said referred case, i found that there already existed award of settlement as required for the purposes of section 33c(2) of industrial disputes act, 1947 due to which it was held that the labour court can interpret the award or the settlement. settlement in the section refers to the settlement made by the conciliation authorities ..... is also alleged in the writ petition that two workcharged/muster roll employees of irrigation department who were similarly situated, had earlier moved similar application under section 33c(2) of industrial disputes act, 1947, which was dismissed by the same labour court on may 31, 2001 (copy annexure-13 to the writ petition). the petitioners have alleged that the respondents no. 3 to ..... union, namely 'thdc employees union, tehri' filed an application (copy annexure- 10 to the writ petition) representing 165 workers (respondent no. 3 to 167) under section 33c(2) of industrial disputes act 1947, claiming the payment of arrears of difference in salary for the period july 1, 1990 to june 30, 1994. the thdc filed its written statement (copy annexure-ii to writ .....

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Feb 24 2004 (HC)

State of Uttaranchal Vs. Labour Court and anr.

Court : Uttaranchal

Reported in : [2004(101)FLR133]; (2004)2UPLBEC55

..... the employer and before terminating his services, he has completed 240 days of working in preceding 12 months and that the provision of section 6-n of the u.p. industrial disputes act, 1947 has not been complied with by the employer and, therefore, termination order is wholly illegal.28. in view of the findings of he labour court that the respondent no. 2 ..... of the petitioner was terminated without any notice as well as without assigning any reasons. the employee concerned has claimed the benefit of section 6-n of the u.p. industrial disputes act, 1947 in as much as he has completed 240 days of his services.6. following matter was referred to the presiding officer, labour court, dehradun:^^d;k lsok;kstdksa }kjk vius ..... question that came up for consideration before the full bench was thus state; whether the irrigation department of the state (of punjab) comes within the ambit of industry in section 2(j) of the industrial disputes act, 1947? the court took into account the judgment of another full bench decision of the same court in the case of state of punjab v. kuldip singh, where ..... the question for consideration was whether the public works department of the state government was an industry. in om prakash case, the full bench barely took note of the .....

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Jul 27 2004 (HC)

State of Uttaranchal Through Collector Vs. Suresh Chandra

Court : Uttaranchal

Reported in : (2005)ILLJ260UC

..... were terminated without any prior notice, which is in violation of the provisions contained under section 6-n of the u.p. industrial disputes act, 1947.therefore, the respondent no. 1 raised the dispute under section 4-k of the u.p. industrial disputes act, 1947. following matter was referred to the presiding officer, labour court, dehradun:'vernacular matter omitted.'the labour court after hearing both the ..... employer and before terminating his services, he has completed 240 days of working in preceding 12 months and that the provisions of section 6-n of the u.p. industrial disputes act, 1947 has not been complied with by the employer and therefore, termination order is wholly illegal.10. in view of the findings recorded above, i do not find any infirmity ..... muster roll also establishes the same fact. the service of the respondent no. 1 having been terminated without considering the provisions of section 6-n of the u.p. industrial disputes act, the respondent no. 1 has been rightly granted the reinstatement by the labour court. so far as the completion of 240 days is concerned, there is sufficient material on ..... the nature of activities carried on by the irrigation department held that irrigation department is an 'industry'.since the kalagrah unit is the branch of irrigation department, therefore, the same is also an industry within the definition of 'industry' under the u.p. industrial disputes act in view of the law laid down by the apex court in bangalore water supply and sewerage .....

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May 06 2005 (HC)

Naresh Kumar Alias Billu Vs. State of Uttaranchal and ors.

Court : Uttaranchal

Reported in : (2006)IILLJ509UC

..... following the procedure as has been prescribed under section 6-n of u.p. industrial disputes act, 1947.4. on january 17, 2004, the petitioner made an application to the conciliation officer under section 2-a of the u.p. industrial disputes act along with the application for condonation of delay and the case was registered as c ..... connected civil petition no. 1035 of 2004, the respondent no. 3 while rejecting the application under section 2-a of the u.p. industrial disputes act, 1947 has referred the judgment of the apex court in nedungadi bank ltd. v. k.p. mahadevan kutti manu/sc/0049/2000 : (2000 ..... in our opinion, the reasons given by the state government to decline reference are beyond the powers of the government under the relevant sections of the industrial disputes act. what the state government has done in this case is not a prima facie examination of the merits of the question involved. to say that ..... fact by framing issue in this regard. the very purpose of the meaning of 'conciliation' as defined under section 4-f of the u.p. industrial disputes act shall be taken away, in case he is allowed to adjudicate the matter on merits. thus in the dictionary meaning conciliation' means 'bringing of opposing ..... the parties and in case, he fails to do so the matter may be sent for adjudication in accordance with the provisions of u.p. industrial disputes act.24. in view of the aforesaid legal proposition the order dated july 22, 2004 passed by the respondent no. 3 cannot be sustained and is .....

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Nov 24 2004 (HC)

State of U.P., thro' E.E., Irrigation Research Institute Vs. Presiding ...

Court : Uttaranchal

Reported in : [2005(104)FLR193]; (2005)IILLJ66UC

..... services were terminated without any prior notice, which is in violation of the provisions contained under section 6-n of the u.p. industrial disputes act, 1947. therefore, the respondent no. 2 raised the dispute under section 4-k of the u.p. industrial disputes act, 1947. following matter was referred to the presiding officer, labour court, dehradun:'vernacular matter omitted'3. the labour court after hearing both the ..... the employer and before terminating his services, he has completed 240 days of working in preceding 12 months and that the provisions of section 6-n of the u.p. industrial disputes act, 1947 has not been complied with by the employer and therefore, termination order is wholly illegal.11. in view of the findings recorded above, i do not find any infirmity in ..... is clear that the respondent no. 2 has completed 240 days. the service of the respondent no. 2 having been terminated without considering the provisions of section 6n of the industrial disputes act, the respondent no. 2 has been rightly granted the reinstatement by the labour court.finding on point no. ii:8. learned counsel for the petitioner has further argued that the ..... has been in continuous service for not less than one year under an employer. what is continuous service has been defined and explained in section 25b of the industrial disputes act. in the present case, the provision which is of relevance in section 25b(2)(a)(ii) which to the extent that it converts us, provides that a workman who is .....

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Aug 23 2004 (HC)

Uttaranchal Jal Vidyut Nigam Ltd. and anr. Vs. P.O., Labour Court and ...

Court : Uttaranchal

Reported in : (2004)IIILLJ533UC

..... june 22, 2001 cannot be said to be against the law on this ground.7. second argument advanced on behalf of the petitioner is that section 33c(2) of industrial disputes act, 1947 gets attracted only when there is entitlement of payment to the workers. in reply to this learned counsel for the respondents no. 3 to 21 submitted that the petitioners have ..... 19 respondents with the petitioner; and the petitioners took work from these persons through the aforesaid nigam. the said 19 respondents filed an application under section 33c(2) of the industrial disputes act, 1947 before labour court, dehradun claiming certain payment of wages. since these respondents were not workmen, their application under section 33c(2) is alleged to be not maintainable under section ..... award in that case. annoyed by the recovery, petitioner deducted the salary of the respondent no. 3 to 21 to compensate itself. against the said act an application in question under section 33c(2) of industrial disputes act, 1947 was moved by the answering respondents. after hearing the parties, labour court passed the impugned order dated may 21, 2001 and directed the petitioner as ..... already been recovered from the petitioner. therefore, with the observations that if the petitioner feels that he had already made payment to nigam in respect of salary for the disputed period of january to april 2000 earlier he can very well institute a suit for recovery of excess sum against the nigam, this writ petition is liable to be dismissed .....

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Aug 03 2004 (HC)

Ester India Employees Union Vs. Presiding Officer and anr.

Court : Uttaranchal

Reported in : (2005)ILLJ356UC

..... has power to look into the validity of reference made by the state government as well as scope of section 4-k read with schedule i of u.p. industrial disputes act, 1947.3. the counsel for the petitioner has submitted that the claim of the workmen for payment of arrears of bonus became due for the period 2000-01 at the ..... court has jurisdiction to entertain a writ petition when there is allegation that there is no industrial dispute and none apprehended which could be subject matter of reference for adjudication to the industrial tribunal under section 10 of the act. here it is a question of jurisdiction of the industrial dispute, which could be examined by the high court in its writ jurisdiction. it is ..... the existence of the industrial tribunal which would clothe the appropriate government with power to make the reference ..... and the industrial tribunal to adjudicate it, if there is no industrial dispute in existence or apprehended .....

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Jul 17 2002 (HC)

Indian Drugs and Pharmaceuticals Ltd. Vs. Presiding Officer, Labour Co ...

Court : Uttaranchal

Reported in : [2003(96)FLR135]; (2003)ILLJ269UC

..... 's unit at rishikesh in compliance of the settlement dated august 12, 1998 between the employer and workmen-union. the settlement has been defined under section 2(p) of the industrial disputes act. 1947 which reads as under:'2(p) 'settlement' means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at ..... be in accordance with the rule 58 and is a settlement as defined under section 2(p) of the industrial disputes act, 1947.the sub-section (1) of section 18 of the industrial disputes act provides that such a settlement arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceeding shall be binding on the parties to the ..... contract and the employees cannot be said to be contract labourers. in fact, they are workmen in view of their engagement being the result of a statutory settlement under the industrial disputes act. therefore, the respondent no. 2 in all these writ petitions cannot be said to be contract labourers but are workmen.13. undisputedly, respondent no. 2, in all these writ ..... . 2, in all these writ petitions, workmen of the petitioner and cessation from their work amounting to retrenchment in violation of provisions of section 6-n of the u.p. industrial disputes act and directed the reinstatement of all the respondent no. 2, in all these writ petitions, and further awarded rs. 5,000/- as compensation and rs. 500/- as litigation expenses .....

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Oct 11 2004 (HC)

Kichha Sugar Company Ltd. Vs. Tara Chand Mahtoliya and anr.

Court : Uttaranchal

Reported in : 2004(4)AWC3499

..... for more than 240 days in a year, before retrenchment of such an employee, compliance of section 6n read with section 2 (g) of the u. p. industrial disputes act, 1947 is necessary.10. however, in view of principle of law laid down in m.p.s.e.b. v. jarina bee, 2003 (4) awc 2595 ( ..... this court finds that the case of respondent no. 1 is covered under section 6n of the u. p. industrial disputes act, 1947 as there is a categorical finding in the impugned award that the respondent no. 1 has worked for more than 240 days in a calendar year, ..... para 1 of termination of employment, which reads as under :'5. unless he has qualified for getting notice under section 6n of the u. p. industrial disputes act, 1947, the employment of probationer, substitute, temporary or apprentice workman may be terminated by the manager without any notice or any payment in lieu of notice.'however, ..... workman, has completed 240 days in a year and before termination of his services provisions of section 6n of the u. p. industrial disputes act,- 1947 were not complied with.7. sri t. a. khan, learned counsel for the petitioner-company drew my attention to the standing orders relating to the ..... cn 323) in which it has been held that casual workman or labourer is covered under the definition of 'workman' in view of section 2(s) of industrial disputes act. my attention was also drawn on behalf of respondent no. 1 to the principle of law laid down in u. p. drugs & pharmaceuticals company ltd. .....

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Apr 15 2004 (HC)

Rajeev Barthwal Vs. Union of India (Uoi) and ors.

Court : Uttaranchal

Reported in : 2005(1)AWC71(UHC); (2004)3UPLBEC124

..... 3 & 4 refused to accept the services of the petitioner as did not permit him to join his duties. on this, petitioner moved an application under section 13a of industrial disputes act, 1947 before the assistant labour commissioner on 19.11.2001. the respondents filed their reply before the said authority. the assistant labour commissioner submitted his report to the government that no ..... after all the workers including the petitioner were withdrawn by the respondent no. 4. defending the impugned order challenged by the petitioner it is stated that by raising the industrial dispute petitioner cannot compel the respondent no. 4 or respondent no. 3 to engage him in the institute, where the work on contract was already over.5. i heard learned ..... contract of the above firm petitioner does not become the employee of the institute. defending the impugned order it is stated in the counter affidavit that the dispute was not referable as industrial dispute because there was no relationship of employee and employer between the respondents. it is further stated in the counter affidavit that m/s. eagle hunter solutions (p ..... 2002 petitioner moved an application to respondent no. 3 for increase in his salary in alternative for regularizing his services. a union named as fri mazdoor union, dehradun raised industrial dispute through an application dated 12.11.2001 for the rcgularisation of the services of the petitioner. the said application of the union was forwarded to the conciliation officer and .....

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