Skip to content


Judgment Search Results Home > Cases Phrase: the industrial disputes act 1947 Page 6 of about 52,122 results (0.150 seconds)

Feb 02 2005 (HC)

Umesh Chandra Vs. Nagar Nigam and ors.

Court : Allahabad

Reported in : 2005(1)AWC899; 2005(1)ESC787; [2005(105)FLR84]; (2005)2UPLBEC1789

..... l&s;) 187,11. elaborating his submission the learned counsel for the petitioner has contended that the definition of retrenchment as contained in section 2(oo)(bb) of the industrial disputed act, 1947 (central act) is not applicable in the present case. learned counsel for the petitioner for the above submission placed reliance on the judgment pf the apex court in u. p. ..... relied by the counsel for the respondents was a case which arose from patna. the apex court in the said judgment has considered the provisions of section 25f of the industrial disputes act, 1947. the appellants in the apex court in the above case, were appointed in the cooperative training institute, deoghar, whose services were terminated by the principal. challenging the said ..... petitioner's appointment was for fixed term hence the termination of services of the petitioner cannot be retrenchment within the definition given in section 2(oo)(bb) of the industrial disputes act, 1947. in support of the submission the learned counsel for the respondents has referred to the period of engagement of the petitioner as mentioned in the written statement. the ..... an end after the expiry of the period. the termination of the petitioner cannot be treated to be retrenchment within the meaning of section 2(oo)(bb) of the industrial disputes act, 1947. the workman himself appeared as witness before the tribunal. on behalf of the employer sri jagannath pal was examined. several documentary evidence were also filed by the parties. .....

Tag this Judgment!

May 03 1957 (HC)

E. Sefton and Co., Mirzapur Vs. Textile Mill Mazdoor Union and ors.

Court : Allahabad

Reported in : AIR1958All80

..... industries development and regulation act, 1953 so that the u. p. industrial disputes act. 1947 was not applicable to any disputes in this industry. in sub-section (1) of section 2 of the u. p. industrial disputes act, the expression 'industrial dispute' is defined as having the same meaning as assigned to it in section 2 of the industrial disputes act, 1947 (central act 14 of 1947), (hereinafter referred as the central industrial disputes act) subject to the modification that 'industrial dispute ..... 's' shall be construed not to include a dispute concerning any industry ..... specified in sub-section (i) of, clause (a) of section 2 of the central industrial disputes act, 1947. section 2(1)(a) of the central industrial disputes act as amended by the industrial (development and regulation) amendment act, 1953 reads .....

Tag this Judgment!

Jul 24 2003 (HC)

U.P. Rajya Sahkari Krishi Evam Gramya Vikas Bank Ltd. and anr. Vs. Lab ...

Court : Allahabad

Reported in : 2003(4)AWC2853

..... as yet. for so long as the provisions of the said section are not enforced the applicability of the provisions of the industrial disputes act, 1947 (act xiv of 1947) and u. p. industrial disputes act, 1947 (u. p. act no. xviii of 1947) to the co-operative societies, including the petitioner, cannot be excluded. the submission in this behalf is only betraying utter ignorance ..... section 135 of the act excludes the applicability of the u. p. industrial disputes act, 1947, to the co-operative societies, but this section has ..... the impugned award is liable to be set aside. section 135 of the act reads as follows :'135. certain acts not to apply to co-operative societies.--the provisions contained in the industrial disputes act, 1947 (act xiv of 1947), and the u. p. industrial disputes act, 1947 (u. p. act no. xviii of 1947), shall not apply to co-operative societies.'5. it is true that ..... arrived at the conclusion that the termination of the services of the workman concerned without complying with the provisions of section 6n of the u. p. industrial disputes act, 1947, is illegal and unjustified and directed reinstatement of the workman concerned with continuity of service and full back wages.7. learned counsel for the petitioner tried .....

Tag this Judgment!

Aug 22 2001 (HC)

Arvind Mehrotra Vs. Labour Commissioner, Kanpur and ors.

Court : Allahabad

Reported in : 2001(4)AWC2613; [2001(91)FLR1094]; (2001)3UPLBEC2342

..... of standing order which is non-statutory in character. apex court also laid down in the said judgment that when dispute is a dispute within the meaning of industrial dispute under section 2k or 2a of industrial disputes act. 1947. the remedy under the industrial disputes act, 1947 is the only remedy. summarizing the principle laid down in that judgment the apex court held : '(4) it ..... or inefficacious. he has also not demonstrated the existence of any exceptional or extraordinary circumstances to permit him to bypass the alternative remedy available to him under the industrial disputes act, 1947. the petition deserved to be dismissed on the ground ofavailability of remedy to the petitioner.' 20. the division bench of this court in workmen of pepsi ..... of termination issued by the company to its workmen. (2) whether in the facts of the present case, petitioner has to avail remedy provided under the industrial disputes act, 1947 and other sister enactment. 10. counsel for the petitioner elaborating his submissions on question of the maintainability of the writ petition submitted that writ under article 226 ..... to other workmen. thewrit petition was dismissedby this court vide itsjudgment dated 6.3.1997leaving open to the petitionerto pursue alternative remedyunder the provisions of u. p.industrial disputes act. 1947. in view of the aforesaid judgment counsel for the respondents has stated that similar termination order issued by respondent company with regard to other workmen has already .....

Tag this Judgment!

Jun 24 2005 (HC)

Union of India (Uoi)through General Manager, North Eastern Railway and ...

Court : Allahabad

Reported in : [2006(107)FLR182]

..... the case in brief are that the central government, ministry of labour, new delhi vide its notification dated 31.10.1991 has referred the dispute for adjudication to the central industrial tribunal under section 10 of the industrial disputes act, 1947 (in short act 1947). the opposite party no. 2 filed his claim through the union on the ground that he had worked from 15.2.1980 to ..... the decision held as under :-'8. while it is true that in the event of failure in compliance with section 25(f) read with section 25(b) of the industrial disputes act, 1947 in the normal course of events the tribunal is supposed to award the back wages in its entirety but the discretion is left with the tribunal in the matter of ..... the workman did not complete 240 days continuous service in 12 calendar months before termination of his services, therefore, he is not entitled for benefit of section 25f of the industrial disputes act, 1947 yet in view of provisions contained in the indian railway establishment manual since the opposite party no. 2 has completed 120 days continuous service and is entitled to get temporary ..... matters concerning members of any service or persons appointed to any service or post, {no court except-(a) the supreme court; or(b) any industrial tribunal labour court or other authority constituted under the industrial disputes act, 1947 (14 of 1947) or any other corresponding law for the time being in force,shall have}, or be entitled to exercise any jurisdiction, powers or authority in .....

Tag this Judgment!

Jan 02 2002 (HC)

Centre of Indian Trade Union and anr. Vs. State of Madhya Pradesh and ...

Court : Madhya Pradesh

Reported in : 2002(1)MPHT179

..... every function carried out by the various departments of state. thus, the award passed by the arbitrator cannot withstand the test of judicial scrutiny and the provisions of industrial disputes act, 1947 are clearly applicable to the daily wage employees working in such departments. the learned arbitrators has erred in holding otherwise.35. respondents have placed reliance on decision of ..... 1995 supp (4) scc 672.11. learned counsel for the petitioners submits that writ petition is maintainable against the statutory award passed by the arbitrator under section 10a of industrial disputes act, 1947. the decision of the arbitrator is based on overruled decision of punjab & haryana high court in kuldeep singh (supra), and the decision of madras high court cannot be ..... case of city of nagpur v. its employees, air 1960 sc 675, which hold the field, thus, various departments of state are to be treated 'industry' under section 2(j) of industrial disputes act, 1947.8. petitioners further submit that they have been made shuttle cock. large number of workers filed original applications before the state administrative tribunal which held that it ..... wages employees.main question for consideration in the writ petition is whether public works department and other departments of state of m.p. can be treated 'industry' under section 2(j) of industrial disputes act, 1947.2. the services of the daily rated workmen employed in madhya pradesh after 31-12-1988 in different departments of state of m.p. and .....

Tag this Judgment!

Mar 25 1964 (HC)

Surajmal Mehta Vs. Authority Under Payment of Wages Act and anr.

Court : Madhya Pradesh

Reported in : AIR1964MP312; [1965(11)FLR215]; (1965)ILLJ274MP; 1964MPLJ470

..... section 25-ff and payable to him. a claim for compensation under section 25-ff is clearly a claim for monetary benefit under the provisions of chapter va of the industrial disputes act, 1947. it must be noted that under section 33-c (2) it is not every labour court functioning in the state that can determine the amount of monetary or non-monetary ..... a person whose services have been terminated by the employer for any reason whatsoever and who is thus a retrenched person within the meaning of section 2 (oo) of the industrial disputes act, 1947.7. coming to section 33-c, this provision was considered by us in b. n. c. mills ltd. v. state of m. p.. 1960 mplj 825 : (air 1960 madh pra ..... of an employee in an undertaking by reason of the transfer of the undertaking is not 'retrenchment' in law, that is, 'retrenchment' as defined by section 2(oo) of the industrial disputes act, 1947. the right to retrenchment compensation under section 25-ff arises on account of the fiction created by the use of the expression 'as if the workman had been retrenched' in ..... the supreme court in kasturi and sons v. salivateswaran, air 1958 sc 507, where section 17 of the working journalists (conditions of service and miscellaneous provisions) act, 1955, analogous to section 33-c of the industrial disputes act, 1947, was construed as providing a procedure for the recovery of the amount due from an employer and not a provision for the determination of the question .....

Tag this Judgment!

Aug 22 2005 (HC)

Bihar State Scheduled Caste Co-operative Development Corporation Ltd. ...

Court : Jharkhand

Reported in : [2005(107)FLR582]; [2005(4)JCR31(Jhr)]; (2006)IILLJ374Jhar

..... we had expressed our minds that the appellant-corporation should calculate the dues of each of the writ petitioners-workmen, if the provisions of section 25-f of the industrial disputes act, 1947, were to have been complied with fully and effectively, when their services were terminated. a chart has been prepared and submitted on behalf, of the appellants, which ..... for the appellants, in each of the letters of termination of services of the writ petitioners, there was an intention that the provisions of section 25-f of the industrial disputes act, 1947, should be given effect to, while passing the impugned orders of termination of service. unfortunately, although, there was an intention to comply with the said provisions, in ..... which their services had been terminated, the learned single judge was of the view that such termination was unlawful, since the provisions of section 25-f of the industrial disputes act, 1947, had not been complied with by the appellants herein and consequently, the writ application was allowed with a direction that the writ petitioners should be reinstated but with ..... in the writ application, the writ petitioners had questioned the manner in which their services had been terminated without due compliance with the provisions of section 25-f of the industrial disputes act, 1947.2. admittedly, the petitioners had been appointed in 'ajavini' at different points of time in different capacities. an engineering cell was opened in 'ajavini' but ultimately, a .....

Tag this Judgment!

Sep 01 2005 (HC)

State of Bihar (Now Jharkhand) and ors. Vs. the Presiding Officer, Lab ...

Court : Jharkhand

Reported in : [2006(1)JCR289(Jhr)]; (2006)IILLJ346Jhar

..... constitutional mandate under the directive principles, that the government should bring about a welfare state by executive and legislative actions. under such circumstances, the state is not an 'industry' under the industrial disputes act, 1947.9. referring to the oft-repeated decision of the hon'ble supreme court in the case of bangalore water supply and sewerage board v. a rajappa, : (1978 ..... their respective appointments beyond a period of 240 days, the said employees had acquired the status of permanent employees as per the provisions of section 25-b of the industrial disputes act, 1947. the labour court, also recorded the fact that the three employees, namely, haldhar mandal, raghuveer yadav and ganga mahato, who were similarly circumstanced, had already been made ..... reference case before the labour court at bhagalpur. after hearing the parties, the labour court held that the said order was in violation of the provisions of the industrial disputes act, 1947. the reference itself was thereafter, taken up and the presiding officer passed his award on 20th december, 1995, holding that the 46 concerned workmen who had appeared ..... and status of permanent employees, nor were they being paid as per the principles of equal pay for equal work. consequently these workmen invoked the provisions of the industrial disputes act, 1947, and the matter was referred for adjudication to the presiding officer, labour court, at bhagalpur and was registered as reference case no. 14 of 1987. while the .....

Tag this Judgment!

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 .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //