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Judgment Search Results Home > Cases Phrase: the industrial disputes act 1947 Year: 1950 Page 1 of about 55 results (0.058 seconds)

Nov 15 1950 (HC)

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

Court : Chennai

Decided on : Nov-15-1950

Reported in : AIR1951Mad191; (1951)ILLJ148Mad; (1951)IMLJ527

..... great reliance for their contention that the order of reference made by the govt. & the award passed thereon are in accordance with section 10(1), industrial disputes act, 1947, & therefore section 29 of the said act applies to the case & that the prosecution for non-implementation of such an award is therefore justified. but a careful perusal of the said decision ..... were mentioned in the list annexed to the reference, as represented by the india paper pulp workers union, & that it was expedient that the said dispute should be referred to the tribunal under the industrial disputes act, 1947, & so forth. the order of reference is extracted at p. 368 in the report refd. to above. a reading of that order makes ..... the concurrent list of the govt. of india act of 1935, amended the industrial disputes act, 1947, by madras act xii [12] of 1949. the act was called the industrial disputes (madras amendment) act of 1949. it amended sections 2, 10 & the schedule to central act xiv [14] of 1947. after sub-section (2) of section 10 of the central act, another sub-section was inserted as sub-section ..... that it is expedient to amend the industrial disputes act 1947, in its application to the province of madras for the purposes appearing thereafter & the act itself is styled 'an act to amend the industrial disputes act, 1947, in its application to the province of madras.' such being the case, the effect & operation of the amending act on the principal act has to be considered. delivering the judgment .....

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Dec 01 1950 (HC)

Raju's Cafe and Ors. Vs. the Industrial Tribunal and Anr.

Court : Chennai

Decided on : Dec-01-1950

Reported in : AIR1951Mad865; (1951)ILLJ219Mad; (1951)1MLJ236

..... . on 9-4-1948, the govt. of madras by g. o. no. 1791 development, made a reference under section 10(1)(c), industrial disputes act, 1947, to the industrial tribunal having its place of sitting at coimbatore, of an industrial dispute, which had arisen between the workers & managements of hotels in the whole of the coimbatore district in respect of certain matters, for adjudication. the ..... order : and whereas in the opinion of his excellency the governor of madras it is necessary to refer the said disputes for adjudication : now, therefore, in exercise of the powers conferred by section 10(1)(c), industrial disputes act, 1947 (central act xiv [14] of 1947), & in supersession of the orders issued in developmtnt department's notln. no. 363, dated 9 4-1948 published ..... on p. 3j3 of part i of the fort. st. george gazette dated 20-4-1948 his excellency the governor of madras hereby directs that the said industrial disputes be referred for adjudication to ..... the industrial tribunal having its .....

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May 26 1950 (SC)

The Bharat Bank Ltd., Delhi Vs. Employees of the Bharat Bank Ltd., Del ...

Court : Supreme Court of India

Decided on : May-26-1950

Reported in : AIR1950SC188; (1950)NULLLLJ921SC; (1950)ILLJ921SC; [1950]1SCR459

..... power to give a binding and authoritative decision (whether subject to appeal or not) is called upon to take action.'29. it was conceded that a tribunal constituted under the industrial disputes act, 1947, exercise quasi-judicial powers. that phrase implies that a certain content of the judicial power of the state is vested in it and it is called upon to exercise it ..... not a party to the dispute, all that the government has to do on receiving the award of the tribunal is to declare it to be binding and to state ..... of this court whenever it is found necessary to exercise that control in the interests of justice. 32. it is now convenient to consider whether a tribunal constituted under the industrial disputes act, 1947, exercises all or any of the functions of a court of justice and whether it discharges them according to law or whether it can ..... purview of article 136. if a subordinate court acts in excess of its jurisdiction or assumes a jurisdiction which it does not possess, the appellate court can always interfere and do what is contemplated to be done by a writ of certiorari. 13. it is to be noted that under section 15 of the industrial disputes act, 1947, in cases where the appropriate government is .....

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Jun 01 1950 (HC)

Municipal Commissioner of the Budge Budge Municipality Vs. P.R. Mukher ...

Court : Kolkata

Decided on : Jun-01-1950

Reported in : AIR1950Cal457,54CWN784

..... pass any legislation affecting the powers of a municipality.42. there can be no doubt that the industrial disputes act, 1947, is an act dealing with the settlement of industrial disputes and it does not purport to be an act dealing with the powers of a municipality. in dealing with industrial disputes the act does trespass to some extent upon a provincial subject, namely, the powers of a municipality. but such ..... one or more industrial tribunals for the adjudication of industrial disputes in accordance with the provisions of the act.(2) a tribunal shall consist of such ..... the constitution.9. there can be no doubt that the dispute in this case was between the employees of a municipality and the municipality. the argument is that such a dispute is not an industrial dispute and therefore not within the purview of the act.10. industrial tribunals are appointed by the appropriate government under section 7, industrial disputes act, 1947. that section provides:(1) the appropriate government may constitute .....

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Mar 01 1950 (SC)

The Bharat Bank Ltd., Delhi Vs. the Employees of the Bharat Bank Ltd., ...

Court : Supreme Court of India

Decided on : Mar-01-1950

Reported in : [1950]SuppSCR317

..... power to give a binding and authoritative decision (whether subject to appeal or not) is called upon to take action.'29. it was conceded that a tribunal constituted under the industrial disputes act, 1947, exercises quasi-judicial powers. that phrase implies that a certain content of the judicial power of the state is vested in it and it is called upon to exercise it ..... a party to the dispute, all that the government has to do on receiving the award of the tribunal is to declare it to be binding and to state ..... of this court whenever it is found necessary to exercise that control in the interests of justice. 31. it is now convenient to consider whether a tribunal constituted under the industrial disputes act, 1947, exercises all or any of the functions of a court of justice and whether it discharges them according to law or whether it can ..... purview of art. 136. if a subordinate court acts in excess of its jurisdiction or assumes a jurisdiction which it does not possess, the appellate court can always interfere and do what is contemplated to be done by writ of certiorari. 13. it is to be noted that under section 15 of the industrial disputes act, 1947, in cases where the appropriate government is not .....

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Sep 14 1950 (HC)

Indian Sugar Mills Association Through Its President Shri Hari Raj Swa ...

Court : Allahabad

Decided on : Sep-14-1950

Reported in : AIR1951All1

..... act. the matters which were referred to it for report were, to put it shortly, bonus payable to the workmen in the crushing season ..... . and bihar chine mill mazdoor federation and the. national sugar mill workers federation.3. some dispute had arisen between the labourers working in sugar mills and certain sugar factories in this province and the government purported to appoint a court of enquiry under sections 6 and 10, industrial disputes act, 1947 (xiv [14] of 1947), which for the sake of brevity may be called the central ..... so much of it as it approved and then purported to make an order of its own under section 3, u. p. industrial disputes act (xxviii [28] of 1947). this act, for the sake of brevity, has been hereafter mentioned as the u. p. act.6. the order complained against is in the notfn. no. 1425 (st)/xviii-13 (st)-50, labour department, government of uttar ..... who is a party to an industrial dispute shall be entitled to be represented in any such proceedings by an officer of an association of employers. it is clear that this section only refers to proceedings under the central act. the proceedings before us are 'not proceedings under the central act. there is no provision in the u. p. act 1947 under which it can be .....

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Oct 10 1950 (HC)

Thangavelu and 10 ors. Vs. the Buckhingham and Carnatic Co. Ltd., and ...

Court : Chennai

Decided on : Oct-10-1950

Reported in : (1950)0LLJ1219Mad

..... exercise of the powers conferred on them by section 10(1) of the industrial disputes act, 1947, the government of madras referred the disputes between messrs. the buckingham and carnatic company, limited (hereinafter referred to as the company) and their employees to the second industrial tribunal, madras, for adjudication. the disputes related to wages, dearness allowance, reinstatement and other conditions of service. ..... by dismissal or otherwise, any workmen concerned in such appeal save with the express permission in writing of the appellate tribunalsection 23 of that act corresponds to section 33a of the industrial disputes act of 1947. we do not think that the appellate tribunal should conduct an elaborate enquiry after notice to the workmen before granting the permission under ..... section 22.9. under the industrial disputes act, there can be an award by the tribunal; there may be in some cases a decision by the tribunal. ..... case. the only question therefore is to examine the scope of the order and its legal implications.4. section 33, as it now stands after the industrial disputes (appellate tribunal) act xlviii of 1950, is as follows:--conditions of service, etc., to remain unchanged during pendency of proceedings.--during the pendency of any conciliation proceedings or proceeding .....

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Nov 03 1950 (HC)

Manager, United Commercial Bank Ltd. Vs. Commr. of Labour and anr.

Court : Chennai

Decided on : Nov-03-1950

Reported in : AIR1951Mad141; (1951)ILLJ1Mad; (1951)IMLJ213

..... in & by which the central govt. in the exercise of the powers conferred by clause (c) of sub-section (1) of section 10, industrial disputes act (xiv [14] of 1947) referred certain further industrial disputes which had arisen after 13-6-1949 or were apprehended between the banking companies mentioned in sch. i annexed thereto & their employees in respect of matters ..... support of the appln. isthat the labour comr. had no jurisdiction to entertain the appeal, because under the provisions of the central act liv [54] of 1949 read with act xiv [14] of 1947, namely, the industrial disputes act, & having regard to the terms of the reference made by the central govt. already referred to the employee's only remedy ..... works in shops, commercial establishments, restaurants, theatres & other establishments. the industrial disputes act (xiv 14. of 1947) passed by the federal legislature was intended, as the preamble indicates, to make provision for the investigation & settlement of industrial disputes. section 41, sub-section (2) of madras act xxxvi [86] of 1947 gives the right to an employee who had been in service for ..... petnr. bank & its employees for adjudication by the central banking industrial tribunal (banks).8. the industrial disputes act, xiv [14] of 1947 was passed by the indian legislature & received the assent of the governor-general on 17-3-1947. under section 10(1) of the act, as it stood originally, if any industrial dispute exists or is apprehended, the appropriate govt. may, by .....

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Jul 12 1950 (HC)

The Electro Mechanical Industries Ltd. Vs. Industrial Tribunal No. 2 f ...

Court : Chennai

Decided on : Jul-12-1950

Reported in : AIR1950Mad839; (1950)IIMLJ479

..... acts are not in pari materia and the contention that the jurisdiction of the tribunal set ..... up under the industrial disputes act is excluded by the provisions of the payment of wages act is unwarranted.' these observations apply to the ..... the contention :'the tribunal contemplated by section 15, payment of wages act, is not, in our opinion, one which could affect the jurisdiction of the tribunal set up under section 7, industrial disputes act and to which a reference could be made under section 10 of that act. the tribunal set up under the industrial disputes act has a much wider jurisdiction. in our opinion the two ..... with the terms of employment of such workmen.'the payment of wages during the period of such lockout would also be clearly an industrial dispute.'the argument addressed to us based upon the provisions of the payment of wages act was also addressed to the federal court; but the argument was repelled as being unsound. the learned chief justice observed thus .....

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Jul 20 1950 (HC)

C.S. Gopal Vs. Industrial Tribunal Madras and anr.

Court : Chennai

Decided on : Jul-20-1950

Reported in : AIR1951Mad395; (1950)2MLJ655

..... of the management to pay gratuity to the workers on retirement of compulsory discharge. but it is too late in the day to contend that the industrial tribunal cannot go into the question of payments such aa bonus or gratuity which though strictly cannot be part of the contract between the parties, ..... nevertheless have been regarded impliedly as part of the terms of employment in an industrial concern as the learned judges say in baktavatsalu naidu v. chrome leather co. ltd., 1949-1 m. l. j. 119 'payments of gratuities, pensions ..... pay all the workers half a month's wage for every year of service pro rata. this payment was directed to be made because the industrial tribunal thought that the workers should get some compensation for the sudden closure of the concern. in the award there is a statement that the ..... make the payment while the workers said that he was in a position to pay. mr. suryaprakasam for the applicant contended that there was no dispute before the tribunal as regards the payment of any compensation andthat the tribunal had no jurisdiction to award such compensation. he also attempted to argue that ..... done in this case is to direct a payment of the kind referred to in that decision. it may not be exactly compensation for any wrongful act on the part of the management. it really partakes of the nature of a gratuity payable on retirement. in these circumstances the application must be dismissed .....

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