Court : Gujarat
Decided on : Oct-15-1970
Reported in : (1971)GLR690; (1972)ILLJ253Guj
..... of labour, conditions of labour, provident fund, employer's liability and workmen's compensation, health insurance, invalid pensions, old age pensions.' even, if the wide definition of the term 'industry' in the industrial disputes act, 1947, was not covered by the aforesaid entry 29, it would be clearly covered under this entry 27 as a labour welfare measure. their lordships, therefore, pointed out that the ..... basti sugar mills v. ram ujagar, [1963 - ii l.l.j. 447]; a.i.r. 1964 s.c. 355, a similar extension to contract labour, of the provisions of the industrial disputes act, 1947, by the u.p. legislature had been held to be reasonable because the interests of the general public always required that the device of the engagement of the contractor for ..... . the 2nd punjab tribunal, [1957 - i l.l.j. 460]; a.i.r. 1957 s.c. 329 at page 339. their lordships first upheld the validity of the industrial disputes act, 1947, even though the industrial arbitration involved an extension of the existing agreement or the making of a new one, or in general the creation of new obligations or modification of old ones, and ..... contractor was found to be a mere camouflage, and the test of master and servant relationship in the context of similar definition of 'workman' under s. 2(s) of the industrial disputes act, 1947, was held to be satisfied. it should be noted that that was also a case where the employees were required to work on the premises of the employer and, therefore .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-02-1970
Reported in : (1973)ILLJ193Bom
..... caused by shri n. a. athlye being on leave. there was no notification of transfer under s. 33b of the industrial disputes act, 1947. 5. under the provisions of s. 8 of the industrial disputes act, 1947, power is given to the state government in the case of a labour court or tribunal other than the national tribunal ..... of. 4. mr. ramaswamy appearing on behalf of the third respondent has drawn my attention to two notifications issued under ss. 33b and 8 of the industrial disputes act, 1947, respectively. copies of these two notifications have been annexed as ex. 2 (collectively) to the affidavit dated 1st october, 1966 filed on behalf of ..... in schedule b annexed to the order of reference. it may be mentioned that this reference was made under the provisions of s. 10 of the industrial disputes act, 1947, and it was made by the consent of the parties. reference no. 77 of 1963 was made on 25-2-1963, also to the ..... to four demands made on behalf of the workmen of parisian diary company were referred to the industrial tribunal for adjudication under s. 10(1)(d) of the industrial disputes act, 1947. in the course of the hearing the management reported closure of the business with effect from 1st march, 1966. on ..... been closed would not preclude the tribunal from considering the claim on the ground that it falls outside the purview of the industrial disputes act ...' 9. although this submission was rejected, the tribunal appears to have accepted the second branch of the argument of the learned .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-09-1970
Reported in : AIR1970SC1205; [1970(20)FLR297]; 1970LabIC1033; (1970)IILLJ256SC; (1970)1SCC225; 3SCR370
..... . 83b/57. for the reasons hereinafter stated, no conciliation could be arrived at and the state government declined to make a reference for adjudication under the u.p. industrial disputes act, 1947 (hereinafter called the act). on the said refusal, respondent 3 filed a writ petition in the high court for a mandamus. the high court dismissed the petition on the ground that the decision ..... is assigned to that expression in the central act. it is now well-settled by a long series of decisions that ..... , after the accrual of the cause of the dispute? (3) in what circumstances can the government refer such a dispute for adjudication after it has once refused to do so3. the definition of 'industrial dispute' in section 2(1) of the act is in the same language as that in section 2(k) of the industrial disputes act, 1947. the expression 'industrial dispute', therefore, must bear the same meaning as it .....Tag this Judgment!
Court : Delhi
Decided on : Apr-06-1970
Reported in : (1971)IILLJ375Del
..... the delhi administration prohibiting the continuance of the strike by the petitioner union which was passed in exercise of powers conferred by sub-section (3) of section 10 of the industrial disputes act, 1947 has been challenged by this writ petition on three main grounds. firstly, because sub-section (3) of section 10 of the said ..... by the government in exercise of their power under rule 4 of the income-tax officers (class i, grade ii) service recruitment rules.(11) the said act makes provision for the investigation and settlement of industrial disputes and for certain other purposes. these other purposes are as have been stated by the supreme court in niemla textile's case (supra). section 23 of ..... matter of deciding whether or not to pass an order under section 10(3) prohibiting the continuance of a strike. section 10(1) of the said act which empowers the appropriate government to refer an industrial dispute existing or apperehended to boards, courts or tribunals was challenged in niemla textille's case air 1957 s.c. 329 on the ground that this section ..... dealing with the same or similar matters. the supreme court repelled the challenge, after considering the provisions of the act it expressed the view that,- 'thebasic idea underlying all the provisions of the act is the settlement of industrial disputes and the promotion of industrial peace so that production may not be interrupted and the community in general may be benefited. this is the end .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-17-1970
Reported in : (1973)ILLJ12Bom
..... , maharashtra, bombay in reference (it) no. 4 of 1968. the said reference was made to the tribunal by the government of maharashtra under s. 10(1)(d) of the industrial disputes act, 1947 in respect of demands of the employees of the petitioners working in the new empire cinema at bombay. the demands were for revision of wage scales with effect from june ..... joint manager is fixed at rs. 225-20-425-25-550 and there is nothing on the record to show that he was not a workman as defined by the industrial disputes act. 14. for the above reasons, we find no substance in any of the grounds urged by mr. sawant except with regard to the grievance of the petitioners against the order ..... be taken into consideration while fixing the wages and other service conditions of this cinema. i am fortified in this view by the award of the national industrial tribunal at bombay in respect of the industrial disputes of the workmen of the banking companies. by the award the banks have been classified in three classes, viz., a, b, and c on the basis ..... does not arise in the present case as the financial capacity of the company has, for the reasons aforestated, not been disputed. in considering the first question, the tribunal has first to ascertain whether there are comparable concerns in the same industry in the region. in doing so, it has to take into account the extent of business, the capital invested, the .....Tag this Judgment!
Court : Delhi
Decided on : Sep-30-1970
Reported in : AIR1971Delhi160; [1971(22)FLR363]
..... and madhya pradesh on the one hand and their workmen on the other hand was referred to the industrial tribunal under the powers conferred on the central government by clause (d) of sub-section (1) of section 10 of the industrial disputes act, 1947. it is not disputed that though reference was made as far back as in 1961 there has been no progress with the ..... reference although neither the industrial tribunal nor the parties concerned were restrained by any court order from proceedings with the reference. after a ..... of india requesting that the services of shri. ahulawalia be made available to act as arbitrator . this request was accepted to. thereafter consent of shri. ahulwalia was also obtained to act as an arbitrator. on 14-10-1960 an arbitration agreement as required by section 19-a of the industrial disputes act 1947 duly signed by the petitioner on behalf of the employers concerned and the ..... agreement and so the provisions of section 10-a were not attracted and the government was perfectly within its rights to make the impugned reference under sec 10 of the industrial disputes act. it has also been contended that whereas the first arbitration agreement was signed on behalf of the 23 manganese mine-owners the second arbitration agreement dated 14-10-1960 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-01-1970
Reported in : AIR1970SC1407; [1970(20)FLR399]; (1970)IILLJ266SC; (1970)1SCC735; 1SCR177
..... law mentioned above.c.a. no. 1705 of 1969.2. the management of safdarjung hospital, new delhi was the respondent in a petition under section 33c(2) of the industrial disputes act, 1947 in a petition by the present respondent kuldip singh sethi, a lower division clerk in the hospital, for computation of the amount of salary etc. due to him in ..... the tribunal, the management of the hospital took the objection inter alia that a hospital was neither a trade nor a business, nor an industry as defined in the industrial disputes act and as such the provisions of the industrial disputes act were not applicable and the reference was incompetent. the high court holds this point against the management, following the hospital mazdoor sabha : (1960 ..... held applicable. we shall follow the same course here. we shall first consider the general proposition whether a hospital can be considered to fall within the concept of industry in the industrial disputes act and whether all hospitals of whatever description can be covered by the concept or only some hospitals under special conditions. we shall then consider the merits of the ..... case although they conceded that it was not yet overruled. we accordingly heard arguments on the general question whether a hospital can be said to be an industry falling within the industrial disputes act and under what circumstances. we also heard arguments on the merits of the appeals to determine whether the decisions rendered therein could be upheld even if the .....Tag this Judgment!
Court : Delhi
Decided on : Mar-02-1970
Reported in : ILR1970Delhi851; 1971LabIC526
..... r. sharma, workman on the ground of alleged 'prejudice and in the interest of justice; 3. now, thereforee, in exercise of the powers conferred by section 33b of the industrial disputes act 1947 (xiv of 1947) read with the government of india, ministry of home affairs notification no. 2/2/61- judl.ii, dated the 24th march 1961, and for the aforesaid reasons, the lt ..... hans raj) from the stage at which it stood at the time of transfer. (2) the petitioner questions this order of transfer as not complying with section 33b of the industrial disputes act 'in substance and in letter'; though the order was quasi-judicial it was made on the representation of the union and without hearing the management. it was further attacked as ..... than in the case of an administrative order simpliciter. (13) orders under section 33b themselves may be either administrative or quasi-judicial according to the context. an order traasferring one industrial dispute from one labour court to another for purely administrative reasons, such as a transfer of the concerned officer, or in order to distribute the work between different officers and it ..... writing) is made transferring the proceedings, the precise terms of the impugned order (dated 2nd december 1969) may also be noticed:- 'no.f. 289/co(l)/68-lab.:-whereas the industrial dispute existing between the management of m/s. blue star engineering company (bombay) private ltd., and its workman shri n. r. sharma was referred for adjudication to the labour court, .....Tag this Judgment!
Court : Kerala
Decided on : Feb-13-1970
Reported in : AIR1971Ker190
..... 1962 closing t. m. p. no. 2 with effect from the 31st december, 1962, the workmen were paid compensation as provided in the proviso to section 25fff of the industrial disputes act 1947.2. the payment of wages application was filed claiming firstly that the proviso to section 25fff had no application, and therefore, they were entitled to compensation for the full period ..... recover from respondent 1 wages for the notice-month and retrenchment compensation amounting to rs. 12,853-60 payable to the employees under section 25ff of the industrial disputes act, 1947. on respondent 1 contesting the claim as also the jurisdiction of the authority, the authority raised certain preliminary issues, namely :(1) whether the said application was maintainable in view ..... licence;(2) whether the authority had jurisdiction to determine the liability of respondent 1 for retrenchment compensation before the amount thereof was ascertained under section 33c(2) of the industrial disputes act, and(3) whether in view of the services of the workmen not having been interrupted by the said transfer and the terms and conditions of service applicable to them ..... . 2in our view it would be the labour court in such case which would be the proper forum which can determine such questions under section 33c(2) of the industrial disputes act which also possesses power to appoint a commissioner to take evidence where questions of fact require detailed evidence. shrl shrof. however, drew our attention to the decision in uttam .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-19-1970
Reported in : AIR1970SC1217; 1971(0)BLJR262; [1971(21)FLR11]; 1970LabIC1040; (1970)IILLJ138SC; (1970)1SCC490; 3SCR708
..... dismissing a writ petition under articles 226 and 227 of the constitution challenging the award passed by the labour court on a reference to it of an industrial dispute under section 10(1) of the industrial disputes act, 1947.2. the reference arose from the following facts : prior to april 20, 1959 the government of bihar was conducting through one of its departments, called the ..... quite clear from the record that the cause of respondent 3 was taken over and espoused by the respondent union before the conciliation officer. the dispute, therefore, was an industrial dispute referable under section 10(1) of the industrial disputes act by the government of bihar and the reference was a competent one.8. the next question is whether the appellant corporation was the successor-in ..... before us : (a) that the respondent was a temporary employee engaged as a head clerk and was, therefore, not a workman as defined by section 2(s) of the industrial disputes act, (b) that the order terminating his services was an order of termination simpliciter and the labour court was, therefore, not entitled to interfere with or set aside such an order ..... labour court by an order dated february 24, 1961.3. the labour court found : (a) that respondent 3 was a workman within the definition of that term in the industrial disputes act and the standing orders governing the appellant corporation, and that though appointed a head clerk, there was no evidence to show that his work as such head clerk was managerial .....Tag this Judgment!