Court : Mumbai
Decided on : Sep-19-1983
Reported in : (1984)86BOMLR30; (1984)ILLJ56Bom; 1983MhLJ938
..... ; thirdly, the central government is not the state government for the union territory of goa, daman and diu under s. 2(a)(ii) of the industrial disputes act 1947; on the other hand, it is the administrator appointed under art. 239 of the constitution of india who is the state government for the union territory of goa, daman and ..... has also been made to the goa, daman and diu (laws) regulation, 1962 under which (see s. 3) several acts mentioned in the schedule to the said act are extended to the union territory of goa, daman and diu. among these acts is the industrial disputes act, 1947. we do not think it necessary to consider the various authorities cited at the bar because, in our opinion ..... , they are not relevant to the determination of the question whether the central governments the state government under s. 2(a)(ii) of the industrial disputes act. since the industrial disputes act is a central act, we must find out from .....Tag this Judgment!
Court : Delhi
Decided on : May-05-1983
Reported in : (1984)ILLJ165Del
..... controversy are that two references were made by the lieutenant governor, delhi in exercise of his powers under sections 10(1)(c) and 12(5) of the industrial disputes act, 1947, (hereinafter referred to as the 'act of 1947') to the additional labour court, one dated 15th september, 1969 relating to 20 workmen and the other dated 28th april, 1970 relating to one sh. ram raj ..... court. section 10(1) read with the proviso reads as under:- '10.(1) (where the appropriate government is of opinion that any industrial dispute exists or is apprehenced, it may at any time), by order in writing :- (a) refer the dispute to a board for promoting a settlement thereof; or (b) refer any matter appearing to be connected with or relevant to the ..... be affected are not more than 100 workmen, it is up to the appropriate government to refer it to the labour court or to industrial tribunal. the appropriate government could have, thus in the present case referred the dispute to the labour court. it has contended that the labour court had to be specially constituted in that behalf. labour court was already ..... or closure. they simply talk of re-instatement of the workmen to be taken back on duty and such a dispute is within the competence of the labour court and is covered by item no. 6 of second schedule to the act. item no. 6 relates to residuary matters which are not specified in the third schedule. even if for the sake .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-07-1983
Reported in : 1984(2)BomCR15
..... to continue them as such for years, with the object of depriving them of the status and privileges of permanent employees. such a provision has now been introduced in the industrial disputes act, 1947 when it was amended in the year 1982. the record further shows that at least two temporary employees viz., (1) suresh gangan and (2) govind keshav dutt who were junior ..... -conduct for which he could be punished and as such there was no necessity of holding inquiry against him. now the expression 'mis-conduct' has not been defined in the industrial disputes act, 1947. the dictionary meanings of the words 'mis-conduct' are 'improper behaviour' intentional wrong doing or deliberate violation of a rule of standard of behaviour 'and, therefore, what would be a ..... the circumstances, in exercise of the powers conferred by clause (c) of sub-section (1) of section 10 read with sub-section (5) of section 12 of the industrial disputes act, 1947 (hereinafter referred to as 'the act'), the deputy commissioner of labour (administration) bombay, made a reference by his order dated 31-7-74 to the 4th labour court, bombay, for adjudication of the ..... , in other words, that he has been unjustly dealt with.' a submission was made on behalf of the management in that case that 'victimization' had acquired a special meaning in industrial disputes and connoted a person who become the victim of the employer's wrath by reason of his trade union activities and that the word could not relate to a person .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-02-1983
Reported in : AIR1984SC1462; 1983LabIC1483; (1983)IILLJ429SC; 1983(2)SCALE199; (1983)4SCC214; 3SCR799; 1983(2)SLJ570(SC)
..... management of indian standards institution. : (1976)illj33sc this court had occasion to point out :.it is necessary to remember that the industrial disputes act, 1947 is a legislation intended to bring about peace and harmony between management and labour in an 'industry' so that production does not suffer and at the same time, labour is not exploited and discontended and, therefore, the tests ..... including an apprentice) in any industry to do any skilled manual or clerical work for hire or reward and includes, for the purpose of any proceedings under this ..... 2(s) of the industrial dispute, act. the reference was therefore held to be incompetent. a writ petition filed by s.k. verma was dismissed in limine by the delhi high court. s.k. verma has come before us under article 136 of the constitution.4. 'workman' was originally defined by section 2(s) of the industrial disputes act 1947 as meaningany person employed ( ..... o. chinnappa reddy, j.1. the central government, the appropriate government within the meaning of section 2(a) of the industrial disputes act, referred the following dispute for adjudication to the industrial tribunal-cum-labour court, new delhi : 'whether the action of the management of the life insurance corporation of india, mew delhi in dismissing shri s.k. verma, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-06-1983
Reported in : AIR1984SC356; (1984)ILLJ35SC; 1983(2)SCALE736; (1983)4SCC470; 1SCR251; 1984(1)SLJ198(SC); 1984(16)LC8(SC)
..... to be in force for a period of four years and thereafter until it is terminated in accordance with the provisions of s.l9(2) of the industrial disputes act, 1947. the period of four years fixed in that settlement expired on 31.10.1977 and the first union terminated that settlement in so far as it ..... and other relevant facts have to be weighed by the tribunal in every case, when it is called upon to fix an age of superannuation in an industrial dispute. 24. the tribunal noticed also the following observation made ia a later decision of this court in the case of burmah shell (delhi region) (1971)1l ..... relevant facts have to be weighed by the tribunal in every case when it is called upon to fix an age of superannuation in an industrial dispute. 4. thetrend'of industry in the bombay region to raise the age of retirement from 55 to 60 years was noticed by this court in dunlop rubber company v. ..... o.chinnappa reddy, j.1. the workmen of the bharat petroleum corporation limited, bombay raised an industrial dispute with regard to the retirement age of the clerical staff employed in the refinery division of the bharat petroleum corporation limited at bombay. ..... to 58 years in so far as it rejected the claim of the appellants to the age of retirement being raised to 60 years. '19. the dispute referred to the industrial tribunal, bombay was between the bharat petroleum corporation limited, bombay (for short 'company') and their workmen represented by the burmah shell refineries clerical staff union .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-06-1983
Reported in : 1983(2)BomCR747; [1984(48)FLR322]; (1984)ILLJ448Bom
..... central government or a state government, or who is subject to the air force act, 1950, the army act, 1950, or the navy act, 1957.'the learned counsel urged that the definition of 'employee' under the act is analogous to the definition of 'workman' under s. 2(s) of the industrial disputes act, 1947, and the scope and ambit of that definition has been construed by the supreme ..... court and the conclusion recorded by the authorities below is contrary to the decision of the supreme court. s. 2(s) of the industrial disputes act, defines 'workman' and reads as under :''workman' means any person (including ..... was not a workman within the meaning of the term in s. 2(s) of the industrial disputes act and the reference was not tenable. in the petition filed under arts. 226 and 227 of the constitution of india before the division bench, it was conceded on behalf of ..... of the employee was for servicing unit which was opened at nagpur. the service of the employee was terminated and the reference was made to the industrial tribunal under s. 10(1)(d) of the industrial disputes act, to ascertain whether the action of the management in terminating the services of variava was legal and justified. the tribunal came to the conclusion that variava .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-06-1983
Reported in : AIR1983SC865; (1983)2CompLJ194(SC); (1983)IILLJ8SC; (1983)3SCC289; 2SCR684
..... terminated with effect from december 1, 1976 and that he was entitled to continue in service.3. the government of west bengal referred the dispute to the second labour court under section 10 of the industrial disputes act, 1947 for adjudication on the issue whether the termination of the service of the petitioner was justified, and to what relief, was he entitled. the ..... on december 1, 1977, did not come to an end in law, because the conditions of section 25 of the industrial disputes act, 1947 had not been complied with by the respondent employer, section 25f provides that no workman employed in any industry who has been in continuous service for not less than one year under the employer shall be retrenched by the employer ..... lapour court considered the preliminary objection of the employer that there was no industrial dispute because the service of the petitioner had come to an end automatically ..... must be regarded therefore as having been retrenched on december 1, 1977. our attention is drawn to the definition of the expression 'retrenchment' in section 2(00) of the industrial disputes act. it reads:2(00): 'retrenchment' means the termination by the employer of the service of a workman form any reason whatsoever, otherwise than as a punishment inflicted by way .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-27-1983
Reported in : AIR1984SC289; (1983)IILLJ415SC; 1983(2)SCALE931; (1983)4SCC491; 1SCR85; 1983(2)SLJ607(SC)
..... in the above passage in the application which may be filed by the management during the pendency of its application made before the labour court or industrial tribunal seeking its permission under section 33 of the industrial disputes act, 1947 to take a certain action or grant approval of the action taken by it. the management is made aware of the workman's contention regarding ..... the defeat in the domestic enquiry by the written statement of defence filed by him in the application filed by the management under section 33 of the act. then if the management ..... before th6 matter could be taken up after the remand by this court and, therefore, there was no question of the central government taking action under section 8 of the industrial disputes act for filling up any vacancy. there is no need to say anything more about this objection which was not rightly raised before us by the learned counsel for the management ..... this court to the tribunal at chandigarh was not valid and that the only course open to the central government was to act under section 8 of the industrial disputes act, and no resort could be had to section 33b of that act. the high court had no difficulty in rightly rejecting this contention in view of the provisions of section 33b(l) of the .....Tag this Judgment!
Court : Delhi
Decided on : Mar-22-1983
Reported in : 1984(6)DRJ259; 1984LabIC798; 1984(2)SLJ6(Delhi)
..... union', assail the order of the lt. governor of the union territory of delhi, respondent no. i, dated august 18, 1971, made under section 12(5) of the industrial disputes act, 1947 (for short 'the act'). (2) rattan singh, an employee of messrs wings wear corporation, respondent no. 2, (for short 'the management') was suspended on august 23, 1968 for some misconduct. ..... amounted to victimisation for taking part in the trade union activities. (5) after considering the disputes the lt. governor refused to make the reference. the relevant part of the order (copy annexure 'c') reads as junder: 'asrequired under section 12(5) of the industrial disputes act, 1947, i am directed to inform you that for the reasons detailed below, the lt. ..... governor of the union territory of delhi does not consider the above dispute, a fit one for reference to the industrial tribunal, delhi, for adjudication : the dismissal of the following workmen, after holding ..... shri chauthi ram.'(6) in the writ petition it was averred that under the act the appropriate government was required to find out-(a) if any industrial dispute exists or is apprehended, (b) whether the persons raising the dispute were workmen, (c) whether the dispute was raised against any industry, and (d) whether there was any settlement existing at the time of commencement .....Tag this Judgment!
Court : Delhi
Decided on : Jan-10-1983
Reported in : ILR1983Delhi112; 1983RLR237; 1985(2)SLJ582(Delhi)
..... of his arguments, raised the question of jurisdiction of the labour court to determine the dispute. he says that the question of retrenchment was within the jurisdiction of the industrial tribunal because it is covered by entry no. 10 of the third schedule to the industrial disputes act, 1947 (the act). entry no. 10 is in these words :'retrenchment of workman and closure of establishment.' ..... did not accept the cheque. he returned it to the management on 3rd april, 1973. on 4th april, 1973 the management received it back. thereafter the workman raised an industrial dispute. the government referred the following question to the labour court for adjudication :'whether the retrenchment of sh. syed sabeer hussain is illegal or unjustified and if so to what relief ..... of the management, he argues. he has referred me to the observations of gupta j. at page 149 where in damadilal and ors. v. parashram, : air1976sc2229 [relied upon in industrial chemicals (supra)] he said 'it is well established that a cheque sent in payment of a debt on the request of the creditor, unless dishonoured, operates as a valid discharge ..... the labour court. in my opinion' the labour court had jurisdiction to determine this question.7. the word 'retrenchment' by itself is not determinative of the jurisdiction of the industrial' tribunal. it is directly connected with 'closure of establishment'. when a legal text requires interpretation because there is a reasonable doubt as to its meaning or scope, the first .....Tag this Judgment!