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Judgment Search Results Home > Cases Phrase: the industrial disputes act 1947 Year: 2005 Page 1 of about 607 results (0.064 seconds)

Feb 02 2005 (HC)

Umesh Chandra Vs. Nagar Nigam and ors.

Court : Allahabad

Decided on : Feb-02-2005

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. .....

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Jun 24 2005 (HC)

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

Court : Allahabad

Decided on : Jun-24-2005

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 .....

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Aug 22 2005 (HC)

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

Court : Jharkhand

Decided on : Aug-22-2005

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 .....

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Sep 01 2005 (HC)

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

Court : Jharkhand

Decided on : Sep-01-2005

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 .....

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Jan 25 2005 (SC)

Maruti Udyog Ltd. Vs. Ram Lal and ors.

Court : Supreme Court of India

Decided on : Jan-25-2005

Reported in : AIR2005SC851; 2005(5)ALLMR(SC)405; [2005(104)FLR820]; JT2005(1)SC449; (2005)ILLJ853SC; (2005)2SCC638; 2005(2)SLJ358(SC); (2005)2UPLBEC1470

..... cannot continue with its production activity and the workmen employed therein cannot be given any job, alt workmen should be retrenched in accordance with the provisions of the industrial disputes act 1947 (hereinafter referred to as 'the 1947 act'). pursuant to or in furtherance of the said direction, a settlement was arrived at by and between the official liquidator and its employees, in terms whereof ..... until his remuneration and other conditions of service are duly altered by the central government or the government company, as the case may be.(2) notwithstanding anything contained in the industrial disputes act, 1947, or in any other law for the time being in force, the transfer of the services of any officer or other person employed in any undertaking of the company ..... in the case of the former, a retrenchment takes place, in the latter it does not. the parliament amended the provisions of the 1947 act by inserting section 25ff and section 25fff therein by reason of the industrial disputes (amendment act), 1957 with effect from 28.11.1956, as it was found that having regard to the helpless condition to which workman would be ..... petition was dismissed in limine by an order dated 5.5.1983. the respondents herein, long thereafter raised an industrial dispute by serving demand notices seeking reemployment in the services of the appellant purported to be in terms of section 25h of the 1947 act.5. the state of haryana in exercise of its power conferred upon it under section 10(1)(c) .....

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Sep 28 2005 (SC)

Air India Ltd. and ors. Vs. Vishal Capoor and ors.

Court : Supreme Court of India

Decided on : Sep-28-2005

Reported in : 2006(1)BomCR731; [2005(107)FLR855]; JT2005(12)SC170; 2005(7)SCALE619; (2005)13SCC42; 2006(1)SLJ11(SC); 2005(2)LC1391(SC)

..... before us was the refusal to allow the respondents 7 to 12 to raise their claim regarding their seniority because they had withdrawn their complaint under section 33a of the industrial disputes act 1947. it is nobody's case that the complaint of the adhikari group under section 33a was legally maintainable in reference no. ntb 1 of 1990. in fact both the ..... . that the writ petitioners should have been left to pursue their grievance relating to the breach of clause 7 (c) of the 1998 settlement before the appropriate forum under the industrial disputes act, 1947. there was a serious factual controversy as was noted by the high court itself in paragraph 22 of its judgment it had been contended by the adhikari group that the ..... order dated 14th november, 2000 the high court noted that the 1998 settlement was binding upon all workmen in view of the express provisions of section 18(3) of the industrial disputes act, 1947. the court also noted the submission of the adhikari group that the 1998 settlement could be challenged on the ground that the same was unjust, unfair, not bona fide, and ..... and the appellants that the grievance of the writ petitioners as to the alleged non-implementation of the 1998 settlement should be decided appropriately under the industrial disputes act 1947 and not under article 226, particularly, since there were disputed questions of fact. it was found that there was no factual controversy which justified the court in rejecting the writ petition on the ground of .....

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Dec 23 2005 (HC)

Ravi N. Tikoo Vs. Deputy Commissioner (S.W.) and ors.

Court : Delhi

Decided on : Dec-23-2005

Reported in : 128(2006)DLT267; [2006(109)FLR955]; 2006(3)SLJ118(Delhi)

..... workman herein to show that he had worked for 240 days in the preceding twelve months prior to his alleged retrenchment. in terms of section 25f of the industrial disputes act, 1947, an order retrenching a workman would not be effective unless the conditions precedent thereforee are satisfied. section 25f postulates the following conditions to be fulfilled by an ..... laid down were expanded by judicial pronouncement after a statutory amendment whereby the words 'where the appropriate government is of the opinion' were incorporated into section 10 of the industrial disputes act, 1947.reference in this regard can be had to the judgments reported at : (1989)iillj558sc bank of maharashtra and anr. v. om prakash malviya; : (1964)illj351sc bombay ..... oral or documentary evidence, the labour court held that the services of the workman shri bhaggu lal were terminated by the management in violation of the provisions of industrial disputes act, 1947, hence directed the management to reinstate him with full back wages.it is necessary to notice that the only documents placed on record before the labour court ..... the authorised representative of shri bhaggu lal, respondent no.5 herein, objected to the petitioner being represented through counsel and had filed an application under section 33 of the industrial disputes act, 1947 in this behalf. this application was allowed by the labour court by its order dated 6th march, 2004. the authorised representative of the petitioner was thereby precluded from .....

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Mar 24 2005 (HC)

Welcomgroup Searock Vs. Searock Hotel Employees' Union and Anr.

Court : Mumbai

Decided on : Mar-24-2005

Reported in : 2005(4)ALLMR74; 2006(2)BomCR899; [2005(106)FLR692]; (2005)IIILLJ483Bom; 2005(3)MhLj191

..... be necessary to record that one of the submissions that was urged before the court on behalf of the workmen was that the provisions of section 9-a of the industrial disputes act, 1947 were not complied with. i am not inclined to accept the submission for more than one reason. for one thing, a breach of section 9-a was not set up ..... premises of the hotel. the management submitted that it had duly complied with the provisions of the industrial disputes act, 1947 in so far as they are applicable. in so far as the provisions of section 25-n were concerned, the case of the management was that the provision was not ..... not necessary. in the statement of claim it was also alleged that there was a breach of the provisions inter alia of sections 25-g, h and n of the industrial disputes act, 1947. the management filed its written statement and its defence was that the services of the 12 liftmen have become surplus upon the installation of automatic self operating lifts at the ..... 5th march, 1991, 12 workmen who were engaged as liftmen for the purposes of the hotel were retrenched after due compliance with the provisions of section 25-f of the industrial disputes act, 1947. the union representing the workmen sought a reference to adjudication which was made by the appropriate government. the contention of the union in the statement of claim was to the .....

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May 06 2005 (HC)

Maharashtra State Road Transport Corporation Through Divisional Traffi ...

Court : Mumbai

Decided on : May-06-2005

Reported in : 2006(2)BomCR340; (2005)107BOMLR251; (2006)IILLJ283Bom; 2005(4)MhLj798

..... and sweeping buses at the rate of rs. 2/- per bus during the period of 8 hours' shift is 'wages' within the definition of 'wages' given in the industrial disputes act, 1947, and for which the services are hired. thereby, what we find that there was a relationship of employer-employee and the wages were paid to the employees who were ..... . it is difficult to envisage for them the status of workmen on the analogy of the provisions of industrial disputes act, 1947, importing the incidents of completion of 240 days work. the legal consequences that flow from work for that duration under the industrial disputes act, 1947 are entirely different from what, by way of implication, is attributed to the present situation by way of ..... therefore, the complainants and employees represented by the union are 'workmen' within the definition of 'workman' in the industrial disputes act, 1947. for that purpose we can also look to the definition of the 'wages' as is given in section 2(rr) of the industrial disputes act, 1947. it reads as under:'wages' means all remuneration capable of being expressed in terms of money, which would, ..... maharashtra kamgar union, thane. the bench considered the question as follows;'whether an unrecognised union is entitled to appear and act on behalf of the workmen of an industry governed by the industrial disputes act, 1947, hereinafter referred to as the 'i.d. act', in a complaint relating to unfair labour practices other than those specified by items 2 & 6 of schedule iv of .....

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Nov 07 2005 (SC)

R.M. Yellatti Vs. the Assistant Executive Engineer

Court : Supreme Court of India

Decided on : Nov-07-2005

Reported in : AIR2006SC355; [2006(108)FLR213]; [2006(2)JCR5(SC)]; JT2005(9)SC340; 2006(2)KarLJ447; (2006)ILLJ442SC; 2005(9)SCALE139; (2006)1SCC106; 2006(2)SLJ1(SC)

..... and that his services were wrongly terminated without complying with the provisions of section 25f of the industrial disputes act, 1947 (hereinafter referred to as 'the 1947 act'). consequently, he contended that the above termination constituted illegal retrenchment which was liable to be set aside. the above industrial dispute was referred by the state government to the labour court vide reference under section 10(i)( ..... c) of the 1947 act. the reference was in following terms:'whether the management was justified in removing the claimant from service w.e. ..... department of the government constituted an industry within the meaning of section 2(j) of the 1947 act. on the point of limitation, the labour court held that the limitation act, 1963 was not applicable to the proceedings under section 10 of the 1947 act. however, since there was a delay of three years in raising the industrial dispute and since the appellant was ..... tribunal was that he had completed working for 240 days in a year, the purported order of retrenchment was illegal as the conditions precedent to section 25f of industrial dispute act were not complied with. on the other hand, the management contended that the employee had worked for 136 days during the preceding 12 months on daily wages. .....

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