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Jun 24 1994

K. Chandrasekar Vs. Labour Enforcement Officer (Central), Ati Compound ...

Court : Andhra Pradesh

Decided on : Jun-24-1994

Subject : Criminal

Acts : Contract Labour (Regulation and Abolition) Act, 1970 - Sections 2 and 10(1)

Reported in : 1994(2)ALT151; 1994(2)ALT(Cri)151; 1995CriLJ3402

A2) principal employers. 9. Petitions allowed. Criminal - applicability of notification - Sections 2 and 10 (1) of Contract Labour (Regulation and Abolition) Act, 1970 … come up for consideration before the Kerala High Court in Ponar v. Labour Enforcement Officer (C) 1992 II CLR 593. Justice Pareed Pillay, 'dealing with the question of employees employed in the residential quarters of the Reserve … and thus it violates Notification No. 779 (2), dated 9-12-1976 and hence it amounts to violation of Section 10(1) of the Act. In S.T.C. 142 of 1993 the allegation is to the effect that 31 contract labourers

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Apr 29 2002

Ongc Labour Union and ors. Vs. Group General Manager (Project), O.N.G. ...

Court : Gujarat

Decided on : Apr-29-2002

Subject : Labour and Industrial

Acts : CLR Act - Sections 10(1)

Reported in : [2002(94)FLR967]; (2002)IIILLJ659Guj

concluded that, 'if the contract is found to be genuine and prohibition notification under Section 10(1) of the CLR Act in respect of the establishment concerned has been issued by the appropriate Government, prohibiting employment of contract labour … The Hon'ble Court has concluded that, 'if the contract is found to be genuine and prohibition notification under Section 10(1) of the CLR Act in respect of the establishment concerned has been issued by the appropriate Government,

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Jul 12 1990

Sheroo Kalikushroo Fatakia Vs. Union of India (Uoi) and ors.

Court : Mumbai

Decided on : Jul-12-1990

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 10(1), 12(4) and 12(5)

Reported in : (1993)IIILLJ714Bom

Sharma v. State of Haryana : (1985)IILLJ187SC ; M.P. Irrigation Karmachari Sangh v. State of M.P. 1985 (2) CLR 10 and Shambu Nath Goyal v. Bank of Baroda, Jullundur : (1978)ILLJ484SC the Supreme Court further ruled:'Applying the … decline reference are beyond the powers of the Government under the relevant sections of the Industrial Disputes Act. What the State Government has done in … Now, the submissions of Mr. Tulzapurkar are that (i) the appropriate Government while exercising discretionary powers under Section 10(1) read with Section 12(5) of the Act is entitled to take into consideration such material as was placed

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Jun 27 2007

Bhartiya Kamgar Sena Vs. Udhe India Ltd. and anr.

Court : Mumbai

Decided on : Jun-27-2007

Subject : Labour and Industrial

Acts : Contract Labour (Regulation and Abolition) Act, 1970 - Sections 2(1), 10, 10(1) and 10(1)(2); Minimum Wages Act; Factories Act, 1948 - Sections 2(1); Employees State Insurance Act, 1948 - Sections 40; Industrial Disputes Act - Sections 2; Constitution of India - Articles 38, 39, 42, 43, 43A and 226

Reported in : 2008(1)BomCR899; [2008(116)FLR457]; 2007(6)MhLj185

Board (supra), the Apex Court considered all the earlier judgments and in the context of the provisions of CLR Act examined the said issue and has observed in para 17 of its Judgment as under:17. Needless to note … 2002.2. The Industrial Court partly allowed the Reference and directed the appropriate Government to take necessary action under Section 10(1), (2)(a) to (d) of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'CLRA

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Mar 02 1994

Chief Executive Officer, Zilla Parishad, Chandrapur Vs. Deputy Commiss ...

Court : Mumbai

Decided on : Mar-02-1994

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 10, 10(1) and 12(4)

Reported in : [1995(70)FLR354]; (1995)ILLJ8Bom; 1994(2)MhLj1521

no order as to the costs. Labour and Industrial - jurisdiction - Sections 2, 10, 10 (1) and 12 (4) of Industrial Disputes Act, 1947 … reported decision of the Supreme Court in Telco Convoy Drivers Mazdoor Sangh v. State of Bihar, 1989 2 CLR 699. He drew my attention to the observation made in para 13, which is as under :- 'It … exhausted his alternative remedy and, therefore, now he cannot invoke the jurisdiction of the Labour Court via Section 10(1) of the Industrial Disputes Act, 1947. Shri Udhoji submitted that since the Assistant Labour Commissioner, before whom the

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Jun 07 2006

Vyapari Sahakari Bank Maryadit Vs. Ambure P.A. and ors.

Court : Mumbai

Decided on : Jun-07-2006

Subject : Constitution

Acts : Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 2(3), 25, 28 and 59; Bombay Industrial Relation Act, 1946 - Sections 3, 3(1), 3(2), 3(5), 3(6), 3(7), 3(8), 3(13), 3(18), 10(2), 20, 21, 22, 24, 24(1), 24(2), 25, 26, 26(17), 27, 28, 27A, 28, 28(1), 28(3), 30, 30(1), 33, 33A, 42, 42(1), 42(2), 42(4), 44, 44(1), 44B, 45, 46, 46(1), 48, 48(1), 64, 75, 78, 79, 80A, 97 and 97(1), 114, 114(1), 114(2) and 130; Industrial Disputes Act, 1947 - Sections 2; Trade Unions Act, 1926; Constitution of India - Article 226

Reported in : 2006(4)ALLMR372; 2006(4)BomCR21; [2006(111)FLR253]; 2006(5)MhLj277

Court in the Case of Nagpur District Central Co-Op. Bank v. State of Maharashtra and Ors. 1987 (II) CLR 283, wherein approach notice under Section 42(2) of the BIR Act by the employees before filing complaint under … of employers and employees and appearance on their behalf. Section 27-A therein states that, except as provided in Sections 32, 33 and 33-A, no employees should be allowed to appear or act in any proceeding under the … Act. 43. Chapter III deals with the recognition of unions and Section 10(2) therein states that the provisions of Chapter shall not apply to undertakings … of the Constitution of India, are directed against two separate orders dated 15.1.1996 and 17.1.1996 respectively passed by the Industrial Court, Solapur; one rejecting contention

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Dec 20 2005

T.T. Public School Vs. the Presiding Officer and anr.

Court : Punjab and Haryana

Decided on : Dec-20-2005

Subject : Labour and Industrial

Reported in : 2006(3)SLJ418(P& H)

The Contract Labour (Regulation & Abolition) Act, 1970 (hereinafter referred to for the sake of brevity as the CLR Act) was enacted for purposes of regulating the employment of contract about in certain establishments and to provide for … Tapen Sen, J.1. This Writ Petition is directed against the award dated 15.3.2001 passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court, Faridabad (respondent No. 1) … or about 11.7.2000 wherein he had prayed for various documents including the documents in support of registration under Sections 7 and 12 of the Contractor Labour (Regulation & Abolition) Act, 1970. She submits that the aforementioned application … been stated that the concerned workman continued working on daily wages till 10.5.1994 when he was paid full wages and relieved from duty.4. Thereafter, he

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Feb 21 2007

Kanak Industries Vs. General Labour Union (Red Flag), a Trade Union, R ...

Court : Mumbai

Decided on : Feb-21-2007

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 10, 10(1), 10A(3A), 22, 23, 23(3), 24, 24(1), 24(2), 33, 33(1) and 33(2); Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 12(6), 13(1)(5), 20(2), 24, 25, 25(1), 25(2), 25(3), 25(4), 25(5), 28, 30(1) and 59; Bombay Industrial Relations Act, 1946 - Sections 58(6), 66, 71, 72, 73 and 73A; Contract Labour Act; Code of Civil Procedure (CPC) , 1908 - Sections 10 and 11; Constitution of India - Article 226

Reported in : 2007(2)ALLMR477; 2007(5)BomCR286

Corporation v. Yadao 1985 LAB. I.C. 1012; Consolidated Pneumatic Tool Co. (I) Ltd. v. R.A. Gadekar 1986 1 CLR 322; and Association of Engineering Workers v. V.K. Date 2006 1 CLR 318. A Full Bench has also … adjudication before the Industrial Tribunal under Section 10 of the Industrial Disputes Act, 1947. The reference was on the question as to whether a lockout … In Yadao's case, the Division Bench had noted that the underlying rationale of Section 59 was akin to Sections 10 and 11 of the Code of Civil Procedure, 1908 which enjoined upon the Court not to proceed with

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Apr 16 2014

M/S. Haldyn Glass Limited Now Known as M/S. Haldyn Corporation Ltd. an ...

Court : Mumbai

Decided on : Apr-16-2014

Subject : Labour and Industrial

S.C. 976] and Ex-Hav. Satbir Singh vs. Chief of the Army Staff, New Delhi and Anr. [2012 III CLR 1077], the Supreme Court has ruled that denial of full back wages or withholding portion of back wages, … Dy. Commissioner of Labour (Conciliation), Bombay, to this Court under Section 10(1) and 12(5) of the Industrial Disputes Act 1947, for adjudication of a dispute between M/s. Haldyn Glass Works and 5 workmen whose names are mentioned … by the Dy. Commissioner of Labour (Conciliation), Bombay, to this Court under Section 10(1) and 12(5) of the Industrial Disputes Act 1947, for adjudication of

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Jul 05 2001

Gujarat Kamdar Panchayat Vs. Maize Products and anr.

Court : Gujarat

Decided on : Jul-05-2001

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 7(1), 10 and 10(1)

Reported in : (2002)1GLR567

between School Glass India Pvt. Ltd. v. Assistant Commissioner of Labour and Conciliation Officer, reported in 2000 (2) CLR 884. It is laid down by this Court once the reference of a dispute is already made, subsequent … election of Respondent 1, within the meaning of Section 83, read with Sections 100(1)(d)(iv) and 123 of the Representation of People Act?' For what we … his order dated 17th December, 1999 purporting to be a reference under Section 10(1)(c) of the I. D. Act, 1947', and that, 'Shri M. K. Patel, Deputy Commissioner of Labour, is not empowered to refer such a

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