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Gujarat Water Supply and Sewerage Board and anr. Vs. Ketanbhai Dinkarr ...

Court : Gujarat

Subject : Labour and Industrial

Acts : Constitution of India - Articles 226 and 227; Industrial Disputes Act, 1947 - Sections 10, 10(1), 18, 19, 33, 33(2), 33C, 33C(1) and 33C(2); Industrial Disputes (Appellate Tribunal) Act, 1950 - Sections 20 and 20(2); Minimum Wages Act, 1948 - Sections 2, 13, 13(1), 13(2), 14 and 15; Minimum Wages Rules - Rule 25 and 25(1); Factories Act, 1948 - Sections 59; Coal Mines Provident Fund and Bonus Schemes Act, 1948; Payment of Bonus Act - Sections 22

Reported in : (2001)2GLR1829

the position of an executing Court, the labour Court like the executing Court in execution proceedings governed by the Code of Civil Procedure, is competent under Section 33C(2) to interpret the award or settlement where the benefits claimed … on the ground that according to the rules of the petitioner-Board and under the provisions of the Minimum Wages Act, the respondent-workmen are required to work eight hours in a day, meaning thereby, their working hours are … employer under a settlement or an award or under the provisions of Chapter V-A or Chapter V-B, the workman himself or any other person authorized … by passing award on 26-7-1999 and has also granted costs of Rs. 501-00 to each respondent-workmen. 8. I have heard the learned Advocates for the

Bhanwarlal and ors. Vs. Rajasthan State Road Transport Corporation and ...

Court : Rajasthan

Subject : Labour and Industrial

Reported in : (1985)ILLJ111Raj

to the prohibition of discrimination guaranteed by Article 15(1). The three provisions form part of the same constitutional code of guarantees and supplement each other. If that be so, there would be no difficulty in holding that … the directions cann't be given in all matters including recruitment, conditions of service and training of its employees, wages to be paid to the employees reserves to be maintained by it and the Corporation cannot depart from … taker, to them due to limitations of Article 311? If so whether Chapter V-A of the I.D. Act occupies this field making Clause 13 redundant … Makalu 1983 Lab. IC 350 of Bombay with Amarsing 1980-21 Guj. LR 500 of Gujarat. To understand and appreciate the various dictums of law from

Miya Singh Vs. Haryana Roadways and anr.

Court : Punjab and Haryana

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 33(C)(2); Industrial Disputes Amendment Act, 1964

Reported in : (1993)IIILLJ486P& H

the position of an executing court, the Labour Court like the executing court in execution proceedings governed by the Code of Civil Procedure, is competent under Section 33C(2) to interpret the award or settlement where the benefit is … the question, the facts of the case may be stated thus: The petitioner was appointed chowkidar on daily wages in the Haryana Roadways Depot, Kaithal, on 8th December, 1976. He was paid wages on monthly basis at … employer under a settlement or an award or under the provisions of Chapter V-A or Chapter V-B, the workman himself or any other person authorised … asked by the workman had been gone into and denied on merits. 5. The question posed in the beginning of this order necessitates an examination

Bihar State Electricity Board Vs. Regional Provident Fund Commissioner ...

Court : Patna

Subject : Service

Acts : Provident Funds and Miscellaneous Provisions Act 1952 - Section 16(1)(b)(c); Central or State Act- Section 17; Electricity Act - Section 79(c); Bihar Panchayat Samitis and Zila Parishads Act 1961 - Sections 32, 2(f), 6, 7(A); Constitution of India - Articles - 226, 38, 43

by the contractor. Contractor employing 20 or more workers is within the purview of the Act and separate code number is to be provided to those contractors who supply 20 or more workers to the establishment.  He … 73 of the  aforesaid Rules, it is the duty of the principal  employer to ensure disbursement of the wages to  the workers of the contractor(s) in presence of its  representative who is obliged to record certificate  at … workers of the  contractor(s) in the pension fund in terms of  paragraph-30, Chapter-V of the scheme, which  inter alia  provide the manner in which the … virtue of Sub-Section-(c)  of Section-16(1) of the Act.With reference to  letter nos.608, 561 dated 3.11.1995 and  20.10.1995 issued from the office of the Regional  Provident

Rashtriya Chemicals and Fertilisers Limited and ors. Vs. Ramesh Kamble ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Constitution of India - Article 226; Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1972 - Sections 25, 39, 44 and 48(1)

Reported in : [2003(96)FLR970]; 2003(1)MhLj178

petitioners were bound to obey the said order. The jurisdiction of the Labour Court under Section 25 in Chapter 5 of the Act is restricted to the grant or refusal to grant declaration in respect of illegality of … groundless, but that does not mean that the accused cannot approach the High Court under Section 482 of the Code or Article 227 of the Constitution to have the proceeding quashed against him when the complaint does not … the criminal complaint was to pressurise the petitioners to pay three days wages of the strike period which were deducted from the wages of the

N.T.P.C. and ors. Vs. Badri Singh Thakur and ors.

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Madhya Pradesh Industrial Relation Act, 1960 - Sections 2(13), 2(14), 51 and 52; Contract Labour (Regulation and Abolition) Act, 1970 - Sections 1, 7, 10, 10(1), 10(2), 12, 21, 30 and 35; Industrial Disputes Act - Sections 2; Constitution of India - Articles 226, 254, 254(1) and 254(2)

Reported in : (2009)ILLJ198SC; (2008)7MLJ927(SC); 2008(11)SCALE275; (2008)9SCC377; 2009(1)SLJ484(SC); 2008AIRSCW5649; 2008(9)SCC377; 2008LABIC3596

State admitted that all the requirements were satisfied for acting under Section 10(2) but because of the election code of conduct it was unable to act and passed order for absorption of workers saying that it had … conditions of the employment between the Corporation and the contract labour and they were entitled to the same wages as the workmen of the Corporation and there can be abolition of the contract labour on regular basis.2. … useful to have a bird's-eye view of that Act. It contains seven Chapters. Chapter I has two sections; the first relates to the commencement and … have to move the Labour Court as per the provisions of Sections 51 and 52 of the 1960 Act and if it is an individual,

In Re: Petition of Eatansi Kalianji and Six ors.

Court : Mumbai

Subject : Civil

Reported in : (1878)ILR2Bom148

is a continuous act of procedure so it appears must be the other. Under the new Code the wages of domestic servants are not liable to attachment (section 266). If wages were attached on the 30th September … in their application.7. I have read with minute attention the whole of chapter XIX of the new Code, extending from Section 223 to Section 343 … duty loyally to carry into effect the intentions of the Legislature. But where those intentions, as disclosed in the Code itself, wear an aspect purely prospective; were we, in advancement of a supposed policy, to give to them … if the decree be for the payment of money not exceeding Rs. 500, or for a longer period than three months, if the decree be

The Palampur Co-operative Marketing and Consumer Federation Limited Vs ...

Court : Himachal Pradesh

Subject : Trusts and SocietiesLabour and Industrial

Reported in : 2008(1)ShimLC237,2009(2)SLJ117(HP)

for the petitioner contends that the Co-operative Societies Act and the Rules framed there under are a complete code in itself and they specifically bar the jurisdiction of all other Acts and laws and as such the … society.3. The workman in CWP No. 898 of 2005 was engaged as a driver on 15.7.1998 on daily wages. The services of the workman were dispensed with on 31.10.2000. The workman in CWP No. 899 of 2005 … could not have been terminated without following the procedure laid down in Chapter V-A of the Act.6. To appreciate the rival contentions of the parties, … reinstated with all consequential benefits including back wages to the extent of 50%. These orders are under challenge before us.5. Mr. Ajay Sharma, learned Counsel

Jay Kay Marbles Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Subject : Labour and Industrial

Acts : Employees' State Insurance Act, 1948; ;Employees' State Insurance (General) Regulations, 1950 - Regulation 10B

Reported in : (1997)IIILLJ368J& K

factory or an establishment to which the Act applies for the first time and to which an Employer's Code Number is not yet allotted and the employer in respect of a factory or an establishment to which … of this Act or whether he is liable to pay the employee's contribution or (b) The rate of wages or average daily wages of an employee for the purpose of this Act or, (c) The rate of … time, the following questions are required to be decided by us:-1) Whether Chapter IV of the Employees' State Insurance Act, 1948 (Central Act No. 34 … not to pay the contributions as envisaged under Section 39 of Act? 5) Whether the notices of demand issued from time to time by the

T. Gattaiah and 86 ors. Vs. Commissioner of Labour and anr.

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Constitution of India - Articles 12 and 226; Industrial Disputes Act, 1947; Industrial Disputes (Amendment) Act, 1976; Indian Companies Act

Reported in : [1981(43)FLR202]; (1981)IILLJ54AP

establishments is governed by the provisions of Chapter V-B of the Industrial Disputes Act which is a Special Code relating to such large industrial establishments. Section 25F occurring in Chapter V-A, which is a general section occurring … are, therefore, null and void and to direct the said company to continue them in service with back wages. 2. The Commissioner of Labour, Hyderabad although served with rule nisi of this Court, entered no appearance and … section and as that had been done no cause for complaint survives. 5. The first question that should be considered is whether the petitioners' lay-off