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Dec 30 1998

H.P. State Electricity Board and anr. Vs. Presiding Officer and ors.

Court : Himachal Pradesh

Decided on : Dec-30-1998

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Section 33C(2); ;Payment of Bonus Act, 1965 - Sections 10 and 22

Reported in : (2000)ILLJ544HP

to execution proceedings and the Labour Court, like the executing Court, as in the execution proceeding governed by the Code of Civil Procedure on the interpretation of the award on which the claim is made by implementing the … Pradesh Housing Board. They seem to fall under the categories of T/Mate, Beldars, etc. and though on daily wages basis were found serving for more than a decade. Since their claim for payment of statutorily declared minimum … question of law as to the maintainability of a claim petition under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the

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Apr 22 2016

Yesumithra Sabanna Vs. Chief Manager, Nitin Arun Nivsarkar, Central Ra ...

Court : Mumbai

Decided on : Apr-22-2016

Subject : MRTP

the Respondent's challenge to the refusal of the Revisional Court for sanction of prosecution under Section 195 of the Code of Criminal Procedure is concerned, it is apparent from the record that what the Respondent alleges as false … to reinstate the first Respondent employee in his original post with continuity of service and with 50% back wages. Writ Petition No.638 of 2016 is filed by the first Respondent employee challenging the revisional order referred to … of a false affidavit under Section 193 of IPC read with Section 33(4) of the MRTU and PULP Act. The two petitions are being tagged

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Feb 13 1996

Deputy Engineer, Zilla Parishad, Umred and ors. Vs. Shantaram Ramaji a ...

Court : Mumbai

Decided on : Feb-13-1996

Subject : ArbitrationLabour

Reported in : 1996(5)BomCR504; (1997)IILLJ262Bom; 1996(2)MhLj116

of third division of the schedule so also to include some applications presented to the Court governed by the Code of Civil Procedure, the fact remains that the applications must be to the Courts to be governed by … the Industrial Disputes Act, 1947 (for short, 'the Act'), claiming difference of wages in accordance with the Kalekar Award for the period from 1968 to … November 22, 1993, whereby the 3rd Labour Court has allowed 49 applications filed by about 400 employees under Section 33-C(2) of the Industrial Disputes Act, 1947. Since common arguments have been advanced by the learned counsel for the

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Mar 12 1998

Ajithkumar B. Vs. Presiding Officer, Labour Court and ors.

Court : Kerala

Decided on : Mar-12-1998

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 33C(2); Minimum Wages Act, 1948 - Sections 2(1) and 12

Reported in : [1998(79)FLR753]; (1999)ILLJ780Ker

leave (including maternity leave), involuntary unemployment and the like. The Minimum Wages Act is thus not a self-contained code incorporating all the provisions relating to payment of wages, or even minimum wages; and the Act discloses no … of wages fixed by the Government of Kerala by notification No:GO(RT) 750/87/LBR dated May 15, 1987 issued under Section 5 of the Minimum Wages Act, 1948 in respect of employees in shops and commercial establishments. According to … was never heeded to. Therefore the petitioner filed an application under Section 33-C(2) of the Industrial Disputes Act, 1947 before the Labour Court claiming from

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Feb 08 1985

Kohinoor Tobacco Products Pvt. Ltd. Vs. Presiding Officer, Second Labo ...

Court : Mumbai

Decided on : Feb-08-1985

Subject : Labour and Industrial

Acts : Payment of Bonus Act, 1965 - Sections 10 and 22; Industrial Disputes Act, 1947 - Sections 33C(2)

Reported in : AIR1986Bom340; 1986(3)BomCR106; (1985)87BOMLR387

Section 22 of the Payment of Bonus Act, 1965?Whether the Payment of Bonus Act, 1965 is a complete Code for bonus payable under the said Act? If the answer is in affirmative, whether an application under Section … by the employees for computation of claims for minimum bonus under the Bonus Act as well as minimum wages under the Minimum Wages Act. The employer rushed to the Court for this writ even without filing a … Act? If the answer is in affirmative, whether an application under Section 33-C(2) of the Industrial Disputes Act, 1947, is maintainable for claiming minimum bonus

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Jul 13 1999

M/S. Whirlpool of India Ltd., Faridabad Vs. Presiding Officer, Labour ...

Court : Punjab and Haryana

Decided on : Jul-13-1999

Subject : Labour and Industrial

Reported in : (2000)ILLJ1177P& H; (1999)123PLR800

claimed by an Industrial employee is, in such cases, in the position of an execution proceedings governed by the Code of Civil Procedure the Labour Court under S. 33C(2) would be competent to interpret the award on which … not being beyond circumstances under his control. The person concerned has been acquitted. He claimed reinstatement and back wages. Section 33-C(2) of the Act had been pressed into service. The Supreme Court held that in the peculiar facts

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Dec 10 2015

M/s. Bellsonica Auto Component India Pvt. Ltd. Vs. State of Haryana an ...

Court : Punjab and Haryana

Decided on : Dec-10-2015

Subject : Labour and Industrial

not be discharged or dismissed from service unless he has been paid wages for one month and an application has been made by the employer … Commissioner, NCR, Gurgaon on November 10, 2015 whereby the application moved on behalf of the petitioner management under Section 33 (2) (b) of the Industrial Disputes Act, 1947 (the 'Act') has been rejected and consequently the application for … to para. 16 and 17 of the application filed under Order 39 Rule 1 and 2 of the CPC to prove the workman had prior knowledge of the inquiry and the charge-sheet. They are reproduced : -

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Apr 22 1999

U.P. State Electricity Board, Kanpur Vs. Presiding Officer, Labour Cou ...

Court : Allahabad

Decided on : Apr-22-1999

Subject : Labour and Industrial

Acts : Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2, 10, 33C(2) and 33(2); Code of Civil Procedure (CPC), 1908; Uttar Pradesh Retirement Benefit Rules, 1961

Reported in : 1999(3)AWC1881; [1999(81)FLR236]

the position of an Executing Court, like an Executing Court, dealing the execution proceedings under the Civil Procedure Code. A right would accrue to an employee to receive the benefits as alleged by him only when the … as it was not a case of pure computation or calculation of wages or benefits. which may have accrued to the employees.3. Sri S. N. … P. State Electricity Board (for short 'Board'). All of them have retired. They have filed separate applications under Section 33 (2) of the U. P. Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') for computation of

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Dec 28 1978

Anand Oil Industries Vs. Labour Court, Hyderabad and ors.

Court : Andhra Pradesh

Decided on : Dec-28-1978

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2A, 10 and 33-C(2); Payment of Bonus Act, 1965 - Sections 10, 22 and 39; Minimum Wages Act, 1979 - Sections 20 and 24

Reported in : AIR1979AP182

v. Abdul Bhai AIR 1978 SC 1455, declared that 'the Bonus Act speaks. and speak. as a whole Code. on the sole subject of profit based bonus but is silent, on, and cannot therefore annihilate by implication, other … the difference between the actual pay received by them and the minimum wages which they were entitled to receive every month from 5-7-1975 onwards under … by the employer does not take away the jurisdiction of the Labour Court to entertain a petition under Section 33-C(2) of the Industrial Disputes Act. While the right itself should be an existing right for enabling a workman

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Sep 29 1969

The Management of Southern Roadways (P.) Limited Vs. D. Venkateswarlu ...

Court : Chennai

Decided on : Sep-29-1969

Subject : Labour and Industrial

Reported in : (1971)1MLJ97

be final.(7) Every Authority appointed under Sub-section (1) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908) for the purpose of taking evidence and of enforcing the attendance … and Section 5 prescribes time of payment of wages. Sections 7 to 13 deal with deductions from the wages. Section 14 deals with the appointment of Inspectors and their powers. Section 15 is important and it is as … 1736 of 1969 has filed C.P. No. 287 of 1967 under Section 33(C)(2) of the Industrial Disputes Act, 1947, claiming overtime wages. The second respondent

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