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Ex-constable Ramvir Singh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2008(16)SCALE253; (2009)3SCC97:2009AIRSCW163:2009(1)LHSC93

..... matter of which we can take cognizance at this stage.14. the question as to whether refusal to take food by itself would come within the purview of section 41 of the army act, 1950, this court in ranjit thakur (supra) held:the submission that a disregard of an order to eat food does not by itself amount to a disobedience ..... to a lawful command for purposes of section 41 has to be examined in the context of the imperatives of the high and rigorous discipline to be maintained in the ..... law.ii. the purported misconduct having been committed by appellant while he was in prison, it does not come within the purview of 'misconduct' within the meaning of section 22 of the act.8. mr. a. sharan, learned additional solicitor general, on the other hand, submitted:i. appellant being in uniform service, where discipline is considered to be of .....

K.H. Pandhi Vs. the Presiding Officer, Addl. Labour Court and the Mana ...

Court : Delhi

Reported in : 110(2004)DLT101; 2004(73)DRJ249; [2004(101)FLR518]; (2004)IILLJ877Del; 2004(3)SLJ88(Delhi)

..... or whose dismissal, discharge, or retrenchment has led to that dispute, but does not include any such person - (i) who is subject to the army act, 1950, or the air force act, 1950, or the navy (discipline) act, 1934; or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who ..... lab. i.c. 918, the learned additional labour court came to the conclusion that the petitioner was not a workman within the meaning of section 2(s) of the industrial disputes act, 1947 (the act) and, thereforee, the dispute raised by the petitioner is not an industrial dispute, thereby making the reference incompetent.9. the first question ..... functions being performed by an employee in all cases. when an employee is employed to do the types of work enumerated in the definition of workman under section 2(s), there is hardly any difficulty in treating him as a workman under the appropriate classification but in the complexity of industrial or commercial organisations quite .....

Shri Sai Bhakta Samaj (Regd.) Vs. Shri Durga Prasad and ors.

Court : Delhi

Reported in : 133(2006)DLT132; [2006(111)FLR814]

..... whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person -(i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer or other employee of a prison; or ..... religious hymens and bhajans and artieswhich he has to recite in the temple. this work cannot be considered by any stretch of imagination a work specified in section 2(s) of the act. the tribunal has misdirected itself by considering a pujari as a workman. the other workman was working as a chowkidar. since the activities of the petitioner ..... years.6. another factor which strikes the mind is that one of the workman is a pujari. he has been held as a workman unmindful of section 2(s) of i.d. act. section 2(s) of the act reads as under:(s) 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, .....

Purandaran Vs. Hindustan Lever Ltd.

Court : Kerala

Reported in : [2001(89)FLR522]; (2001)IILLJ52Ker

..... whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person- (i) who is subject to the air force act, 1950(45 of 1950), or the army act 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a person; or ..... view that it is the finding in the bench decision of this court that applies to the facts of the present case.5. s. (2)(s) of the i.d. act defines a 'workman' as follows:'2(s) 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, ..... adopted the voluntary retirement scheme which tantamount to resignation are not entitled to claim the status of 'workmen' for the purpose of s. 2(s) of the industrial disputes act. consequently, the claim was found to be not maintainable and dismissed.2. mr. a. x. varghese, the learned counsel for the petitioners, relied on the decision in nar .....

Mar Baselius Medical Mission Hospital Vs. Joseph Babu

Court : Kerala

Reported in : 2007(1)KLJ622; (2007)IILLJ925Ker

..... , discharge or retrenchment has led to that dispute, but does not include any such person-(i) who is subject to the air force act, 1950(45of 1950) or the army act, 1950 (46 of 1950)or the navy act, 1957(62 of 1957); or(ii) who is employed in the police service or as an officer or other employee of a prison; ..... fact manipulated the attendance register to mark attendance on sundays and holidays also without actually working.4. 1 have considered the rival contentions in detail.5. section 2(s) of the industrial disputes act defines the 'workman' as follows:(s) 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, ..... functions being performed by an employee in all cases. when an employee is employed to do the types of work enumerated in the definition of workman under section 2(s), there is hardly any difficulty in treating him as a workman under the appropriate classification but in the complexity of industrial or commercial organizations .....

Ballkhan Doskhan Joya Vs. Gujarat Electricity Board

Court : Gujarat

Reported in : [2002(92)FLR914]; (2001)3GLR2666

..... discharge or retrenchment has led to that dispute, but does not include any such person - (i) who is subject to the air force act, 1950 (xlv of 1950) or the army act, 1950 (xlv1 of 1950), or the navy act, 1957 (lxii of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison ..... by appointing him as an apprentice. after issuing the appointment order as an apprentice, the contract of apprentice was sent to the apprentice adviser. section 3 of the apprentices act states that 'a person shall not be qualified for being engaged as an apprentice to undergo apprentice training in any designated trade unless he ..... because, for want of registration of his apprenticeship contract, he cannot be treated to be an 'apprentice' undergoing apprenticeship training. 'apprentice' has been defined under section 2(aa) to mean 'a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship.'7. the other question that arises is that if the .....

Laxmikant Mohanlal Dawda Vs. Servo Drives Pvt. Ltd.

Court : Gujarat

Reported in : (2000)IIILLJ1300Guj

..... or whose dismissal, discharge orretrenchment has led to that dispute, but doesnot include any such person -(i) who is subject to the air force act, 1950 (45of 1950) or the army act, 1950 (46 of 1950) orthe navy act, 1957 (62 of 1957); or(ii) who is employed in the police service or asan officer or other employee of a prison; or( ..... court for adjudication. onpreliminary objection of the respondent, the labour courtdismissed the reference by observing that the petitioneris not a workman within the meaning of section 2(s) ofthe act. it is this order of the labour court which isunder challenge in this petition.3. learned counsel for the parties have been heard.the ..... application of mind to the evidence and material onrecord while recording the findings by it. on the face offinding of fact recorded by the labour court, provisionsof section 2(s)(iv) are attracted and as such thepetitioner cannot be treated to be workman. reference wastherefore, rightly dismissed by the labour court. thereis no .....

Brijesh Narayan Vs. Rajasthan State Co-operative Bank Ltd. and ors.

Court : Rajasthan

Reported in : RLW2006(1)Raj210

..... dismissal, discharge or retrenchment has led to that dispute, but does not include any such person--(i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer or other employee of a prison; or ..... goliath detectives (p) ltd., jaipur and not of the respondent bank. the labour court while holding as above ignored the definition of workman as provided under section 2(s) of the act of 1947 (rajasthan amendment) which reads as under:'workman' means any person including an apprentice employed in any industry by an employer or by a contractor in ..... a managerial nature.the portion underlined is inserted with main provision by rajasthan act 34 of 1958, section 3, w.e.f. 1.7.1960)9. from reading of definition of 'workman' as provided under section 2(s) of the act of 1947 as amended by rajasthan amendment act no. 34 of 1958 include any person employed in any industry by .....

C.K. Ravindaran Vs. New Horizon Sugar Mills Limited Represented by Its ...

Court : Chennai

Reported in : (2007)IILLJ613Mad

..... dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-i who is subject to the air force act, 1950 (45 of 1950) or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); orii who is employed in the police service or as an officer or other employee of a prison; oriii ..... circumstances supporting the claim 13. the only short point involved in this case is whether the petitioner falls under the definition of a 'workman' as contemplated under section 2(s) of the act which reads as follows:workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical operational, clerical ..... capacity was drawing more than rs. 1,600/-, the amount over which an employee should not draw if he is to be called as a 'workman' as per section 2(s) extracted above. further, his nature of duties as junior engineer (designs) such as supervising the overhauling work and his basic salary of rs. 4,200/- .....

Ct.Narender Kumar and ors. Vs. Uoi and ors.

Court : Delhi

..... major g.s. sodhi v union of india air 1991 sc 1617. in the said case, the petitioner was convicted by the court martial constituted under the army act. one of the contentions advanced by the petitioner before the supreme court was that the officer who had ordered preparation of summary of evidence was biased against the ..... by the finding and sentence awarded by the general security force court which stood confirmed by the inspector general, the petitioners preferred petition(s) under section 117(2) of border security force act, 1969 to the directorate general border security force, ministry of home affairs, government of india, which petition(s) were rejected vide order dated 16 ..... the finding and sentence of the gfsc and the order dated 16/17.04.1998 passed by the directorate general border security force dismissing the appeal under section 117(2) filed by the petitioners are nullity and deserve to be quashed as they are non-reasoned orders and thus show complete non-application of mind .....