Court : Mumbai
Reported in : 2009(3)BomCR562; (2009)IIILLJ275Bom
..... though or consideration (order 11, rule 2, c.p.c.); (order 11, rule 1, prov., c.p.c.) (section 10(1)(b), metal corporation of india (acquisition of undertakings act) : 2. physical substance (section 142(7), army act.]'.33. the word 'matter' is of wider import than particulars and would also comprehend the grounds on which such matter arises. ..... appeal would pass an order affirming or setting aside the order under appeal. this provision contemplates an appeal against the order unlike the provisions of the central act under section 25-o(4) where a reference is to be made of the matter and the term 'matter' would include the proceeding before the appropriate government ..... a plaintiff and a defendant, and every criminal proceeding is a 'cause;' and every proceeding in the court not in a case is a 'matter' (judicature act, 1873, section 100.) the `matter' to which article 133 applies is the appellate jurisdiction of the supreme court in appeals from high courts in regard to civil matters, and .....
Tag this Judgment!Court : Mumbai
Reported in : (2006)ILLJ1119Bom
..... 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 962 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison ..... employees and non-payment of incentives amounted to change of their service conditions covered by items 1, 10 and 11 of the fourth schedule of id act for which notice under section 9a was necessarily required; and (four) whether para 3 of the operative order of the industrial court was warranted and legally sustainable. 5. mr. ..... in the light of the defence of the employer that the controversial changes were effected in pursuance of individual settlements and, therefore, no notice under section 9a was necessary.16. section 2(p) defines 'settlement' thus: 'settlement' means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)ALLMR193; 2006(2)MhLj349
..... 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, ..... court dismissed the complaint observing that there was no unfair labour practice. the respondent nos. 1 to 3 approached industrial court, by filing revision under section 44 of the mrtu and pulp act. the industrial court found that the retrenchment compensation arrived at was not proper because the period of service of respondents no. 1 to 3 as ..... the period of apprentice training as service for the purpose of computation of retrenchment compensation is contrary to law. he invites attention to the provisions of section 18 of the apprentice act, 1961, for the said purpose. he further states that as the said ground was not raised by the respondent nos. 1 to 3 in their .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(6)ALT424
..... 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 ..... present case, the dispute is between the employer and persons projected to be workmen. it would therefore be necessary to examine the definition of 'workman' under the act of 1947. section 2(s) thereof defines 'workman' to mean:any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, ..... is necessary to refer the said dispute for adjudication.now, therefore, in exercise of the powers conferred by clause (d) sub-section (1) of section 10 of the industrial disputes act, 1947 (central act 14 of 1947) the government of andhra pradesh hereby refers the said dispute for adjudication to the industrial tribunal-cum-labour court, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALD123; 1999(4)ALT32
..... vitiated and invalid.in s.n. mukherjee v. union of india, : 1990crilj2148a , a constitution bench of the supreme court dealing with a case arising under army act, 1950, the question which fell for consideration before the hon'ble supreme court was'is there any general principle of law which requires an administrative authority to record the ..... on account of a challenge, get validates by additional grounds later brought out.'8. the learned government pleader for home contended that in view of section 18 of the act which provides for an appeal against an order refusing to grant licence, the petitioner's writ petition should be rejected. before dealing with this contention, ..... of alternative remedy is no bar for the exercise of this court's jurisdiction under article 226 of constitution of india. further as seen, section 14(3) of the act mandates that the licensing authority shall record the reasons while rejecting the application for arms and such reasons are to be furnished to the applicant .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC573; [1999(81)FLR222]
..... 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 ..... without jurisdiction. in order to appreciate this argument of the learned counsel, it may be necessary to have a glance on the relevant definition and provisions of the act. section 2 (k) defines industry as follows :'(k) 'industry' means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment ..... or retrenchment compensation. according to his case the impugned termination order of the petitioner was illegal, arbitrary and violative of the provisions of section 6n, section 6p and section 6q of the act. it was further pleaded that the management did not follow the principle of 'first come last go' and he was afforded no .....
Tag this Judgment!Court : Allahabad
Reported in : [2006(110)FLR1043]
..... 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, ..... the finding after appreciating the evidences on record that the respondent no. 3 was the workmen and his service was retrenched without following the procedure provided under section 6n of the act. finding of the tribunal is the finding of fact and may not be interfered by this court. learned counsel for the respondent no. 3 relied ..... and 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, quite .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2005(106)FLR801]; (2005)IIILLJ458MP; 2005(3)MPLJ135
..... and(b) an apprentice other than an apprentice under sub-clause (v); but does not include any person-(i) who subject to the army act, 1950 (xlvi of 1950), or the air force act, 1950 (xlv of 1950), or navy discipline act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer or other employee of a ..... artisan' and, therefore, according to the industrial court the order passed by the labour court was contrary to the law. it be seen that under section 18 of the act of 1961 an apprentice would not be deemed to an employee if he is undergoing apprenticeship training in a designated trade in an establishment. for ready reference ..... . thereafter by order dated october 30, 1980 (annexure-p-2) he was removed from the services. the petitioner thereafter filed an application under section 31 read with section 61 of the act before labour court praying therein for his reinstatement with full back wages. in the application it has been submitted that on account of misconduct his .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC525; 2000(2)BLJR1006; (2000)3CALLT1(SC); 2000(1)CTC418; JT2000(1)SC1; (2000)IIMLJ57(SC); 2000(1)SCALE23; (2000)2SCC20; [2000]1SCR1; 2000(3)SLJ37(SC); (2000)1UPLBEC
..... central government in consultation with the election commissioner.(8) in sub-sections (3) and (5) 'service qualification means-(a) being a member of the armed forces of the union; or(b) being a member of a force to which the provisions of the army act, 1950 (46 of 1950) have been made applicable whether with or without modifications; or( ..... c) being a member of an armed police force of a state who is servicing out side that state; or(d) being a person who is employed under the government of india in a post outside india.12. section 20 ..... reside' as used in the note to paragraph 5 of the 'instructions' and the expression 'ordinarily resident' used in section 20 of the representation of the people act, 1950. this act and the representation of the people act, 1951 both deal with the election matters including delimitation of constituencies, right to contest the election as also right to vote .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(3)AWC2959(SC); [2006(111)FLR581]; (2007)2GLR1333; JT2006(7)SC362; (2006)IIILLJ767SC; 2006(7)SCALE603; (2006)6SCC548
..... 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( ..... and ors. : (1997)illj569sc . it was contended that in any view of the matter, the labour court committed a manifest error in exceeding its jurisdiction under section 11a of the act as having regard to the facts and circumstances of this case it could not have interfered with the quantum of punishment.7. mr. ramesh p. bhatt, learned senior ..... for the said purpose, it is necessary to prove that there were some persons working under him whose work is required to be supervised. being incharge of the section alone and that too it being a small one and relating to quality control would not answer the test.the precise question came up for consideration in ananda bazar .....
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