Court : Mumbai
Reported in : 1998(2)BomCR174; 1997(3)MhLj907
..... whose dismissal, discharged or retrenchment has led to that dispute, but does not include any such person :-(i) who is subject to the air force act, 1950, or the army act, 1950, or the navy act, 1957; or(ii) who is employed in the police service or as an officer or other employee of a prison, or(iii) who is employed ..... was contested by the respondent no. 2 herein and one of the objections raised was that petitioner was not workman within the meaning of section 2(s) of the industrial disputes act since he was doing supervisory work and holding supervisory post and, therefore, complaint was not maintainable and petitioner was not entitled to any relief ..... india reserve bank employees association and another v. reserve bank of india and anothers, : (1965)iillj175sc , the apex court was dealing with definition of workman in section 2(s) and while construing the word 'supervise' observed that the word supervise and its derivatives are not of precise import and most oftenly construed in the light .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(3)ALLMR89; 1999(4)BomCR209; (1999)2BOMLR536; 1999(2)MhLj933
..... of 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, or the army act, 1950, or the navy act, 1957; or(ii) who is employed in the police service or as an officer or other employee of a prison, or(iii) who is employed mainly ..... the office or by the reason of powers vested in her, functions empowered managerial nature, obviously, her case would fall within clause (iv) of sub-section (s) of section 2 of the industrial disputes act, 1947 and, therefore, she will be out of the definition of the workman. the management is also relying on clause (iii) viz. she is ..... on the contrary exhibit m-21 whereunder duties are fixed is confined to checking up only, which may occasionally or incidentally evolved in mistake of the workman working in that section, which by itself was not a supervisory character.31. 1995 l.i.c. 546 ramesh s/o. ramrao wase v. commissioner, revenue division, amravati, is cited. .....
Tag this Judgment!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 .....
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