Court : Supreme Court of India
Reported in : AIR1994SC2608; JT1994(5)SC176; (1995)ILLJ303SC; 1994(3)SCALE816; (1994)5SCC737; [1994]Supp2SCR573; 1994(3)SLJ145(SC); (1995)1UPLBEC173
..... 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); (ii) who is employed in the police service or as an officer or other employee of a prison; or ..... at that stage the circumstances including the conditions and the nature of the employment and the sales business or operation did not warrant protection to the economically stronger section of the said employees, and that economically weaker among them alone needed the protection. hence it cannot be said that the classification made of the said employees ..... the authorities specified by it to adjudicate upon the merits of the claim made by a newspaper employee against his employer under any of the provisions of the act. section 17 read as follows :17. recovery of money due from an employer - where any money is due to a newspaper employee from an employer under any .....
Tag this Judgment!Court : Gujarat
Reported in : [1977(35)FLR15]; (1977)0GLR455; (1978)ILLJ105Guj
..... or administrative capacity : (b) who holds a civil post under the central government or a state government; (c) who is subject to the air force act, 1950, the army act, 1950 or the navy act, 1957. this exclusion clause uses the word 'is employed'. these words also cannot be construed as referring to any specific period of time and certainly not ..... getting a salary of more than rs. 1,000 per month and, therefore, he was not an 'employee' as defined by s. 2(e) of the act. 11. section 2(e) of the act, is in the following terms : '(a) employee means any person (other than an apprentice) employed on wages, not exceeding one thousand rupees per mensem, ..... the respondent was discharging, shows that the only duty which can be termed as managerial in character, was to grant and reject leave of the employees working in his section. the question, therefore, is whether the discharge of such an isolated function, which is of managerial type, would justify the conclusion that the respondent was working in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (SCSuppl)2008(1)CHN20; [2007(115)FLR505]; JT2007(12)SC641; 2007(11)SCALE656; 2008(2)SLJ127(SC); 2007AIRSCW6329; JT2007(11)SC441
..... army act.5. the question as to whether a punishment of confinement to civil lines could have been directed or not should not detain us as we agree with the contention raised ..... have initiated a second inquiry after having found that the charges have been partially proved in the first inquiry. it was, furthermore, contented that in the central reserve police force act and the rules framed thereunder, there does not exist any provision for imposition of punishment of confinement to civil lines which was applicable only to the persons governed by the .....
Tag this Judgment!Court : Delhi
Reported in : 119(2005)DLT355; [2005(106)FLR703]; (2005)IIILLJ114Del; 2006(1)SLJ369(Delhi)
..... 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 or a prison; ..... the voluminous nature of the register filled in by him, the petitioner was performing clerical and manual duties and hence was a 'workman' falling under section 2(s) of the act. the labour court has found that the nature of work performed by the petitioner was to look after the construction at site as a managerial ..... pleased to hold that the reference was not maintainable as the claimant/petitioner herein was not a workman within the meaning of section 2(s) of the industrial disputes act (hereinafter referred to as the 'act'). section 2(s) of the act reads as follows:-'workman' means by person (including an apprentice) employed in any industry to do any manual, unskilled, .....
Tag this Judgment!Court : Delhi
Reported in : 2006(92)DRJ37; [2007(112)FLR1107]; (2007)ILLJ1082Del
..... 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 mainly in a managerial or administrative capacity; or(iii) who, being employed in ..... , unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward.a school of thought that somebody who does not fall under the exceptions enumerated under section 2(s) of the act shall be a workman was being followed. in h.r. adyanthaya and ors. v. sandoz (i) limited and ors. : (1995)illj303sc , supreme court analysed ..... been laid down by the supreme court that in order to be a workman a person must be performing one of the functions as specified in section 2(s) of the act and it was not sufficient that he was not performing administrative or managerial function. tribunal also went in wrong in law by observing that strict principles .....
Tag this Judgment!Court : Delhi
Reported in : 133(2006)DLT175; [2006(111)FLR816]
..... discharge or retrenchment has led to that dispute, but does not include any such person-(i) who is subject to the army act, 1950 (46 of 1950), or the air force act, 1950 (45 of 1950), or the navy (discipline) act, 1934 (34 of 1934); or(ii) who is employed in the police service or as an officer or other employee ..... institutions whether the said institutions are imparting primary, secondary, graduate or post-graduate education cannot be called as 'workmen' within the meaning of section 2(s) of the act. imparting of education which is the main function of teachers cannot be considered as skilled or unskilled manual work or supervisory work or technical work ..... the argument of the learned counsel for the respondents that despite being teachers, the two employees were actually workmen falling within the definition of section 2(s) of the industrial disputes act. since these two employees/respondents were not workmen, they could not have invoked the jurisdiction of the labour court. they were not .....
Tag this Judgment!Court : Gujarat
Reported in : [2008(117)FLR621]; (2008)ILLJ580Guj
..... 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 ..... just and proper.4. shri shalin mehta, learned counsel for the petitioner, after taking me through the definition of the workman, as provided under section 2(s) of the industrial disputes act, 1947, submitted that every supervisor would fall under the definition of a workman except those who are drawing the salary of rs. 1,600/- ..... justified in holding that the reference was not maintainable. he also submitted that looking to the gravity of misconduct, termination was the only appropriate punishment.6. section 2(s) of the industrial disputes act, 1947 reads as under:(s) 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, .....
Tag this Judgment!Court : Chennai
Reported in : (2005)IIILLJ284Mad; (2005)3MLJ126
..... 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 ..... service orally although he served continuously for more than 240 days. he has also alleged that his termination was in violation of the provisions of section 25f of the industrial disputes act. it was also alleged that the same post was re-advertised which means that there were vacancies and his juniors were retained in service. an ..... are in a weaker position than the employers who have financial resources, management skills, connections etc. hence the whole object of industrial law is to help the weaker section in the society (the workmen) and give them protection from exploitation. in our opinion, there can be no estoppel against a person who accepts his designation as .....
Tag this Judgment!Court : Kolkata
Reported in : 1999CriLJ243
..... refers the relevant provisions of section 475 of the code of criminal procedure which is reproduced below :-475. delivery to commanding officers of persons liable to be tried by court-martial :-(1) the central government may make rules, consistent with this code and the army act, 1950, the navy act, 1957, and the air force act, 1950, and any other law, ..... respective jurisdiction in allowing transferring of the case to be tried by a court martial as per the provisions of indian navy act, 1957, inasmuch as, according to mr. das, the provisions of section 475 of the code of criminal procedure would not apply in the present case since no charge sheet had yet been framed. ..... commanding officer, with a prayer of getting charge of the petitioner and/or getting transfer of the case in terms of section 475 of the code of criminal procedure read with section 78 of the indian navy act, 1957 before the learned chief judicial magistrate first class (ii) at port blair, which was, however, rejected by the .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(2)CHN101
..... that participation of respondent no. 4 in the court martial proceeding has vitiated the same. in coming to the said finding the court also found that under section 130 of indian army act, the accused person has a right to object to any officer being a member of the court by which he is to be tried. the apex court ..... do so. so, the council after hearing the parties appearing before it decided the matter by following the provisions of section 25(a)(ii) of the bengal medical act. section 25(a)(ii) of the bengal medical act, 1914 is set out below :''section 25. the council may direct-- (a) that the name of any registered practitioner,(ii) whom the council, after ..... court. the learned counsel relied on the decision of the supreme court in the case of charanjit lal chowdhury v. union of india and ors., reported in : [1950]1scr869 of the said judgment the learned judge was considering the question whether for an inartistic framing of prayers of writ petition can be thrown out. the learned judge in .....
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