Court : Supreme Court of India
Reported in : 2001VIIAD(SC)456; AIR2001SC3290; [2001(91)FLR232]; JT2001(7)SC466; 2001LabIC3330; (2001)IILLJ1520SC; 2002MPLJ1(SC); 2001(6)SCALE156; (2001)7SCC394; 2001(4)SCT413(SC); 2002(
..... the question as to what constitutes an industry for the purposes of the industrial disputes act and what are those undertakings or establishments or activities, which answer the definition of 'industry' in section 2(j), has been laid down authoritatively in several decisions of this court, including the one in the bangalore water supply and sewerage board case (supra) and what remains is to apply to individual cases, the principles laid down therein to adjudge the character or the activity or an undertaking or institution in a given case on the touchstone of the principles ..... section 3 of the act empowers the statement government to frame a scheme providing for registration of employers and unprotected workers in any scheduled employment or employments, and provide for regulating the terms and conditions of work of registered unprotected workers and also make provision for the general welfare in such employments and that as a matter of fact for the class or category of workers in question, a scheme known as bombay iron & steel unprotected workers (regulation of employment and welfare) scheme, 1970 came to be made and duly published.8. .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)ILLJ1101All
..... such activities cannot be termed to be an industry and the view taken by the tribunal is not correct.learned counsel for the respondent, on the other hand has submitted that the petitioner is an industry as it undertakes systematic activity with the help of organised labour force and the conditions laid down for determining the industry in bangalore water supply and sewerage board's (supra) case are fully satisfied and the award does not suffer from any error of law. ..... however, he was retrenched from service without complying with the provisions of section 6-n of the act, hence the termination was illegal and he was found entitled for reinstatement in servfce with effect from february 22, 1970 with full back wages and all consequential benefits and the continuity of service, pension, provident fund, gratuity etc. ..... 2 is a public servant as declared under section 26 of the uttar pradesh krishi utpadan mandi adhiniyam, 1964 hereinafter referred to as 'adhiniyam' and the remedy for him was before the u.p. ..... both parties appeared before the tribunal and filed their written statements and adduced oral and documentary evidence. ..... krishi utapadan mandi adhiniyam, 1964 has been vested with a power to execute all works chargeable to the board's fund, to maintain accounts, to make necessary arrangement for propaganda and publicity on matters re-: lating to regulate marketing of agricultural produce, to provide facilities for the training of officers and servants of the market committees etc. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in the said decision in the case of bangalore water supply and sewerage board (supra) the case of state of bombay v. ..... we also find that the said function under the icds scheme does not fall within the meaning of the term 'sovereign function' as explained by the hon'ble supreme court in the case of bangalore water supply and sewerage board.v. a. ..... looking to the above functions of these anganwadi sevikas and workers, prescribed by the government and the very scheme which is in vogue since 1975 and the activities under the said scheme, we are of the view that the anganwadi sevikas and anganwadi helpers and in particular the present petitioner are 'workman' within the meaning of section 2(s) of the industrial disputes act, 1947 and the scheme under which they are performing their work, nature of which has already been given ..... statements recorded by the witness were not supplied to her. ..... i find that in the instant case, in light of the admissions given by the witness of the petitioners before the labour court, not a single statement of any complainant villager was shown to the respondent. ..... in the instant case, making a statement that the respondent was not gainfully employed despite attempts to seek an employment, may not be sufficient to sustain the conclusion of the grant of full backwages in favour of the respondent. "29. ..... holding statements of villagers to her prejudice without an opportunity to contradict them, has resulted in a gross violation of principles of natural justice. "19. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in the said decision in the case of bangalore water supply and sewerage board (supra) the case of state of bombay v. ..... we also find that the said function under the icds scheme does not fall within the meaning of the term 'sovereign function' as explained by the hon'ble supreme court in the case of bangalore water supply and sewerage board.v. a. ..... looking to the above functions of these anganwadi sevikas and workers, prescribed by the government and the very scheme which is in vogue since 1975 and the activities under the said scheme, we are of the view that the anganwadi sevikas and anganwadi helpers and in particular the present petitioner are 'workman' within the meaning of section 2(s) of the industrial disputes act, 1947 and the scheme under which they are performing their work, nature of which has already been given ..... statements recorded by the witness were not supplied to her. ..... i find that in the instant case, in light of the admissions given by the witness of the petitioners before the labour court, not a single statement of any complainant villager was shown to the respondent. ..... in the instant case, making a statement that the respondent was not gainfully employed despite attempts to seek an employment, may not be sufficient to sustain the conclusion of the grant of full backwages in favour of the respondent. "29. ..... holding statements of villagers to her prejudice without an opportunity to contradict them, has resulted in a gross violation of principles of natural justice. "19. .....
Tag this Judgment!Court : Mumbai
Reported in : II(1994)ACC435; 1995ACJ97; (1995)ILLJ496Bom; 1994(1)MhLj960
..... in order to understand the true scope and interpretation of section 38-a of the bombay act, we would like to refer to observations of apex court in case of bangalore water supply and sewerage board v. ..... in this context, it reminds us to refer to the quotation from para 42-a of the report in bangalore water supply and sewerage board's case (cited supra) to the following effect : '...... ..... in order to properly interpret any of provisions of the statute the court is to see whether the terms of the section are such as fairly to carry out that object and no other and to read the section with a view to finding and to read the section with a view to finding out what it means and not with a view to extending it to somethings that was not intended. ..... sight one might not expect a person working in a clerical cadre to be so described as a workman in strict sense of the term 'workman' as defined in section 2(1)(n) of the workmen's compensation act, yet, he fell within that description because of the indication given by section 38-a which provided that provision of the workmen's compensation act, 1923 and rules made from time to time thereunder, shall 'mutatis mutandis' apply to employees of an establishment to which the act applies, as if they were workmen within the meaning of workmen's compensation ..... the respondent-board filed written statement at exh. .....
Tag this Judgment!Court : Karnataka
..... bangalore water supply and sewerage ..... to whether the petitioner has the eligibility and entitlement, whether its offer is preferable to the offer of the msedcl, who is in a better position to supply better quality of power, whose power-supply would be assured and dependable and all other matters connected therewith. ..... when the petitioner has undertaken, by filing the necessary affidavit, to supply the power at the rate of rs.3.61 per unit, its offer ..... but without delivering any finding on the allegation, that the respondent no.1 had acted in a defiant way, the petitioner's remedy would be to file a fresh and a duly constituted petition challenging the respondent's issuance of l.o.a. ..... submits that under section 19 of the electricity act, 2003, the ..... (prayer: this writ petition is filed under articles 226 and 227 of the constitution of india praying to quash and canceling the impugned tender dated 19.8.2016 (being annexure - a) issued by the r1 and declaring the response/impugned order dated 14.9.2016 (being annexure - e) of the r1 as not in accordance ..... left with i.a.no.5/2016 filed by the petitioner not to hear the first respondent on i.a.no.4/2016, until and unless it has complied with the interim order, dated 30.11.2016 staying the l.o.a. ..... licence of the first respondent, if it commits willful and prolonged default in doing anything required of it by or under the said act or the rules or regulations made thereunder. ..... for amendment, he submits that the first respondent's act of issuing l.o.a. .....
Tag this Judgment!Court : Chennai
..... act, as held by the constitutional bench of the apex court in bangalore water supply and sewerage ..... further, he relied on g.o.ms.no.199, municipal administration and water supply department, dated 12.08.1997 in support of his ..... filed these writ petitions seeking regularization and they relied on g.o.ms.no.199, municipal administration and water supply department, dated 12.08.1997. 4 ..... , when the facts such as the ones obtaining in the instant case demonstrate that there is need for the 48 creation of posts, the failure of the executive government to apply its mind and take a decision to create posts or stop extracting work from persons such as the appellants herein for decades together itself would be arbitrary action (inaction) on the part of the state. 26 ..... he submitted that taking into account, the second respondent is state under article 12 of the constitution and also the fact that the petitioners are sanitary workers belonging to the downtrodden section and scheduled caste community, a direction could be issued to regularize the services of the petitioners, if the second respondent committed unfair ..... an assertion in the statement of objects and reasons accompanying the bill, which was enacted into the law, may help the corporation in freeing itself from the traditional master-servant relationship and help it in becoming an ideal employer where exploitation in any form ..... develop financial management norms covering the loan sanction procedure, repayment schedule and interest rates .....
Tag this Judgment!Court : Karnataka
..... judgment of the apex court in the case of bangalore water supply and sewerage board vs. ..... thirdly, if it is examined whether the persons employed by the petitioners association comes within the definition of workman under section 2[i] of the act, the petitioners association has employed five persons for maintaining the residential apartments which is nothing but rendering of services to the ..... the respondent had filed criminal complaint before the magistrate in cc no.1961/2012 alleging the violation of section 7 rule 7(1) read with section.29 rule 4 of the contract labour [regulation and abolition] act, 1970, [the act , for short]. ..... as aforesaid, to attract the provisions of the act, the essential ingredients of an establishment as set out in section 2[e] of the act which contemplates that the activities must be commercial in nature, carried on by the office or department of the government or the local ..... section 1[4] of the act contemplates that it applies to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour and to every contractor who employs or who employed on any day of the preceding twelve months twenty or ..... workman is defined under section 2[i] of the act which reads thus: [i] workman means any person employed in or in connection with the work of any establishment to do any skilled, semiskilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1996MP110; 1996(0)MPLJ483
..... a situation like this is not covered by the provision, the court should interpret the provisions in its spirit to avoid the mischief, a passage of lord denning quoted in para 42-a by the supreme court in case of bangalore water supply and sewerage board v. a. ..... of society before the expiry of term of office as provided by sub-section (7-a) or the extended term under sub-section (7-aa) and if the elections are not held the consequence follows as envisaged in clause (ii) of sub-section (8) of section 49 which lays down that if the committee fails to hold election and has not handed over the charge on expiration of the term specified in sub-section (7-a) or extended term under sub-section (7-aa) to the registrar or any officer authorised by him in his behalf, ..... cause against the notice vide annexure-p/9 demanded the copies of documents on which, the charges were based, but, the copies of the documents were not supplied, hence the petitioner filed an appeal under section 77 of the act against the said snow cause notice before the joint registrar, which is pending for its final decision. 4. ..... 14 of the constitution of india as there is no nexus between the provision and the object sought to be achieved by it, which is clear from the statement of objects and reasons, is to promote democratic functioning of the society, which can only be done by holding fresh elections, but, the amendment gives a premium on the defaults of the registrar in holding the fresh elections ..... annual general .....
Tag this Judgment!Court : Mumbai
..... (1971) 2 llj 393(sc), and then ofcourse in the celebrated case of bangalore water supply and sewerage board vs. ..... of india questions part-i award dated 11 october 2006 made by the central government industrial tribunal, mumbai (cgit) holding that all india institute of physical medicines and rehabilitation is an industry in terms of section 2 (j) of the industrial disputes act, 1947 (said act). 2. mr. ..... the scope and parameters of the definition of the 'state' under article 12 of the constitution of india and 'industry' under section 2(j) of the said act, are ..... ), however, seven judge bench of the supreme court conclusively ruled that the running of a hospital, which may be a welfare activity, is also an industry under section 2(j) of the said act. ..... case, the tribunal upon examining the nature of activity undertaken by the institution has concluded that the institution is indeed an 'industry' under section 2(j) of the said act. ..... an institute may not be 'state' for purposes of article 12 of the constitution of india, is by no means indication that such institute cannot be an 'industry' under section 2(j) of the said act. ..... ratio of the said authority, the tribunal recorded a conclusion that the aliyavar jung national institute is not an industry within the meaning of section 2(j) of the said act. ..... order made on 18 february 1999, the tribunal has ruled that the aliyavar jung national institute is not an industry within the meaning assigned to this term under section 2(j) of the said act. .....
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