Court : Gujarat
Reported in : AIR1986Guj209; (1986)1GLR1
..... the labour courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 and the industrial courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 are courts and courts subordinate to the high court in terms of section 3 of the contempt of courts act, 1971 or rather section 10 thereof and equally nominee of the registrar acting under section 96 of the gujarat co-operative societies act, 1961 and deciding disputes under section 101 and the co-operative tribunal under that act are courts and that too ..... as per section 15, where an industrial dispute has been referred to a labour court, tribunal or national tribunal for adjudication, it shall hold its proceedings expeditiously and shall, within the period specified in the order referring such industrial dispute or the further period extended under the second proviso sub-section (2a) of section 10 submit its award to ..... held -'the officers on special duty appointed by the state government in exercise of the powers under section 3 of the maharashtra co-operative societies act 1960 under the maharashtra government notification dated 11-3-1969 are courts within the meaning of the contempt of courts act while discharging their duties under the state act'.the following pertinent observations having been made in the report 'mainly two criteria have been laid down by the decided cases in order ..... had to examine the question whether returning officer deciding on the validity of the .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)2GLR262
..... ' it was contended in that case that an industrial dispute arises only when an employee who is dis-satisfied by an action on the part of the employee approaches the employer in the manner laid down in the proviso to section 42(4) of the bombay industrial relations act and that since the employee had made no approach to the employer at bombay, no industrial dispute had arisen at bombay. ..... it was an application made under the bombay industrial relations act, 1947 and not under the industrial disputes act, 1947. ..... it was referred by adjudication under section 10(1)(c) of the industrial disputes act by the assistant commissioner of labour, ahmedabad to the labour court at ahmedabad. ..... the expression 'appropriate government' has been defined by section 2(a) of the industrial disputes act, 1947. ..... worked at jullundar but the final administrative control on them was exercised and appointments and dismissals were made by the head office of the company at calcutta which also paid their wages, a cause of action for an industrial dispute did not arise at jullundur and therefore the state of panjab was not the 'appropriate government' to make reference under section 10 of the act. ..... in the area of the state of madhya pradesh could not mean that the company was running an undertaking in the state of madhya pradesh and that every roving salesman of a company would not be an undertaking having attributes of industry within the meaning of section 2(j) of the act. .....
Tag this Judgment!Court : Gujarat
Reported in : [2001(88)FLR112]; (2000)3GLR2339; (2001)ILLJ409Guj
..... considering the provisions of sections 77 and 78 of the bombay industrial relations act, 1946, the apex court in the case of state of maharashtra v. ..... patel, learned counsel, after having invited our attention to the provisions of constitution as well as industrial disputes act, submitted that even though the labour court/industrial tribunal exercises powers to adjudicate rights of the parties, they are not 'courts'. ..... supreme court, after comparing the powers given to the registrar under the act with the code of civil procedure, found that the registrar is given the same powers as are given to ordinary civil courts by the code of civil procedure including the power to summon and examine witnesses on oath, the power to order inspection of documents, to hear the parties after ..... initially, a short notice is given under the hope that on returnable dates or one or two dates subsequent thereto, the respondents will comply with the award or the matter will be sorted out and the notice will be discharged. ..... section 17(1) of the industrial disputes act provides for publication or every report of a board or court together with any minute of dissent recorded therewith, every arbitration award and every award of a labour court, tribunal or national tribunal, within a period of thirty days from the date of its receipt by the appropriate government, in such manner as the appropriate government thinks fit. .....
Tag this Judgment!Court : Gujarat
Reported in : (1968)GLR815; (1968)ILLJ670Guj
..... in cases governed by the bombay industrial relations act, 1946, standing orders have to be ..... section 73 of the bombay industrial relations act provides for reference by state government of an industrial dispute to an industrial ..... it was also urged on behalf of the petitioners that whatever the doubt that existed before the application of the gujarat co-operative societies act as regards the applicability of the bombay co-operative societies act or the bombay industrial relations act to disputes of such nature the doubt has been resolved by the legislature by the addition of the words 'notwithstanding anything contained in any other law for the time being in force ..... the labour court at rajkot, by its decision, dated 11 june, 1963, decided this issue against the petitioner and he that the bombay industrial relations act would apply to the case of the petitioner and that, therefore, the labour court had jurisdiction to hear and proceed with the application ..... under sub-section (1) for decision by the registrar's nominees, the registrar may, at any time for reasons to be recorded in writing withdraw such dispute from his nominee and may decide the dispute himself or refer it again to any other nominee appointed by him for decision : provided that no such dispute shall be withdrawn except on any of the following grounds : (i) the registrar's nominee has failed to decide the dispute within two months or such further period as ..... the present maharashtra co-operative societies act. at .....
Tag this Judgment!Court : Gujarat
Reported in : 2001CriLJ2002; (2001)IILLJ511Guj
..... '6.1 section 119a of the bombay industrial relations act, 1946 deals with contempt of industrial courts, labour courts and wage boards relating to omission to produce documents or to furnish any information, intentional insult, interruption etc. ..... in webster's ii new riverside dictionary, meaning of `court' is given as: a person or group of persons whose task is to hear and submit a decision on cases at law or a regular session of a judicial assembly, while `tribunal' means a court of justice, the platform or seat on which a judge or other presiding court officer sits or one empowered to determine or judge.4.2 even before framing of the ..... the sitamarhi central co-operative bank, reported in : 1967crilj1380a was cited for the proposition that subordination for the purpose of section 3 of the contempt of courts act means judicial subordination and that the assistant registrar functioning under the bihar and orissa co-operative societies act was a court subordinate to high court for the purpose of section 3 of the said act. ..... of the high court and whether the recruitment of labour court judges was required to be made in accordance with article 234 of the constitution of india came up for consideration of hon'ble the supreme court in the state of maharashtra vs . ..... the labour court was not a court subordinate to the high court and not forming part of judicial service of the state, held that it was only in the decision given by the supreme court on 11.2.1998 in state of maharashtra v. .....
Tag this Judgment!Court : Gujarat
Reported in : (1989)2GLR1030
..... these rules shall apply to all employees except: (i) those in casual employment or paid from contingencies; (ii) those governed by the standing orders under the industrial disputes act, 1948 or under the bombay industrial relations act as applicable to the state of gujarat.in view of the aforesaid provisions of the rules of the corporation and in view of the fact that the corporation itself has exercised its power of holding enquiry and imposing penalty against ..... he is not governed by the standing orders under the industrial disputes act, 1947 or under the bombay industrial relations act, as applicable to the state of gujarat. ..... but during the course of dictation of the judgment, the learned counsel for the respondent-corporation submitted that the judgment may not be signed since there was a proposal for compromise. ..... it is contended that the dispute sought to be raised in this petition is an industrial dispute and remedy by way of reference to the labour court under the industrial disputes act, 1948 is available to the petitioner. ..... the respondent-corpoation is directed to implement this order within a period of one month from the date of this order i.e. ..... state of maharashtra reported in : (1987)iillj506sc and in the case of nyadar singh v. ..... after completion of apprenticeship period, with effect from september 12, 1979, he was appointed as junior clerk in the head office in the pay scale of 260-400.3. .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR259
..... mill owners association 1946 industrial court reporter 87 that though the workers were not entitled to wages during the period of stoppage of work under the standing orders the jurisdiction of the industrial court to adjudicate a demand therefor was not barred by the standing order and that section 73 of the bombay industrial relations act was wide enough ..... the second respondent thereupon filed an application under section 79 of the bombay industrial relations act 1946 alleging (1) that he was discharged with an ulterior motive on account of his having given a notice as a ..... the standing orders applicable to the undertaking and if no such enquiry was made and a workman was dismissed the labour court in an application under section 79 of the bombay industrial relations act can hold that the action of the employer was improper or illegal within the meaning of section 78(i) and the labour court would be justified in granting relief to the workman it also held that just as an employer can justify his action ..... second respondent which showed that a charge of misconduct was made against him the fact that the second respondent had submitted his explanation and also the fact that the order of discharge stated that the charge of misconduct was established during the enquiry the industrial court found that though the order in form was one of discharge it was in reality by way of punishment ..... 426 a division bench of the high court of maharashtra has on the other hand taken a view different .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)ILLJ155Guj
..... an industrial dispute, as contemplated by the bombay industrial relations act, 1946, therefore, not only means a dispute between an employer and his employees collectively, but also includes a dispute between an individual employee against his employer which is connected with any industrial matter ..... been passed without holding a proper enquiry, but on the appraisal of evidence before it the tribunal comes to the conclusion that the order was justified is the workman in such case entitled to get wages or compensation for the period between the date of discharge and the date of the order of the tribunal under the ordinary law of contract, an employer has the right to terminate the contract of service, but such a right is no longer absolute ..... 27(1) section 78 of the bombay industrial relations act is enacted in a different context and contains a totally different language and therefore this decision cannot be used for its ..... 8, was served on respondent 2 which showed that a charge of misconduct was made against him, the fact that respondent 2 had submitted his explanation and also the fact that the order of discharge stated that the charge of misconduct was established during the enquiry, the industrial court found that though the order in form was one of discharge, it was in reality by way of punishment for misconduct set out in the show-cause ..... 31], a division bench of the high court of maharashtra has, on the other hand, taken a view different from the one taken by mudholkar and patel, .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)1GLR858
..... before references arising from the demands of the workmen were made to the industrial court under the provisions of the bombay industrial relations act which applies to sugar factories in this state, a meeting of various sugar establishments situated in saurashtra region and their workmen was held at ahmedabad on june 3, 1975. ..... it was pointed out in the judgment of the andhra pradesh high court that every year the prices of levy sugar were being fixed twice or thrice so as to see to it that ultimately over the whole period of one crushing season commencing from august/september each year to july/august of the following year, return would be 12 per cent per annum. ..... that had taken place in regard to various items of cost after 1969, when the tariff commission submitted its report, were also provided for in the fixation of the ex-factory prices for levy sugar as notified in the control orders. ..... thus, practically in all states where sugar factories producing sugar from sugarcane by vacuum pan process are situated, namely, uttar pradesh, maharashtra, tamilnadu, bihar, karnataka, andhra pradesh and madhya pradesh, have adopted the u.p. ..... the labour minister then gave the award and as a result of that award, an order was passed subsequently under section 3 sub-clause (b) of the u.p. .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)0GLR18; (1976)ILLJ312Guj
..... it was duly registered under the bombay industrial relations act, 1946, by the registrar on october 22, 1974. ..... 4-union which is the sole mouth-piece of all the cotton textile employees in the baroda region under the bombay industrial relations act, 1946, and which had its members to the extent of 1466 out of the total number of 1537 employees of the petitioner-company, had considered the entire legal position. ..... where, however, a settlement was arrived at between the parties to dispute before a tribunal after the award had been submitted to the government but before its publication, there was in fact no dispute left to be resolved by the publication of the award. ..... in view of the decision of the supreme court, it was held that the act and the scheme applied to all the sections and, therefore, the employer was liable to make contributions at the rates specified in the act and, therefore, the award giving lower rate in industrial adjudication could not stand in the way of the authorities' demand for the period mentioned therein regarding the provident fund and the administrative charges as per the act. ..... vakharia could hardly draw any inspiration from the other line of decisions which is relied upon in this maharashtra decision where the trend was started by the decision of justice tendolkar. ..... vakharia, however, vehemently relied upon the decision of the maharashtra high court in sayaji mills ltd. v. p. a. .....
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