Court : Gujarat
Reported in : AIR1986Guj209; (1986)1GLR1
..... 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 ..... section 6 deals with courts of, inquiry and then comes section 7 which provides for constitution of labour courts and enjoins and enables the appropriate government to constitute, by notification in the official gazette, one or more labour courts for adjudication of industrial disputes relating to matters specified in the second schedule and for performing such other functions as may be assigned to them under the ..... union for the industry for the local ..... 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 ..... one or more national tribunals for adjudication of industrial dispute which, in the opinion of the central government, involve questions of national importance or are of such a nature that industrial establishments situated in more than .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)2GLR262
..... 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. ..... application made under the bombay industrial relations act, 1947 and not under the industrial disputes act, 1947. ..... which weighed with the high court in coming to its conclusion were as follows: the salesman whose services were terminated had undoubtedly been residing in madhya pradesh but the reference must be in relation to the place of the existence of the industry, the employer company had not been carrying on business any where in the state of madhya pradesh on the date of reference. ..... the company had its head office at bombay and it engaged medical representatives to sell its products in the areas falling within the state of madhya pradesh. ..... upheld the finding that the government of madhya pradesh was not the appropriate government because an appropriate government is one within those territory the dispute exists or is apprehended. ..... llj 9, a division bench of kerala high court has also applied the same test for determining which is the appropriate government.6. mr. ..... operating on behalf of his employer throughout the state of gujarat and more particularly in the city of ahmedabad. ..... employees union (regd .....
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. ..... sinha, learned counsel for the applicant-workman contended that in view of section 119-b of the bombay industrial relations act, whereby the labour court/industrial court can make a reference regarding their contempt to the high court, they are necessarily 'courts' and, therefore, no other view except to hold the labour court/industrial court as 'courts' is possible. ..... section 7 of the industrial disputes act authorises the appropriate government by notification in the official gazette, to constitute one or more labour courts for the adjudication of industrial disputes relating to any matter specified in the second schedule and for performing such other functions as may be assigned to them under the act. ..... but inspite of all serious efforts, the experience shows that the matters are contested and even reply, rejoinder, compromise talks, its failure takes more than a year. ..... if that reason is accepted, all the forums constituted under the central or local acts shall have to be declared as 'courts'. ..... narain : 1956crilj156 has held that the word 'court' is not defined in the contempt of courts act and the expression 'courts subordinate to the high courts' in section 3(1) would prima facie mean the courts of law subordinate to the high courts in hierarchy of courts established for the purpose of administration of justice throughout the union. .....
Tag this Judgment!Court : Gujarat
Reported in : (1968)GLR815; (1968)ILLJ670Guj
..... section 73 of the bombay industrial relations act provides for reference by state government of an industrial dispute to an industrial ..... section, would be binding on an employer, his successors-in-interest, heirs and assigns in respect of the undertaking as regards which it is made or given and such decision given against as registered union would be binding on all the employees in the industry in the local area whose representative the said union ..... governed by the bombay industrial relations act, 1946, standing orders have ..... that section provides that whenever as workman (other than a badli workman or a casual workman) whose name is borne on the muster-rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laid off, whether continuously or intermittently, he shall be paid by the employer for all days during which he is so laid off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per ..... that section provides that save as expressly provided in the act, no civil or revenue court shall have any jurisdiction in respect of the registration of a society or its bylaws, or the amendment of its bylaws, or the dissolution of the committee of a society, or the management of the society on dissolution thereof or nay dispute required to be referred to the registrar, or his nominee, or board of nominees, for decision; or any matter concerned with ..... maharashtra co-operative societies act .....
Tag this Judgment!Court : Gujarat
Reported in : 2001CriLJ2002; (2001)IILLJ511Guj
..... of the fact that section 119b of the bombay industrial relations act, 1946, throws ample light on the question whether the high court has power to punish for contempt of labour courts or industrial courts ..... appears in the constitutional provisions more particularly in chapter vi, which provides for appointment of all district judges (as defined in article 236) and persons other than district judges to judicial ..... purview of the control jurisdiction 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 ..... 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 constitution, sec ..... reason is accepted, all the forums constituted under the central or local acts shall have to be declared as 'courts'. ..... . union of india, reported in : [1998]2scr795 , that the object of punishment for contempt being both curative and corrective, these coercions are meant to assist an individual complainant to enforce his remedy and there is also an element of public policy for punishing civil contempt, since the administration of justice would be undermined if the order of any court of law .....
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 ..... 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. ..... 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. ..... state of maharashtra reported in : (1987)iillj506sc and in the case of nyadar singh ..... instead of penalty of reduction in rank, penalty of reduction by one step in the time scale of pay is ordered to be substituted ..... petition was disposed of on the ground that remedy by way of appeal under rule 32 of the rules was provided for and the petitioner should file an appeal. ..... the rule which requires the exhaustion of alternative remedies in a rule of convenience and discretion, a self-imposed restraint on court rather than rule of law'. ..... union of india reported in : (1988)iillj506sc , the penalty of reduction in rank cannot be imposed on an employee who is a direct .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR259
..... 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 share-holder to another concern the behari mills co. ..... therefore when a dispute is raised the labour court would enquiry in a case where the charge is one of misconduct and the enquiry held is defective whether the order though one of discharge is a proper one;(2) that standing order 23 does no more than recognise the employers common law right to terminate an employees services but such a right is subject to two qualifications (a) to give in writing reasons for such an order and (b) that it is subject to a scrutiny by the labour court whether such an order is legal and ..... 426 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 jj. ..... similarly under sub-section (2) of section 40 an employee or a representative union can apply in respect of any dispute of the nature referred to in clause (a) of paragraph a of section 78 to a labour court. ..... hotel workers union : (1959)iillj544sc the question for consideration related to the employers power to suspend an employee. .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)ILLJ155Guj
..... 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 construction. ..... 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. ..... it will be observed that this definition is wider than that of 'an industrial dispute' in the industrial dispute act, 1947, for there an industrial dispute means one that is collective and not one concerning an individual workman. ..... 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, jj. ..... 40, however, provides that notwithstanding anything contained in sub-section (1), the state government may refer, or an employee or a representative union may apply, in respect of any dispute referred to in clause (a) of para. a of s. ..... , legality or propriety, which imported only revisional powers and no more, and that they were in contrast to the powers given to the labour court in cls ..... (2) that standing order 23 does no more that recognize the employer's common law right to terminate an employee's services, but such a right was subject to two qualifications ..... 78 must mean revisional powers and no more, was chhugomal v. .....
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 ..... the ahmedabad millowners' associations' case, it was pointed out:.it is the figure of gross profits which is more important, because it is not disputed that wages payable to the employees are a first charge, and all ..... the states of maharashtra, tamilnadu bihar, karnataka and madhya pradesh, and their contention was that even for these sugar factories ..... 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 ..... chose to pay a higher price than that rued by the government, it had itself to blame if its over-all working showed a paper loss though on lifting the veil of corporate orgaiisation, it can be seen that ultimately the members of the co-operative society benefited by a higher price of sugarcane and ancillary prices and rates paid to them rather than benefitting in the form of dividends ..... and the demands were raised by the unions of the workmen in the establishments for increase in gratuity, dearness allowance and variable ..... sugar resulted in the increase in the area under sugarcane and also the production of ..... order was passed subsequently under section 3 sub-clause (b) of .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)0GLR18; (1976)ILLJ312Guj
..... so far as the bombay industrial relations act, 1946, is concerned the position of law is well-settled that it is only the representative union which alone has a right of this collective bargaining in such an industrial dispute and the individuals would have no locus standi in the matter, as laid down in the decisions ..... 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 ..... of continuity was to be applied to the entire organised establishment as a whole, which was carried on by the mutual co-operation of the old employer and the old employees for producing the textile goods, the new establishment had completely parted company, lock, stock and, barrel and, therefore, there being no continuity, there could be no identity preserved. ..... 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. ..... may also refer to one more section, viz., s. ..... 16(1)(b) of the act which runs as under : 'this act shall not apply - * * * * (b) to any other establishment employing fifty or more persons or twenty or more persons, but less than fifty persons until the expiry of three years in the case of the former and five years in the case of the latter, from the date on which the establishment is, or .....
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