Court : Kerala
Reported in : 2012(3)KLJ138
..... that, had it not been for the industrial disputes act, the bombay industrial relations act and the maharashtra recognition of trade unions and prevention of unfair labour practices act, would have been within the jurisdiction of the ordinary civil courts to decide, although the ordinary civil courts may not be able to grant all the reliefs that are contemplated by these acts ..... the notification dated 08.03.1979 issued by the state of maharashtra under the industrial disputes act and the bombay industrial relations act and the amended section 7 of the i.d ..... that the governor could not appoint a district judge from persons belonging to any service other than the judicial service (like police, excise, revenue or such other service) defined under ..... by notification in the official gazette, constitute one or more industrial tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the second schedule or the third schedule and for performing such other functions as may be assigned to them under this act ..... . (3) a persons shall not be qualified for appointment as the presiding officer of a tribunal unless (a) he is, or has been, a judicial officer not below the rank of a district judge, or is qualified for appointment as a judge of a high court; or (aa) he has, for a period of not less than three years, been a district judge or an additional district judge; (4) the appropriate government may, if it so thinks fit, appoint two persons as assessors to advise .....
Tag this Judgment!Court : Kerala
Reported in : (1998)IILLJ908Ker
..... reference now made under ext.p7 was different from the reference made earlier under ext.p3, the appellant tiled the original petition contending that once a reference is made under section 10 of the industrial disputes act, 1947 (for short 'the act'), that is necessarily to end by an award under section 17-a of the act and hence the modification of the reference of 'denial of employment' to that of 'dismissal from service' is without the authority of law. ..... appropriate government is of opinion that if any industrial dispute exists or is 2 apprehended, it may at any time, by order in writing refer the dispute or any matter appearing to be connected with or relevant to the dispute whether it relates to any matters specified in the second schedule or the third schedule to a tribunal for adjudication under section 10(1) of the act. ..... supra)in the above case, the maharashtra government first referred for adjudication to the industrial tribunal certain disputes between the union and their company. ..... in the above case, the division bench of the bombay high court held that if points of difference are discernible from the materials placed before the court or tribunal, it has only one duty and that is to decide the points on merits and not be astute to discover formal defects in the wording of the reference.1975 ..... that being so in such a case, it would be more appropriate to issue a writ of mandamus against the appropriate government restraining it from enforcing the notification cancelling the .....
Tag this Judgment!Court : Kerala
Reported in : (1987)IILLJ498Ker
..... 561 with reference to section 60(1) of the travancore-cochin co-operative societies act, that-the arbitration proceedings contemplated by section 51(1) of the madras co-operative societies act 1932 is not concerned with industrial disputes and notwithstanding the said sub-section, industrial disputes can be referred for adjudication under section 10 of the industrial disputes act, 1947.xx xx xx xxthe question in cases like this is not whether the dispute referred for adjudication touches the business of a co-operative society; the question really is whether that dispute comes within the category ..... state of kerala, (supra) and held that the dispute referred to the registrar under section 91 of the maharashtra co-operative societies act (which corresponds to section 69 of our act) must be such as a civil court can take cognizance of and try.11. in a.p. ..... with the enactment of the payment of wages act and the constitution of authorities thereunder, the disputes relating to unpaid or delayed wages are to be determined by the authority under the act and not by ordinary civil court. ..... a full bench of the bombay high court in the decision reported in rambhau jairam dhamange v. ..... the bar provided thereunder will not be operative to take away the jurisdiction of authorities other than civil or revenue courts to entertain and decide claims for delayed or unpaid wages.6. ..... if it is not one such, the bar under section 100 will not be operative. .....
Tag this Judgment!Court : Kerala
Reported in : (1975)ILLJ284Ker
..... it is recorded in the agreement, that the state bank of travancore employees' union proposed to treat all disputes (except the one relating to the issue of absorption of 'civil agents' into 'subordinatecadre final settlement of which had to be deferred as the matter was sub judice) connected with the refixation of the employees of the bank as settled, if the state bank of travancore ..... p2 and p3 dated 11-11-1970 and 18-11-1970, more than seven years after the fitment. ..... p1 scheme prepared by the reserve bank, under section 45, clause (4), sub-clause (4) of the banking regulation act 1942, and sanctioned by the government of india, under section 45, (7) of the act, the kottayam orient bank was to be amalgamated with the state bank of trayancore ..... while this is so, counsel for the respondent contended that the question of delay and laches, is, untimately, one of discretion relating to the, grant or refusal of relief under article ..... , president, industrial court, bombay a.i.r. ..... has, however, been immortalised by the judgment of the supreme court in maharashtra state road transport corporation's case a.i.r. ..... are mere idle representations seeking mercy at the hands of the reserve bank and praying for its intervention to assign rank, status and emoluments to the petitioners from 1-7-1963.9. ..... place on record our thanks to sri hardayal hardy, counsel for the appellants and to sri f.s.nariman, the additional solicitor-general, for their assistance and our appreciation of their able arguments. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker303; 2006(4)ARBLR299(Kerala); 2006(2)KLT917
..... by court a party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with ' section 36, apply to a court:(i) for the appointment of a guardian for a minor or a person of unsound mind for the purposes of arbitral proceedings; or(ii) for an interim measure of protection in respect of any of the following matters, namely:(a) the preservation, interim custody or sale of any goods which are the subject matter of the arbitration agreement;(b) securing ..... the appointment of a receiver;(e) such other interim measure of protection as may appear to the court to be just and convenient;and the court shall have the same power for making orders as it has for the purpose of, and in relation to, any proceedings before it.true icc rules of arbitration also give conservatory and interim measures. ..... this appeal is preferred under section 37 of the arbitration and conciliation act, 1996, (for short 'the act') against the interim order ..... his contention counsel placed reliance on the decision of a division bench of the bombay high court in maharashtra state electricity board v. ..... first respondent was also permitted to take the cargo on furnishing bank guarantee for 13.5 lakhs us dollars within a period of one month failing which it was ordered that the petitioner would be at liberty to sell the cargo through court auction as security for the award that may be passed in that case. ..... sterlite industries ..... sterlite industries .....
Tag this Judgment!Court : Kerala
Reported in : AIR1991Ker162; [1992]75CompCas377(Ker)
..... that by virtue of the declaration made by the parliament in section 2 of the industries regulation act and section 2 of the mines and minerals regulation act, the entire field relating to the industry in question is occupied by these parliamentary legislations under entries 52 and 54 of the union list and there is no residual field left for any state legislation. ..... 700 and 702-03):'these provisions were evidently intended to control the scheduled industries and if the sugar industry was one of the scheduled industries the control thereof involved the development and regulation of the sugar industry and the registration and the licensing as also investigation into the affairs of the undertakings which were engaged in ..... state of maharashtra, air 1984 bombay 366, where it was held (at page 379):'in our judgment, it would be difficult to conclude that by deletion of article 31 from part iii of the constitution the perliamentintended to confer absolute right on the legislature to deprive the citizen of his property by mere passing of a legislation without complying with the requirement that the deprivation is for a public purpose and on ..... more into the schedule than what is actually mentioned therein, especially when it has an impact on the legislative field available for the states by virtue of entry 52 of the union ..... municipal area are being acquired for providing housing accommodation afterpaying an amount which is computed in accordance with a method considered to be a fair one by .....
Tag this Judgment!Court : Kerala
Reported in : 2006(2)KLT965
..... a question arose whether the high court would not fall within the term 'authority' and the remedy of the appellant lies in seeking a reference under section 10 of the industrial disputes act, in the light of any dispute which arose, in regard to the number of years they have worked. ..... case supra, the apex court was dealing with a case where the high court in a writ petition, directing the public sector company to evolve a scheme for absorbing the petitioners who have completed more than five years of continuous service, among other directions. ..... i do not think that the question relating to seniority is one which fell within the ambit of the jurisdiction of the tribunal having regard to the terms of reference ..... appellant also requires registration of the respondents with the employment exchanges ..... chandrabhan : (1983)iillj256sc , the court was dealing with the bombay civil service rules and it was in that context that the court has held as follows:public employment opportunity is national wealth in which all citizens are equally entitled to share and no class of people can monopolise ..... am not impressed by the contention raised by the petitioners, workers and unions to challenge the award on the ground that even the prescription of vth standard for being regularised is not sustainable. ..... : (2004)iiillj780sc , state of maharashtra and anr. v. r.s. ..... learned counsel appearing for the workers/unions complained against the award for permitting direct recruitment to the extent of twentyfive per .....
Tag this Judgment!Court : Kerala
Reported in : [2003(96)FLR774]; (2002)IIILLJ1138Ker
..... section 25-l defines the industrial establishment, for the purpose of the said chapter, as following:(a) 'industrial establishment' means --(i) a factory as defined in clause (m) of section 2 of the factories act, 1948 (63 of 1948);(ii) a mine as defined in clause (j) of sub-section (1) of section 2 of the mines act, 1952 (35 of 1952); or(iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (69 of ..... retrenchment compensation offered to him without demur or protest, and immediately thereafter raises a dispute about the validity of the employer's action, it may not be possible to silence him by a legal contention of estoppel as the issue is more concerned with human relations than contractual situations. ..... facts of the case could be given briefly as following:the petitioner is a public limited company and they have two factories, one at kurla and another at kalyan in the state of maharashtra. ..... it is pointed out that the letter was issued from bombay and there was reference to the standing orders which were applicable to the workmen concerned, which were those applicable to workers of the kurla establishment of ..... to the reference, it appears that a complaint to the labour officer had been filed by the union in respect of shahul hameed on 21-11-1987 and in respect of pareeth on 20-05-1988. ..... it was not ethical for the union to take up such an issue which had ..... though it was opposed by the management, the union did not oppose the application and it has .....
Tag this Judgment!Court : Kerala
Reported in : 2009(3)KLJ228
..... 'legislation is directed to practical problems, mat the economic mechanism is highly sensitive and complex, that many problems are singular and contingent, that laws are not abstract propositions and do not relate to abstract units and are not to be measured by abstract symmetry'; that exact wisdom and nice adaptation of remedy are not always possible 1 and that judgment is largely a prophecy based ..... state of maharashtra (supra), wherein the validity of a provision in the bombay stamp act, providing that agreement for sale of a flat plus delivery of ..... the said agreement, it is specifically stated that the 5th petitioner shall not demand registration of the sale deed for the* undivided share before the payment of entire sale price and settlement of the ..... degree of concealment needed, the type of industry, the local conditions and the like may be resorted to when labour legislation casts welfare obligations on the real employer, based on ..... more inclined to give judicial deference to legislative judgment in the field of economic regulation than in other areas ..... that, something which has nothing to do with conveyance, as defined under section 2(d) of the kerala stamp act, cannot be taxed treating the same as conveyance, by amending the schedule to the act, but without amending the substantive provision. ..... and it is based on experimentation or what one 64 may call trial and error method and therefore it cannot provide for all possible situations or anticipate all possible abuses ..... union .....
Tag this Judgment!Court : Kerala
Reported in : [1978]42STC140(Ker)
..... where it was observed by a learned judge that in cases of printing of letter-heads, binding of books and supply of journal forms, the contract involved was one for sale and that it was impossible to say that the contract for printing of the judgments of the court is a contract for sale and that such contracts are truly contracts of work and labour and that the imposition of sales tax on the turnover relating to the printing of judgments of court was unwarranted. ..... stressed that mere transfer of property in goods used in the performance of a contract is not sufficient; and to constitute a sale there must be an agreement express or implied relating to the sale of goods and completion of the agreement by the passing of title in the very goods contracted to be sold. ..... expressing any opinion on the question whether the view taken by the tribunal or by the high court was correct, we discharge the answer recorded by the high court on the ground that the question submitted for their opinion was not one which brought out the true question which was submitted to the deputy commissioner for opinion and even if the question be amended, there is no evidence on which the question may be answered. ..... of sales tax, maharashtra state [1966] 17 ..... industrial corporation ..... a division bench of the bombay high court was there concerned with photographers and photographic dealers engaged in three types of ..... law has also been summarised in pollock & mulla's sale of goods and partnership acts, at page 28.3. .....
Tag this Judgment!