Court : Karnataka
Reported in : ILR1964KAR826; (1964)IILLJ604Kant; (1964)1MysLJ569
..... issuing the third notification the state government acted bona fide solely in the interest of fair play and justice as it had come to the conclusion that it was necessary that the mazdoor union should be heard before the disputes in question were adjudicated upon by the industrial tribunal and that it would be more convenient and in the interest of industrial peace and harmony to refer to ..... points of dispute as noted in the two notifications and held on facts that the additional points mentioned in the subsequent notification were supplementary points relating to the same dispute between the labourers and the mills arising out of the agreement of 27 march 1958 and that the notification only amplified ..... we are in respectful agreement with the view expressed by their lordships that while sub-section (4) limits the power of the appropriate court or tribunal to confine its adjudication to the points specified in the order of reference and to matters incidental to those points, sub-section (5) confers jurisdiction on the appropriate government to include in the reference any other establishment, group or class of ..... bombay high court in state of maharashtra ..... view but seems to have approved the view taken by the madras ..... preliminary issue and the presiding officer of the tribunal came to the conclusion that 'when the government amend, amplify or add to the reference by a memorandum or notification, it will not be contravening the provisions of the industrial disputes act, as in they case of .....
Tag this Judgment!Court : Karnataka
Reported in : (1965)ILLJ489Kant; (1965)2MysLJ73
..... into a collective dispute; in such a case not only should it be proved that the workmen who are members of the general union formed a substantial or a considerable section of the workmen of the particular mills, but also that in order to vest the dispute, with the character of an industrial dispute, those members participated in or acted together and arrived at an understanding, either by a resolution or by other means, and collectively supported on the date of the reference ..... jurisdiction to adjudicate upon the existence of an 'industrial dispute'; further it is also well-settled that a dispute between an individual workman and the management can become an 'industrial dispute' when that dispute is sponsored by his union or a number of fellow-workers; when the validity of the reference relating to single workman is challenged on the ground that what is referred is only an individual dispute and not 'industrial dispute' it is for the workman to show that ..... government is influenced by reasons which are wholly extraneous or irrelevant, or which are not germane, then its decision is open to challenge in a court of law, as held by the supreme court in state of bombay (now maharashtra) v. k. p. ..... 12(5), the government is not bound to make a reference on receipt of the conciliation officer; on a consideration of the report, the government, if satisfied that there is a case for reference, may make such a reference; but where the government does not make such a reference, it has ..... ' rightly, .....
Tag this Judgment!Court : Karnataka
Reported in : (1968)ILLJ779Kant; (1967)2MysLJ420
..... labour court could not have allowed the claim of the workmen for wages, made after eight years as that claim had to be made within one year under the payment of wages act (as modified by a local amendment in the state of maharashtra) and that the workmen could not get over that period of limitation by making a claim before another tribunal, namely, the labour court. ..... by sri gunjal that the labour court had no jurisdiction to adjudicate on that part of the claims of the employees which related to any period prior to 28 august, 1956, the date of coming into force of the industrial disputes (amendment and miscellaneous provisions) act, 1956, by which s. ..... that the determination of the question about computing the benefit in terms of money may, in same cases, have to be preceded by an enquiry into the existence of the right and such enquiry may be held incidental to the main determination which has been assigned to the labour court by sub-sec (2) ... ..... in bombay gas company case (vide supra) the workmen moved the labour court to compute the benefit which they claimed to be entitled to as a result of an award made by the industrial tribunal ..... section 33c does not create any new right ..... (vide supra) that the decision of the supreme court case in bombay gas company case [1963 - ii l.l.j. ..... madhya pradesh high court appear to have overlooked this aspect of bombay gas company case [1963 - ii l.l.j. ..... rejecting a similar contention in bombay gas company case [1963 ..... supreme court in bombay gas company v. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant150; AIR1968Mys150
..... that the labour court had no jurisdiction to adjudicate on that part of the claims of the employees which related to any period prior to 28-8-1956, the date of coming into force of the industrial disputes (amendment and miscellaneous provisions) act, 1956 by which section 33c was inserted in the industrial disputes act. mr. ..... that the labour court could not have allowed the claim of the workmen for wages, made after eight years, as that claim had to be made within one year under the payment of wages act (as modified by a local amendment in the state of maharashtra) and that the workmen could not get over that period of limitation by making a claim before another tribunal namely, the labour court. ..... in : (1963)iillj89sc with great respect, we think that they have missed the significance of the following pronouncement of the supreme court:'we must accordingly hold that section 33c(2) takes within its purview cases of workmen who claimed that the benefit to which they are entitled should be computed in terms of money, even though the right to the benefit on which their claim is based is disputed by their employers'(20) the decision of the supreme court ..... rejecting a similar contention n bombay gas co's case. ..... we are in respectful agreement with the view taken by the bench of the punjab high court in tarn taran municipality's case, that the decision of the supreme court in bombay gas co. ..... lordships of madhya pradesh high court appear to have overlooked this aspect of the bombay gas co. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant156; AIR1968Mys156
..... the procedures before these three forums were different and would leave to different results of varying degrees of onerous ness to employers, that section 10 of the industrial disputes act gave no guidance to the government as to how it should exercise its discretion in choosing one or the other of the alternative procedures ..... government pleader contended that minimum rates of wages have no relation to the quantum of work done by workmen and ..... state of maharashtra, : (1963)iillj548bom that even if an officer of the government appointed to the advisory committee as an independent person, cannot be so considered, the irregularity in ..... act were deprived of substantial right of appeals and revision which were available to assessees whose cases were dealt with under the procedure of section 34 of the income-tax act and that while the investigation into escaped income or evaded income was limited to a maximum period of 8 years under section 34 of the income-tax act 1922, the investigation under section 5 of the impugned act ..... union in bangalore has raised an industrial dispute regarding the wages in that industry that the government had referred that dispute for adjudication by industrial tribunal, and that the industrial tribunal had given an award, are sufficient to demonstrate that there was no need for inclusion of hotel industry in the part-i of the schedule to the minimum wages act ..... act is similar to the procedure under the new towns act 1946 ..... quoted with approval by ..... and bombay (vide .....
Tag this Judgment!Court : Karnataka
Reported in : (1969)ILLJ97Kant; (1968)1MysLJ24
..... union in bangalore had raised an industrial dispute regarding the wages in that industry, that the government had referred that dispute for adjudication by an industrial tribunal and that the industrial tribunal had given an award, are sufficient to demonstrate that there was no need for inclusion of hotel industry in part i of the schedule to the minimum wages act ..... and the representations will be taken up for consideration is, as can be seen in sub-section (2), to indicate the date before which representations have to be sent to the government by ..... in enforcing the provisions of the minimum wages act, that the government makes the notification proposing certain rates of minimum wages and hence officers of the government in the labour department are interested ..... that minimum rates of wages have no relation to the quantum of work done by workmen and that such minimum rates must be related to the minimum needs of a workman ..... that fixation of minimum wages affects the right of the employer to pay to his employees whatever wages he likes or the right to enter into a contract as mutually ..... act is similar to the procedure under the new towns act, 1946 ..... wages, was quoted with approval by the supreme court ..... minimum wages fixed in the same employment in the state of maharashtra and andhra pradesh and that the impugned rates are higher than the rates of minimum wages fixed by the state government in other scheduled employments like tile industry, rice mills and oil-crushing industries. ..... bombay .....
Tag this Judgment!Court : Karnataka
Reported in : [1971(22)FLR53]; (1970)IILLJ617Kant; (1970)2MysLJ364
..... relations between an employer and the union were not happy and the workmen concerned were office bearers or active workers of the union would by itself be no evidence to prove victimisation, for if that were so, it would mean that the office bearers and active workers of a union with which the employer is not on good terms would have a carte blanche to commit any misconduct and get away with it on the ground that relations between the employer and the union ..... industrial tribunal, maharashtra ..... ullal learned counsel for the petitioners employees' association urged the following contentions : (i) the publication of the pamphlet by janakiram naidu was not an act subversive of discipline; (ii) principles of natural justice were violated in the domestic enquiry; (iii) the disciplinary action against janakiram naidu was mala fide, discriminatory and amounted to victimisation and unfair ..... the supreme court in laxmi devi sugar mills' case the bombay high court repelled that contention. 31. ..... in the company and had the power to appoint the chairman and one other director of the company, the workmen had reason to believe that the chief minister would set right the affairs of the company. 13. ..... section 23 provides, inter alia, that no workman who is an employee in any industrial establishment shall go on strike in breach of contract during the pendancy of the conciliation or arbitration proceedings, or proceedings before the labour court or tribunal and for certain period after the conclusion of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1976Kant85; ILR1976KAR310
..... related to the legality of certain proceedings taken under the bombay municipal corporation act of 1888, in exercise of powers under sections 105-a and 105-b of chapter v-a which was introduced by an amending act (maharashtra act 14 of 1961) and under bombay government premises (eviction) act ..... , learned counsel for appellant, contends before us that provisions of section 19-b of the act which contemplate the constitution of a tribunal for settlement of disputes relating to the recovery of sum payable to appellant and the procedure prescribed under rules 25-a and 25-b in relation thereto do not have the effect of barring the jurisdiction of ..... is that as there are two procedures available to the corporation and the state government, one by way of a suit under the ordinary law and the other under either of the two acts, which is harsher and more onerous than the procedure under the ordinary law, the latter is hit by article 14 of the constitution in the absence of any guidelines as to which procedure ..... this appeal of the khadi and village industries commission, a body corporate established by the khadi and village industries commission act, 1956 (61 of 1956), which we shall hereinafter call the act, preferred against the decree of dismissal dated ..... construed, so far as possible, to avoid the effect of transferring the determination of rights and liabilities from the ordinary courts to executive officers; see winter v- attorney general- (1875) lr pc 380.11 ..... referred, with approval to the .....
Tag this Judgment!Court : Karnataka
Reported in : (1983)ILLJ201Kant
..... section 20(1) of the act reads as under : 'the appropriate government may, be notification in the official gazette, appoint any commissioner for workmen's compensation or any officer of the central government exercising functions as a labour commissioner for any region, or any officer of the state government not below the rank of a labour commissioner or any other officer with experience as a judge of a civil court or as a stipendary magistrate to be the authority to hear and decide for any specified area all claims arising ..... if, however, the terms of employment confer a right of lay-off on the management, then, in the case of an industrial establishment which is governed by chapter v-a, compensation will be payable in accordance with the ..... writ petitions are disposed of by a common order since they relate to a notification issued by the state government under the provisions ..... , a notification issued by the government of maharashtra in exercise of the powers under s. ..... the power of the employer to lay-off workmen does not seem to have been canvassed or discussed by the bombay high court in the said judgment. ..... of no doubt in the light of the decision of the bombay high court in balaram abaji patil v. ..... decision, a division bench of the bombay high court observed : '..... ..... majority view of the bombay high court in k. ..... of bombay [1961 ..... bombay state, (supra) the supreme court held that the fulfilment of the other terms of the contract is a condition precedent for the payment of wages as .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1983Kant251
..... of seats in the private institutions solely on the basis of the quantum of capitation fee that a candidate was willing to offer made it impossible for the merited among the weaker sections of the society to seek admission to these colleges even though large hopes were raised when these institutions were started that they would function in the interests of the general public, particularly ..... and (6) that the impugned order is also bad in law inasmuch as the same has been passed without affording an opportunity to the management of the private engineering colleges to be heard in the matter of their right to administer the colleges in accordance with the statutes, ordinances, regulations and rules of the university, visiting civil consequences in the shape of loss of income to the colleges, practically rendering it impossible to continue to ..... case arising under the industrial disputes act wherein right under article 19 of ..... which is now transferred to the concurrent list, a subject to be dealt with both by the union government and government of the states, starts at the primary level and needs attention from the point ..... distinguishing the decision of the supreme court the division bench of the bombay high court held that ram nath's case was not an authority for the proposition that ..... candidates for admission) rules, with the prior approval of the director of technical education, bangalore. ..... maharashtra ..... constitution, it is unnecessary for me to state it again more so in relation to art. .....
Tag this Judgment!