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 ..... indication than this to show that the high court has power to punish any person who commits contempt of industrial court, labour court or wage board in exercise of its contempt jurisdiction under article 215 of the constitution of india as well as the provisions of contempt of courts act, 1971.7. ..... (3) in the case of contempt of a wage board or a labour court, such board or court shall record the fact constituting such contempt and make a report in that behalf to the industrial court; and thereupon the industrial court may, if it considers it expedient to do so, forward ..... the above dictum and referring to the wider ambit of article 227 of the constitution which gave power to the high courts to correct errors of various kinds of all courts and tribunals in appropriate cases, in terms, held in paragraph 24 of the judgement, that the subordination for the purpose of section 3 of the contempt of courts act, 1952 means judicial subordination and not subordination under the hierarchy of courts under the ..... within the 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 . .....
Tag this Judgment!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 ..... 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 to constitute the tribunal a court. ..... 33, notwithstanding anything contained in any other provision of the act, an employee or a representative union shall be entitled to appear through any person, (a) in all proceedings before the industrial court; (aa) in all proceedings before a wage board and (b) in proceedings before a labour court for deciding whether a strike, lock-out, closure or stoppage or change or an order passed by an employer under the standing orders is illegal .....
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. ..... the detailed facts 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. ..... 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. ..... where the employees of a company 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. .....
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. ..... section 119-b of the bombay industrial relations act which authorises labour court/industrial courts to make a report to the high court in case its contempt is committed by any person and the high court, in turn, will deal with such contempt as if it were the contempt of itself by exercising powers and authority in accordance with the procedure and practice, in our opinion, will not make the labour court/industrial tribunal a 'court' constituted under the bombay industrial relations act. ..... the supreme court was of the view that the high court, under article 227 of the constitution has the power of superintendence over all the courts/tribunals throughout the territories in relation to which it exercises jurisdiction and, therefore, the board of revenue is 'court subordinate to the high court'. ..... the ordinary course of law has no power to grant reinstatement with or without back wages; that power is special and peculiar to the labour court. ..... 43 of 1995, in his favour, he is neither reinstated nor paid back wages and, therefore, the respondents be held guilty of having committed wilful contempt of the court and to punish the respondents as per the provisions of contempt of courts act. 2. .....
Tag this Judgment!Court : Gujarat
Reported in : (1968)GLR815; (1968)ILLJ670Guj
..... governed by the bombay industrial relations act, 1946, standing orders have ..... 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 ..... 96 which provides as under : '(1) notwithstanding anything contained in any other law for the time being in force, any dispute touching the constitution, management or business of a society shall be referred in the prescribed form either by any of the parties to the dispute, or by a federal society to which the society, is affiliated, or by a creditor of the society to the ..... referred under sub-section (1) for decision to the registrar's nominee or board of nominees, the registrar may at any time, for reasons to be recorded in writing, withdraw such dispute from his nominee, or board of nominees, and may decide the dispute himself, or refer it again for decision to any other nominee, or board of nominees, appointed ..... the petitioner be ordered to pay to him the back-wages from the date his services were terminated to the date ..... maharashtra co-operative societies act .....
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. ..... 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. ..... state of maharashtra reported in : (1987)iillj506sc and in the case of nyadar singh v. .....
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. ..... ahmedabad 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 to cover a reference of such a dispute. ..... to hold an enquiry under 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 by producing evidence before the ..... termination of services of an employee without giving such an opportunity would constitute nothing short than a colourable exercise of powers conferred by the standing orders. ..... 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. .....
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. ..... 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 shareholder to another concern, the bihari mills company, ltd. ..... where an order of discharge has 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 ..... 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. ..... . termination of services of an employee without giving such an opportunity would constitute nothing shorter than a colourable exercise of powers conferred by the standing orders ..... 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. .....
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. ..... demands was all the greater because, after the bangladesh war and the rising spiral of inflation all over the world in 1973-74 following the world petroleum crisis to 1973, the dearness allowance and wage scales which were prevalent under the recommendations of the second wage board for sugar industry, had become out of context for the conditions which were prevalent after october 31, 1974. ..... and desirable but has, over the ages, been observed by arbitrators and quasi-judicial tribunals as a norm of processual justice.in the light of these principles governing the exercise of certiorari jurisdiction under article 226 of the constitution, we have to consider the attack both from the employers' side as well as the workmen's side to the two awards before us. ..... 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
..... 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 ..... 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. ..... 226 and 227 of the constitution, the order of the central government, dated april 15, 1974, under ..... 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. ..... ' section 19a(iv) provides that if any difficulty arises in giving effect to the provisions of this act, and in particular if any, doubt arises as to the number of years which have elapsed from date on which an establishment has been set up the central government may, by order, make such provision or give such direction not inconsistent with the provision of this act as appear to it to be necessary or expedient for the removal of the doubt or difficulty; and the order of the .....
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