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 act ..... 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- ..... but in many respects he is given the same powers as are given to ordinary civil courts of the land 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 framing issues, ..... 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 ' .....
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 contended on behalf of the employer before the labour court that gujarat labour court has no jurisdiction to entertain the reference. ..... 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. ..... in the said case, the registrar was enjoying the same powers as are given to ordinary civil boards 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 framing issues, to review his own order and even exercise the inherent jurisdiction of courts ..... state of gujarat, 1998(2) glh 970 has held that the labour court judges form part of judicial service and, therefore, it is the constitutional duty on the part of the governor to consult the high court before such appointment is made and, therefore, consultation for such appointment is a sine quo non. ..... 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
..... in cases governed by the bombay industrial relations act, 1946, standing orders have to be settled and s. ..... 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' in s. ..... the method of conciliation through the intervention of a third party and if such a conciliation falls, the procedure for interference by the state by way of reference, is also a striking departure from the ordinary law. ..... (2) where any dispute is 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 by him. ..... he also prayed that the petitioner be ordered to pay to him the back-wages from the date his services were terminated to the date of his reinstatement. ..... 93 of the present maharashtra co-operative societies act. at p. .....
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 ..... may here take note 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. ..... in a case where the question as to whether the labour courts were subordinate courts directly arose before the supreme court, it has in terms been held that they are courts subordinate to the high court, making them amenable to the control jurisdiction of the high court and the appointments of its presiding officers subject to the procedure indicated in chapter vi of the constitution pertaining to the subordinate courts. ..... 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 . ..... 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. ..... of gujarat, reported in 1998 (2) g.l.h 151 was relied upon to point out that on the basis of the decision of the supreme court in state of maharashtra vs . .....
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. ..... patel, learned counsel for the respondent states that the impugned order dismissing the petitioner's appeal shall be withdrawn and the petitioner will be given an opportunity of being heard before a fresh order is passed. mr. ..... the matter came up for hearing on 7th july, 1987 before the court (coram: i.c. ..... latest before march 20, 1989. .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR259
..... 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 ..... 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 industrial tribunal as held by the supreme court the labour court also has jurisdiction ..... 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 ..... the mere fact that there was an allegation of misconduct by an employee did not necessarily preclude the exercise of power of termination of service and compel the employer to follow the procedure prescribed for dismissal for misconduct. ..... tribunal held that the dismissal was not justified on the ground of a proper procedure not having been followed. ..... behind the form of the order and see whether it is a mere camouflage for a dismissal for misconduct without following the prescribed procedure. .....
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 ..... . 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 ..... 30. but what is the position 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 ..... . 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 ..... . it added, however, that the mere fact that there was an allegation of misconduct by an employee did not necessarily preclude the exercise of power of termination of service and compel the employer to follow the procedure prescribed for dismissal for ..... . in these circumstances, the tribunal held that the dismissal was not justified on the ground of a proper procedure not having been .....
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 ..... the second central wage board for the sugar industry had given its report in the year 1970 and the benefits given in pursuance of that wage board's report were due to expire on october 31, ..... 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. ..... , 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. ..... need for a speaking order, where considerable numbers are affected in their substantial rights, may well be a facet of natural justice or fair procedure, although, in this case, we do not have to go so far. ..... 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 position. ..... their lordships distinguished this decision on the short ground that there was a finding that it was a case of a transfer of a going concern; while the case before their lordships revealed that the old concern was closed and was restarted as a new business after recruiting new workmen. ..... 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. ..... 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. .....
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