Court : Guwahati
..... it has further been observed that he was illiterate and earns his livelihood as a day labourer. ..... finally, we will set down the salient cynosures for judges in their day-to-day labours.54. .....
Tag this Judgment!Court : Guwahati
..... after about two years of such acceptance of the offer of resignation, the workman-writ petitioner raised an industrial dispute before the assistant labour commissioner (c) under section 2a of the industrial dispute act, 1947 claiming that he had not been allowed by the management to resume his duties. ..... payment of full wages to workman pending proceedings in higher court - where in any case, a labour court, tribunal or national tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a high court or supreme court, the employer shall be liable to pay such workman, ..... the labour court, however, upon evaluation of the evidence on record found the resignation to be voluntary and on that basis the apex court held that there was no intention on the part of the workman to withdraw the letter of resignation .....
Tag this Judgment!Court : Guwahati
..... the prices of materials and/or wages as they prevailed at the time of receipt of tender for the work minus ten per cent thereof and the prices of materials and/or wages of labour on the coming into force of such law, statutory rule or other.the contractor shall for the purpose of this condition keep such books of account and other documents as are necessary ..... the tender for the work government shall in respect of materials incorporated in the works (not being materials supplied from the engineer-in-charge's stores in accordance with clause 10 hereof) and/or labour engaged on the execution of the work after the date of coming into force of such law, statutory rule or order be entitled to deduct from the dues of the contractor such amount ..... of the works the price of any material incorporated in the works (not being a material supplied from the engineer-in-charge's stores in accordance with clause 10 hereof) and / or wages of labour is decreased as a direct result of the coming into force of any fresh law or statutory rules or order (but not due to any changes in sales tax) and such decrease exceeds ten ..... receipt of the tender for the work and the contractor thereupon necessarily and properly pays in respect of that material (incorporated in the works) such increased price and/or in respect of labour engaged on the execution of the work such increased wages then the amount of the contract shall accordingly be varied provided always that any increase so payable is not, in the opinion .....
Tag this Judgment!Court : Guwahati
..... it has further been observed that hewas illiterate and earns his livelihood as a day labourer. ..... finally, we will set downthe salient cynosures for judges in their day-to-day labours. 54. .....
Tag this Judgment!Court : Guwahati
..... , respectively, were void and ought to be considered as decisions rendered per incurium inasmuch as the supreme courts interpretation, in mohan pals case (supra), of the conditions subject to which conferment of temporary status, on a casual labourer, under the 1993 scheme, was permissible, must be treated as a declaration of law under article 141 of the constitution of india and has had been binding on all the courts including the central administrative tribunal. 10 ..... dated 12.08.2003, had clearly stated that it was not necessary for a person to fulfill both the conditions stipulated in the 1993 scheme, it logically followed that it was enough if a person was in employment, as a casual labourer, on 10.09.93 and that such a person would be entitled to conferment of temporary status if he had completed, at any future point of time, continuous engagement, in a given year, for a period of 240 days, or 206 days, as ..... . with the reasonings, so reached, the learned tribunal has, now, concluded that though the present writ petitioner was, as a casual labourer, in employment of the archeological survey of india, on 01.09.1993, she had not rendered continuous service, in the said department, for one year and was, therefore, having not satisfied the twin conditions, ..... . some of the central administrative tribunals took the view that this is an ongoing scheme and as and when casual labourers complete 240 days of work in a year or 206 days (in case of offices observing 5 days a week), they .....
Tag this Judgment!Court : Guwahati
..... , tribunal or national tribunal) which has become enforceable shall be binding on--(a) all parties to the industrial dispute;(b) all other parties summoned to appear in the proceedings as parties to the dispute, unless the board [arbitrator] [labour court, tribunal or national tribunal], as the case may be, records the opinion that they were summoned without proper cause;(c) where a party referred to in clause (a) or clause (b) is an employer, his heirs, successors or assignees in respect of the establishment to ..... 3, namely, the assistant labour commissioner (central), guwahati, to the secretary to the government of india, ministry of labour, that the management had agreed with the assertion of the workman that he had worked for more than 240 days during the preceding 12 months. ..... before the assistant labour commissioner, the respondents filed a written statement, on august 26, 1996, stating, inter alia, that the petitioner was a casual worker engaged on the basis of hourly wages, he had worked intermittently and that he had not worked ..... 7 did not permit the petitioner to rejoin his duty, whereupon the petitioner made an application to the assistant labour commissioner (central), guwahati, i.e. .....
Tag this Judgment!Court : Guwahati
..... arrived at in the course of conciliation proceedings under this act (or an arbitration award in a case where a notification has been issued under sub-section (3a) of section 10(a) or an award of a labour court, tribunal or national tribunal) which has become enforceable shall be binding on -(a) all parties to the industrial dispute. ..... (b) all other parties summoned to appear in the proceedings as parties to the dispute, unless the board, (arbitrator) (labour court, tribunal or national tribunal), as the case may be, records the opinion that they were so summoned without proper cause;(c) where a party referred to in clause (a) or clause (b) is an employer, his heirs, successors or assigns in respect of the ..... badli workmen should be regularised, and for arriving at a just conclusion it was permissible for the tribunal to consider as to how the workmen had been treated and as to whether they had been subjected to unfair labour practice or not, but while doing so, the tribunal did not put the management on notice ..... nothing in the said sub-section (5) of section of the act, 1947 to show that a labour court, tribunal or national tribunal to which a reference is made cannot add a party to a ..... . deb, the supreme court found that the issue of unfair labour practice or discrimination by reason of subsequent reinstatement on a permanent basis of some and not all the 25 workmen was not a matter referred to the tribunal for adjudication, nor it could be said to be in any way connected with or .....
Tag this Judgment!Court : Guwahati
..... urged towards the same are that the domestic enquiry was conducted in a most improper manner for which, even the labour court had to reject the same with the decision to examine the matter on merit on the basis of the evidences adduced by the parties; the finding of the labour court is perverse and not tenable in law; the charges against the workman are all vague and self contradictory; the ..... evaluating and balancing the evidences on record, which included the own statement of the workman referred to above, the labour court has held that the charge against the workman has been established and as such the management was justified in terminating the services ..... although, it is not for the writ court to sit on appeal over the evidence of the labour court and re-appreciate the same, however, the evidence on record has been referred to, in view of the submissions made by the learned counsel for the petitioner that the findings arrived at by the ..... however, this witness is of little relevance since the labour court decided to proceed with the matter afresh and took evidence ..... and upon failure of the same, the reference notified vide annexure-6 notification dated 4.12.1998 was made to the labour court, on the following issues.1. ..... on the part of the workman towards striking out the signatures of the co-employee from the attendance register, the workman cannot be said to be guilty of any misconduct and as such the findings arrived at by the labour court is utterly perverse.11. mr. g.r. .....
Tag this Judgment!Court : Guwahati
..... disputes act, 1947 further contemplated that on receiving the report contemplated in sub-section (4) of section 12 of the industrial disputes act, the appropriate government is left with two options -first, option to refer the matter to the labour court, tribunal or national tribunal and the second option appropriate government itself shall refuse to refer by giving reasons and such decision is to be communicated to the party concerned.13. ..... 2 and 3 who already opted for remedy contemplated under the industrial disputes act, 1947, again approached the assistant labour commissioner, jorhat by filing the appeal under section 18(2) of the assam shops and establishments act, 1971. ..... 3 of the impugned judgment and order dated july 20, 2001 wherein the learned assistant labour commissioner, jorhat clearly mentioned that disputes put up by the respondent no. ..... if, on a consideration of the report referred to in sub-section (4), the appropriate government is satisfied that there is a case for reference to a board, labour court, tribunal or national tribunal, it may make such reference. ..... 2 and 3 were taken up for amicable settlement by labour inspector, jorhat who was appointed as the conciliation officer under the industrial disputes ..... 2 and 3, it is clear that the assistant labour commissioner, jorhat who was the appellate authority under the assam shops and establishments act, 1971 knew very well that there is a conciliation proceeding between the present writ petitioner and the respondent .....
Tag this Judgment!Court : Guwahati
..... harjan sangha calling a strike on 11th november 1958 for non-payment of enhanced clearness allowance to harijans.a similar notice was received by the labour officer, gauhati on 28th october 1958 and that at the time a conciliation proceeding between the municipal board and the harijans was in progress; the labour officer also received a letter dated 4th november 1958 from the chairman, gauhati municipality intimating that he had no information from the government ..... the courts below have accepted the deposition of the labour officer to the effect that a conciliation proceeding was pending at the time and i see no reason to go behind that finding. ..... the labour officer for-warded a copy of the letter of the chairman to the president of the harijan sangha requesting him not to resort to the strike.he further intimated the president that it was illegal to go on strike without giving six .....
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