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Management of Boisahabi Tea Estate Vs. Presiding Officer, Labour Court ...

Court : Guwahati

..... gratuity act and also the pension under the retirement scheme there will be no unanimity in the retirement benefits receivable by the employees under the tea estates, was considered and not accepted by the learned labour court, as it was considered to be an issue beyond the scope of reference made under section 10 of the industrial disputes act.on the basis of the conclusion reached that the payment under the retirement scheme is not ..... of pension under the retirement scheme as well as gratuity under the gratuity act.the learned counsel also contends that the scope of interference by a writ court with an award passed by the learned labour court is limited and unless there is a patent error committed by the labour court or a perverse award has been passed or there is a jurisdictional error, the interference by the writ' court would not be justified. ..... made that a belated claim has been considered by the learned labour court, it is seen that the management did not challenge the reference made in the year 1999 to the industrial court and therefore, i am of the opinion that the submission made by the management of entertainment of a state claim by the labour court cannot be accepted at the stage of. ..... 5/1999 published on june 28,2002 rendered by the learned labour court, dibrugarh whereby the reference was answered in favour of the workmen by holding that the management is not justified in not paying pension to the concerned employees under the pension & retirement benefits scheme ( .....

Rajib Saikia Vs. Indian Tea and Provision Ltd. and anr.

Court : Guwahati

..... it cannot be said that dehors the provisions of section 17b the court is powerless to mould its interim relief by staying the operation of an award of the labour court and at the same time directing payment of the last drawn wages of the workman. ..... by the impugned award the learned labour court had merely directed that the concerned workman should be reposted in shyamguri tea estate with back wages. ..... (vi) it is observed that when labour courts pass awards of reinstatement, these are often contested by an employer in the supreme court and high courts. ..... the learned labour court by the award dated 31.8.2005 took the view that transfer of the petitioner to the tea estate in tripura is invalid and therefore the petitioner is entitled to be re-posted as an accounts clerk in the shyamguri tea estate with ..... the learned labour court on receipt of the reference registered and numbered the same as reference case no. ..... taking the stand that his transfer to the tea estate in tripura was not authorized and valid the petitioner raised an industrial dispute which was referred for adjudication to the learned labour court at guwahati. ..... specifically it may be noticed that the following two questions were referred for adjudication by the learned labour court.1. .....

Bhadreswar Boro Vs. Presiding Officer, S.T.A. Tribunal and anr.

Court : Guwahati

..... speaking for the court laid down the scope and procedure of enquiry by the labour court under section 33(5) of the industrial disputes act.the labour court dismissed an application under section 33(2) of the industrial disputes act for the absence of the applicant. ..... his lordship has observed that section 33(5) of the industrial disputes act clearly indicates that the labour court 'shall hear the application and pass such order' in relation thereto as it deems fit. ..... jadumoni bhanjo, 1971 lab ic 1005, where the scope and procedure of enquiry by the labour court under section 33(5) of the industrial disputes act, 1947 came up for consideration of this court. ..... (supra) the division bench held that there was no power in the labour court to dismiss an application for non-prosecution and it was duty-bound to dispose the same on merit. 6. ..... the petitioner contended that there was no power in the labour court to dismiss the application merely for the absence of the petitioner. ..... labour court, air 1965 assam 80 and associated industries (assam) v. .....

Management of Daisajan Tea Estate Vs. General Secretary, Bharatiya Cha ...

Court : Guwahati

Reported in : (2010)ILLJ608Gau

..... it is only with the aforesaid conclusion reached and taking into account the statement of the workman, the learned labour court has come to the finding that the workman too was assaulted by the mohurer. ..... even if the complaint was lodged by the workman on october 25, 1978, the labour court ought not to have believed the contents thereof without any supporting material. ..... upon a reference to this complaint and the contents thereof, the labour court has come to the conclusion that although the complaint dated october 25, 1978 was lodged by the workman, but the management decided not to take any action against the said mohurer, but on the ..... after recording the aforesaid finding in the award, the learned labour court believed the story of the workman that it was not possible for her to examine any other workman in her favour as none would come forward to depose against the management ..... the petitioner-tea estate responded to the proceeding before the labour court in respect of the said reference, which was registered and numbered as reference case no ..... while it is the case of the petitioner that the learned labour court has passed the award with perverse finding and no evidence at all to support the case of the workman, it is the case of the workman and for that matter, the union, that the award having ..... this writ petition is directed against the award of the labour court answering the particular reference in favour of the workman who was dismissed from service pursuant to a domestic enquiry.2 .....

North Eastern Security Service and anr. Vs. Tezpur University and ors.

Court : Guwahati

..... the petitioner has referred to the annexures-p-1, p-2, p-3 and p-4 letters dated 07.09.2002, 26.11.2002, 14.12.2004 and 26.02.2004 issued by the government of assam in the labour and employment department categorizing security guards as 'skilled workers' and other workers as 'unskilled workers' and for payment of minimum wages on that basis. ..... the petitioner has also referred to the annexure-p-5 letter dated 03.08.2007 issued by the government of assam in the labour and employment department indicating the latest rates of minimum wages, which include the variable deaeress allowances (vda). ..... it has also referred to the annexure-p-6 circular dated 07.11.2007 issued by the government of india in the ministry of labour and employment specifying the minimum wages for highly skilled, skilled/clerical, semi skilled/unskilled supervisory and unskilled workers. ..... further stand of the petitioner is that the letter dated 01.09.2004 being in respect of contract labourers and having been issued by the authority of the state government, same is not applicable, the university being a central university. ..... in this connection, it has referred to the letter dated 15.02.2003 and 01.09.2004 issued by labour commissioner, assam. ..... rules (d/w rates as per labour laws)3. ..... norms including all, our firm was in first position quoting lowest rate with minimum 6.5% of agency charge where the other part quoted the rate following a circular which is not specified for security service by labour dept. .....

Management of Teok Tea Estate Vs. Presiding Officer, Labour Court and ...

Court : Guwahati

..... on the facts and circumstances of the present case, i am not inclined to interfere with the discretion that was exercised by the learned presiding officer, labour court directing reinstatement of the workman and the said discretion was exercised on valid ground with proper reason. ..... baruah, learned senior counsel, appearing on behalf of the petitioner that the learned presiding officer of the labour court had categorically held that the workman was informed clearly all the charges leveled against him, witnesses were examined in presence of the workman in respect of all the charges, ..... learned senior counsel that in arriving at such findings, the labour court is to follow certain norms and the discretion to exercise the power under section 11a is not absolute and in the case in hand, the learned labour court exercised the said discretion without going to the relevant ..... the power of the tribunal in order to interfere with the punishment awarded by the labour court is statutorily recognised by way of amendment of the section 11 of the industrial ..... therefore, this court can examine whether the labour court has properly approached the matter for exercising or refusing to ..... referred the following issues for adjudication to the labour court:(a) whether the management of teok tea estate ..... the extent of power of this writ court under article 226 of the constitution to interfere with the aforesaid order of dismissal inflicted by the labour court in the circumstances of the present case. .....

Assam Co. Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

amitava roy j.1. this batch of petitions register a challenge to the notices issued under section 148 of the income-tax act, 1961 (hereafter referred to as 'the act'), purportedly initiating a proceeding/action under section 147 thereof on the ground that the income of the assessees/writ petitioners as computed therein had escaped assessment for the different assessment years mentioned therein. the notices though are differently dated and relatable to varying assessment years, a substantial homogeneity in the contextual background being evident and common questions of law having been raised, the petitions deserve to be disposed of by this common judgment and order.2. i have heard mr. r.p. agarwalla, senior advocate assisted by mr. r.l. jain, advocate, for the petitioners in w. p. (c) no. 1163 of 2003, w. p. (c) no. 1258 of 2003, w. p. (c) no. 1259 of 2003, w. p. (c) no. 1260 of 2003 and w. p. (c) no. 6630 of 2003 and mr. g.k. joshi, senior advocate assisted by mr. r.k. joshi and ms. u. chakrabarty, advocates for the petitioners in w. p. (c) no. 4102 of 2003, w. p. (c) no. 4103 of 2003 and w. p. (c) no. 4111 of 2003. mr. u. bhuyan, learned standing counsel, income-tax department represented the revenue.3. the pleaded facts in w. p. (c) no. 1163 of 2003 would be adequately illustrative of the factual premises. the petitioner-company is engaged in the business of cultivation, manufacture and sale of tea and is regularly assessed under the act. it submitted its return for the .....

The Management of Behubar Tea Estate, Kolkata Vs. The Secretary, Assam ...

Court : Guwahati

..... it has been consistently held that whether reference of dispute is valid conferring jurisdiction on the labour court or tribunal to adjudicate, findings on jurisdictional facts recorded by it are not open to interference. ..... there is no quarrel with the aforesaid proposition of law laid down by the apex court in the matter on judicial review of award of industrial tribunal and / or labour court exercising jurisdiction under article 226/227 of the constitution of india. ..... while holding that the decision to make payment is to be left entirely to the discretion of the management, the apex court observed thus :- ..all legitimate payment made to the staff would constitute the cost of labour engaged in the said activities. ..... it was pleaded that such denial led to unfair labour practice. 5. .....

Mohon Rice Mill Vs. Hazarika and ors.

Court : Guwahati

..... hardly think of saying that there is an industrial dispute where the employee is dismissed by his employer and the dismissal is questioned as wrongful.but at the same time, having regard to the modern conditions of society where capital and labour have organized themselves in to groups for the purpose of fighting their disputes and settling them on the basis of the theory that in union is strength, and collective bargaining has come to stay, a single employee's case ..... . the report of the secretary of the indian national trade union congress to the labour officer also does not disclose that he took up the cause of the employee, abdur rahman, at the instance of the indian national trade union congress or at the instance of the mill mazdoor union or that there was ..... . such wide-spread extension of labour unrest is not a rare phenomenon but is of frequent occurrence ..... the case was started on the basis of a report made to the labour officer, government of assam, by sri b. ..... dispute' means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person.11. mr. .....

Oil and Natural Gas Corporation Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... contending that the ongc by issuing the aforesaid tender notice was seeking to introduce contract labour to undertake the work performed by the members of the petitioner association, a writ ..... on the said question being raised by the petitioner association, the regional labour commissioner (central) referred the matter to the assistant labour commissioner (central) at dibrugarh for conciliation under the provisions of the industrial disputes act, 1947 (hereinafter ..... in considering the question whether a reference should be made or not, the deputy labour commissioner and/or the government have held that the convoy drivers are not workmen and, ..... for regularisation in accordance with the standing orders of the respondent corporation in force and, therefore, a demand in this regard was raised before the management and subsequently before the regional labour commissioner (central) on the basis of a written notice of demand dated june 21, 1996. ..... in the written notice of demand dated june 21, 1996 served on the labour commissioner by the petitioner association a clear and categorical statement had been made that a large number of employees working in the ongc on contingent basis have completed the requisite period of ..... this court had directed the central government to pass appropriate orders under section 12(5) of the act in the light of the report of the failure of the conciliation proceedings as submitted by the assistant labour commissioner (central) dibrugarh on october 27, 1997. .....