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Judgment Search Results Home > Cases Phrase: bonded labour Page 100 of about 65,579 results (0.036 seconds)

Nov 20 2012 (HC)

M.P.State Electricity Board Vs. Khemchand Chelani

Court : Madhya Pradesh

..... application, it is pointed out that the evidence to the effect was produced to show that the respondent was ever since willing to work for the period of absence, in terms of the interim order passed by the labour court in his firs.case, but no work was assigned to him by the petitioners.nothing in rebuttal was produced by the petitioners to show that any order was issued to the respondent to work, but he ..... on another application moved by the respondent, claim was made for payment of arrears of salary for the period aforesaid which was rejected by the labour court and a mcc was filed before the industrial court which having been allowed by the impugned order, the petitioners are required to challenge the said ..... in fact, the petitioners should have paid the amount of wages to the respondent since the order passed by the labour court, setting aside the compulsory retirement of the respondent was not only upheld by the industrial court, but was also affirmed by this court as has ..... joining is not disputed by the petitioners.some sort of communication was made to the respondent by the authorities of the petitioners on 24.10.1992 intimating the respondent that the interim order passed by the labour court is challenged before the industrial court and there is likelihood of hearing in the said matter. ..... such a statement was made by the learned counsel for the petitioners before the labour court and, therefore, the earlier dispute filed by the respondent against 3 the order of compulsory .....

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Apr 16 2014 (HC)

M/S. Haldyn Glass Limited Now Known as M/S. Haldyn Corporation Ltd. an ...

Court : Mumbai

..... learned counsel appearing for the employer, constitute 'error apparent on face of record' : (a) in respect of 28 workmen referred to in paragraph 4 of the review petitions, the first labour court had already made separate awards, which had not even been challenged either by the union or the concerned workmen. ..... vaidya produced on record along with affidavit, certified copies of eight awards all dated 05.05.1994 passed by the first labour court concerning 28 workmen whose names have been set out in paragraph 4 of the review petitions and now transcribed below for ready ..... further, considering that there is no dispute that the said awards dated 05.05.1994 were indeed made by the first labour court, such awards, though produced at the stage of adjudication in review petitions, can be deemed to be a part ..... ganguli, the learned counsel appearing for the union/workmen, constitute 'error apparent on face of record' : (a) first labour court had awarded compensation ranging between rs.2 lacs and rs.6 lacs to the workmen, depending upon the peculiar features applicable to ..... interim or a final determination of any industrial dispute or of any question relating thereto by any labour court, industrial tribunal or national industrial tribunal and includes an arbitration award made under section 10-a]?. 11. ..... vaidya also pointed out that in each of the impugned awards made by the first labour court, there is reference made to 'concerned workmen' which means workmen not covered by settlement / .....

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Apr 11 2014 (HC)

The Indian Seamless Metal Tubes Limited (Tubes Works) Vs. Kailash Namp ...

Court : Mumbai Aurangabad

..... assistance of both the learned advocates, i have gone through the impugned judgment of the labour court and it appears that besides paragraph 17, the labour court has no where considered the issue of perversity of the findings of the enquiry officer ..... it is, therefore, the grievance of the petitioner that the judgment of the labour court has watered down the enquiry by holding that the findings of the enquiry officer are perverse and simultaneously has partly ..... the petitioner, therefore, is that neither was an issue framed as regards the perversity of the findings, nor did the labour court decide the claim of the respondent on perversity as a preliminary issue. ..... moreover, in the cross-examination of the respondent recorded in the labour court, it is seen that he has admitted that he declined ..... this petition, the petitioner firstly assails the conclusion of the labour court of declaring the findings of the enquiry officer as ..... the petitioner had raised a ground in revision that the labour court did not grant an opportunity to the petitioner to conduct a ..... in the light of the above, the conclusion of the labour court holding the findings of the enquiry officer as perverse ..... the impugned judgments of the industrial court and labour court were stayed subject to the condition that the petitioner would deposit half of the back wages as granted by ..... i, therefore, find that the labour court has failed in considering the oral and documentary evidence recorded in the enquiry before concluding that the .....

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Jul 23 2014 (HC)

M/S Continental Auto Services Vs. the Secretary-labour and anr

Court : Delhi

..... "the said observations clearly fit in the facts of the present case where the employer has been successful in proving before the labour court that the petitioner under him had five b grade inspectors and the petitioner was overseeing and controlling work done, by those ..... all in all, the finding recorded by the labour court that the petitioner was not workman cannot be said to be perverse or grossly erroneous warranting interference by this court ..... the labour court has on consideration of the entire evidence on record reached the conclusion that the petitioner was not workman and this court in exercise of extraordinary jurisdiction shall not, on re-appreciation of the evidence, come to the conclusion otherwise when the finding recorded by the labour court is supportable from the evidence on ..... 1 l.l.j.18, the finding of the labour appellate tribunal was reversed because the legal inference from proved facts ..... judge, 3rd labour court & ..... 2 l.l.j.444 the labour appellate tribunal correctly pointed out that the question whether a particular workman is a supervisor within or without the definition of 'workman' is "ultimately a question of fact, at best one of mixed fact and ..... presiding officer, labour court-x, karkardooma, delhi in f.24( ..... the secretary-labour and anr ..... the labour appellate tribunal pertinently gave the example that "the nature of the work in the banking industry is in many respects obviously different from the nature and type of work in a workshop department of an engineering .....

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Oct 20 2016 (HC)

K. Selvaraj Vs. The Ponds (India) Limited Leather Products Division Re ...

Court : Chennai

..... case shall proceed ex parte, if it is satisfied that the absence of the party was on justifiable grounds- (10) the labour court, tribunal or national tribunal, as the case may be, shall submit its award to the central government within one month from the date of arguments oral hearing or within the period ..... not ordinarily grant an adjournment for a period exceeding a week at a time but in any case not more than three adjournments in all at the instance of the parties to the dispute: provided that the labour court, tribunal or national tribunal, as the case may be, for reasons to be recorded in writing, grant an adjournment exceeding a week at a time but in any case not more than three adjournments ..... or national tribunal, as the case may be, may proceed with the reference ex parts and decide the reference application in the absence of the defaulting party: provided that the labour court, tribunal or national tribunal, as the case may be, may on the application of either party filed before the submission of the award revoke the order that the ..... , for more than 1-1/2 years, and by recording that there are no justifiable reasons, to interfere with the order of the labour court, puducherry, vide order dated 30.10.2006, the writ court, in w.p.no.8959/2008, sustained the order of the labour court made i.a.no.21/1994 in id no.55/1993. 7. assailing the correctness of the order of the writ court, mrs.t.v.sai srujan, .....

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Apr 01 2016 (HC)

M. Soundarapandian Vs. The Management, TANSI Tannery, Vellore District ...

Court : Chennai

..... 2003 has been filed under article 226 of the constitution of india, praying for issuance of a writ of certiorarified mandamus, to call for the records of the award in i.d.no.315/1994, dated 27.01.2003, on the file of labour court, vellore, and quash the same, and direct the respondents 1 to 3 to grant all monetary benefits from 17.03.1971, when the petitioner was wrongfully sent out of job. ..... the facts and circumstances of the case, this court is of the view that the compensation fixed by the labour court is ridiculously low and the workman is entitled to a reasonable compensation, which, this court fixes at rs.5,00,000 ..... indeed, learned counsel for the management elaborately referred to the findings rendered by the labour court and a perusal of the said findings, more particularly, the findings in paragraphs 10 and 11 of the award, clearly shows that the workman stated that embossing plate of the machine was severely damaged ..... age of superannuation during pendency of the dispute could have hardly been a reason for the labour court to restrict the relief and grant a meagre compensation of rs.75,000/-. 9. ..... was allowed on 27.07.1994 with a direction to the government to refer the dispute to the labour court within one week and the labour court to dispose of the matter within three months. ..... management has challenged the award in its entirety, by which, the labour court awarded compensation of rs.75,000/- in full quit, as the workman had attained the age of superannuation on the date when .....

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Mar 15 2016 (HC)

The Tamil Nadu State Transport Corporation (Villupuram) Ltd. Rep. by i ...

Court : Chennai

..... the second respondent, after the commencement of the enquiry, gave a letter dated 14.11.2000 to the general manager, which was marked before the labour court as ex.w.4 requesting to examine the concerned passengers, who signed the statements, and two separate letters sent by the concerned passengers were marked as ex.w.5 and ex.w.6 ..... on the other hand, the learned counsel for the second respondent vehemently contended that apart from the reasons given by the labour court, the award of reinstatement could be sustained by other reasons by invoking order 41, rule 22 and also in view of the judgment of the apex court in anil kumar gupta and others v ..... but he had chosen to sustain the award by giving aforesaid reasons under order 41, rule 22, besides the reasons given by the labour court and in the light of the judgment of the apex court in anil kumar gupta and others v. ..... the learned counsel brought to my notice paragraph 7 of the impugned award, wherein, the labour court held that the workman failed to give ex.w.4, letter to the enquiry officer seeking to send notice to the ..... the learned counsel for the petitioner corporation argued that the labour court was not correct in holding that there was no loss to the ..... learned counsel for the petitioner management vehemently contended that since the labour court came to the conclusion that the petitioner was benefited by rs.74/-, that were collected from the passengers, the labour court committed error in interfering with the punishment. .....

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Feb 05 2015 (HC)

Commissioner of Income Tax ??? I Vs. M/S Aar Ess Exim Pvt. Ltd.

Court : Delhi

..... 'manufacture has been defined as a manner of adapting natural materials by the hands of man or by man-made devices or machinery and as the making of an article or material by physical labour or applied power'; but the practice is to accept as 'manufacture' a wider range of industrial activities than such a definition would suggest. ..... the c.i.t (a) had held that the assessee had purchased gold from mmtc and thereafter paid labour and other charges to the artisans who had manufactured the jewellery on job work basis as per the specifications provided by the overseas ..... 2010 page 12 bring forth, bring into being or existence (a) generally to bring (a thing) into existence from its raw materials or elements or as the result of a process" and " (d) to compose or bring out by mental or physical labour (a work of literature of art); to work up from raw material, fabricate, make, manufacture (material object) ". ..... the gold, silver or platinum in bar, biscuit or brick form, is converted by manual labour and by the use of implements/tools or by machinery, culminating into an entirely new article/thing ..... to be a manufacturer or processor, they need not carry on manufacturing or processing activities by employing own labour or workers was specifically raised, but not accepted. ..... had paid labour charges to ..... meaning are given as follows : (1) the first is "the action or process of making articles or material (in modern use, on a large scale) by the application of physical labour or mechanical power. .....

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Feb 25 1992 (TRI)

Deputy Commissioner of Vs. Shree Lalit Fabrics Pvt. Ltd. and

Court : Income Tax Appellate Tribunal ITAT Chandigarh

..... . ii, gives the following meaning of the word " manufacture " : "(a) the process or operation of making wares or any material products by hand, by machinery or by other agency, often such process or operation carried on systematically with division of labour and with the use of machinery ; (b) anything made from raw materials by hand, by machinery or by art ; 17 ..... . the high court held that the assessee did not manufacture the cloth but merely expended its labour on the cloth manufactured by others by bleaching, dyeing, sentering and printing the cloth ..... . in other words, if, by application of labour and skill, an article is transformed to the extent that it is commercially known differently, it will suffice to say that manufacture has taken place for the purpose of central excise ..... anything made from raw materials by the hand, by machinery or by art.it also states that the production of articles for use from raw or prepared materials by giving such materials new forms, qualities, properties or combinations, whether by hand labour or machine, would be " manufacture " ..... kharwar and sons [1987] 163 itr 394, the dictionary meaning also points out that the meaning to be attributed to the word " manufacture" would be to work up materials into forms for use, making of articles or materials by physical labour or mechanical power and making of goods by hand or by machinery often on a large scale by division of labour .....

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Aug 09 1989 (HC)

Union of India Vs. M/S. Ajit Mehta and Associates, Pune and Others

Court : Mumbai

Reported in : AIR1990Bom45; 1989(3)BomCR535

..... . the argument ignores that the terms of the said clause as pointed out earlier, require reimbursement only if the labour and industrial cost exceeded by more than 10% of the original and the contractor proved it by producing the relevant documents to show that he had actually paid by the increased wages ..... . neither the documents were produced nor was there anything before the arbitrator to show that the labour and industrial cost had exceeded as stipulated, a mere production of the government notification was not sufficient to claim the amount and the grant of the claim was obviously against the contract ..... . his second submission that the fire was entitled to claim increased labour and industrial cost under clause 63 because the government had increased the minimum wages as evidenced by the notifications on record is also not well-merited .....

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