Judgment Search Results Home > Cases Phrase: civil services prevention of strikes act 1966 section 2 definitions Page 8 of about 1,216 results (0.206 seconds)

Kanak Industries Vs. General Labour Union (Red Flag), a Trade Union, R ...

Court : Mumbai

Reported in : 2007(2)ALLMR477; 2007(5)BomCR286

..... is in respect of any of the matters covered by notice of strike; provided that, nothing in clauses (g) and (h) shall apply to any strike, where the union has offered in writing to submit the industrial dispute to arbitration under sub-section (6) of section 58 of the bombay act or section 10-a of the central act, and (i) the employer does not accept the offer; or (ii) the ..... prevention of unfair labour practices act, 1971 as its long title indicates is an act 'to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings; to state their rights and obligations; to confer certain powers on unrecognised unions; to provide for declaring certain strikes and lock-outs as illegal strikes and lock-outs; to define and provide for the prevention ..... denied that would warrant the filing of a fresh complaint or a reference to adjudication to that limited extent; (vii) civil law principles must govern the interpretation of section 59 which in substance are the guiding principles of interpretation that have been adopted by the judgments of the division benches and ..... is submitted that the reference had been made by the government under section 10 of the industrial disputes act, 1947 for adjudication, following the termination of the services of 130 workmen and that under section 24, a lockout during the pendency of the adjudication proceedings was illegal ..... , the mrtu & pulp act, 1971, both in its definition of 'illegal strike' and 'illegal lockout' .....

Bharat Petroleum Corporation Limited Vs. Petroleum Employees Union and ...

Court : Mumbai

Reported in : 2001(2)BomCR447; (2001)1BOMLR112; [2001(91)FLR108]; (2000)IIILLJ25Bom; 2001(1)MhLj708

..... in other words an obligation under which the plaintiffs can restrain the defendants and/or their members from going on strike and (2) considering the provisions of the industrial disputes act, 1947 and the scheme of the act, and section 9 of the code of civil procedure, whether the civil court would have jurisdiction to grant injunction?the right to strike as now understood is an essential element in the principle of collective bargaining. ..... as pointed out earlier in case of an injunction preventing the workman going on strike, that really is in the nature of a mandatory direction to the workman to continue to serve the employer. ..... by the said notice the defendants have given notice under section 22(1) of the industrial disputes act, 1947 of their intention to resort to appropriate direct action including strike on the expiry of 14 days from the service of the said notice and during the validity of the notice. ..... act to restrain employee from participating in a strike which is apparently an illegal strike prior to the stage of making a declaration about the alleged illegal strike under section 25 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. .....

Indian Express Newspapers (Bombay) Pvt. Ltd. Vs. T.M. Nagarajan and or ...

Court : Delhi

Reported in : 1987(15)DRJ212; 1988LabIC1067; 1988RLR194

..... is alleged by the plaintiff, a small number of employees led by an outsider mr.t.m nagarajan have staged a strike and have from day-to-day physically prevented an overwhelming majority of employees from entering the premises and attending to their duties. ..... has dealt with the similar submissions to the effect that section 18 of the trade unions act bars the jurisdiction of civil courts either to entertain the suit in regard to the trade's dispute or pass an interim injunction order ..... also present) has given the following undertaking to the court on december 3,1987: 'that defendants shall not physically prevent the ingress or egress of any willing worker to and from the express building situate at bahadur shah zafar marg defendants shall not go in the service lane, i.e. ..... between the foot-step of the staircase (leading to main entrance) and the corner of the express building towards service lane and may fix tent there. ..... between the foot-step of the staircase (leading to main entrance) and the corner of the express building towards service lane and may fix tent there. ..... between the footstep of the staircase (leading to main entrance) and the corner of the express building towards service lane and may fix tent there. ..... after the service of stay order issued by this court, defendants have physically assaulted the three journalists seriously and they have been ..... further submits that even on the rough plan/sketch the tent is pitched at the corner of the express building towards the service lane. .....

Guajrat Ambuja Cement Pvt. Ltd. Vs. U.B. Gadhe

Court : Gujarat

Reported in : (2006)1GLR269

..... the labour court in-fact recorded that the evidence of the witnesses do support the case of the employer that the concerned workmen had abused the officers of the company, had prevented other workers from resuming duties, had given threats to the family members of the workers and had stopped the vehicles of the company entering into the premises. ..... one may recall that section 22(1) of the industrial disputes act talks of notice of strike to be given by the persons employed in a public utility service before going on such a strike. ..... an illegal strike cannot by definition be authorised absence.8. ..... in this regard one may also notice the industrial disputes (gujarat) rules, 1966( hereinafter referred to as the said rules). ..... 9106/2005, 9107/2005, 9108/2005 and special civil application nos. ..... on the other hand learned advocate shri hriday buch appearing for the workmen in special civil application nos. ..... appearing for the employer in group of petitions namely, special civil application nos. ..... special civil application nos. ..... special civil application nos. ..... kanabar appearing for the petitioners in special civil application no. ..... gadhe who is respondent in special civil application no. ..... the employer challenged the award of the labour court by filing special civil application no. .....

Deepak Nitrite Ltd. Vs. N.H. Rana

Court : Gujarat

Reported in : [2002(93)FLR431]

..... strike is but natural, misconduct held proved was pardonable, are perverse as the same are contrary to its own findings (see para 9 of the submission) of the service rules in view of the submissions made by the learned counsel for the petitioner which i have set out in this behalf wherein i have extracted the finding of the labour court.2.28 the learned counsel for the petitioner submitted that power under section 11a of the industrial disputes act ..... did not accede to the demand of ad hoc increase and instant interim relief.2.4 it has been stated in the petition that thereafter on 15.12.1980 the respondent led some 50 to 60 workers to prevent staff bus going out to leave the staff including lady employees to their respective home and the vehicles of the contractor. ..... with the punishment by the labour court was unwarranted and in excess of jurisdiction and abuse of power since the punishment of dismissal of shri rana was not in any way disproportionate in view of the definite findings of the labour court regarding serious misconduct. ..... prem's dismissal was upheld by labour court and his special civil application and special leave petition were dismissed.2.8 it was further submitted that at the relevant time, ..... proof in the criminal court and that of in the civil court are different. ..... filed by the management in which i have set aside the order of the tribunal granting reinstatement to the respondent workman, it will not be possible for me to entertain special civil application no. .....

Chelpark Company Ltd. Vs. the Commissioner of Police, Madras and ors.

Court : Chennai

Reported in : AIR1969Mad33; 1969CriLJ206; (1967)IILLJ836Mad

..... it is submitted by the petitioner that the striking workmen are guilty of offences or criminal trespass (section 441, indian penal code), criminal intimidation (section 5o3, indian penal code) and preventing service of summons (section 173, indian penal code). ..... execute all orders and warrants lawfully issued to him and it shall be lawful for every police officer, for any of the purposes mentioned in this section, without a warrant to enter and inspect any drinking shop, gaming-house or other place of resort of loose or disorderly characters.under section 41 of the act, the commissioner or, subject to his orders, any police officer above the rank of head constable, may prohibit any assembly for the preservation of the ..... ' to bring it within the mischief of this definition, it is necessary to prove that the striking workmen having remained unlawfully in the factory premises, had the intention to commit an offence or to intimidate, insult or annoy the petitioner. ..... 3890 of 1967, before the first assistant city civil judge, madras, for an injunction (a) restraining the striking workmen from obstructing the petitioner's lawful discharge of duties and preventing its loyal workers from carrying on their duties; (b) restraining the said persons from interfering with the petitioner's business; and (c) for a direction to the said twenty-seven persons to leave the petitioner's factory premises .....

Fenner (India) Limited. Vs. the Superintendent of Police and ors.

Court : Chennai

..... dealing with the abovesaid rival contention as to whether section 18 of the trade unions act, would be a bar for granting injunction, when violence was apprehended, this court held that when the workmen of public utility service, go on strike without notice, they have no right to prevent or obstruct other workers, customers to have ingress and egress to the factory and also to prevent the movement of vehicles and raw materials and finished goods, from and ..... judgments, the delhi high court has ordered as follows:-1)civil court has the jurisdiction to entertain suit of this nature.2)immunity given to the unions under section 18 of the trade unions act, 1926, does not extend to conduct those acts which may amount to offence.3)peaceful demonstration is a fundamental right of the unions/employees.it would be legitimate for the workers to go on strike, but at the same time, exercising such rights, ..... and the prayer for interim injunction have not been disclosed in the supporting affidavit to the present writ petition and having failed to obtain an interim order in the civil court, the petitioner has preferred the present writ petition, concealing the abovesaid fact and obtained an interim order in this writ petition. ..... submitted that in the decisions relied on by the learned counsel for the petitioner, only after analysing the evidence recorded in the civil court, injunction has been granted, and therefore, the said decisions would not support the case of the petitioner on the .....

MRF Ltd. Vs. Goa MRF Employees' Union and Anr.

Court : Mumbai

Reported in : (2004)ILLJ394Bom

..... what will be the powers of the tribunal on a reference being made under section 10 or when a complaint is filed under section 33-a for non-compliance of section 7-a of the act is it within the jurisdiction of the tribunal to exercise jurisdiction to prevent breach of settlement, standing orders or the conditions of service by resorting to the power under section 10(4) namely the expression 'matters incidental thereto'? ..... the division bench of this court while considering the provisions of mrtu and pulp act has taken a view that under the act, it is open to the tribunal constituted under it not only to grant preventive relief of the nature contemplated under order 39, but also prevent the employer from terminating the services of a workman in suitable cases. ..... at the hearing of the appeal, on behalf of the appellants, placing reliance on the definition of 'award' as set out in section 2(b), it is contended that the award means an interim or final adjudication of the merits of the matter. ..... the apex court then observed that the definition of the expression 'award' is both interim or final determination either of the whole of the dispute referred to the tribunal or of any question relating thereto. ..... (supra) where what was in issue was whether a civil suit could be filed to restrain the employees from going on strike. .....

Workmen of Cement Industry Vs. Union of India (Uoi)

Court : Karnataka

Reported in : ILR1987KAR2078

..... this power coupled with the power to initiate conciliation proceedings, to prohibit strikes and lockouts, to prevent lay-offs, retrenchment and closure of industries to prevent variation in conditions of service and the other powers conferred on the government for imposing penalties for violation of the provisions of the act are intended to regulate, to support and to restrain power of management and the power of organised labour. ..... the supreme court has ruled as follows in that case :'the conclusion that a minority union can validly raise an industrial dispute gains support from section 2(k) of the act which does not restrict the ambit of the definition of 'industrial dispute' to a dispute between an employer and a recognised majority union but takes within its wide sweep any dispute or difference between employer and workmen including a minority union of workmen which is connected with employment or ..... further, an arbitrator is not a civil court under section 11(8) of the act, for the purpose of sections 345, 346 and 348 of cr. p.c. ..... but the authorities under the act have not only such powers of arbitrators but also additional powers under section 11(3) of the act as vested in a civil court under the civil procedure code when trying a suit in respect of the following matters, viz. ..... additionally, arbitrators are not bound by the provisions of the indian arbitration act, 1940, which controls and regulates adjudication by arbitrators in regard to every dispute of civil nature.13. .....

All India Anna Dravida Munnetra Kazhagam Vs. L.K. Tripathi and ors.

Court : Supreme Court of India

Reported in : 2009AIRSCW2424; AIR2009SC1314; JT2009(5)SC17; (2009)5MLJ782(SC); 2009(4)SCALE547; 2009(3)LC1488(SC); 2009(3)LHSC1489;

..... 1 to 3 took all the steps necessary for preventing any disruption of public services and inconvenience to the general public, it is a different thing that in the wake of hunger strike by leaders of political parties, the business community did not ..... maqsud ali (1965) 2 all er 464 and observed:we think that the high court was quite right in holding that the tape-records of speeches were 'documents', as defined by section 3 of the evidence act, which stood on no different footing than photographs, and that they were admissible in evidence on satisfying the following conditions:(a) the voice of the person alleged to be speaking must be duly identified by ..... para 17 of the judgment which contains discussion on the subject reads as under:section 2(b) of the contempt of courts act defines 'civil contempt' and it means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful ..... the concerned police officers that steps should be taken for facilitating unobstructed movement of public transport and maintenance of essential services like water and electricity supply, milk distribution, telephone and telecommunication service, fire service, hospitals and protection be given to central government offices, courts, bus stands, railway stations, banks, market places ..... if this definition is read with article 129 of the constitution of india, it becomes clear that being a court of record, this court can punish a person for civil contempt if it is found .....