Judgment Search Results Home > Cases Phrase: industrial disputes act 1947 chapter iv procedure powers and duties of authorities Page 1 of about 2,255 results (0.152 seconds)

Worldwide Diamond Manufacturers (P) Ltd. and anr. Vs. Presiding Office ...

Court : Andhra Pradesh

Reported in : 2004(6)ALD715; (2005)ILLJ980AP

..... chapter-iv of the industrial disputes act, 1947 deals with the procedure, powers and duties of authorities. ..... . chapter iv of the said act deals with procedure, powers and duties of authorities ..... . bank of baroda, 1984(1) scr 85, held that:'under section 11(3) of the industrial disputes act, labour court/tribunal and other authorities therein have same powers as are vested in a civil court under the code of civil procedure when trying a suit in respect of certain matters which include enforcing the attendance of any person and examining him on oath and compelling the production of documents and material objects ..... . therefore, i am of the opinion that order 18, rule 4 of civil procedure code is applicable to the industrial tribunal/labour courts as the civil procedure code is applicable for the purpose of procedure and powers while adjucating the industrial disputes under section 11(3) of the industrial disputes act ..... . under section 11(3) of the industrial disputes act, admittedly, the labour court/industrial tribunal shall have the same powers as vested in a civil court under the code of civil procedure, in respect of the matters (a) enforcing the attendance of any person and examining him on oath, (b) compelling the production of documents and material objects; (c) issuing commissions for the examination of witnesses and (d) in respect of such other matters as may be prescribed .....

East Asiatic and Allied Companies, Bombay Vs. Shelke (B.L.)

Court : Mumbai

Reported in : (1961)ILLJ162Bom

..... chapter iv of the industrial disputes act, 1947, deals with the procedure, powers and duties of authorities constituted by it. ..... referring to the relevant provisions of the industrial disputes act, 1947, the union contended that where conciliation proceedings have failed it is the duty of the conciliation officer to make a report to the government, so that the government could decide whether they should refer the matter to adjudication or otherwise. 6. ..... on behalf of the respondents, it is contended that there was no obligation on the respondent 1 to enter upon conciliation in regard to each and every industrial dispute unless the dispute was between persons employed in a public utility service and their employer. ..... it is no doubt true that there was an industrial dispute in the sense that certain action taken by the employers was challenged on behalf of the union on two grounds, firstly, that the inquiry which terminated in the dismissal of one of its members was not conducted in accordance with the principles of natural justice, and secondly, that there was in fact victimization of that member in the guise of disciplinary action of misconduct. ..... the case of the union was that the dismissal of rao was a case of victimization and, therefore, the union was entitled to raise an industrial dispute with regard to his dismissal. 2. ..... this provision draws a clear distinction between a dispute which relates to a public utility service and any other kind of industrial dispute. .....

Shri Kanchi Kamakoti Peetam, Charitable Trust Hospital Rep. by Its Man ...

Court : Chennai

Reported in : (2004)ILLJ592Mad; (2003)3MLJ740

..... moreover, the suspension of operation amounts to lockout and the management did not obtain permission from the concerned authorities and they had violated the provisions of section 25-o of the industrial disputes act, 1947 (in short 'i.d.act'). ..... since the entire properties have been taken over by the icici limited, they were impleaded as party respondent before the tribunal and the writ petitioner, who purchased the hospital, knowing fully well that the workers numbering 460 have not been settled and the dispute is pending before the industrial tribunal, hence the petitioner herein will have to satisfy if any award is passed in favour of the workmen as 'successor in interest' as per section 18(3) of industrial disputes act, 1947. ..... 5 of 2002 before the industrial tribunal at chennai under section 2(k) of the industrial disputes act, 1947. ..... act deals with procedure, powers and duties of the authorities. ..... tamilnad hospital limited, 439, cheran nagar, perumbakkam, chennai in declaring suspension of operations from 19.06.2000, is in violation of the provisions of the industrial disputes act is justified? ..... the said petition was filed under section 11 of the industrial disputes act. ..... if the labour court considers that the presence of such party is necessary for the enforcement of the award, it has ample power to add or admit a party to the industrial dispute. ..... chapter iv of the i.d. .....

Hindustan Machine Tools Limited Vs. T. Bal Reddy and anr.

Court : Andhra Pradesh

Reported in : 2002(2)ALT522; [2003(96)FLR16]

..... chapter iv of the said act deals with procedure, powers and duties of authorities. ..... the industrial disputes act, 1947 is welfare legislation enacted protecting the rights of the workmen. ..... the labour court has inherent powers under section 11(1) of the industrial disputes act, 1947 (for short 'the act') read with rule 17 of the rules to reopen matter for proper adjudication at any stage of the proceedings when justice and equity demands. ..... thus the application of the cpc in matters relating to industrial disputes referred to by the appropriate government for adjudication by the labour court is limited only to the extent indicated hereinabove ie. ..... industrial disputes rules, 1958 (hereinafter referred to as 'the rules') to take evidence at any stage of the case.6. ..... the labour court is constituted under the act only for the limited purpose of adjudication of disputes referred to it by the appropriate government and it cannot be termed as a 'civil court' for all purposes and procedure except for the purposes indicated hereinabove. ..... per majority, it was held that there is no conflict of decisions and the decision in shambu nath goyal is correct law on the point of right of management to lead evidence/additional evidence before the labour court or industrial tribunal and that the management has to seek leave of the court in the written statement itself to lead additional evidence to support its action in the alterative and without prejudice to its rights and contentions. .....

Resham Vs. M/S Anand Udyog Plot No.36-a

Court : Punjab and Haryana

..... the date of hearing since the management cannot be seen to oppose such prayer since the labour court is required to follow such procedure as it thinks fit as provided by section 11(1) of the industrial disputes act, 1947 and is not hide bound by procedure laid down in the code of civil procedure, 1908 except what is provided under section 11 (3) of the said act for enforcing the attendance of a person and examining him on oath and compelling the production of documents etc.section 11 is the firs.section that falls under chapter iv of the act. ..... it deals with "procedure, power and duties of authorities" and prescribes as follows: "11. ..... procedure and powers of conciliation officers.board, courts and tribunals and national tribunals (1) subject to any rules that may be made in this behalf, an arbitrator, a board, court, labour court, tribunal or national tribunal shall follow such procedure as the arbitrator or other authority concerned may think fit. ..... where would then be evidence to source from those authorities as observed by the labour court. ..... they should be proud of discharging duties in labour courts affecting the lives of so many poor people. .....

Guj. State Road Transport Corporation Vs. D.V. Chauhan

Court : Gujarat

Reported in : [2006(111)FLR1097]; (2006)2GLR889; (2006)IIILLJ196Guj

..... chapter iv, section 11, deals with procedure, powers and duties of authorities, namely conciliation officer, boards, courts and tribunals, section 11a with powers of labour courts, tribunals and national tribunals to give appropriate relief in cases of discharge or dismissal ..... present is a matter where the departmental authorities imposed punishment of lowering down the appellant to 16 stages below the existing pay scale, but the industrial tribunal interfering in the matter in exercise of its powers under section 11a of the industrial disputes act, 1947 (hereinafter referred to as the act) had reduced the punishment from 16 stages to 5 ..... has been passed in exercise of power under section 11a of the industrial disputes act, 1947 (the act). ..... held that the powers of the labour court or the industrial court under the act are not wider than those of industrial tribunal under the industrial disputes act, 1947 before the industrial disputes act, 1947 before the introduction of section 11a in the latter act. ..... such type of jurisdiction could not have been exercised under section 11a of the industrial disputes act, 1947 (`the act' for short) which on its express language would not apply to such a ..... industrial disputes act, 1947, is in operation from april 1, 1947 ..... as section 11a is concerned, i find that section 11a of the industrial disputes act only deals with the cases of discharge or dismissal and on the plain reading of section 11a of the industrial disputes act the argument raised by mr. .....

M/S. Haryana Suraj Malting Ltd. Vs. Phool Chand

Court : Supreme Court of India

..... chapter iv provides for the procedure, powers and duties of authorities ..... the scheme of the provisions under the industrial disputes act and enunciated that section 11 of the industrial disputes act conferred ample powers upon the tribunal to devise its own procedure in the interest of justice which includes powers which bring out the adjudication of an existing industrial dispute. ..... the industrial disputes act, 1947 (hereinafter referred to as the act ) was enacted to make provision for the investigation and settlement of industrial disputes, and for certain other ..... needs to be restated that the industrial disputes act, 1947 is a welfare legislation intended to maintain industrial peace ..... when sub-section (1) of section 11 expressly and in clear terms confers power upon the tribunal to regulate its own procedure, it must necessarily be endowed with all powers 10 which bring about an adjudication of an existing industrial dispute, after affording all the parties an opportunity of ..... under the statutory scheme, the labour court/tribunal is empowered to follow its own procedure as it thinks fit, meaning thereby, a procedure which is fit and proper for the settlement of the industrial dispute and for maintaining industrial peace. ..... rule 10b(9), as introduced in 1984 of the industrial disputes (central) rules, 1957 (hereinafter referred to as the central rules ), reads as follows: ..... radhakrishna mani tripathi (supra) the argument was that rule 26 (2) of the industrial disputes (bombay) rules is ultra vires .....

Krishnan (K.P.) and ors. Vs. State of Bombay and anr.

Court : Mumbai

Reported in : (1955)IILLJ208Bom

..... to the provisions of section 10 of the industrial disputes act, 1947; and his argument was that since the power to make a reference under section 10(1) was discretionary there is no reason why in the case of a reference under section 12(5) merely because conciliation proceedings intervened, that power should be fettered with any further restrictions. ..... which is headed 'procedure, powers and duties of authorities' inter alia deals with ..... on 29 april 1953 relating to bonus for the year 1952-53 and the classification of certain employees; but these proceedings were in fructuous and the conciliation officer on 5 july 1954 made his report to the government under section 12(4) of the industrial disputes act, 1947. ..... matter of common knowledge that the object of the industrial disputes act, 1947, is the maintenance of industrial peace. ..... of the under secretary of the government of bombay, development department, dated 11 december 1954, the general secretary of the union was informed that the government did not propose to refer the said dispute to a tribunal under section 12(5) of the industrial disputes act, 1947. ..... chapter iii confers certain powers on the appropriate government to make a reference suo motu or at the instance of parties and without the intervention of ..... appears in this chapter has the marginal note ' duties of conciliation officers ..... chapter iii of the act relates to reference of disputes between employer and employees to boards, courts or ..... a totally different chapter, chap. .....

Lal Chand and ors. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (1998)IIILLJ419P& H; (1996)113PLR280

..... chapter iv contains the procedure, powers and duties of various authorities constituted under the 1947 act. ..... industrial disputes act, 1947 is a legislation enacted to make provision for investigation and settlement of industrial disputes and for certain other purposes. ..... the purpose of examination of such person or call for and inspect any document which he has ground for considering to be relevant to the industrial dispute or to be necessary for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under this act, and for the aforesaid purposes the conciliation officer shall have the same powers as are vested in a civil court under the code of civil procedure, 1908 (5 of 1908) in respect of enforcing the attendance of any ..... section 2(defines the conciliation officer as the one appointed under the industrial disputes act, 1947 (for short 'the act'). ..... the petitioners filed demand notices dated january17, 1995 before the labour-cum-conciliation officer, raising industrial dispute against the termination of their services on the ground of violation of section 25-e of the industrial disputes act, 1947 (for short 'the 1947 act') as well as the principles of natural justice. ..... as a logical corollary it must be held that the conciliation officer does not have any power to enter into the merits of the dispute and to take a decision whether any industrial dispute exists ornot. .....

The Management of Safire theatre, Madras vs. the Additional Commission ...

Court : Chennai

Reported in : AIR1978Mad14; (1977)IILLJ312Mad

..... under chapter iv, the procedure, powers and duties of the authorities are enumerated. ..... the industrial disputes act, 1947, central act xiv of 1947, has been enacted by the parliament for providing for investigation and settlement of industrial disputes and for certain other purposes. ..... , pointed out that chapter vii of the madras act, in which section 41 is found deals with an individual dispute between an employer and an employee whose services have been terminated, in which dispute the other employees have no interest and with which they need not or do not concern themselves, and that the central act xiv of 1947, deals with an industrial dispute, a collective dispute, a dispute between the employer on the one hand and the body of workmen or a section of that body on the other. ..... section 2-a of the industrial disputes act does not fully bar the remedy under section 41 of the madras shops and establishments act, 1947. ..... , the dispute shall be deemed to be an industrial dispute and the only remedy available was under the central act and not under the provisions of section 41 of the madras shops and establishments act, 1947 (hereinafter referred to as the madras act). .....