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Ram Sumer Vs. Presiding Officer, Industrial-cum-labour Court-i and ors ...

Court : Punjab and Haryana

Reported in : (1998)IIILLJ1151P& H

..... treating it to be a case of illegal termination of service, the petitioner raised an industrial dispute which came to be referred to the industrial tribunal-cum-labour court vide order dated december 12, 1990 passed by the government of haryana under section 10(1)(c) of the industrial disputes act, 1947 (hereinafter referred to as '1947 act'). ..... . for back wages between date of termination of service and the date of this order, the workman shall be entitled to avail remedy under section 33-c(2) of the industrial disputes act, 1947 ..... . industrial disputes act, 1947 ..... . chapter v-b which contains special provisions relating to lay-off, retrenchment and closure in certain establishments have been added by the industrial disputes act no ..... and good relations between the employer and workmen;(ii) an investigation and settlement of industrial disputes, between employers and employers, employers and workmen or workmen and workmen, with a right of representation by registered trade union or a federation of trade unions or an association of employers or a federation of associations of employers;(iii) prevention of illegal strikes and lock-outs;(iv) relief to workmen in the matter of lay-off and retrenchment; and(v) collective bargaining.'7. chapter-i of '1947 act' contains definition of various terms including award, industry, industrial dispute, retrenchment ..... . chapter vii contains miscellaneous provisions.8 .....

Management of Tingal Ibam Tea Estate Vs. Presiding Officer, Labour Cou ...

Court : Guwahati

..... the industrial disputes act, 1947, as it was originally enacted, did not provide any such remedy to ..... industrial disputes (amendment) act, 1953 the parliament provided additional rights to the workmen by inserting chapter v-a of the industrial disputes act. ..... state of up, reported in (1965) ii llj 429(423 to 433) while dealing with the case under section 6(8) of the up industrial disputes act which is/ was analogous to section 33c observed that the first part of the section deals with recovery of 'money due' to a workman under an award and the second part deals with 'benefit' computable in terms ..... 2 alongwith 164 workmen presented application under section 33c(2) of the industrial disputes act claiming the following amount and or monetary benefit as capable or computed in terms of money ..... monetary benefit to the workmen on an application under section 33c(2) of the industrial disputes act. ..... (2) is placed in chapter vii of the act in the head 'miscellaneous' vide act 36 of 1964. ..... the situation was sought to be taken care of first by enacting section 20 in the industrial disputes (appellate tribunal) act, 1950 (since repealed) for recovery of money, due from employer under an award ..... under section 33c(1) where any money is due to a workman from an employer under a settlement or an award or under the provisions of chapter v-a, the workman himself, or any other person authorized by him in writing in that behalf, may make an application to the appropriate government to recover the money due .....

T. Narayan and Others Vs. The Management of NWKRTC and Others

Court : Karnataka

..... against the order passed by the learned labour court, hubli, dated 10.9.2008, dismissing the application filed by the workman vide kid no.30 of 2002 under section 10(4-a) of the industrial disputes act, 1947 (for brevity, 'the act'), holding that the dismissal of the petitioner-workman from the service w.e.f 27.12.2001 for unauthorised absence, between the period from 19.8.1997 till 1.4.1998. ..... section 33 of the act in chapter vii (miscellaneous) lays down that during the pendency of any proceedings before the labour court or tribunal, the employer cannot alter the conditions of the service of respondents-workmen ..... the plural 'workmen' used in clauses (a) and (d) of sub-section (1) of section 33 of the act makes it apparent that the industrial dispute referred to in the sub-section has reference to some 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 the employment or with ..... (3) notwithstanding anything contained in sub-section (2), no employer shall, during the pendency of any such proceeding in respect of an industrial dispute, take any action against any protected workman concerned in such dispute- (a) by altering, to the prejudice of such protected workman, the conditions of service applicable to him immediately before the commencement of such proceedings; or (b) by discharging or punishing, whether by dismissal or otherwise, such .....

The Premier Automobiles Limited Vs. Kamlakar Shantaram Wadke

Court : Mumbai

Reported in : (1974)76BOMLR47; [1974(29)FLR365]; (1974)IILLJ66Bom; 1974MhLJ646

..... of the position of law in regard to jurisdiction of civil courts that now prevails and so clearly been expounded by the supreme court, it would be necessary for us to examine the provisions of the industrial disputes act, 1947 and decide whether the jurisdiction of the civil court in all or some matters and more particularly in respect of the type of relief which is the subject-matter of the present suit, has been ousted. ..... chapter iii refers to the boards, courts and tribunals to which the government may in its discretion refer an industrial dispute ..... chapter vii contains miscellaneous provisions which include remedies like recovery of money due from an employer by ..... chapter ii provides the various authorities under the act and in chapter iia the act provides for a notice ..... to deal with a retrenched worker and whether to reinstate him under certain circumstances form the subject-matter of specific legislation contained in chapter va of the act. ..... chapter iv provides for the procedure, powers and duties of the various authorities under the act ..... of the act certainly shows that no express bar to the jurisdiction of the civil court has been enacted in chapter ii. ..... in service under certain circumstances form the subject-matter of chapter va and remedies are also provided by that chapter. ..... under chapter vi various penalties have ..... that the claims dealt with are primarily claims for money due to a workman from an employer under a settlement or an award or under the provisions of chapter va. .....

Rashtriya Mill Mazdoor Sangh Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 1988(1)BomCR188; 1987MhLJ955

..... the proviso to section 7, enforce his claim against the proprietors of the undertaking but not against the state government or the corporation :provided that, notwithstanding anything contained in the industrial disputes act, 1947, the payment of wages act, 1936, and the payment of gratuity act, 1972, ---(a) the state government or the corporation shall not be liable---(i) to any person who has become an employee of the corporation under sub-section (1) for payment ..... under sub-clause (i) of clause (a) of sub-section (3) shall be entitled to---(i) payment of gratuity and of compensation for retrenchment or closure in accordance with the provisions of the payment of gratuity act, 1972 and the industrial disputes act, 1947 if he is a workman within the meaning of the latter act, and (ii) payment of gratuity if he is not such a workman :provided that, no person whose services are terminated on his superannuation on or before the designated date, shall be entitled to ..... chapter vii deals with miscellaneous ..... (b) notwithstanding anything contained in chapter vi and notwithstanding that the liability for payment of gratuity and compensation for retrenchment or closure under clause (a) is that of the proprietors such liability shall be discharged by the state government ..... ---in this chapter---(a) the expression ''corporation'' includes ''new government company'' and(b) the expression ''designated date'' means such date as the state government ..... ''chapter vi deals ..... ''chapter v deals with the ..... chapter .....

Vijaya Bank Vs. Shyamal Kumar Lodh

Court : Supreme Court of India

..... act repealed the industrial disputes (appellate tribunal) act, 1950 as also section 25-i in chapter 5a of the industrial disputes act, 1947 and inserted section 33c in the later act. ..... further, by the industrial disputes (amendment) act, 1953 the legislature inserted chapter 5a to the industrial disputes act, 1947, and for the recovery of money due to an employee from his employer section 25-i was ..... payable to a workman under sub-section (1), the workman or the employer concerned may refer the dispute to the labour court, constituted under the industrial disputes act, 1947 (14 of 1947), within the local limits of whose jurisdiction the industrial establishment wherein such workman is employed is situate and the labour court to which the dispute is so referred shall, after giving the parties an opportunity of being heard, decide the dispute and such decision shall be final and binding on the parties. ..... view to obviate this lacuna section 33c of the industrial disputes act, 1947 was recast by section 23 of the industrial disputes (amendment) act, 1964(act 36 of 1964). ..... appeared before the labour court and questioned its jurisdiction to adjudicate the dispute on the ground that the said court having not been specified by the central government under section 33c(2) of the industrial disputes act, 1947 it had no jurisdiction to entertain the application. 4. ..... note of the aforesaid lacunae the legislature passed the industrial disputes (amendment and miscellaneous provisions) act, 1956. .....

Surajmal Mehta Vs. Authority Under Payment of Wages Act and anr.

Court : Madhya Pradesh

Reported in : AIR1964MP312; [1965(11)FLR215]; (1965)ILLJ274MP; 1964MPLJ470

..... salivateswaran, air 1958 sc 507, where section 17 of the working journalists (conditions of service and miscellaneous provisions) act, 1955, analogous to section 33-c of the industrial disputes act, 1947, was construed as providing a procedure for the recovery of the amount due from an employer and not a provision for the determination of the question as to ..... 1963 sc 487 to support his contention that the word 'benefit' used in section 33-c (2) of the industrial disputes act was not confined merely to non-monetary benefit which could be converted in terms of money but was concerned with all kinds of benefits, whether monetary or non-monetary, claimed by a workman under a settlement or award or under the provisions of chapter va of the industrial disputes act, 1947.the further argument of the learned counsel was that under the definition of 'wages' given in section 2 ..... section 25-ff is clearly a claim for monetary benefit under the provisions of chapter va of the industrial disputes act, 1947. ..... (vi) of payment of wages act, only that sum, which by reason of the termination of the employment of the person employed was payable to the employee under any law, contract or instrument .....

The Management of Southern Roadways (P.) Limited Vs. D. Venkateswarlu ...

Court : Chennai

Reported in : (1971)1MLJ97

..... counsel for the petitioners contended that the jurisdiction of the labour court under section 33-c(2) of the industrial disputes act, 1947 is barred or excluded on the following two grounds, namely, (1) that the provisions contained in the payment of wages act have been incorporated in the act by reference, by virtue of section 25 of the act and therefore with regard to the rights created under the act, the act itself has indicated the forum and the party who has derived benefits under the ..... (1) the state government may, by notification in the official gazette, appoint a presiding officer of any labour court or industrial tribunal, constituted under the industrial disputes act, 1947 (xiv of 1947) or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the state or any commissioner for workmen's compensation or other officer with experience as a judge of a civil court or as a stipendiary magistrate to be the authority to hear and decide for any specified area all claims arising out of ..... chapter viii consisting of sections 29 to 36 deals with penalties and procedure and chapter ix deals with miscellaneous matters and contains sections 37 to 40. ..... chapter vi deals with employment of young persons and chapter vii deals with wages and leave. .....

Burhanpur Tapti Mills Ltd. Vs. Labour Officer, Govt. of Madhya Pradesh ...

Court : Madhya Pradesh

Reported in : AIR1960MP370; [1960(1)FLR553]; (1961)ILLJ269MP

..... salivateswaran, air 1958 sc 507 in which section 17 of the working journalists (conditions of service and miscellaneous provisions) act, 1955, analogous to section 33c of the industrial disputes act, 1947 was construed as providing for a procedure to recover the amount due from an employer and not a provision for the determination of the question as to what amount is due.the supreme court also observed in ..... of any other provision of the industrial disputes act, 1947, the government has not been conferred with the power to adjudicate upon the amount of compensation payable under chapter v-a, then consistently with section 33c the rule cannot be read as empowering the government to adjudicate upon the amount of compensation payable under chapter v-a. ..... lay-off compensation payable to a worker under chapter v-a of the industrial disputes act does not come within the definition of 'wages' under the payment of wages act, 1936, and, therefore, its recovery cannot be made under that act: see annsuvabai v. j. h. ..... , learned counsel appearing for the applicant, contended that under section 33c the government had no jurisdiction to issue certificates when there was no adjudication by the competent authority as to the amount of lay-off compensation under chapter v-a of the act; that without such an adjudication there could be no question of recovery of any amount under section 33c; and that rule 62 framed by the government in so far as it permitted the government to determine the money due .....

The Hindu and anr. Vs. their Workers (Madras Union of Journalists)

Court : Chennai

Reported in : (1957)IILLJ275Mad

..... our task is to get at the intention as expressed in the statute.their lordships then proceeded to discuss the meaning of the expression retrenchment as defined in section 2(oo) of the industrial disputes act, 1947, and wound it up with these words:what is being defined is retrenchment, and that is the context of the definition. ..... (1) the provisions of the industrial disputes act, 1947, as in force for the time being, shall, subject to the modification specified in sub-section (2), apply to, or in relation to, working journalists as they apply to, or in relation to, workmen within the meaning of that act.these petitions are concerned with the hours of work which may be required of 'working journalists' and in relation to this section 6 of the act is the relevant provision. ..... 2952, dated 16 june 1956, for adjudication by the industrial tribunal, madras, under section 10(1)(c) of the industrial disputes act, 1947, read with section 3(1) of the working journalists act, 1955. ..... while things were in this state, the working journalists (conditions of service and miscellaneous provisions) act (act 45 of 1955) was passed which received the assent of the president on 20 december 1955 when it came into force. ..... ' chapter ii of the act laid down special provisions in relation to 'working journalists. ..... ' section 3(1) with which this chapter opens enacted:3. .....