Court : Gujarat
Reported in : [2003]259ITR149(Guj)
..... state of bombay air 1954 sc 73 ; [1953] 5 fjr 677 (sc) the controversy arose in the following context : section 24(b) of the industrial disputes act, 1947, prohibits a workman, who is employed in any industrial establishment, from going on strike during the pendency of an appeal before the appellate tribunal. ..... section 25 renders a strike and a lock-out illegal if it is declared, commenced or continued in contravention of the provisions of section 24. ..... section 27 provides for penalty for contravention of section 25 which may even lead to imprisonment for six months. ..... the petitioner was unable to discharge the said tax liabilities which also resulted in liability for interest and for penalty for non-payment of dues. ..... being canvassed on behalf of the assessee that the legislative intent was primarily to collect revenue and, therefore, the recovery of tax arrears, delayed for whatsoeverreason, was to be expedited--in the process, an assessee filing belated litigation after the date of commencement of the scheme for challenging the determination of tax made any time on or before march 31, 1998, and soon giving a commitment to make immediate payment of tax/interest/penalty at the concessional rate specified in the scheme was not to be ..... after filing of the revision applications, the petitioner also applied for settlement of the tax dues under the aforesaid kvss in respect of his liability for tax, interest and penalty under the income-tax act and also under the wealth-tax act. .....
Tag this Judgment!Court : Chennai
Reported in : (1958)1MLJ164
..... under section 23(b) strikes and lock-outs were prohibited during the pendency of proceedings before tribunals and for two months after the conclusion of such proceeding and provided penalties by section 26 for illegal strikes and lock-outs. ..... : (1955)illj346sc , on the construction of sections 22 and 23 of the labour appellate tribunal act or corresponding sections 33 and 33-a of the industrial disputes act, 1947. ..... the management thereafter filed on 9th may, 1957, two petitions before the industrial tribunal, madras, purusant to section 33(2) of the industrial disputes act, 1947, as amended, seeking ' the approval' of the tribunal to the action taken by them, namely, to punish their employees in the manner mentioned above. ..... the principal, if not the only point raised in these two writ petitions which seek the issue of writs of certiorari to quash two orders of the industrial tribunal, madras, is as to the proper construction of section 33 of the industrial disputes act (xiv of 1947) as enacted by the amending central act xxxvi of 1956.2. ..... the act also introduced amendments to the industrial disputes act of 1947. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1978Mad14; (1977)IILLJ312Mad
..... under section 23 of the industrial disputes act, no workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock out. ..... chapter v deals with strikes and lockouts, chapter v-a with lay-off and retrenchment and chapter vi with penalties for illegal strikes and lock-outs. ..... 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. ..... , 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. ..... , 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). ..... 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. .....
Tag this Judgment!Court : Chennai
Reported in : (1977)2MLJ191
..... under section 23 of the industrial disputes act, no workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock out. ..... chapter v deals with strikes and lockouts, chapter v-a with lay-off and retrenchment and chapter vi with penalties for illegal strikes and lock-outs. ..... 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. ..... , 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. ..... , 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). ..... 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. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)IIILLJ1151P& H
..... promotion of measures for securing and preserving amity 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. ..... 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 ..... the full bench held that the provisions of the shops act are not repugnant to the provisions contained in section 2-a of the industrial disputes act and the same are not ineffective by virtue of article 254 of the ..... 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'). ..... chapter vi prescribes penalties for illegal strikes, lock-outs, breach of settlement ..... for contravention of section 22(1), the employer can also be made liable to pay penalty in the form of fine under section .....
Tag this Judgment!Court : Karnataka
Reported in : [1971(22)FLR53]; (1970)IILLJ617Kant; (1970)2MysLJ364
..... 24 of the industrial disputes act, 1947, a strike is illegal if. ..... 10(1)(b) of the industrial disputes act, 1947 to the tribunal for adjudication the dispute between the management and its workmen. ..... section 22 which deals with strikes and lock outs in a public utility service is not relevant for the present case because the mysore lamp works is not a public utility service. 41. ..... janakiram, naidu addressed a letter dated 20-7-67 to the enquiry officer stating that the executive committee of the employees' association considered the order of the enquiry officer on the preliminary objection and resolved that an industrial dispute in regard to the said order should be raised before the conciliation officer and that no useful purpose would be served in participating in the further proceedings of the said enquiry. ..... the petitioners have prayed for quashing the award of the additional industrial tribunal, hereinafter referred to as the tribunal) in an industrial dispute between the said workmen and the management of the mysore lamp works ltd. ..... nor can the penalty of dismissal of janakiram naidu from service be said to be out of proportion to the gravity of the misconduct. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2006(109)FLR1180]; (2006)IILLJ1027MP; 2006(1)MPHT551; 2006(2)MPLJ289
..... with effect from 31-12-1960, all the remaining provisions of the act providing for settlement of industrial disputes through conciliation, industrial courts, labour courts and arbitration, relating to recognition of representative unions and recognition of employers, agreements between the employer and the employees and changes in such agreements, appeals, references and review, illegal strikes and lock-outs, protection of employees, penalties for contravention of the provisions of the act etc. ..... authority under the corresponding provisions of this act;(e) any union registered for any local area as the recognized union or the representative union for any industry under the acts so repealed shall be deemed to be recognised as the representative union for the industry and the local area concerned under section 13 of this act.it will appear from the provisions of section 112 of the act quoted above that the central provinces & berar industrial disputes settlement act, 1947 and the madhya bharat industrial relations (adaptation) act samvat, 2006 (31 of 1949) were in force .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)ALLMR372; 2006(4)BomCR21; [2006(111)FLR253]; 2006(5)MhLj277
..... clear that the said act was enacted '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 unrecognized unions; to provide for declaring certain strikes and lockouts as illegal strikes and lock-outs; to define and provide for the prevention of certain unfair labour practices; to constitute courts (as independent machinery) for carrying out the purposes of according recognition to trade unions and for enforcing the provisions relating to unfair practices; and to provide for matters connected with ..... section (1) states that the 'bombay act' means bir act and sub-section (2) says that 'central act' means the industrial disputes act, 1947 ..... where there is a recognized union for any undertaking no employee shall be allowed to appear or act or be allowed to be represented in any proceedings under the industrial disputes act, not being the proceeding in which the legality or propriety of an order of dismissal, discharge or the like is under consideration, except through the recognized union and the decision arrived at or order made in such proceedings shall be binding on all the employees in such undertaking and the provisions of the industrial disputes act shall stand amended in this behalf, ..... importantly, section 130, which provides for penalty for declaring or commencing illegal strike or illegal stoppage of work by ..... teeth into the provisions by enacting penalties. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad191; (1951)ILLJ148Mad; (1951)IMLJ527
..... the governor of madras, it is necessary to refer the said industrial dispute for adjudication ; now, therefore, in exercise of the powers conferred by section 7(1) & (2) read with section 10(1)(c), industrial disputes act, 1947 (central act xiv [14] of 1947) his excellency the governor of madras hereby constitutes an industrial tribunal consisting of one person, namely, sri dewan bahadur k.s. ..... of enquiry & to boards of conciliation & special provisions were made for illegal strikes & lock outs. ..... a tribunal with the following order of reference :'whereas an industrial dispute has arisen between the workers & managements of the cinema talkies in the madras city in respect of certain matters : and whereas in the opinion of h. e. ..... the penalty for failure to implement the award is contained in section 29 to the effect that if any person commits a breach of any term of any settlement or award, which is binding on him under the act, he shall, on his first conviction therefor, be punishable with fine which may extend to two hundred rupees & in the event of a second or subsequent conviction with fine which may extend to five hundred rupees ..... trade union contends that act xii [12] of 1949 is both an amending as well as a validating act & that sections 5 and 6 constitute a separate act so far as the state of madras alone is concerned & therefore the act should be read as a composite ..... was argued that the words 'and it is expedient that the said dispute should be refd. ..... kutti and rao (engineer) .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1971)IILLJ52P& H
..... to the conciliation officer having jurisdiction in the matter.form 'l' framed under the above-said rule finds place in the schedule and the relevant part thereof is in the following terms:--dear sir/sirs,in accordance with the provisions contained in sub-section (1) of section 22 of the industrial disputes act, 1947, i/we hereby give you notice that i propose to call a strike/we propose to go on strike on.19, for the reasons explained in the annexure.yours faithfully,secretary to the unionfive representatives of the workmen duly elected at a meeting held ..... on .vide resolution attached.reading the relevant statutory provisions under section 22(f)(4) in conformity with rule 71 and the contents of form 'l' it appears to be self evident that the statutory requirements of the ..... in my opinion, the provision of rule 52 cited above is mandatory and contravention thereof renders the alleged notice exhibit m-7, ineffective as a statutory notice, as contemplated by section 22(1) of the industrial disputes act, 1947.10. ..... illegal strikes and lock-outs. ..... penalty for illegal strikes and lockouts. .....
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