Judgment Search Results Home > Cases Phrase: industrial disputes act 1947 section 26 penalty for illegal strikes and lock outs Page 4 of about 3,016 results (0.288 seconds)

Gujarat Rajya Ardh Sakari Audhiyogick Karmachari Sangh Vs. State of Gu ...

Court : Gujarat

Reported in : [2005(106)FLR480]; (2005)1GLR135

..... the remedy under the provisions of the industrial disputes act, 1947 by raising the industrial dispute for their claim based on the principle of 'equal pay for equal work' and regularisation of service before the conciliation officer concerned within a period of six weeks from today and as and when such dispute is raised by the petitioners before the conciliation officers, the conciliation officer concerned shall initiate conciliation proceedings immediately on the dispute raised by the petitioner union and complete such conciliation proceedings within three months ..... throughout out for more than eight years and receiving the benefits continuously, in my opinion, the petitioners have prima facie case for their claims based on the the principle of 'equal pay for equal work' and balance of convenience is also in their favour and if at this stage, while accepting the request made by the petitioners to relegate them to approach machinery under the industrial disputes act, if protection granted by this court existing and in force today, is not extended till the petitioners raise dispute for adjudication ..... the constitutional concern of social justice as an elastic continuous process is to accord justice to all sections of the society by providing facilities and opportunities to remove handicaps and disabilities with which the poor, the workmen etc. .....

Manorama Mohapatra (Smt.) and ors. Vs. Collector and ors.

Court : Orissa

Reported in : 90(2000)CLT206; (2000)IILLJ1023Ori; 2000(I)OLR662

..... counsel for the writ-petitioners, submitted that constitution of any committee for the purpose of publication of the daily samaj and to decide the disputes between the management and the employees' union with regard to the disciplinary proceedings and different demands made by the union would amount to bypassing the remedies available under the industrial disputes act which ..... that since the disputes between the management and the employees' union can be dealt with by resorting to the procedure available under the industrial disputes act, no other steps can be taken for resolution of such disputes has to be ..... the industrial disputes act are long drawn affairs and no exception can be taken if steps are taken to amicably and expeditiously settle the disputes between ..... has filed an elaborate affidavit stating, inter alia that on receipt of information from the management as well as from intelligence source on april 28, 2000 that the employees' union would resort to indefinite strike and relay hunger strike from may 2, 2000 in front of the office of the samaj at buxi bazar protesting against the management, on the same day the inspector in-charge of cantonment police station was asked to ..... out for discussion with the striking ..... employees' union are illegal, baseless and since the disciplinary proceedings in respect of six employees, referred to above, are about to be completed, settlement of any such dispute by any other forum would encourage indiscipline and would otherwise be unauthorised .....

A.Sivakumar. Vs. Neyveli Lignite Corporation Ltd. and ors.

Court : Chennai

..... . another submission of the learned counsel for the respondents 1 and 2 is that the impugned circular dated 30.11.2005 was issued with avowed and beneficial intention of enabling persons with disabilities from among those covered by the section 12(3) settlement of the industrial disputes act, 1947 to be regularised in sufficient numbers and therefore, there is no illegality, arbitrariness, discrimination, unreasonableness or unconstitutionality in the issuance of the impugned ..... . the learned counsel for the respondents 1 and 2 submits that the 4th respondent/society is in existence ever since the year 1990 and on 18.05.1995, a settlement as per section 12(3) of the industrial disputes act, 1947 was entered into, in and by which the 1st respondent/corporation agreed to absorb, by appointment, 5000 members of the 4th respondent/society as regular employees of the corporation subject to the fulfillment of ..... it is the submission of the learned counsel for the respondents 1 and 2 that just because the petitioner is a member of the 3rd respondent/society or is working in such society, he is not entitled to be appointed as a regular employee of the 1st respondent/ corporation out of turn or without following the stipulated procedure for initial appointment.26 ..... . moreover, the 3rd respondent/society functions out of donations/ grants received by it and from other benefits available as per various ..... . this court pertinently points out that art.14 of the constitution of india is a .....

Sagar Motor Transport Karmchari Union, Sagar Vs. Amar Kamgar Passenger ...

Court : Madhya Pradesh

Reported in : AIR1969MP46; [1969(18)FLR27]; (1969)ILLJ708MP; 1968MPLJ837

..... by this application under articles 226 and 227 of the constitution, the petitioner seeks a writ of certiorari for quashing a determination of the presiding officer of the labour court, jabalpur, holding that the references of two disputes made to the labour court by the state government under section 10(1) of the industrial disputes act 1947, are illegal and without jurisdiction.2. ..... industrial relations act, 1960, shall not apply to a society registered under the act only emphasizes the fact that a dispute falling under section 55 (2) of the act can be decided by the authorities pointed out therein even though the dispute may be capable of adjudication under the m.' p. ..... the omission of any reference in section to the industrial disputes act, 1947, cannot be read as a positive direction that the industrial disputes act, 1947, would apply to a society registered under the act, even though that act, as pointed out earlier, does not regulate adjudication of disputes between a co-operative society and its employees regarding terms of employment, working conditions and disciplinary action. ..... it may, however, be pointed out that both under the bengal co-operative societies act and the punjab co-operative societies act a dispute regarding disciplinary action taken by a co-operative society against its employees is expressly excluded from the purview of the registrar's jurisdiction,7. ..... it is sufficient to point out that section 55 (2) of the m. p. .....

E.M.E. Edwards St. George School Vs. the Presiding Officer, Industrial ...

Court : Chennai

Reported in : (2009)IVLLJ786Mad

..... (iii) under section 2(oo) of the industrial disputes act, 1947 (hereinafter referred to as 'the act'), the termination of the petitioner amounts to retrenchment which should have been preceded by disciplinary action ..... its management 1962 (i) llj 213 has held as follows:the discharge of the concerned workmen on grounds of health could not be considered by way of 'retrenchment' as defined in section 2(oo) of the industrial disputes act (introduced by ordinance 5 of 1953). ..... under section 2(oo) of the industrial disputes act, termination of service of the workman on the ground of continued ill-health does not amount to ..... is contended by the petitioner that since the said termination is not a termination simplicitor on medical ground but the termination with stigma the same would fall within the scope of 'retrenchment' as defined in section 2(oo) of the industrial disputes act. ..... , she raised an industrial dispute before the assistant labour commissioner (central) and the conciliation failed. ..... considered the materials available on record industrial tribunal, by award dated 21.05.1997 dismissed the industrial dispute. ..... the learned counsel for the petitioner has cited number of judgments to substantiate that the order of termination without a charge memorandum is illegal and therefore, the same is liable to be set aside ..... he would point out that the statement contained in the order about the absence of the petitioner is only narration of events and that is not the reason for termination. .....

Mcleod and Co. Vs. Sixth Industrial Tribunal, West Bengal and ors.

Court : Kolkata

Reported in : AIR1958Cal273

..... the determination whether a person is a 'workman' within the definition of the industrial disputes act is the very foundation of the jurisdiction of the industrial tribunal entertaining an application under section 33-a of the industrial disputes act for wrongful termination of service in contravention of section 33 of the act during the pendency of any proceedings before the tribunal. ..... ginwala for the applicant reliedon section 10 of the industrial disputes act and especially sub-section (5) thereof. ..... 263 of air) says:-- 'when an employer contravenes the provisions of section 33 of the 1947 act or of section 22 of the 1950 act, the workmen affected thereby obviously have a grievance.' 49. ..... ahmad ishaque, : [1955]1scr1104 , that certiorari will be issued for correcting errors of jurisdiction when an inferior court or tribunal acts without jurisdiction or in excess of it or fails to exercise it and also when it acts illegally in the exercise of its undoubted jurisdiction as when it decides with-out giving an opportunity to the parties to be heard or violates the principles of natural justice. ..... 265 of air) :-- 'the object of section 22 of the 1950 act like that of section 33 of the 1947 act as amended is to protect the workmen concerned in disputes which form the subject-matter of pending proceedings against victimisation by the employer on account of their having raised industrial disputes or their continuing the pending proceedings. .....

Agriculture Produce Market Committee Vs. Parshuram S/O Gopalji Kore

Court : Mumbai Nagpur

..... it was lastly the case of the respondent that his services were terminated illegally without notice and/or wages in lieu of such notice and therefore was in contravention of section 25f and 25h of the industrial disputes act, 1947. 4. ..... in the instant case, that was also not required as the respondent had proved his pre-existing right by exh.13, which is a document of the petitioner itself and therefore in my view the submission of the learned counsel for the petitioner that the issue of applicability of a pay scale could not be gone into under section 33c(2) of the industrial disputes act cannot be accepted. 16. ..... given the benefits of the scale applicable to the junior clerk though the direction of the labour court was to reinstate him with continuity of service but without back wages, the respondent filed an application under section 33c(2) of the industrial disputes act for payment of his dues. ..... . in that view of the matter, no case for interdiction in writ jurisdiction is made out .....

Chief Engineer, State of Rajasthan and anr. Vs. State of Rajasthan and ...

Court : Rajasthan

Reported in : [2002(93)FLR782]; (2002)IILLJ971Raj

..... continuous employment under the appellants for more than two years and the termination has not been effected in accordance with the provisions of chapter v-a of the industrial disputes act, 1947. ..... also not in dispute that the respondent-workman has actually discharged the work under the appellants for more than two years during the period aforesaid and no compliance of the provisions of the industrial disputes act relating to retrenchment has ..... for retrenchment compliance of the provisions of industrial disputes act was necessary which has not been done, about which there is no dispute ..... there being non-compliance of the provisions of industrial disputes act, the termination order could not be held to be ..... to adjudication by way of industrial dispute before the labour court, jodhpur ..... it was not proved by the witness as to who was the superintending engineer on the date of issue of appointment order and that the order did not bear the signatures of the officer with whose signatures he was aware nor the concerned officer who is purported to have issued the appointment order ..... urged, that no compliance were made of section 25f of the act of 1947. ..... there is no dispute that for the period claimed by the workmen for which payment of wages ..... of the present appellants that since no employer-employee relationship existed, it was neither required of them to hold an enquiry before terminating the services nor to comply with the other provisions of the act of 1947. ..... case is made out for interference. .....

K.Gunasekaran Vs. the Assistant Commissioner of Labour and anr.

Court : Chennai

..... it is on the basis of the stand of the workman, the conciliation officer held that if the case has to be treated as a collective dispute under section 2(k) of the act, then the act requires substantial support of other workers and therefore he is unable to conciliate that the dispute raised by the worker against the minor penalty imposed is the dispute which comes under the meaning of section 2(k) of the industrial disputes act. ..... in fact, until 1965 and before the introduction of section 2-a of the industrial disputes act by amending act 35 of 1965 with effect from 1.12.1965, even case of termination will have to be sponsored by trade union or by other workers collectively with a view to obviate the difficulties faced by the individual workman facing dismissal at the hands of the ..... the parliament thought note of amending the provisions of the industrial disputes act and introduced section 2(a). ..... under section 2(a)of the industrial disputes act, 1947, a worker can raise a dispute only with reference to his dismissal, retrenchment or any other cases of termination. ..... in this context, it has to be seen for the purpose of treating an individual dispute into collective dispute, it requires espousal of his case by the other workers and there must be a substantial consent of the workers supporting his case, without which individual dispute cannot be elevated to that of a collective dispute. ..... heard mr.d.bharathy, learned counsel for the petitioner. 5. .....

Air Corporations Employees' Union and Anr. Vs. Vyas D.V. and Ors.

Court : Mumbai

Reported in : 1962(64)BLJR1

..... 10a of the industrial disputes act (act xiv of 1947), and by that agreement the parties agreed to refer the disputes specified in annexure a thereof to the arbitration of a committee of arbitration. 4. ..... ' in the last paragraph of the award, the chairman observes : 'it is true that in this case, at the point of a bayonet (threat of a lightning strike) more pecuniary benefit in some cases than would have accrued from the decisions of the demands has been obtained by the employees. ..... section 30 provides for penalty in cases of wilful disclosure of information which to required to be kept confidential under s. 21. ..... a tribunal may suffer from incapacity or disability, by reason of its very constitution or by reason of some extraneous circumstances, and if a clear case is made out where it has acted without jurisdiction or in excess of jurisdiction, and justice demands, the court in entitled to interfere. 68. ..... facts necessary to found the plea of bias or misconduct are clearly set out in the petition and they are traversed in the affidavit filed on behalf of the corporation. ..... on 1 september 1960, sri shantilal shah, the minister for law, judiciary and labour, government of maharashtra, invited the representatives of the corporation and the union for a discussion of the situation arising out of the twofold action taken by the union on 30 august 1960. ..... absence of jurisdiction may arise out of several causes and similarly may be lost for several reasons. .....