Court : Allahabad
Reported in : 2005(1)ESC437
..... notice on petitioner employers asking the petitioner employers to show cause as to why action against them be not taken for having closed their establishment without taking permission from state government, as such entire activities of the petitioner employer's is in contravention of the provision as contained under section 25o of industrial disputes act, 1947. ..... who contravenes a direction given under section 6-x shall be punishable with imprisonment for term which may extend to three years or with fine or with both, and where the contravention is continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction.section 22 :protection. ..... industrial disputes act, 1947, is concerned same would be saved and protected by section ..... the principal grounds where such a course of action can be adopted are to protect the interest of the revenue and also where the corporate personality is being blatantly used as a cloak for fraud or ..... has been summarised is that when rules and regulations of the association specifically authorise it to take legal proceedings on behalf of its members so that any order passed by the court, in such proceedings will be binding on its members and in other cases it has been held that an association whether registered or unregistered cannot maintain a writ petition for enforcement or protection of the rights of its members as distinguished from the enforcement of its own rights.18. .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(4)AWC3497
..... section 1 of the act provides short title, extent, commencement and application of the act and sub-section 4 thereof reads as under:(4) this section and sections 2 and 6 shall apply in relation to all public servants while the remaining provisions shall not apply to the following classes of public servants, namely-(a) a member of a judicial service;(b) an officer or servant of the high court or of a court subordinate to the high court;(c) a member of the secretariat staff of any house of the state legislature;(d) a member of the staff of the state public service commission;(e) a workman as defined in the industrial disputes act, 1947 (act xiv of 1947), or the united provinces industrial disputes act, 1947 (u.p. ..... : (1996)iillj729sc and there in para 6 of the judgment the apex court crystallized the issue which was up for consideration before the full bench of the high court as under:since the only question before the full bench of the high court was whether the officers who had taken such actions were competent to do so in view of the protection afforded by article 311 of the constitution and as that is the only question which we have to decide.12. ..... the majority held that the employees of the erstwhile roadways department continue to be the government servant while on deputation to the corporation and therefore action against them can be taken only by the state government or the officers of the state government who are also on deputation and not by the corporation. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(3)AWC1956; [1999(82)FLR720]
..... industrial disputes act, 1947 as follows :'section 2 (s)--'retrenchment means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as punishment inflicted by way of disciplinary action, but does not include : (i) voluntary retirement of the workman ; or (ii) retirement of the workmen on reaching the age of superannuation if the contract of employment between the employer and workman concerned contains a stipulation in that behalf.' 8. ..... governmenthas prepondering interest ; (c) 'retrenched employee' means a person who was appointed on a post under the government or a public corporation on or before october 1, 1986 in accordance with the procedure laid down for recruitment to the post and was continuously working in any post under the government or such corporation upto the date of his retrenchment due to reduction in, or winding up of, any establishment of the government or the public corporation, as the case may be and in respect of whom a certificate of being a retrenched employee has been issued by his appointing ..... -it has to be interpreted liberally so as to advance the purpose of its enactment that is to protect the workman against any action of the employer leading to termination of his service.10. ..... both these aspects have been taken care of by the government when it framed the absorption rules in 1991. .....
Tag this Judgment!Court : Allahabad
Reported in : (1959)ILLJ1All
..... the present prosecution is under clause 33 read with section 14 of the uttar pradesh industrial disputes act, 1947. ..... the district magistrate of moradabad thereafter instituted a complaint under section 14 of the uttar pradesh industrial disputes act read with 01.29 of the government notification no. ..... thus, if that omission, though may be illegal, was bona fide, it would amount to 'act done' within the meaning of section 22 of the industrial disputes act.11. ..... srivastava on account of misconduct and therefore permission was sought from the central government industrial tribunal, lucknow, to dismiss him as required under section 22 of the industrial disputes (appellate tribunal) act, 1950. ..... he had ordered that the employers, if they so desired, should take permission under section 22of the industrial disputes (appellate tribunal) act, 1950. ..... even assuming that it was necessary, in any event the applicant is protected by section 22 of the uttar pradesh industrial disputes act which reads as follows:no suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made or deemed to be made thereunder.9. ..... srivastava, i think he would be protected under this section. ..... when the conciliation officer was requested to give the permission again after these orders, he informed that the decision has already been intimated and no further action could be taken by that office.6. .....
Tag this Judgment!Court : Allahabad
Reported in : (1962)ILLJ14All
..... it was contended that the order of retrenchment was not passed, as laid down in section 6n of uttar pradesh industrial disputes act, 1947.21. ..... 'workman' has been defined in clause (z) of section 2 of the uttar pradesh industrial disputes act, 1947. ..... that being the nature and extent of the jurisdiction of the industrial tribunal, it is too late now to contend that the contractual power of the employer to discharge his employee under the terms of the contract cannot be questioned in any case. ..... srivastava was not a workman under the uttar pradesh industrial disputes act, 1947; so the matter in controversy could not be treated as an industrial dispute. ..... it means the discharge of surplus labour or staff by the employer for any reason whatsoever otherwise than as a punishment inflicted by way of disciplinary action, and it has no application where the services of all workmen have been terminated by the employer on a real and bona fide closure of business or where the services of all workmen have been terminated by the employer on the business or undertaking being taken over by another employer.22. ..... an industrial tribunal is not so fettered and may create new obligation or modify contracts in the interests of industrial peace, to protect the legitimate trade union activities and to prevent unfair practice or victimization.in the present case there was no question of protecting legitimate trade union activities. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC2357
..... the workman had asserted that he could not have been removed from service in view of the proviso to section 6b (2) of the industrial disputes act which provides that no workman whose proceedings are pending in adjudication case, against the employers shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority before which the proceedings were pending for the approval of the action taken by the ..... section (3) of section 6e, an employer during the pendency of such proceedings in respect of industrial dispute cannot take action against any protected workman concerned in such dispute by altering the conditions of service applicable to him immediately before the commencement of such proceedings or by discharging or punishing whether by dismissal or otherwise of such protected workman, save that express permission in writing of the authority before which the ..... by its award directs reinstatement of any workman and the employerprefers any proceedings against such award in a high court or the supreme court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the high court or the supreme court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during ..... industrial disputes act, 1947, is more or less analogous to section 33 of the industrial disputes act .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)IIILLJ509All
..... thereafter made an application for conciliation under section 10 of the industrial disputes act, 1947, the conciliation between the appellant and the employer failed. ..... is no doubt true that no limitation is provided for raising a dispute, however, from the language of section 10 of the industrial disputes act, 1947, it is apparently clear that only if an industrial dispute exists or is apprehended, that reference is to be made. ..... have heard learned counsel for the parties and gone through the record.at the very outset, we may record that the competence of the central government to make the reference flows from section 10 of the industrial disputes act, 1947. ..... air 1999 sc 1351: (1999)6 scc 82 : 1999 i llj 1260 contends that no limitation is prescribed under the industrial disputes act, 1947 for making a reference and, therefore, it is not within the competence of the central government to refuse to make the reference. ..... disengagement is stated to have been effected in violation of the provisions of the industrial disputes act, 1947. ..... ), relied upon by the learned counsel for the appellant was considering a case where the high court while exercising its jurisdiction under article 226 of the constitution of india upset an award of the labour court on the ground that there was inordinate delay in making of the reference qua the dispute. ..... such an action or the central government cannot be said to be illegal, which may warrant interference under article 226 of the constitution of india .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(2)AWC1325; [2009(121)FLR230]
..... in ram avtar sharma (supra), the supreme court again reiterated that the government only performs an administrative act while making or refusing to make a reference under section 10 of the industrial disputes act, and that it cannot delve into the merits of the dispute or take upon itself the determination of the lis between the parties. ..... : (1989)iillj558sc , the supreme court held that the dispute, as to whether the persons raising the dispute, are the workmen or not, the same could not be decided by the government in exercise of its administrative function under section 10(1) of the industrial disputes act. ..... bank of baroda, jullundur : (1978)illj484sc , in which it was held that a reference under section 10 of the industrial disputes act was an administrative act of the government, on the basis of an opinion formed by the government as to the factual existence of an industrial dispute.7. ..... the learned counsel submitted that since the petitioner was not a workman under the industrial disputes act, no reference could be made for adjudication under section 4k of the u.p. ..... from a perusal of the impugned order, it is clear that the state government has declined to raise the dispute on the ground that the petitioner was not a workman under the industrial disputes act. ..... it is alleged that the services of the petitioner was terminated by an order dated 26th of october, 2002 and the petitioner, being aggrieved, raised a conciliation proceeding under the industrial disputes act. .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)2UPLBEC1080
..... industrial disputes act, 1947.16. ..... industrial disputes act referred the above quoted dispute on 1.11.1985. ..... industrial disputes act referred the following dispute for adjudication on 1.11.1985 :^^d;k lsok;kstdksa }kjk vius jfedv'kksd dqekj iq= jh cylo:i dh lsok;s fn- 15-12-83 lekir fd;k tkuk mfpr rfkk@vfkokos/kkfud gs ;fn ugha] rks lacaf/kr jfed d;k ykhk@{kfriwfrz@ fjyhq ikus dk vf/kdkjhgs] rfkk vu; fdl fooj.k ..... 4 had been re-appointed in the corporation on the basis of the said appellate order dated 29.10.1984 and having taken benefits under the same he was stopped from agitating the same matter again.11. ..... however, since the workman has obtained the award by concealment of facts the same is liable to be quashed to the extent that the workman will not get any increment of the aforesaid period as claimed by him under section 6-h(1).17. ..... 16,350/- to the workman by the corporation in proceedings under section 6-h(1) of the u.p. ..... the regional conciliation officer submitted a failure report and the state government in exercise of its powers under section 4-k of the u.p. ..... 4 behind the back and concealing from the corporation filed an application before the regional conciliation officer, ghaziabad on 28.1.1985 claiming the benefits of his past services and back wages, whereupon the regional conciliation officer submitted a failure report and the state government in exercise of its powers under section 4-k of the u.p. ..... 4 filed an application under section 6-h(1) of the u.p. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All705
..... in clause (25) of the notification of 10-3-1948, the state government laid down that 'for the purposes of this order, an appeal shall be deemed to have been decided on the date on which the provincial government shall notify the orders therein passed by it under section 3(b) of the united provinces industrial disputes act, 1947. ..... industrial disputes act, 1947, would not apply to it at all and that report could not be enforced by the government as an award under section 6 of the act. ..... notification, and had been made after complying with the requirements of rule 5(2), then there can be no doubt that such a notification would not be open to challenge, but, as pointed out before by me, the notification under section 6 was ultra vires and any step taken to enforce such notification or any action taken pursuant to such notification, in my view, can be challenged under article 226 of the constitution of india, being an ultra vires notification, it gives a recurring cause of action to the petitioner, and, therefore, this court has power ..... the petitioner can, therefore, seek protection of this court under article 226 of the constitution against the opposite parties on the ground that they are seeking to have an order enforced which, is not warranted by law and which was not warranted by law when passed and are threatening to take action against the petitioner for non-compliance with that order. .....
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