Court : Allahabad
Reported in : 2003(4)AWC2853
..... for so long as the provisions of the said section are not enforced the applicability of the provisions of the industrial disputes act, 1947 (act xiv of 1947) and u. p. ..... industrial disputes act, 1947, to the co-operative societies, but this section has not been enforced as yet. ..... --the provisions contained in the industrial disputes act, 1947 (act xiv of 1947), and the u. p. ..... industrial disputes act, 1947, learned counsel for the petitioner further contends that the activities of the petitioner in connection with which the respondent no. ..... industrial disputes act, 1947 do not apply to the petitioner, which is a co-operative society and the entire proceedings before the respondent no. ..... industrial disputes act, 1947, is covered within the definition of industrial disputes or not? ..... by the notification 9171-c/xii ca-1098-62, dated 30th december, 1967, published in uttar pradesh government gazette (extra-ordinary) dated 31st december, 1967, the state government in exercise of the power under sub-section (3) of section 1 of the act, declared that all the provisions of the act, excluding section 135 thereof, shall come into force with effect from january 26, 1968. ..... the employer has further taken up the case that the workman concerned was not in continuous service and, therefore, in view of provisions of section 2 (g) of the u. p. ..... therefore, on 1st january, 1989, there was no cause of action arose to the workman concerned and this reference is bad. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(4)AWC3348
..... considering the written statements filed by the parties as well as the statements of the witnesses and also the documents filed, the industrial tribunal, vide its award dated 24.12.1987, held that house rent allowance being a condition of service, any change in that condition of service of the employees should have been notified to the workmen under section 9a of the industrial disputes act, 1947 and such discrimination amongst the employees recruited at bangalore and at agra, even though both working at agra, was purely arbitrary and unfair. ..... . diwakar, learned counsel appearing for the contesting workers' union submitted that the alleged settlement of 1983 was not a valid settlement as it did not comply with the conditions set out under section 2 (p) of the industrial disputes act, 1947, as also section 6b of the u. p ..... . industrial disputes act, 1947 ; that in any case the settlement could not be binding on the agra workers' union as they were not party to the said agreement ; that since the variation in payment of hra amounted to change in the conditions of service, the compliance of section 9a read with 4th schedule in the industrial disputes act, 1947, was necessary ; and that unfair labour practices were being carried in favour of one set of workers over the other ..... . be that as it may, this objection, which is preliminary in nature, ought to have been taken at the first stage itself ..... . similar view has been taken by a single judge of this court in writ petition no .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(1)AWC108; [2002(95)FLR854]
..... industrial disputes act, 1947 and rules framed thereunder. ..... industrial disputes act, 1947. ..... the aforesaid act and rules framed thereunder are adequate for settlement of any industrial dispute under the first, second or third schedule. ..... there was nooccasion for the high court to entertain the writ petition directly for adjudication of an industrial dispute involving the termination of disputed questions of fact for which remedy under the industrial laws are available to the workman.'12. ..... it is, however, directed that if the petitioner raises an industrial dispute before the concerned regional conciliation officer/deputy labour commissioner within a month from today, the said authority will try to amicably selllc the dispute. ..... and under section 3/7 of the essential commodities act. ..... industrial disputes act, 1947, which provides for adjudication in respect of discharge or dismissal of workman including reinstatement of or grant of relief to workman wrongfully terminated. ..... the petitioner was suspended on 28.10.1983 due to his alleged involvement in criminal case under sections 307, 380, 409, 120, i.p.c. ..... the petitioner is a workman within the meaning of section 2(z) of the u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(3)AWC1726; (2003)1UPLBEC338
..... industrial disputes act, 1947, was sent to the petitioner along with one month's salary and retrenchment compensation but he refused to accept the same and concealing these material facts obtained an ex parte stay order on 4.6.1992 in the petition. ..... industrial disputes act, 1947. ..... industrial disputes act, 1947, for which oral and documentary evidence would be required to be adduced. ..... industrial disputes rules, 1957, for filing written statements, rejoinders documents etc. ..... in this view of the matter, the writ petition is dismissed on the ground of alternative remedy.however, it is directed that if the petitioner raises an industrial dispute before the concerned regional conciliation officer within two months from today, the said authority will try to amicably settle the dispute under the provisions of the u. p. ..... it is submitted that it in these circumstances became necessary to retrench the daily wages workers and a decision has been taken by the corporation and directions were issued on 14.5.1992 that in the first phase, the daily wagers engaged after 31.12.1988 shall be retrenched except the persons belonging to scheduled castes and scheduled tribes.7. ..... it is submitted by the counsel for the respondents that workers on daily wages are engaged only in the exigencies of the work and regular work is taken by permanent employees. .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)3UPLBEC2223
..... industrial disputes act, 1947 as well as under section 2(cc) of the industrial disputes act (centre). ..... on conciliation proceeding having failed, the dispute regarding termination was referred by the state government in exercise of its power contained under section 4-k of the industrial disputes act, 1947. ..... -termination/retrenchment of services without compliance of provisions of section 6-n of industrial disputes act, 1947 would be illegal, as the provisions of sections 6-n (a) and (b) of the u.p. ..... further, according to the petitioners the respondent company had its head office at mirzapur and was engaged in the business of trading/marketing through its 7 centres situate at different places in which total about 650 workers were employed and that prior permission was not obtained from the state government under section 25o of the industrial disputes act (central), therefore, the alleged closure retrenchment was illegal.9. ..... retrenchment compensation admissible to them under the provisions of section 25fff of the industrial disputes act was offered and the company had withdrawn huge amount for being disbursed to the workmen towards notice pay and retrenchment compensation. ..... industrial disputes act, 1947 lay down the conditions precedents for termination of service or retrenchment, which are mandatory, these have not been complied with by the employer and as such the termination of their service is illegal and they are entitled to continuity of service with full back wages. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All644; (1957)ILLJ603All
..... the rajpramukh of the state of pepsu issued a notification under section 10(1)(c) industrial disputes act (14 of 1947) referring to the industrial tribunal the disputed points.by a subsequent notification dated 10-1-1952, the number of matters referred to arbitration was increased. ..... whether there was any strike within the meaning of the standing orders, which do not define 'strike' the technical meaning attached to the word by the decision of the supreme court in air 1955 sc 47 (g) dealing with the interpretation of the word as defined in section 2(q) of the act will not be applicable to the word as used in the standing orders and the considerations taken into account by the industrial tribunal in holding that there was no strike because the workers never combined with the intention of ceasing work but only with the intention of making a demonstration might well ..... that there was no strike in the common sense of the word.for instance if it appears to the workmen work-ing in the boiler room that the boiler has become over-heated and might burst and, after a consultation, they decide to stop work till the boiler can be restored to a normal state their action might technically be a strike as defined in section 2(q) of the act but it would not be a strike as understood in the ordinary sense of the word.further in this case all that the workmen are alleged to have clone .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All992; (1953)IILLJ1All
..... coming to the second contention, the argument on behalf of the applicant is that the object of the industrial disputes act is not to deal with the action taken by employers against an individual workman, but to deal only with such matters as concern the workmen in general or any considerable section of them. ..... according to the definition of this term as given in clause (s) of section 2 it includes :'for the purposes of any proceedings under this act in relation to an industrial dispute, a workman discharged during that dispute. ..... it is clear therefore that an appeal from the order of the additional regional conciliation officer would have been competent before the appellate tribunal constituted under the industrial disputes (appellate tribunal) act, 1950. ..... when the case came up for hearing before the additional regional conciliation officer the applicant raised a preliminary objection that there was no 'industrial dispute' within the meaning of that expression as contained in the industrial disputes act, 1947, and as such the conciliation officer had no jurisdiction to deal with the case. ..... ramdeo's cause was taken up by the general engineering workers union, a trade union registered under the trade unions act. ..... the argument on behalf of the applicant firstly is that in the present case the dispute is between the employer and dismissed workman, hence such a dispute according to the true interpretation of the definition of 'industrial dispute' does not fall under it. .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)1UPLBEC296
..... industrial disputes act, 1947 and section 2(oo) of the industrial disputes act (central). ..... industrial disputes act, 1947 and 2 (oo) of the industrial disputes (central) act, 1947? ..... , otherwise than as a punishment inflicted by way of disciplinary action but does not include:(a) voluntary retirement of the workman; or(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or(c) termination of the service of a workman on the ground of continued ill health.'10. ..... though the workman had stated in his oral evidence before the labour court that he was willing to join his services but no such pleading was taken by him in his written statement and as such it appears that the evidence of the workman was as a result of second thought also for the reason that during conciliation proceedings the employers had offered service to the workman but he did not accept the same.8. ..... to protect the weak against the strong this policy of comprehensive definition has been effectuated. .....
Tag this Judgment!Court : Allahabad
Reported in : (2001)IIILLJ482All
..... the expression used in section 4-k is that the dispute can be raised at any time but it is clarified by the expression that there must exist an industrial dispute as defined by the act or such a dispute must be apprehended when the government decided to refer ..... of various authorities, i am of the view that normally a dispute which is an industrial dispute be referred by the state government under section 4-k of the u.p. ..... the allegations that inspite of the judgment the answering respondent was not taken back is wholly erroneous, the delay of 16 years could not have been condoned by the respondent ..... the ten workmen retrenched 2 were taken in service and the applicant was also assured that he will be taken back in service if the decision in the case filed by bijli karmachari sangh goes in favour of the sangh ..... this was the view taken by the hon'ble supreme court in the case of western india match company ..... out of the ten retrenched employees had appeared in a competitive examination held by the department and after qualifying the test they have been taken in regular ..... 5 had ever approached the petitioners and that they had assured him that he would be taken back in service if the petition filed by other employees was allowed, ..... however, in spite of the judgment answering respondent was not taken back and, therefore, the answering respondent approached respondents ..... similar view was taken by the punjab and haryana high court as well as bombay high court in karnal central co-operative bank .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All36; (1968)IILLJ26All
..... industrial disputes (amendment and miscellaneous provisions) act 1 of 1957 the power of referring a dispute for adjudication was taken away from section 3 of the industrial disputes act and a new section 4-k was incorporated in the act; where under an industrial dispute could be referred to a labour court or a tribunal, irrespective of the existence of the various conditions precedent mentioned in section 3 ..... industrial disputes act, and since that has not been done a mandamus should go compelling it to make the reference under the impugned notification the question of bonus for the whole sugar industry of the state of uttar pradesh was settled ..... industrial disputes act clause (b) of section 3 provides for an order requiring employers, workmen or both to observe for such period as may be specified in the order, such terms and conditions of employment as may be determined in accordance with the order ..... prior to 1957 the power to refer an industrial dispute for adjudication under section 3 (d) and the power to pass an order under section 3 (b) were subject to the same conditions precedent. ..... industrial disputes act which is the source of power for making the impugned notification is void as it infringes article 14 of the ..... industrial disputes act, 1947 (u. p ..... xxviii of 1947) it directs 69 named vacuum pan sugar factories to pay to their employees amounts, by way of bonus for the crushing season 1960-61, shown against their names, within one month of the publication of the order. .....
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