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 : (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 : 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 : AIR1918All24; (1919)ILR61All68; 48Ind.Cas.450
..... used in the composition of the crucible, there is no danger of any deleterious action on the part of the fumes of the acid upon the metal aforesaid; (b) the retort or crucible is entirely closed from the time when the acid is added until the process of calcination is complete; this does away with the necessity of a chimney communicating with the retort by means of which the fumes of the acid used to be carried off, the action of the acid on the crude material under these conditions appears to be more thorough and satisfactory while the possible nuisance from the escaping fumes of the acid is done ..... the plaintiffs are entitled to an injunction substantially in the form referred to in seton on decrees at page 549 restraining, the defendants, or their servants or agents, or any of them from building, constructing, selling, using, or in any way dealing with a stove manufactured in accordance with the plaintiffs' patent, and that the plaintiffs are entitled to a certificate under section 32 of the act. ..... it is regrettable, and it is a matter to which those who are interested in the industrial development of this country might well direct their attention, that commercial disputes of this kind should be tainted by a mass of palpably dishonest evidence, unfair methods of competition, and conduct which decent people cannot but reprobate. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1921All135; 62Ind.Cas.450
..... it has also held that they are free from liability under section 61 of the old act. ..... the liquidator is very mush like a man hunting in the dark for something which is not there, and he can only rely on such scraps or secondhand information or copy documents as happen to have been rescued from the wreck, under these circumstances the onus is clearly upon the applicant, who seeks relief, at least to go into the bos and, if be cannot give definite evidence, to submit himself at any rate to cross-examination by the liquidator and by the court to enable the real facts to be ascertained. ..... these are two appeals by the liquidator against the order of the district judge removing the names of two respondents from the list of contributories in the peoples industrial bank in liquidation. ..... if the forfeiture were worked according to the provisions in the articles and became effective, very serious pliabilities ensue under the articles to the share-holders whore shares are so forfeited, but as we have said, it has not taken place in either of these instances, but if the attempt to forfeit fails matters remain as they were. ..... it should be observed with regard to these and other similar cases that where persons are disputing their liability in the winding up of a company, matters which they probably do not understand, it is clearly their business to go into the box and to give their evidence on oath, if they expect the court to pay any attention to their case. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All519
..... no profits were being earned and that, therefore, such monies were part of the company's capital and that such conduct on the part of the directors was breach of the company's articles, a misapplication of the company's funds and a breach of such trust as the law holds directors of a company to be under, we then have to consider under section 281 whether in regard to each of these directors who took part in such breach of trust, ha has acted not only honestly, but also reasonably so as to show that he ought fairly ..... it is not disputed that the notion of the tata industrial bank coming to allahabad to borrow money from the union bank, was ridiculous upon the face of it, and would be bound to arouse the suspicion of any body. ..... ' in matters of this kind' it seems to me as an ordinary business consideration, that the share-holders must be taken to say to the directors : 'we select you as directors and we entrust all our monies and the management of our interest with you, and we look to you to protect us. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All770
..... in the present instance we find that the house in dispute, although of three storeys, is not a large house, and as the co-sharers are many it would be quite impossible to make any physical division of the premises and so the learned judge has been obliged to resort to the provisions of the partition act of 1893 and to direct a sale with the further direction that the sale-proceeds are to be divided between the interested parties.15. ..... he sat up a defence under section 41 of the transfer of property act and pleaded moreover that in no case could he be ejected without payment by these plaintiffs of the sum of rs. ..... when the common lands come to be divided, an opportunity is offered to give the co-tenant who has enhanced the value of a parcel of the premises the fruits of his expenditure and industry, by allotting to him the parcel so enhanced in value, or as much thereof as represents his share of the whole tract. ..... 5,000 by way of compensation, but there is another fact which is to be taken into account and that is that shiam lal and his predecessor, so far as we can see have had the exclusive use of these premises for a considerable period. ..... this restoration ho said had taken place some ten years before the date on which he was giving his evidence. .....
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