Judgment Search Results Home > Cases Phrase: industrial disputes amendment and miscellaneous provisions act 1956 section 11 repealed Page 1 of about 5,209 results (0.214 seconds)

Garhwal Motor Owners Union Ltd. Vs. the Labour Court and ors.

Court : Allahabad

Reported in : (1973)ILLJ548All

..... this section was repealed and re-enacted by the industrial disputes (amendment and miscellaneous provisions) act, 1956. ..... the learned single judge the award was challenged on three grounds:(1) that the reference made by the state government is bad as there was no industrial dispute in existence;(2) that the service rule introduced by the resolution of the company dated december 2, 1966 was applicable to respondents nos. ..... industrial disputes act, and if question arises in relation to a matter mentioned in tae schedule to the standing orders ac;, the labour court is compete fit to decide it on the merits ..... in support of the first point that there was no industrial dispute in existence and so the reference was incompetent, the learned single judge observed that the employers had taken up this plea in the written statement only in respect of respondent no. ..... after its amendment this section provided by sub-section (1) that standing orders finally certified under this act shall not, except on agreement between the employer and the workmen, be liable to modification until the expiry of six months from the date on which the standing orders or the last modifications thereof came into ..... section 3 of the industrial employment (standing orders) act, 1946, required every employer to submit to the certifying officer draft standing orders for every matter set out in the schedule which may be applicable to the industrial ..... section 10 of the act dealt with duration and modification of standing .....

Hariprasad Shivshankar Shukla Vs. A.D. Divikar

Court : Supreme Court of India

Reported in : AIR1956SC121; (1957)59BOMLR384; [1957]1SCR121

..... section 19 of the industrial disputes (amendment and miscellaneous provisions) act, 1956, purports to repeal s ..... section 29 of the industrial disputes (amendment and miscellaneous provisions) act, 1956, inserts new schedules to the act, and item 10 of the third schedule (matters within the jurisdiction of industrial tribunals) is : 'retrenchment of workmen and closure of establishment'; in the fourth schedule, item 10 is : 'rationalisation, standardisation or improvement of plant or technique which is likely to lead to retrenchment of workmen ..... if we are to choose between the two amending acts of 1956 on the point of parliamentry exposition, we unhesitatingly hold that the industrial disputes (amendment and miscellaneous provisions) act, 1956 (act xxxvi of 1956) is more in the nature of parliamentary exposition than the industrial disputes (amendment) act, 1956 (act xli of 1956) which merely supersedes the effect of certain judicial decisions ..... we are a fortified in this view by an examination of the provisions of the industrial disputes (amendment and miscellaneous provisions) act, 1956. ..... , that the industrial dispute to which the provisions of the act apply is only one which arises out of an existing industry is clearly correct ..... then is the position we must then see what light is thrown on the true view to be taken of the definition clause by other provisions of the act or even by the aim and provisions of subsequent statutes amending the act or dealing with the same subject-matter. .....

Bengal Provincial Bank Employees Association, Calcutta Vs. Salim M. Me ...

Court : Kolkata

Reported in : AIR1958Cal297

..... deb appearing on behalf of the petitioners has taken the following points :--(1) that the reference dated the 19th september, 1957 is bad because the industrial disputes (appellate tribunal) act, 1950, having been repealed by section 33 of the industrial disputes (amendment and miscellaneous provisions) act, 1956, the appellate tribunal constituted by act 48 of 1950 ceased to have any existence altogether and no reference could be made to mr. ..... the industrial disputes (amendment and miscellaneous provisions) act, 1956 came into operation on the 28th of august, 1956. ..... any difficulty or doubt has arisen as to the interpretation of any provision of the award as now modified by the decision of the appellate tribunal in the manner referred to in section 3, it shall refer for decision the matter in respect of which such difficulty or doubt has arisen to a single member of the labour appellate tribunal constituted under the industrial disputes (appellate tribunal) act, 1950 (xlviii of 1950), or to such industrial tribunal constituted under the industrial disputes act, 1947 (xiv of 1947), as it may, by notification in the official gazette ..... this being a special act, the provisions of section 10 of the industrial disputes act, is excluded upon the principle that the provisions of a special act must necessarily exclude the provisions of a general act unless there are indications to the contrary. mr. .....

Gordon Woodroffe and Company (Private) Limited Vs. S. Venugopal and an ...

Court : Chennai

Reported in : (1958)1MLJ164

..... . i shall now proceed to set out the section as amended by the act xxxvi of 1956--the industrial disputes (amendment and miscellaneous provisions) act, 1956, which repealed the industrial disputes act, 1950, and introduced by its section 21, a new section 33 which is in these terms:section 33(1) ..... . before proceeding to detail the changes introduced by the amending act xxxvi of 1956 i shall refer to the decisions of the supreme court which have construed either section 22 and 23 of the labour appellate tribunal act or sections 33 and 33-a of the industrial disputes act, (between which two there was no material differences), in relation to the scope and jurisdiction of the tribunals to whom applications might be made for the permission referred to in the provisions.12 ..... . provisions on the same lines as sections 33 and 33-a were enacted in respect of proceedings before the labour appellate tribunal newly constituted, by sections 22 and 23 of act xlviii of 1950 whose terms were exactly identical with the amended section 33 and the new section 33-a of the industrial disputes act.9 ..... . the industrial tribunal, madras, in its orders now impugned in these proceedings has understood the law in the same manner as set out above but it has held that the amending act of 1956 has brought about a fundamental change and that under the amended sections the tribunal is clothed with powers to decide an industrial dispute and impose conditions subject to which permission or approval could be granted.18 .....

Miya Singh Vs. Haryana Roadways and anr.

Court : Punjab and Haryana

Reported in : (1993)IIILLJ486P& H

..... this was followed by the enactment of the industrial disputes (amendment and miscellaneous provisions) act, 1956, which repealed the industrial disputes (appellate tribunal) act, 1950, and also section 25i, in chapter v-a of the industrial disputes act and, inter alia, inserted sections 33c and 36a in the act. ..... on the basis of experience gained in the working of section 33c the said provision was recast and substituted by the present section 33c by the industrial disputes (amendment) act, 1964 (act no. ..... in 1953, certain additional provisions were made to help the workman by enacting the industrial disputes (amendment) act, 1953. ..... no attempt was made to ascertain the scope of the provisions of section 33c(2) of the industrial disputes act or to go into the question whether the relief of back wages which had been specifically asked by the workman had been gone into and denied on merits. 5. ..... section 33c, which is in terms similar to those in section 20 of the industrial disputes (appellate tribunal) act, 1950, is a provision in the nature of an executing provision. ..... where industrial disputes arise between workmen acting collectively and their employers, such disputes must be adjudicated upon in the manner prescribed by the act, as for instance, under section 10(1) ..... the fact that the words of limitation used in section 20(2) of the industrial disputes (appellate tribunal) act, 1950, are omitted in section 33c(2) shows that the scope of section 33c(2) is wider than that of section 33c(1). .....

Narayan Deju Puthrani Vs. Labour Appellate Tribunal of India at Bombay ...

Court : Mumbai

Reported in : AIR1957Bom142; (1957)59BOMLR261; ILR1957Bom412; (1957)IILLJ245Bom

..... by section 30 of the industrial disputes (amendment and miscellaneous provisions) act, 1955, the industrial (appellate tribunal) act,' 1950, has now been repealed and with the repeal of that act, authority of the central government to constitute appellate tribunals has also lapsed and all the tribunals which have been constituted under the authority given to the general government must be deemed except as otherwise expressly provided to have become incompetent as from the date on which the industrial disputes (amendment and miscellaneous provisions) act, 1956, came into operation. ..... evidently, the appellate tribunal has disposed of the appeal in this case which was pending before it on 1st june 1956, and that tribunal had no proceeding pending before it 011 1st september 1950, which could be saved by sub-section (2) of section 33 of the industrial disputes (amendment and miscellaneous provisions) act, 1956. ..... sro/1935, the central government has appointed the 1st day of september 1956, as the date on which section 33 of the industrial disputes (amendment and miscellaneous provisions) act, 1956, shall come into force. ..... but in view of the provisions of the industrial disputes (amendment and miscellaneous provisions) act, 1956, we are unable to pass that order. ..... there is nothing in the industrial disputes (amendment and miscellaneous provisions) act which directly or indirectly operates to restrict the power of the high court. .....

Ramkrishna Ramnath Bidi Manufacturing, Kamptee Vs. the Presiding Offic ...

Court : Mumbai

Reported in : AIR1963Bom201; (1963)65BOMLR109; [1963(6)FLR175]; ILR1962Bom714; 1963MhLJ182

..... this act of 1950 was repealed by the industrial disputes (amendment and miscellaneous provisions) act, 1956, by which, as referred to above, the labour court was, for the first time, constituted, and section 33c also was inserted. ..... as we pointed out above, the labour courts came into existence for the first time under the industrial disputes act, 1947, as a result of the amendment made thereto by the industrial disputes (amendment and miscellaneous provisions) act, 1956. ..... whatever may have been the position between 1953 and 1956, regarding the proper forum in which such rights could he enforced, it seems that there is no manner of doubt, at least after the amendment of 1956, that the only forum is the labour court which came into existence under the same amending act, namely, the industrial disputes (amendment and miscellaneous provisions) act. ..... having regard, therefore, to this provision of the payment of wages act, it is contended, an application for a claim for compensation under section 25fff of the industrial disputes act, 1947, could have been preferred before the payment of wages authority within the period of limitation already referred to and, therefore, if such a claim is irrecoverable, because it is not preferred within the period of limitation, prescribed, it should be equally barred when the claim is before the labour court under section 330 (2) of the industrial disputes act. .....

Ramkrishan Ramnath Bidi Manufacturing, Kamptee Vs. Labour Court, Nagpu ...

Court : Mumbai

Reported in : (1963)ILLJ417Bom

..... this act of 1950 was repealed by the industrial disputes amendment and miscellaneous provisions) act, 1956, by which, as referred to above, the labour court was, for the first time, constituted, and ..... section 7(1) of the amended act provides that the appropriate government may, by notification in the official gazette, constitute one or more labour courts for the adjudication of industrial disputes relating to any matter specified in the ..... that section is found in the new chapter added to the industrial disputes act, 1947, as ..... that section provides that the appropriate government may, by notification in the official gazette, constitute one or more industrial tribunals for the adjudication of industrial disputes relating to any matter, whether specified in ..... section 33c was inserted for the first time by the amending act of 1956 which also created labour courts under ..... 33c(2) is as much governed by the general principles of industrial adjudication as an industrial tribunal and since these principles discourage over-stale and delayed claims being entertained, the labour court functioning under sub-section (2) will have the power not to entertain such claims, although no law of limitation applied to ..... but where the amount due to a workman is not stated in the award itself and there is a dispute as to its calculation, sub-section (2) will apply and the workman would be entitled to apply thereunder to have the amount computed provided he is entitled to a benefit, whether monetary or non .....

Rohtas Industries Ltd. Vs. Brijnandan Pandey

Court : Supreme Court of India

Reported in : AIR1957SC1; 1957(0)BLJR26; (1956)IILLJ444SC; [1956]1SCR800

..... act under which the appellate tribunal purported to pass its order has now been repealed by the industrial disputes (amendment and miscellaneous provisions) act, 1956. ..... regard to the scope of section 22 of the act, it was observed : '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 ..... the two applications which had been made to the industrial tribunal, bihar, the one under section 33 of the industrial disputes act and the other under section 33-a of the said act, remained pending with the industrial tribunal till the 17th of the december 1952 on which date the application under section 33-a filed by forty nine of the sixty nine temporary employees, ..... 12th of july 1952, forty nine out of the said sixty nine employees made an application, under section 33-a of the industrial disputes act, to the chairman, industrial tribunal, bihar, on the allegation that the appellant company had discharged sixty nine employees on the 5th july 1952 and had thereby contravened section 33 of the industrial disputes act, 1947. ..... a question of some nicety as to the correct interpretation of section 33 of the industrial disputes (amendment and miscellaneous provisions) act, 1956 might have arisen if we had thought fit to remand this .....

Vijaya Bank Vs. Shyamal Kumar Lodh

Court : Supreme Court of India

..... taking note of the aforesaid lacunae the legislature passed the industrial disputes (amendment and miscellaneous provisions) act, 1956. ..... further, by the industrial disputes (amendment) act, 1953 the legislature inserted chapter 5a to the industrial disputes act, 1947, and for the recovery of money due to an employee from his employer section 25-i was enacted. ..... with a view to obviate this lacuna section 33c of the industrial disputes act, 1947 was recast by section 23 of the industrial disputes (amendment) act, 1964(act 36 of 1964). ..... panda, learned senior counsel, however, appearing on behalf of the employee-respondent submits that in view of the explanation appended to section 33c of the industrial disputes act, labour court includes any court constituted under any law relating to investigation and settlement of industrial disputes in force in any state and the labour court before which employee laid his claim has been constituted for investigation and settlement of industrial disputes, it will have jurisdiction to entertain and adjudicate the money claim of the employee.10. ..... the legislature inserted section 20 in the industrial disputes (appellate tribunal) act, 1950 (since repealed) which provided for the recovery of the money due from the employer under an award or decision. ..... this act repealed the industrial disputes (appellate tribunal) act, 1950 as also section 25-i in chapter 5a of the industrial disputes act, 1947 and inserted section 33c in the later act. .....