Court : Allahabad
Reported in : AIR1958All413
..... action should not be taken after acquittal by criminal courts. there was a subsequent award by another tribunal presided over by sri gajendragadkar. these two awards were enforced by the industrial disputes (banking companies) decisions act 1955 (central act no. 41 of 1955). so the proposed departmental action against the petitioner is illegal.3. the opposite parties have opposed this petition on the ground ..... with the powers to remove difficulties. it appears that there was some doubt about the validity of the two awards given by the two industrial tribunals in succession. in order to remove that doubt, parliament passed the industrial disputes (banking companies) act, 1955. the main effect of act no. 41 of 1955 was to declare the validity of the awards. the act by itself does .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC462; [1999(81)FLR658]
..... section 19(6) as regards the period for which the award shall continue to be binding on the parties is not in any way affected by section 4 of the industrial disputes (banking companies) decision act, 1955. quite apart from this, however, it appears to us that even if an award has ceased to be in operation or in force and has ..... by one of the parties of the intention to terminate it and two months have elapsed from the date of such notice. the effect of section 4 of the industrial disputes (banking companies) decision act is that the award ceased to be in force after march 31. 1959. that however has nothing to do with the question as to the period ..... , agra kshetra, agra in exercise of powers under section 6h of the u. p. industrial disputes act, 1947 on application moved on behalf of the co-operative bank staff association. 97 shastri nagar, kirti nagar, mathura--an association of employees of the mathura zila sahkari bank ltd., mathura for recovery of a sum of rs. 5,75.059.79. the impugned .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC1680; (1998)3UPLBEC1656
..... assume the shape of contract. it will continue to bind the parties in accordance with section 19(6) of the industrial disputes act, 1947. it was given statutory force by the industrial disputes (banking companies) decision act, 1955. if a workman is aggrieved against any clause in the standing order, he can apply for modification ..... of such standing order before the appropriate authority. in management shahdara (delhi) saharanpur light railway company ltd. v. s. s. railway, workers' ..... to the framing of sastry award is that in june, 1949, the central government referred for adjudication number of disputes between the banking companies in the country and their employees to all india industrial tribunal known as the sen tribunal. the tribunal gave its award in july, 1950 but it was set aside .....
Tag this Judgment!Court : Allahabad
Reported in : (1971)IILLJ386All
..... down under the sastry award. the court came to the conclusion that the domestic enquiry was not fair and hence the dismissal was not 'legal'. the industrial disputes (banking companies) act of 1955 on which the learned counsel relied for contending that sastry award had statutory force, was enacted in order only to continue the operation of ..... court that the dismissal of the plaintiff had given rise to an industrial dispute. there is also no material for holding that the dispute had at any stage acquired the character of an industrial dispute; as such the matter could not have been adjudicated upon by an industrial tribunal and the suit cannot, therefore, be said to be ..... court to entertain such a suit. the contention is that if the order could be treated as an order of dismissal of an industrial workman, the dispute would be cognizable by an industrial tribunal and therefore the civil court would be impliedly precluded from adjudicating upon the legality of the impugned order. it may be .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All623
..... are claimed to have abated, reads as follows (irrelevant portions are omitted) : 'abatement of proceedings relating to disputes pending before provincial tribunals & reference of such disputes to tribunals constituted by the central govt.--(1) where any industrial dispute concerning any banking company or any matter relating to such dispute has, before the commencement of this ordinance, been referred by a provincial govt. to any tribunal or other ..... to the central govt. & the central govt. order that it shall cease to be in operation. 8. the ordinance prohibits a provincial govt. only from referring an industrial dispute concerning any banking or any matter relating to such dispute to any tribunal for adjudication, enquiry or settlement. this prohibition does not extend to prosecution for disobedience of an award. when a party to the .....
Tag this Judgment!Court : Allahabad
Reported in : (1962)ILLJ704All
..... also not impressed by the argument that the dispute relating to the suspension of respondent 3 is not a dispute relating to his employment. he has been relieved of his duties ..... must be deemed to be an industry for the purposes of the industrial disputes act. the act does not make any exception in favour of cooperative banks. under clause (1) of section 2 of the act an exception has been made in favour of a banking company as defined in the central industrial disputes act, 1947, but the petitioner is not a banking company of that kind.7. i am .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(4)AWC3270; [2002(95)FLR315]; (2002)3UPLBEC2406
..... tyagi was since working in supervisory capacity drawing wages exceeding rs. 500 per month is, therefore, not a workman as enshrined in section 2 (z) of the u. p. industrial disputes act. 3. the labour court vide its impugned award has held that the workman sri r. k. tyagi is not a workman and, therefore, reference cannot be answered. it ..... 575 (of scc) : (at p 917 of air) of the report this court referred to the decision in llyods bank ltd. v. panna lal gupta, air 1967 sc 428 (supra) and also the observations of this court in hind construction and engineering company ltd. v. their workmen, (1965) 1 lab lj 462 ; air 1965 sc 917. in that case the nature ..... work. he was undoubtedly checking up on behalf of the employer but he had no independent right or authority to take decision and his decision did not bind the company. in that view of the matter keeping the correct principle of law in mind the division bench has come to the conclusion taking into consideration the evidence recorded before .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC2012
..... of bombay and that the state government had taken a view that no permission for closure under section 25(o) of the industrial disputes act, 1947, would be necessary, and thus it was not necessary to wind-up the company. on the aforesaid facts and circumstances, the supreme court held that the b.i.f.r. and a.a.i.f ..... (2) provides for a reference by central government or reserve bank or a state government or a public financial institution or a state level institution or a scheduled bank, if it has sufficient reasons to believe that any industrial company has become, for the purpose of this act, a sick industrial company for determination of measures which may be adopted with respect to ..... .81unsecured loans42.42,936.81current assets19,000.00current liabilities andprovisions80.11.599.18o.l.2,36,64,839.00 inventories1,11,152.00 sundry debtors9,42,116.67 cash and bank balance41,117.47 loans andadvances22,53,424.14rs. 1,22.54,535.99rs.2,70,12,660.10 surplus of assets rs. 1,47,58,124.11. (5) .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC2749
..... case, is not relating to a loan, advance or grant or relating to credit in respect of, or relating to hire purchase of goods sold to the petitioner by a banking company or a governmentcompany, as the case may be, under the state sponsored scheme. subsection (1) of section 3 of the said act is set out herein below :'3(1). ..... has done in the instant case. our view also finds support from the decision of a division bench of this court in the case of m/s. jaishree poultry feed industries v. state of u. p. and others. 1991 acj 47.8. considering all aspects of the matter, we are of view that there is no scope for quashing the ..... loss sufferedapart from forfeiting the security, if the loss suffered is less than the amount of security deposit then only security deposit shall stand forfeited. 24. that all questions and disputes relating to or arising out of the contract, whether during the continuance of the contract or after its completion or abandonment shall be referred to chairman, u. p. state .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(4)AWC2613; [2001(91)FLR1094]; (2001)3UPLBEC2342
..... and appropriate for the exercise of such public law remedy. in this case, there is no doubt that chapter v-b, industrial disputes act, imposes a public duty on the respondent company not to retrench the petitioners except in accordance with the conditions laid down by the parliament. those limitations are conceived not merely ..... petition under article 226 of the constitution is fully maintainable even against a private company. (2) under the provisions of u. p. industrial disputes act, 1947 and under the certified standing orders, the respondent company has statutory obligation to follow the provisions of u. p. industrial disputes act, 1947 and the standing order and any action of respondent in violation ..... : (i) t. gattatah and ors. v. commissioner of labour court and ors. 1981 lab 1c 942. (ii) u. p. state co-operative land development bank ltd. v. chandra brian dubey and ors. 1999 vol. 1 scc 741. 12. the scope of article 226 of the constitution has come up for consideration before the .....
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