Court : Guwahati
..... different.the petitioners challenged the impugned act on the ground of repugnancy as the provisions of the impugned act invades the provisions of act 1910. supply act 1948. industrial disputes act as well as companies act.10. petitioners further stated before this court that an application under sections 8 and 11 of the arbitration and conciliation act, 1996 has been filed before this ..... of the supreme court in rustom cavasjee cooper v. union of india, air 1970 sc 564. that case had been preferred by the petitioner against the nationalisation of banks under the provision of banking companies (acquisition and transfer of undertakings) act (22 of 1969) (ordinance 8 of 1969) claiming constitutional protection against the provisions of the act by which petitioner claimed to be .....
Tag this Judgment!Court : Guwahati
..... of any relationship of employer and employee as explicit on the face of the reference, the dispute could not be brought within the fold of 'industrial dispute' as defined in section 2(k) of the industrial disputes act, 1947.16. the decision in national engineering industries ltd. (supra) and the nedungadi bank ltd. (supra) were relied upon by the learned senior counsel for the petitioner to bring ..... reliance on the aforesaid two decisions i.e. delhi cloth general mills v. workmen (supra) and indian oil corporation v. presiding officer, central govt. industrial tribunal (supra) and submitted that merely because the petitioner is a government company, same would not preclude or disentitle it to challenge the validity of the reference itself made by the central government and that the arguments .....
Tag this Judgment!Court : Guwahati
..... may be certain accountants who may be officers, there may be other accountants who are merely clerks. the supreme court, pointed out as follows: '(b) industrial disputes act (1947), section 15 - bank (sastri) award - construction -special allowance to supervisor - workman whether supervisor is mixed question of law and fact - clerks doing work of checking in audit department held ..... wherein the employee worked as internal auditor of the company and it was found that he was doing his audit work and he had no independent right or authority to take decision hence, on that background the employee was held to be workman under section 2(s) of the industrial disputes act, 1947. on the other hand, the learned ..... learned advocate for the petitioner. 9. in 1977 lic (supra), the person concerned was practising lawyer. he was appointed as welfare and labour officer by the company for a period of one year on a basic salary of rs. 900/- per month and it was further provided that he will be governed by the .....
Tag this Judgment!Court : Guwahati
..... circumstances which justified the passing of the order for allowing the writ petition with direction to the tribunal for disposal of the appeal on furnishing of the bank guarantee by the company. merely because the tribunal had insisted upon the payment of the amount in terms of proviso to sub-section (5) of section 39 of the act ..... judge as well as division bench are wholly unsustainable and should never have been made.'21. similarly in the case of mahandi coalfields ltd. v. orient paper & industries ltd. as reported in 1995 supp (2) scc 717 the apex court held as follows :'while the purpose of an interlocutory order is to preserve in status quo ..... statute. referring to many fiscal statutes like central excise and salt act, customs act, sales tax of various states and many other similar statutes which mandate deposit of disputed amount as a condition precedent for entertaining appeal, it held that such deposits merely regulates exercise of right of appeal. as regards the merit of the case, .....
Tag this Judgment!Court : Guwahati
..... certain accountants who may be officers, there may be other accountants who are merely clerks. the supreme court, in paragraph-5 pointed out as follows :- '(b) industrial disputes act (1947), section 15 - bank (sastri) award -construction - special allowance to supervisor - workman whether supervisor is mixed question of law and fact - clerks doing work of checking in audit department ..... wherein the employee worked as internal auditor of the company and it was found that he was doing his audit work and he had no independent right or authority to take decision hence, on that background the employee was held to be workman under section 2(s) of the industrial disputes act, 1947. on the other hand, the ..... learned advocate for the petitioner. 10. in 1977 lic (supra), the person concerned was practising lawyer. he was appointed as welfare and labour officer by the company for a period of one year on a basic salary of rs. 900 per month and it was further provided that he will be governed by the .....
Tag this Judgment!Court : Guwahati
..... these terms:''appropriate government' means in relation to any industrial dispute concerning any industry carried on by or under the authority of the central government or by a railway company or concerning any such controlled industry as may be specified in this behalf by the central government, or in relation to an industrial dispute concerning a banking or an insurance company, a mine, an oil field or a major ..... port, the central government.'the argument is that as sugar is a controlled industry under the schedule to the industries (development and regulation) act, no. 65 of 1951, the appropriate government for the purposes .....
Tag this Judgment!Court : Guwahati
..... be deemed to have terminated.27. certain events followed thereupon and ultimately the termination of the employment of 150 employees was questioned by raising an industrial dispute. the tribunal held that the strikes wore illegal and that the bank was entitled to dismiss the employees solely on the ground that the said employees had participated in an illegal strike. the tribunal did not ..... . v. its workmen 1960--i l.l.j. 587 .'in this case miss p. scott was employed by the assam oil company at delhi. on 28 february 1957, her services were terminated by mr. gowan, the delhi representative of the company on the ground that the faults which were pointed out to her earlier, had not been corrected by her and that .....
Tag this Judgment!Court : Guwahati
..... has no jurisdiction to modify or alter any provisions of 5th bipartite agreement which was arrived at under the industrial disputes act. as a result of the 5th bipartite settlement the clerical and subordinate staff of the banks which include the plaintiff too are getting higher benefits in all respects. when a recognised union negotiates with an ..... held in the case of tata engineering & locomotive co. ltd. v. their workmen, (supra) at p 431:'if the settlement had been arrived at between the company and the union of the workers by a vast majority of the concerned workers with their eye open and was also accepted by them in its totality, it must ..... special area allowance which have not been fixed by any agreement under section 18 of the industrial disputes act, 1947, was maintainable and that irreparable injury will be suffered by the employees if a temporary injunction is not granted restraining the bank from depriving the employees of such rates of special area allowance, but in the said .....
Tag this Judgment!Court : Guwahati
..... may issue to such private bodies or persons as there may be statutes which need to be complied with by all concerned including the private companies. for example, there are certain legislations like the industrial disputes act, the minimum wages act, the factories act or for maintaining proper environment, say the air (prevention and control of pollution) act, ..... authority . it can be issued for the enforcement of any of the fundamental rights and for any other purpose. 22. in federal bank limited (supra), the apex court laid down that a private company would normally be not amenable to the writ jurisdiction under article 226 of the constitution of india. it is laid down as follows: ..... the purview of other authorities within the meaning of article 12 of the constitution of india. he also places reliance on the decision of the apex court in federal bank ltd. vs- sagar thomas and ors, reported in (2003) 10 scc 733. 15. under article 12 of the constitution of india, unless the context requires, .....
Tag this Judgment!Court : Guwahati
..... company ltd, v. workmen reported in, (1983) 1 scc 436 and t.c. basappa v. t. nagappa, air 1954 sc 440. 11. lending support to the submissions made by mr. b.c. das, mr. dasgupta has pointed out that an industrial tribunal, while adjudicating upon a reference, has to keep itself confined, in accordance with section 10 of the industrial disputes ..... of the learned tribunal is, submits mrs. hazarika, contrary to the position of law as laid down in s. vijay kumar (supra) as well as in the reserve bank of india (supra) the award needs to be set aside as an error apparent on the fact of the record. 9. controverting the above submissions made on behalf of ..... a view to maintaining efficient working of the corporation. this is, submits mrs. hazarika, the position of law on the subject as has been clarified in the reserve bank of india v. reserve bank of india staff officers association and others, reported in (1991) 4 scc 132. 7. when the ne allowance, submits mrs. hazarika, could not be made .....
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