Court : Karnataka
Reported in : 1999(4)KarLJ628
..... have been found to be consistently in struggle for the grant of pension in lieu of the service rendered by them in the banks. such claims were referred and amicably settled under the industrial disputes act. the grant of the pension to the persons like the writ petitioners could not, therefore, be held to be a ..... that pursuant to the settlement dated 29-10-1993 the ida had submitted draft pension regulations for implementation after following the procedure prescribed under section 19(1) of banking companies (acquisition and transfer of undertakings) act, 1970/1980. annexure-v attached to the annexure-f referred to the pension scheme reiterated what was stated in the ..... sub-regulation shall not apply to an employee who seeks retirement from service for being absorbed permanently in an autonomous body or a public sector undertaking or company or institution or body, whether incorporated or not to which he is on deputation at the time of seeking voluntary retirement: provided that this sub- .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR2553; 1998(6)KarLJ181; (1999)ILLJ19Kant
..... undertaking, the provisions of section 25ff of that act will apply. as a workman, he will under section 25ff of the industrial disputes act, become an employee of the new employer, viz., the company, which takes over the undertaking from the government which is the previous employer'.34. in its recent decision in the case of ..... 1947. this question was examined by the supreme court in the context of various provisions and the statutes by which the said banks were created i.e., state bank of india act, 1955 and the banking companies acquisition and transfer of undertaking act, 1970. evidently the said question has little relevance to the question involved for decision in ..... one hand, and the individual shareholders and their actions, assets, rights and liabilities on the other. (see ebm company limited v dominion bank). so, it legally follows that lifting of the corporation veil of a company as a rule is not permissible in law unless otherwise provided by clear words of the statute or by very .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1983Kant251
..... in the case of all india bank employees' association v. national industrial tribunal, bombay : (1961)iillj385sc . that was a case arising under the industrial disputes act wherein right under article 19 of the constitution vis-a-vis appellant's assertions were examined. it was therein held that section 34-a of the banking companies act, 1949 did not contravene article ..... entitled to protection of article 19. that individual right is not lost by reason of the fact that he is a share-holder of a company. the bank nationalisation case (supra) has established the view that the fundamental rights of share-holders as citizens are not lost when they associate to form a ..... under articles 19(1)(f) and 19(1)(g) of the constitution. in the bank nationalisation case (supra) the petitioner was a share-holder and a director of the company which was acquired under the statute. as a result of the bank nationalisation case (supra) it follows that the court finds out whether the legislative measure directly .....
Tag this Judgment!Court : Karnataka
Reported in : [2006(108)FLR306]; ILR2005KAR5110; (2006)IILLJ151Kant
..... section 33(1)(a) of the act imposes restriction on the power of the employer to alter the service conditions applicable to the employees of the companies during the pendency of any industrial dispute either before a conciliation officer or the board or of any proceeding before the labour court or tribunal or a national tribunal or the arbitrator in ..... act, it must be held that such orders of transfers are inoperative and void in law. the hon'ble supreme court in the case of jaipur zilla sahakaribhoom vikas bank ltd. (supra) while considering the effect of an order made under section 33(2)(b) of the act has taken the view that the order made in ..... supreme court in the case of jaipur zila sahakaribhoomi vikas bank ltd. v. ramgopal sharma and anr., 2002-1-llj 834. it is his submission that since the appellants had transferred the workmen from their companies to outside agency, the workmen were fully justified in not reporting to the companies to which they were transferred as in that event .....
Tag this Judgment!Court : Karnataka
Reported in : (1969)ILLJ279Kant; (1966)2MysLJ161
..... individual employee against the order of his employer dispensing with his services under s. 41(2) of the act is not taken away by the provisions of the industrial disputes act or the industrial disputes (banking and insurance companies) act, 1949. the madras act provides a cheap remedy for an aggrieved workman to approach directly the labour commissioner. it has no reference to a joint claim ..... made by a number of workmen or a group of workmen against the management. it does not however debar the state government from making a reference of an industrial dispute to .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1982KAR622; (1982)ILLJ268Kant
..... syndicate bank, [1979-ii l.l.j. 176]. it should also be pointed out that as the petitioner held the lower post on permanent basis, if he had been reverted to the post of head store keeper, he would have been a workman as defined in the industrial disputes ..... beml and the hmt expressly state that the power under the rules is exercisable in the interest the company. the impugned rules of the bank and the agro-industries corporation submitted that even in the absence of the use of such an expression, the power is ..... permanent employees. the impugned rules under which their services have been terminated and other relevant service rules in respect of case of the companies and the bank are as set out in the statement below : ---------------------------------------------------------------------------sl. rules the beml the hmtno.---------------------------------------------------------------------------1. 2. 3.---------------------------------------------------------------------------1. rule .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1978Kant148; ILR1978KAR605; 1978(1)KarLJ302
..... consensual pertains to the rights of the latter category. the law on this question has been succinctly summarised by the supreme court in all india bank employees' association v. national industrial tribunal (bank disputes) bombay, : (1961)iillj385sc thus: 'the resulting position may be illustrated thus: if an association were formed for the purpose of carrying ..... through their newspapers through which they speak. the press reaches the public through the newspapers. the shareholders speak through their editors. the fact that the companies are the petitioners does not prevent this court from giving relief to the shareholders, editors, printers whohave asked for protection of their fundamental rights by ..... upon their rights. the locus standi of the shareholder petitioners is beyond challenge after the ruling of this court in the bank nationalisation case (supra). the presence of the company is on the same ruling not a bar to the grant of relief.'the decision next relied upon by the learned .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2008Kant93; ILR2008KAR756; 2008(3)KarLJ507; 2008(1)KCCR554; 2008(2)AIRKarR374; AIR2008Kar93; 2008(4)CivilLJ786; 2008LabIC(NOC)687(Kar)(DB)
..... taking into consideration the certificate obtained under section 33-c(1) of the industrial disputes act from the labour court, by the workmen of the respondent establishment, has held that they should have priority in proceeds of sale of assets, brought about by a co-operative bank, as a secured creditor. the provisions of section 29 of sfc act ..... its rights under section 29 of the sfc act, be ordered to be paid by it, to the workmen of the industrial concern, by applying the provisions of section 529a of the companies act, when the industry/company, is not under winding up proceedings?3) whether the learned single judge is justified in directing the corporation to satisfy the ..... 29 of the sfc act. it is to be made clear that if the winding up proceedings had commenced and official liquidator had put in charge of the industry-company, distribution of the proceeds of sale of the assets held at the instance of the financial corporation coming under the purview of the sfc act, could have been .....
Tag this Judgment!Court : Karnataka
Reported in : [1993]76CompCas119(Kar); ILR1992KAR2207; 1993(2)KarLJ367
..... piece-work and salary earned wholly or in part by way of commission of any workman, in respect of services rendered to the company and any compensation payable to any workman under any of the provisions of the industrial disputes act, 1947 (14 of 1947) ;(ii) all accrued holiday remuneration becoming payable to any workman, or in the case of his death to ..... liquidation), made under clause (b) of sub-section (2) of section 446, narayan pai j. who decided that case held that the bank of maharashtra, being a mortgagee of immovable properties and hypothecate of movable properties of the company (in liquidation), in exercise of the rights and powers conferred upon it by the mortgagor under the hypothecation documents, is entitled to take .....
Tag this Judgment!Court : Karnataka
Reported in : 2012(3)KCCR2092
..... the co-operative bank, a dispute can be raised under section 70 of the co-operative societies act for recovery of the said amount. the meaning of banking company must necessarily be strictly confined to the words used in section 56 of the banking regulation act, 1949. it was easy for the parliament to say that banking company shall mean 'banking company' as defined ..... w.p.no.2755/08 are set out to have a factual background.factual matrix4. the karnataka rajya kaigarika sahakara bank niyamita for short hereinafter referred to as the "bank", advanced loan to m/s. high tech industries, a registered partnership firm. the firm committed default in repayment of loan. a demand notice was forwarded to the ..... 6. the authorised officer purporting to exercise his powers under section 13(2) of the act, issued notice dated 01.01.2004 to m/s. high tech industries, calling upon it to discharge the loan borrowed by it with interest thereon, within 60 days from the date of the notice. a copy of the said .....
Tag this Judgment!