Court : Chennai
Reported in : AIR1963Mad471; [1963(7)FLR70]; (1963)IILLJ195Mad; (1963)2MLJ6
..... particular dispute which the respective workers had with the banks in which they were employed.it inter alia held that section 10 of the banking; companies act would not preclude the payment of bonus, to the bank employees. it also held that in determining the quantum the formula adopted in other industries for ..... of india constituted a tribunal with mr. k.c. sen, retired judge of the bombay high court as its president to decide certain industrial disputes. about 205 banks were concerned in the reference. one of the questions referred to the tribunal for adjudication was 'bonus including qualifications or eligibility and method ..... industrial tribunal will have to consider how far the full bench formula as laid down in 1950 ii l. l. j. 1247 (tribunal at bom) could be made applicable to banking companies, particularly in regard to the question whether the secret reserves of the bank should be disclosed and be made available for computation of bonus or not. at an earlier stage of this dispute .....
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 : Andhra Pradesh
Reported in : 1997(4)ALT592; (1998)ILLJ23AP
..... allowed. there was no determination in the case as to the jural relationship between the deposit collectors and the bank and there was no examination as to whether they were workmen under section 2(s) of the industrial disputes act. 32. a further question has been raised by mr. k. srinivasa murthy of the deposit collectors being ..... guarantee broker), cashier-contractor, clearing and forwarding agent, auctioneer or any other person, employed by the banking company under a contract otherwise than as a regular member of the staff of the company; or'. 14. there is no dispute that the payment to the deposit collectors is by way of commission on the collections made by them. ..... of and sub-paragraph of the proviso needs extraction. they read : '10. prohibition of employment of managing agents and restrictions on certain forms of employment - (1) no banking company - (a) xxx xxx xxx xxx xxx xxx x (b) shall employ or continue the employment of any person - (i) xxx xxx xxxx (ii) whose remuneration or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1371; [1962]32CompCas514(SC); [1962]Supp3SCR632
..... industrial tribunal adjudicating upon industrial disputes seeking to do social justice may be inapplicable to courts of law adjudicating upon the rights of a citizen to carry on his trade and avocation or not. 97. next case cited was sajjan bank v. reserve bank : (1959)2mlj455 . that was a case where the validity of s. 22 of the banking companies ..... was a matter in regard to the provisions s. 34a of the banking companies act, sub-s. (1) of which gives immunity under certain circumstances to books and accounts of a banking company against production and inspection in a proceeding before the industrial tribunal and sub-section (2) of which provides that if in ..... any proceedings in relation to any company other than the reserve bank any question arises whether the amount of reserves should be .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC4325; 97(2004)CLT363(SC); [2004]120CompCas63(SC); 2003(4)CTC418; JT2003(Suppl1)SC470; 2003(3)KLT876(SC); (2004)ILLJ161SC; 2003(8)SCALE143; (2003)10SCC733; 2004(1)S
..... 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 air (prevention and control of ..... central government exercise all pervading functional, fiduciary and managerial control over the banking industry. every banking company is duty bound to carry on banking business as per the banking policy under stringent control of the reserve bank in the interest of banking system or in the interest of monetary stability of sound economic growth ..... interests of the banking company; or(c) to secure the proper management of any banking company generally, it is necessary to issue directions to banking companies generally or to any banking company in particular, it may, from time to time, issue such directions as it deems fit, and the banking companies or the banking company, as the .....
Tag this Judgment!Court : Gujarat
Reported in : [1999]97CompCas301(Guj); (1998)2GLR1436
..... any of the rights or obligations created by the industrial disputes act, the only remedy is to approach the forums created by the said act.' 41. the thrust of the submissions of learned counsel for the plaintiff is that the remedy under section 155 of the companies act regarding rectification of register of members (which provisions ..... rights and liabilities flowing from the provisions of the companies act and, therefore, the forum created under the companies act alone has the jurisdiction to entertain such disputes and not the civil court. for this purpose reliance is placed on the decision of the apex court in canara bank v. nuclear power corporation of india ltd. [1995 ..... inquire into the allegation of the petitioner. the court's jurisdiction would not be lost merely because third parties are required to be impleaded. 45. in canara bank v. nuclear power corporation of india ltd. [1995] 84 comp cas 70 (sc) also, the supreme court has recognised the wide jurisdiction under section 155 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1950]SuppSCR317
..... march and 24th march as they failed to do so. the central government constituted a tribunal consisting of three persons for the adjudication of industrial disputes in banking companies under section 7 of the industrial disputes act (xiv of 1947). the disputes mentioned in schedule ii of the notification were referred under section 10 of the act to this tribunal item 18 of this schedule reads as ..... of january, 1950. the tribunal was constituted by the central government under section 7 of the industrial dispute act and a large number of dispute between several banking companies and their employees were referred to it for adjudication. amongst these banking companies were the bharat bank limited, the appellants before us, and the disputed between them and their employees, who are respondents in this appeal, related inter alia to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC276; (1957)ILLJ455SC; [1957]1SCR220
..... well organised and their managements were in possession of resources; (2) the adjudication by a labour court or industrial tribunal was a compulsory adjudication in the interests of the public, and as disputes relating to banking companies, with establishments in more than one state, were referred to the tribunal by the central government, the circumstance that various workmen residing in various states were compelled ..... government of india, ministry of labour, appointed shri ram kanwar, respondent no. 1, as the industrial tribunal for the adjudication of a dispute which had arisen between the appellant and its workmen in respect of the following matter : 'absorption of bharat bank employees in the punjab national bank ltd., and their service conditions.' 2. on april 17, 1954, in the course of certain preliminary .....
Tag this Judgment!Court : Delhi
Reported in : AIR1990Delhi186; II(1992)BC546; [1992]73CompCas630(Delhi)
..... april, 1978 (ex. pw5/ 4-x) to the effect that in joint meeting of the representatives of the corporation, industrial development bank of india, union bank of india and mr. saraogi held on 7th april, 1978, a decision had been taken that company's day to day affairs will be looked after by the management committee to be constituted by the corporation. he ..... requisite notice of terminating the loan, and recalling the advance as contemplated by s. 29 of the act has been given, then no defense remains open to the industrial concern or the company, and any alleged breach by the corporation cannot be urged to resist the claim of the corporation, brought by means of a petition under s. 30 of ..... in also liable to be reduced to 6% p.a. under the provisions of the interest act.15. on facts, the statutory status of petitioner 1 is not disputed nor the execution of the loan agreement or the creation of the charge as security for repayment of the loan and other dues by way of equitable mortgage as well .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1244
..... compulsorily will be a breach of the right to form the association.35. in all india bank employees' association v. the national industrial tribunal (bank disputes) bombay and ors. : (1961)iillj385sc the constitutional validity of section 34-a of the banking companies act, 1949 was challenged which absolved the banks from the obligation of disclosure of the quantum of their secret reserves or their nature or as ..... regards the provision made for bad and doubtful debts. the bank employees' association claimed before the national industrial tribunal (bank disputes), which was constituted by the central government under section .....
Tag this Judgment!