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Judgment Search Results Home > Cases Phrase: industrial disputes banking companies decision act 1955 section 4 duration of the award Page 8 of about 275 results (1.541 seconds)

Dec 18 1995 (HC)

Chief General Manager, State Bank of India Vs. Presiding Officer, Indu ...

Court : Chennai

Reported in : [1996(74)FLR2295]

..... bank, be taken into account while deciding the nature of the punishment. 4. the employer after considering the reply and the report of the enquiry officer which held him guilty of the charges, dismissed him from service. the appeal against the order of dismissal was also rejected. the workman thereafter raised an industrial dispute, ..... found guilty of the offence and would have been disentitled to be in the bank's employment on account of the conviction for moral turpitude. 10. counsel referred to section 10 of the banking regulation act, 1949, which prohibits the employment in banking company, of any person who has committed an offense involving moral turpitude. counsel, therefore ..... ground that he had committed theft of canteen coupons of the value of rs. 24.48. this court upheld the dismissal and observed : 'if the company instead of launching criminal prosecution chooses to proceed by domestic enquiry, there is very little scope for generosity to be shown or to bring into existence minor .....

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Apr 05 1983 (HC)

Hyderabad Karnataka Education Society, Gulbarga and ors. Vs. State of ...

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 .....

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Sep 18 2009 (HC)

Eicher Motors Limited Vs. the Presiding Officer, Labour Court and anr.

Court : Punjab and Haryana

Reported in : (2009)156PLR660

..... order of transfer was illegal and unwarranted to an objection raised by the management that the workman did not conform to the definition as such under the industrial disputes act, the labour court held without much discussion that he was a workman. the management assailed the finding of the labour court among other grounds contending ..... that the general manager of etl, parwanoo was not competent to transfer from one division to another division in the absence of rules and regulations of the company for inter-divisional transfers. according to the petitioner, a mere clause for transfer in order of appointment would not do. the entire salary structure/salary package ..... to anyone and working on a clerical cadre only as his functions include book writing, preparation of trial balances, vouchers, audit schedule, verification of cash vouchers, bank reconciliation and cashier job, etc. it was also alleged by him that his seniors used to assign him work. this aspect of his evidence had not been .....

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May 08 1981 (HC)

Wire Netting Stores Delhi and anr. Vs. the Regional Provident Fund Com ...

Court : Delhi

Reported in : 20(1981)DLT18; [1981(43)FLR158]; 1981LabIC1015; (1982)ILLJ7Del

..... substantial question of law. there is thus ample safeguard made by the employees' state insurance act for proper adjudication .and effective hearing. similarly, quantification under the industrial disputes act could be referred to labour. courts or tribunals which are manned by duly qualified persons, as provider by the statute itself. the payment of wages ..... option but to pass an order winding up the banking company when the application is made by the reserve bank was not ultra virus either article 14 or art. 19 of the constitution. the court observed that the exclusion of courts is ..... india and others, : air1962sc1371 (5). the question-before the constitution bench was whether the provision in the banking companies' act, 1949 making the reserve bank the sole judge to decide whether the affairs of a banking company were being so conducted as to be prejudicial to the. interests of the depositors and the court has no .....

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Jan 24 1972 (HC)

P.J. Thomas and anr. Vs. the Union of India (Uoi) and ors.

Court : Kerala

Reported in : (1972)IILLJ312Ker

..... may be, in the transferee bank at the same remuneration and on the same terms and conditions of ..... is satisfied of certain matters in regard to any banking company. the scheme may, among other things, make provision for the continuance of the service of all the employees of the banking company excepting such of them as, not being workmen within the meaning of the industrial disputes act, 1947, are specifically mentioned in the scheme, in the banking company itself on its reconstruction or, as the case .....

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Dec 06 2001 (HC)

James P.J. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : [2002(95)FLR572]; (2002)IIILLJ722Ker

..... the services of all the employees of the banking company (excepting such of them as not being workmen within the meaning of the industrial disputes act, 1947, are specifically mentioned in the scheme) in the banking company itself on its reconstruction or, as the case may be, in the transferee-bank at the same remuneration and on the same ..... has dismissed them. being aggrieved, the appellants are before this court.6. section 45 of the banking regulation act, 1949, empowers the reserve bank of india to apply to the central government for suspension of business by a banking company, and to prepare a scheme of reconstitution or amalgamation. sub-section (5) of section 45 ..... compared to the employees of the same grade, same qualification and same experience of the transferee-bank. the dispute before us is as to the manner of placing of the employees of the transferor-bank in the transferee-bank by finding out the equivalence of qualification and experience. mr. babu thomas complained that there is .....

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Sep 23 1993 (HC)

Bata India Ltd. Vs. Seventh Indl. Tribunal and ors.

Court : Kolkata

Reported in : (1993)2CALLT386(HC),1993(2)CHN464,98CWN659,(1995)ILLJ144Cal

..... an order dated 26th of december, 1984 and on the same day an application was made under section 33(2)(b) of the industrial disputes act by the writ petitioner company before the 7th industrial tribunal, west bengal for approval of such order. by an order dated september 20, 1988 tribunal rejected the said application and refused to accord approval to such order of ..... said act by the tribunal although may make the order of dismissal void ab-initio, as held by the supreme court in the case of p.d. sharma v. state bank of india and the workman concerned deems to continue in service, the same is really by a fiction of law. factually and effectually, however, the workman concerned is restored back ..... of section 17b of the said act.7. it is true, as pointed out by mr. ginwala, that the supreme court in the case of p.d. sharma v. state bank of india reported in (1969-i-llj-513) has held inter alia that if the approval under section 33(2)(b) of the said act is not accorded, the action .....

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Mar 11 1998 (HC)

Dipankar Sengupta and anr. Vs. United Bank of India and ors.

Court : Kolkata

Reported in : [1998(79)FLR212],(1999)ILLJ208Cal

..... authority could not have consulted the central vigilance commission. in ramkumar v. state of haryana (supra), the apex court was dealing with a matter under the industrial disputes act. the apex court has laid down the law in the following terms at p. 505-506: 'in view of the contents of the impugned order, ..... consideration or such recommendations were made with any ill motive or malafide. it is further not disputed that the 18 companies said to be connected with hemraj mahabir prasad group had been enjoying the substantial credit facilities with the bank. 12. the entire charges levelled as against the writ petitioners would show that they were ..... runs as under: 'misconduct' means, misconduct arising from ill motive; acts of negligence, errors of judgment, or innocent mistake, do not constitute such misconduct. in industrial jurisprudence amongst others, habitual or gross negligence constitute misconduct but in utkal machinery ltd. v. workman, miss shanti patnaik (1966-i-llj-398) (sc), in the .....

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Aug 01 2013 (HC)

S.Balasubramanian Vs. State of Tamil Nadu

Court : Chennai

..... the constitution of india, then, the argument of mr.k.m.ramesh, the learned counsel for the respondents 2 and 3 that in section 32 of the industrial disputes act, the phrase, ".as well as the company". is found missing does not merit any consideration.26. as a matter of fact, in the judgment of the full bench of the hon'ble supreme ..... and/or other officers who are responsible for the acts of the company and, therefore, a prosecution against the directors or other officers is tenable even if the company is not arraigned as an accused. the words as well as have to be understood in the context.57. in reserve bank of india v. peerless general finance and investment co. ltd. and others .....

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Aug 03 1993 (HC)

Reserve Bank of India Vs. State Bank of India

Court : Mumbai

Reported in : [1996]85CompCas554(Bom)

..... (14 of 1947), are specifically mentioned in the scheme) in the banking company itself on its reconstruction or, as the case may be, in the transferee-bank at the same remuneration and on the same terms and conditions ..... though a foreign company is a banking company for the purposes of the said banking act and as such section 45 of the said banking act applies. section 45(5)(i) of the said banking act reads as under : '(i) the continuance of the services of all the employees of the banking company (excepting such of them as not being workmen within the meaning of the industrial disputes act, 1947 .....

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