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State Bank of India Vs. the Presiding Officer, Central Government Labo ...

Court : Supreme Court of India

Reported in : AIR1972SC2189; 1972LabIC991; (1972)IILLJ157SC; (1972)3SCC595; [1973]1SCR126

..... 1955 the commission made its report which were incorporated in the industrial disputes (banking companies decision) act (xli of 1955 ..... on a dispute being referred under section 33c(2) of the industrial disputes act, the labour court, delhi accepted the respondent's case that) his pay ..... the high court referred to paragraph 91 in which it was mentioned that gupta award had reduced the four cadres of clerks with different grades of pay employed by imperial bank of india into two grades, namely, the junior clerks and senior clerks and though para 531 has used expressions like 'officers grade' and 'clerical grade' it is not possible to ..... the 2nd respondent disputed the computation of the benefits admissible to him under the award and consequently applied for a settlement of his dispute under section 33c(2) of the industrial disputes act (xiv of 1947) which was ..... bank was subsequently taken over by the state bank of india under the state bank of india act (act xxiii of 1955 ..... those fixed by the award of an industrial tribunal known as gupta award admissible to the employees of the imperial bank of india, as it then was. ..... while replying to the submissions of the second respondent who presented his case personally, raised for the first rime a contention based on clause (2) in support of which he cited the decision of this court in state bank of india v. ..... section ii-for workmen who entered service of the bank before 31st january 1950-(1) the workman's basic pay as on 31st january 1950 shall not .....

Krishna Mohan Mookherjee Vs. Secretary and Treasurer, State Bank of In ...

Court : Supreme Court of India

Reported in : AIR1983SC324; 1983LabIC307; (1983)ILLJ228SC; 1983(1)SCALE33; (1984)1SCC191

..... 127 of 1962memorandumto : the agents of | from : state bank of india, staff section all bengal circle | calcutta july 4, 1962 asar 13 1884 branches | (saka) staff-miscellaneousthe industrial disputes (banking companies),decision act 1955disciplinary actionwith reference to our circular memorandum b. no. ..... he was of the view that the amending act of 1955 retained the said regulation 50 of the imperial bank act in the state bank of india act itself and in that view of the matter, the employee could be dismissed only in accordance with the provisions of the said regulation.14. ..... though no statutory regulation regarding the authority competent to pass an order of dismissal could be pointed out but reliance was placed on regulation 50, which we have earlier noticed, stands repealed, we may refer in this connection to regulation 55 which reads as follows :(1) save as provided in sub-regulation (2), and as may be directed by the central board, a local board may exercise all the powers of the state bank in respect of the staff serving the areas in its jurisdiction. ..... we have earlier noticed that the said regulation stands repealed and was not there at the material time.17. ..... as by the amending act of 1960, regulation 50 on which the learned single judge had relied had been repealed, no reliance could be placed on the said regulation in deciding the question as to who is the authority competent to dismiss the employee.16. .....

All India Bank Employees' Association Vs. National Industrial Tribunal ...

Court : Supreme Court of India

Reported in : AIR1962SC171; [1962]32CompCas414(SC); [1961(3)FLR307]; (1961)IILLJ385SC; [1962]3SCR269

..... the industrial disputes act defines a 'banking company' in section 2(b) as follows : 'banking company means a banking company as defined in section 5 of the banking companies act, 1949, having branches or other establishments in more than one state and includes the state bank of india and the reserve bank of india. ' 41. ..... the point arising for decision in the appeal is as regards the constitutional validity of section 34a of the banking companies act, 1949 which was enacted on august 26, 1960 as an amendment to the parent act (act x of 1949). ..... the matter in controversy before him; and (b) that the adjudicator by whom the controversy between the parties should be decided should be an impartial person or body who would render the decision or award after fully hearing the parties, and that no matter in controversy should be the subject of ex parte decision by an interested party or without the disputants having an opportunity to know the materials on which the decision is reached, as also an opportunity to place their case with reference to such material. ..... of the supreme court were referring to as a fundamental right was not with reference to a fundamental right as recognized or guaranteed by the constitution, but in the sense of a right of the unions which enacted law recognized or respected, and as other decisions of the united states' supreme court show, was subject to regulation by the legislature (vide weaver constitutional law and its administration (1946) p. .....

Andhra Bank and anr. Vs. P. Balakrishna (Died) by Lrs.

Court : Andhra Pradesh

Reported in : 2005(3)ALD686; 2005(3)ALT771

..... by section 3 of the industrial disputes (banking companies) decision act, 1955, it was provided that the decision of the labour appellate tribunal, dated 28-4-1954, would have effect as if the modifications recommended in chapter xi of the bank award commission report had actually been ..... commission after considerable labour and gathering material made its reports on 25-7-1955 making certain recommendations which were subsequently embodied by the government in the industrial disputes (banking companies) decision act (41 of 1955). ..... was thereafter replaced by the industrial disputes (banking and insurance companies) act, (liv of 1949).9. ..... same day, the central government in exercise of the powers conferred by clause (c) of sub-section (1) of section 10 of the industrial disputes act, 1947, as it then stood, referred the disputes between the numerous banking companies and their employees for adjudication by the said tribunal. ..... is popularly known as sastry tribunal on the same day, in exercise of the powers conferred by section 10 of the industrial disputes act, 1947, the central government referred to the sastry tribunal for adjudication of disputes relating to numerous banks including banks situated in the then existing part 'b' states and their workmen in connection with 34 different items. ..... an application was made by the appellants-bank for according approval under section 32(2)(b) of the industrial disputes act before the industrial tribunal (central), at hyderabad, since i.d. .....

Kendriya Sarvodaya Sahkari Sangh Ltd., Jaipur Vs. Shri Jawan Singh and ...

Court : Rajasthan

Reported in : AIR1968Raj33; (1967)ILLJ270Raj

..... in that case the bombay industrial disputes act was made applicable to the business of banking companies and the question was whether that notification applied to the particular bank which was doing banking business and the court, held that it did apply to that society; and what we pointed out in the judgment was that section 54 would not apply to a case like this, because the questions that arose under the industrial disputes act are not matters which can be dealt with by a civil ..... of a manage on 23-12-61 that is, prior to the disciplinary proceedings being taken against him, the nature of the duties subsequentlv performed by him had to be taken into consideration for seeing whether he was a workman within the meaning of section 2(s) of the industrial disputes act, 1947 the tribunal then made a survey of the various duties that shri jata shankar had been performing since 23-12-61 and came to the conclusion that he was only discharging the duties of a clerk and consequently ..... kasliwal has placed reliance on two decisions of the bombay high court reported as g.i.p. ..... on the whole, i would hesitate to hold that section 54 has been abrogated in the case of a dispute between a co-operative society and its employees, unless there was a clear provision of law co that effect, and i do not see such a clear provision of law in section 38 of the bombay shops and establishments act and the notification dated march, 3, 1955, issued by government. ..... majumdar, (1955-57 bom lr 1097). .....

Anantray Jatashanker Trivedi Vs. Bank of Baroda

Court : Gujarat

Reported in : (1979)1GLR597

..... between the parties in pursuance of a settlement arrived at between certain banking companies and their workmen, as per the memorandum of settlement arrived at on 19-10-66 before the chief labour commissioner (central) new delhi in an industrial dispute between the managements of the banks as represented by the indian banks' association, bombay and the bombay exchange banks association, bombay and their workmen as represented by the all india bank employees' association and all india bank employees' federation over the various issues such as terms and ..... mankad in reply submitted that the bank being a state in terms of article 13 of the constitution, could be proceeded against by a writ petition, even though the industrial dispute could have been raised and the petitioner's grievance might have been redressed. mr. ..... mankad, however, urged that this bi partite settlement, which was matfein the year 1966 when the banks were private banking companies, assumed the character of a regulation by virtue of section 19 of the banking companies (acquisition and transfer of undertakings) act, 1970. ..... on 26-3-73, the petitioner was told that a decision was reached to hold the departmental enquiry and one mr. i.c. ..... that being the situation, the ratio of the supreme court decision would clearly apply. .....

Management of Peerless General Finance and Investment Co. Ltd. and anr ...

Court : Orissa

Reported in : 93(2002)CLT534; [2002(95)FLR939]

..... in 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. ..... of section 4 of the industrial disputes (banking companies). ..... were written by the labour authorities for enforcement of the award in full the same was not enforced, as a result of which complaint was filed for non-compliance of the award alleging offence under section 29 of the industrial disputes act and on the basis of such complaint learned magistrate took cognizance on 30.4.96 which is the subject matter of challenge in this application.3. ..... act held as follows :'it is said that the non-obstante clause 'notwithstanding anything contained in the industrial disputes act, 1947' makes the provisions of section 19(6) inapplicable to ..... section 17-a of the industrial disputes act (hereinafter called as 'the act'( prescribes time when the ..... cuttack as well as the order taking cognizance dated 30.4.96 for the offence under section 29 of the industrial disputes act, 1947.2. ..... terminated from service with effect from 1.12.81 and dispute with regard to termination was referred to industrial tribunal orissa for adjudication vide industrial dispute case no. ..... in the said industrial dispute case the award was passed on 30.5.1988 holding the termination to be illegal and unjustified and the tribunal in the said award directed the following :'the refusal of employment to the third-party workman .....

The Central Bank of India Vs. their Workmen

Court : Supreme Court of India

Reported in : AIR1960SC12; [1959]29CompCas367(SC); [1960]1SCR200

..... it is clear that the commission did not make any recommendation in respect of the bonus claim and the industrial disputes (banking companies) decision act, 1955, does not affect the present appeals; that act merely gave effect to the modifications recommended by the commission, but did not give the decision of the labour appellate tribunal any higher sanctity as a statutory enactment. ..... thereafter, the industrial disputes (banking companies) decision act, 1955 (xli of 1955) was passed to provide for the modification of the decision of the labour appellate tribunal in accordance with the recommendations of the commission. ..... learned counsel for the respondents had himself suggested in the course of his arguments that having regard to the legislative history of the enactment, the section was intended to prevent banks from having managers, by whatever name they might be called, who were paid by commission or a share in the profits; and yet the bank can make such payment if it adopts the subterfuge of not saying anything about such payment in the contract of service. 25. ..... it repealed the whole of part xa of the indian companies act, 1913 including s. ..... ' the indian companies act, 1913 itself stood repealed by the indian companies act, 1956 (1 of 1956). 19. .....

Ksl and Industries Ltd. Vs. M/S. Arihant Threads Ltd. and ors.

Court : Supreme Court of India

..... or consideration or a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956) or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding-up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof and no suit for ..... in view of a difference of opinion having arisen on the interpretation of section 34 of the recovery of debts due to banks and financial institutions act, 1993 (hereinafter referred to as the `rddb' act) the matter has been referred for decision to this bench by the hon ble chief justice of india.2. ..... the industrial disputes act, 1947 (the id act) and the life insurance corporation act, 1956 (the lic act), was a special law. ..... the black s law dictionary sets forth the following meaning for derogation : the partial repeal or abrogation of a law by a later act that limits its scope or impairs its utility and force. ..... since the company failed to repay loan installments, idbi filed original application no.1368 of 2001 on december 20.12.01 in debt recovery tribunal, chandigarh (`drt' for short) for recovery of rs. .....

Umendra Kumar Tandon Vs. Chairman, Bank of Baroda and anr.

Court : Uttaranchal

Reported in : 2007(2)AWC1334

..... the proceedings before the labour court, it is stated in the rejoinder-affidavit, that only proceedings under section 33(c)(ii) of the industrial disputes act, 1947, were initiated for payment of the wages and the dismissal order was not challenged, before said ..... criminal court, though, has been acquitted by the appellate court, his case is covered under the aforesaid provision, as such, section 10 of the banking regulation act, 1949, bars the banking company, now, to employ the petitioner.8. ..... stated that bank of baroda is a nationalized bank under the banking company (acquisition and transfer of undertakings) act, 1970, whereas, nainital bank ltd. ..... :(i) who is, or at any time has been, adjudicated insolvent, or has suspended payment or has compounded with his creditors, or who is, or has been, convicted by a criminal court of an offence involving moral turpitude ; or(ii) ...the aforementioned provision of banking regulation act, 1949, makes it very clear that there is prohibition for the banking company to employ or to continue in employment, a person who has been convicted, by a criminal court. ..... the said case law, this court did not find any ratio or discussion on the point, whether a writ can be entertained against a private banking company or a banking company who is subsidiary of a nationalized bank. ..... the petitioner further argued that that the restriction is applicable only in respect of the persons, who are seeking recruitment in the banking company and not to reinstatement. .....