Court : Kolkata
Reported in : (2003)3CALLT414(HC),(2004)IILLJ103Cal
..... virtue of section 8 of west bengal act 57 of 1980 [the industrial disputes (west bengal amendment) act, 1980] a new section 17-b was inserted in the said act after section 17-a. ..... the learned senior advocate for the writ petitioner, has drawn the attention of the court to section 17-aa which was inserted in the said act by section 4 of the west bengal act 34 of 1983 [the industrial disputes (west bengal amendment) act, 1983]. ..... the learned senior advocate for the writ petitioner referred to rule 27 of the west bengal industrial dispute rules, 1958 (hereinafter referred to as the said rules). ..... the terms 'award' and 'industrial dispute' have been defined in the act as follows:'award' means an interim or a final determination of any industrial dispute or of any question relating thereto by any labour court, industrial tribunal or nation industrial tribunal and includes an arbitration award made under ..... 17-b which was inserted in the said act after section 17-a by virtue of section 8 of west bengal act 57 of 1980 was subsequently renumbered as section 17-aa of the said act by virtue of section 4 of west bengal act 34 of 1983. ..... 'determination' used in section 2(b) of the said act contemplated by the definition is of the industrial dispute or a question relating thereto, on merits. ..... both west bengal act 57 of 1980 and west bengal act 34 of 1983 received the requisite assent of the president of ..... this west bengal act 57 of 1980 received the assent of the president of india vide notification .....
Tag this Judgment!Court : Kolkata
Reported in : [1990(60)FLR397],(1991)ILLJ85Cal
..... under section 8 of the industrial disputes (west bengal 2nd amendment) act, 1980 it is provided as under:after section 17-a of the principal act, the following section shall be inserted:'17-b-pronouncement and commencement of award, etc. ..... the learned tribunal also referred, inter alia, to rule 27 of the west bengal industrial disputes rules, 1958 which, inter alia, provides that no application for review under clause (iii) shall be entertained on the expiry of 15 days from the date of the award.4. mr. ..... rule 20-a of the west bengal industrial disputes rule, 1958, hereinafter referred to as the rules, provides that upon receipt of a reference from the government under section 10, the industrial tribunal/labour court concerned shall issue notice in form d-2 upon the parties to the dispute as mentioned in the order of reference, requiring them to appear before it on a specified date either by themselves or through their authorised representative for necessary directions.clause (1) of rule 20-b of the rules provides as under:'(1) the industrial tribunal/labour court shall ..... jatin ghosh, bar at law, appearing on behalf of the respondents, referred to sub-section (3) of section 20 of the industrial disputes act to show that the proceedings before a tribunal shall be deemed to have concluded on the date on which the award becomes enforceable under section 17-a. mr. .....
Tag this Judgment!Court : Kolkata
Reported in : [1990(60)FLR874],(1994)IIILLJ423Cal
..... 3 filed an application under section 15(2)(b) of the west bengal industrial disputes (second amendment) act, 1980 ('act' for short) praying for grant of interim relief to the workman ..... days from the date of order referring such industrial dispute or within such shorter period as may be specified in such order, the quantum of interim relief admissible, if any:provided that the quantum of interim relief shall, in the case of discharge, dismissal or retrenchment of a workman from service or termination of service of a workman, be equivalent to the subsistence allowance admissible under the west bengal payment of subsistence allowance act, 1969 (west bengal act xxxviii of 1969)'.4. the above sub- ..... 3 thereafter raised an industrial dispute in respect of his dismissal and ultimately the government of west bengal by its order dated december 27, 1983 referred the following issue to the fifth industrial tribunal, west bengal, for adjudication:'whether the dismissal of sri pijus kanti ghosh ..... far as it is relevant for our present purpose reads as under:-'15(2) - where an industrial dispute has been referred to a labour court or tribunal under sub-section (1) of section 10, ..... follows:'in construing a social welfare legislation, the court should adopt a beneficent rule of construction; and if a section is capable of two constructions, that construction should be preferred which fulfills the policy of the act, and is more beneficial to the persons in whose interest the act has been passed .....
Tag this Judgment!Court : Kolkata
Reported in : [1991(63)FLR816],(1993)IIILLJ192Cal
..... subsequently, on or about 25 may 1987, respondent 2 workman made an application before respondent 1 claiming interim relief under the provisions of section 15(2)(b) of the 1947 act as inserted by section 7 of the industrial disputes (west bengal second amendment) act, 1980, hereinafter referred to as the west bengal act. ..... that respondent 2 was not entitled to take the benefits under the provisions of section 15(2)(b) of the 1947 act as introduced into the statute by the west bengal act of 1980, as the said section has been rendered inoperative by parliament with effect from 21 august 1984 by section 10 of the industrial disputes (amendment) act, 1982, which received the assent of the president on 31 august 1982 but was brought into force by notification on 21 august 1984 is concerned, brilliant arguments were made on behalf of both the sides. 12. ..... section 15 of the act as it stood before its amendment by the west bengal legislature by the 1980 act read as follows: '15 duties of labour courts, tribunals and national tribunals - where an industrial dispute has been referred to a labour court, tribunal or national tribunal for adjudication it shall hold its proceedings expeditiously and shall, as soon as it is practicable on the conclusion thereof, submit its award to the appropriate government.' 18. .....
Tag this Judgment!Court : Kolkata
Reported in : 98CWN1042,[1995(70)FLR1031],(1995)IILLJ612Cal
..... and ambit of the power of the industrial tribunal under section 15(2)(b) of the industrial dispute act, 1947 as amended by the west bengal industrial dispute (2nd amendment) act, 1980. ..... under section 15(2)(b) of the industrial disputes act as amended by the west bengal industrial dispute (2nd amendment) act, 1980. ..... the provisions of section 15(2)(b) of the industrial disputes act introduced by the west bengal amendment was designed to extend the principles of social and economic justice ..... industrial tribunal rejecting the application of the workman for interim relief as provided under section 15(2)(b) of the west bengal amendment of the industrial disputes act ..... 1984 the learned judge held that the order of termination of service simpliciter tantamounts to retrenchment and as such the same was void ab initio as the requirement of section 25-f of the industrial dispute act was not complied with by the management and that the said award was quashed by the said learned judge. ..... dispute, determine within a period of 60 days, from the date of reference under sub-section (1) of section 10 or within such shorter period as specified in the order of reference under sub-section (1) of section 10 the quantum of interim relief admissible, if any:provided that the quantum of interim relief relating to discharge, dismissal, retrenchment or termination of service of workman shall be equivalent to subsistence allowance as may be admissible under the west bengal payment of subsistence allowance act .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN566,[2008(117)FLR166]
..... any case, for the fault of the administrative officer of the first petitioner, the petitioners were not supposed to suffer; (ii) the award was pronounced without fully complying with the provisions in section 17aa of the industrial disputes act, 1947 (section 17aa was inserted and then amended by the west bengal act nos. ..... he has referred me to the provisions in the west bengal industrial dispute rules, 1958, rules 21 and 24, to show that the tribunal was not only empowered to grant adjournments, but was also supposed to proceed ex parte only if the petitioners had failed to show sufficient cause for ..... (the second petitioner is a director of the first petitioner) in this writ petition dated august 20th, 1991 are questioning the order of the second respondent (the second industrial tribunal, west bengal) dated march 26th, 1991 rejecting two applications dated august 19th, 1989--one of the first petitioner and the other of one m/s. ..... reported back for duty in swaika oil mills on may 23rd, 1980, but was not allowed to join duty. ..... working in swaika oil mills he received a telegram that his wife was seriously ill and prayed for leave of absence for the period from april 3rd, 1980 to may 22nd, 1980. ..... 59 of 1980 and 34 of 1983 respectively), since, though the tribunal was required to notify the date for pronouncing the award, as will appear from its first june 3rd, 1989 order, failing in its mandatory duty it ..... was done, he approached the assistant labour commissioner on june 11th, 1980. .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(2)CHN166,[2005(105)FLR395],(2005)IILLJ1020Cal
..... single judge on facts recorded that there was no infraction of the first proviso introduced by the west bengal amendment in the industrial disputes act and that the compensation was received by 49 out of the 53 employees. ..... jurisdiction to adjudicate is conferred on the tribunal only by reason of an order of reference under section 10(1) of the industrial disputes act, 1947. ..... appears that the tripartite settlement (exhibit 16) is binding on the workmen by reason of section 18 of the industrial disputes act. ..... ghosh, during the course of the adjudication of the industrial dispute before the learned tribunal nor any attempt was made to produce any document before the writ court and none of the documents produced relate to a period which is close to the date of ..... of 1993 dismissing the writ petition arising out of the award dated june 30, 1993 passed by the learned 8th industrial tribunal, west bengal. ..... basu chowdhury had pointed out that there was a violation of the first proviso introduced by the west bengal amendment in 1980 providing that no closure should be declared without payment of closure: compensation which is a condition precedent for ..... the tribunal while adjudicating the dispute cannot travel beyond the scope of ..... the closure was declared which shows that some of the employees of the organisation are being paid their salary and are also being subjected to the provision of the employees' state insurance act and the contribution therefor are being paid to the appropriate authority. .....
Tag this Judgment!Court : Kolkata
Reported in : [2002(92)FLR75],(2001)IILLJ1588Cal
..... dated march 18, 1987 the dispute was referred by the state government to the fifth industrial tribunal, west bengal ('the tribunal' for short) under section 10 read with section 2a of the industrial disputes act, 1947 (hereinafter, called 'the 1947 act').4. ..... inspite of service of notice the parties did not appear and a 'no dispute' award was made by the tribunal in terms of rule 22 of the west bengal industrial disputes rules 1958 (hereinafter called 'the 1958 rules') on november 2, 1987 and the same was published by the state ..... the 1947 act defines the word 'award' to mean an interim or a final determination of any industrial dispute by a tribunal ..... industrial tribunal, west bengal ..... the order dated december 17, 1993 passed by the third industrial tribunal, west bengal. 2. ..... of section 17-aa of the 1947 act as it stands in its application to west bengal by virtue of the west bengal acts nos. ..... contention on behalf of the appellant/company that the; second reference was not maintainable on the ground that the 'no dispute' award had not been set aside in accordance with the provisions of rule 27(iii) of the 1958 rules. ..... determination and decision' appear following the word 'award' in both the sub-sections clearly indicates that the term 'award' in these sub-sections means some interim or final determination of a dispute as contemplated by the term 'award' defined in section 2(b) of the 1947 act and not a 'no dispute' award within the meaning of rule 22 of the 1958 rules. 15. ..... 57 of 1980 and .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)2CALLT83(HC),[1998(80)FLR985],(1999)ILLJ957Cal
..... the learned tribunal below considered the provision of west bengal amendment of the definition of workmen as contained in section 2(s) of the industrial disputes act whereby and whereunder a workman although a supervisor if drawing salary more than rs. ..... the learned trial judge further held that the learned industrial tribunal completely misdirected himself in holding that the amendment in section 2(s) of the industrial disputes act by the state legislature shall prevail over the amendment made by the parliament by reason of the industrial disputes amendment act, 1982 which came into force with effect from 1.8.1984.6. mr. r.n. ..... it merely amended certain provisions of the industrial disputes act in the year 1980 and in respect of other provisions of the central act were to prevail. ..... the industrial dispute was raised by the first respondent and ultimately the state of west bengal in terms of its order dated 1.6.1988 referred the said dispute for adjudication before the industrial tribunal on the following issue:1. ..... as the west bengal amendment was made in the year 1980 and parliamentary act came into operation in the year 1984 there cannot be any doubt whatsoever that the parliamentary act shall prevail.13. ..... act xxx of 1980, section 3 (2-9-1980)(2) in clause(s), after the word 'technical', the words 'sales promotion' shall be inserted-w.b. ..... act lvi1 of 1980, section 3. ..... xxx of 1980 which came into force with effect from 2.9.80.12. .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(4)CHN345
..... and hence there was no prima facie case to grant relief in the application under section 15(2)(b) of the said act as filed. mr. bhunia further submits that section 15(2)(b) of the industrial disputes act, 1947 as applicable to the west bengal in terms of its amendment in 1980 has stipulated a time limit of passing such interim relief namely, within 60 days from the date of the order referring such industrial dispute and in the instant case that condition since has not been fulfilled, hence, after expiry of ..... the time limit, learned tribunal had no jurisdiction to grant any relief any he ought to have adjudicated the entire dispute as referred to .....
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