Judgment Search Results Home > Cases Phrase: industrial disputes west bengal amendment act 1980 Court: punjab and haryana Page 1 of about 224 results (0.187 seconds)

The Management of Haryana Urban Development Authority Vs. Miss Neelam ...

Court : Punjab and Haryana

Reported in : (1993)104PLR552

..... the legislation has further enacted section 2(c) of industrial disputes act as amended to remove any prejudice.18. ..... from the conspectus of the judgment cited above, it is discernible, since the industrial disputes act, does not provide limitation for making a reference, or raising an industrial dispute or for deciding the industrial dispute, hence the provisions of indian limitation act cannot be imbibed into the provisions of industrial disputes act, which by itself is a complete code. ..... that as observed above there is no period of limitation for making reference for raising industrial dispute, as basic object or consideration of the authority is up-keeping of industrial peace in the interest of society and the act being beneficial to the workers we may hasten to add that inordinate delay in raising dispute would result in producing unjust result and it may prove counter productive to industrial peace the inactivity of a worker in raising dispute may disentitle him from the relief and no premium can be permitted for ..... state of west bengal 1990 (5) sl.r.61 the company incorporated under the companies act, 1913 renting out flats to tenants by providing free facility of electricity, washing and cleaning of floors and lavatories ; lift services, electric repairs and replacings and sanitary services etc was held to be and industry. ..... presiding officer, labour court, patiala1 1980 (1)s. l. r. .....

Radhey Shyam and anr. Vs. State of Haryana and anr.

Court : Punjab and Haryana

Reported in : (1998)IILLJ1217P& H; (1998)119PLR1

..... the tamil nadu amendment inserting sub-section (2) is as follows: -'(2) where no settlement is arrived at in the course of any conciliation proceeding taken under this act in regard to an industrial dispute referred to in sub-section (1), the aggrieved individual workman may apply, in the prescribed manner, to the labour court for adjudication of such dispute and the labour court shall proceed to adjudicate such dispute, as if such dispute has been referred to it for adjudication and accordingly all the provisions of this act relating to adjudication of industrial dispute by the labour ..... the state of west bengal has introduced sub-section (1-b) to section 10 enabling a party to approach the labour court or tribunal by filing an application. ..... similarly, the karnataka government has introduced sub-section (4-a) to section 10 of the act as follows:-'(4-a) notwithstanding anything contained in section 9-c and in this section in the case of a dispute falling within the scope of section 2-a, the individual workman concerned may, within six months from the date of communication to him of the order of discharge, dismissal, retrenchment or termination or the date of commencement of the industrial dispute (karnataka amendment) act, 1987, whichever is later, apply, in the prescribed manner, to the labour court for adjudication .....

The Jullundur Transport Co-operative Society Vs. the Punjab State Thro ...

Court : Punjab and Haryana

Reported in : AIR1959P& H34

..... in developing his argument the learned counsel drew our attention to the opening part of the punjab co-operative societies act, 1954, and argued that this act being a consolidating and amending act it should be construed to contain an exhaustiveand self-contained code dealing with all the subjects on which provisions have been made in this act including the determination of disputes between the society and its servants which, so the counsel argues, must be deemed to include industrial disputes. 3. ..... in that view, it appears that the express limitation of the 'dispute' in the bengal co-operative societies act excludes the present disputes which have been referred to the industrial tribunal from being the subject of settlement by the registrar of the co-operative societies.' 10. ..... but the key to the solution of this problem appears in the definition of the word 'dispute' in section 2 (j) of the bengal co-operative societies act, 1940 which provides : 'dispute' means any matters capable of being the subject of civil litigation and includes a claim in respect of any sum 'payable to or by a co-operative society whether such claim be admitted or not. ..... state of west bengal, air 1958 cal 373 (a), where a point was raised with regard to the interpretation of the provisions of the bengal co-operative societies act no. .....

Sawan Ram Vs. Gobinda Ram and anr.

Court : Punjab and Haryana

Reported in : AIR1980P& H106

..... and whether before or after termination of the tenancy,) except in accordance with the provisions of this section, (or in pursuance of an order made under section 13 of the punjab urban rent restriction act, 1947, as subsequently amended)' (1) a tenant in possession of a building or a rented land shall not be evicted therefrom except in accordance with the provision of this section'. it is plain from the above comparison that the view ..... it was an industrial dispute. ..... jurisdiction to decide the questions in accordance with section 13 is again vested only in the controller subject, of course, to the decision of the appellate authority constituted under the act and the final revisional jurisdiction has been conferred expressly on the high court by the amending act of 1956. ..... amending act, these buildings were also brought within the ambit of the haryana act ..... been made evident from the history of the legislation in the preceding enactments, the corresponding provisions of section 15(4) of the east punjab urban rent restriction act, 1949 do indeed attach finality to the orders of the controller and the appellate authority as the case may be even to the exclusion of the ..... (1978) 80 punj lr 751, and further two division bench judgments of the court holding that section 13(1) of the east punjab urban rent restriction act, 1949 did not affect the jurisdiction of the civil court to pass the decree for ejectment, he referred the matter to a larger bench to examine ..... state of west bengal v. .....

Rania Bratch Co-operative Transport Society Ltd., and Others Vs. State ...

Court : Punjab and Haryana

..... in another 5-judge constitution bench judgment rendered in the case of state of west bengal v. ..... the submission made by shri hooda is not acceptable when he argued that after publication of the proposal concerning scheme in the newspapers, the objections started pouring in because under section 100(1) of the act, objections are to be filed by an objector within thirty days from the date of publication of the notice under section 99(1), in the official gazette. ..... view has been followed in the case of state of west bengal v. ..... two months later, without publishing the whole scheme in the official gazette, few amendments in the notification dated 11.3.2010 were published on 4.5.2010 (p-2). ..... the publication of corrigendum on 4.5.2010 (p-2) with a few amendments in the notification dated 11.3.2010 (p-1) would not amount to publication of ..... of india, (1971) 1 scc 85, the question concerning interpretation of article 363 of the constitution arose, which deals with bar to interference by courts in disputes arising out of certain treaties, agreements etc. ..... learned counsel have drawn our attention to sub-section (4) of section 100 of the act and argued that the legislature has put the reckoning of period beyond any reasonable doubt and the period of one year is to be reckoned from the date of publication of notification in the ..... kesoram industries limited, (2004) 10 scc 201, the provisions of article 253 of the constitution came up for interpretation, which also comprised of a non-obstante .....

Hardwari Lal Vs. G.D. Tapase and ors.

Court : Punjab and Haryana

Reported in : AIR1982P& H439

..... ., 1980, the maharshi dayanand university (amendment) act, 1980 (an act to amend the 1975 act) was enacted resulting into ..... the mala fide of legislature can legally be gone into by courts of law, that in the instant case, sufficient proof has been placed on the file to show that the issuance of ordinance and the enactment of the amendment act are as a result of the malice borne by the governor and the chief minster against the petitioner that the position of a minister as it obtains today and also as reflected by rules of business, is quite ..... 1980, the ordinance was replaced by the maharshi dayanand university (amendment) act, 1980 (haryana act ..... 1980 (hereinafter called the ordinance) and the maharshi dayanand university (amendment) act, 1980 (haryana act ..... on merits, the allegations made in the petition have been controverted and facts have been brought out to show that the issuance of the ordinance and the enactment of the amendment act were not as a result of any bias against the petitioner but was as a result of a policy decision taken on the basis of the suggestions made earlier by the committees constituted by the government of ..... governor, west bengal, ..... the petitioner will be renewed, was legally bound by such a term and that it was not open to the chancellor especially when the existence of the terms and conditions has not been disputed, to challenge the validity of his own power to lay down such a term. ..... law rep 438; ansett transport industries (operations) pty ltd. v. .....

Sir Sobha Singh and Sons Private Ltd. Vs. Delhi Administration and ors ...

Court : Punjab and Haryana

Reported in : AIR1967P& H193; (1968)ILLJ752P& H

..... if the tribunal, therefore, assumes jurisdiction, by an erroneous decision, over a subject-matter which is not an industrial dispute covered by the industrial disputes act, i think, in fresh proceedings it would be open to any of the parties to show that the previous ..... the tribunal constituted under the industrial disputes act possesses a limited jurisdiction and has not been delegated with powers of general administration 'to finally ..... at all, that the company is engaged in an 'undertaking', or 'calling' so us to come within the definition of the word 'industry', and there is an industrial dispute in respect of the various matters shown in the order of reference. ..... withdrawn by his order dated 1st august, 1963, and directed the tribunal to first decide the question whether the petitioner company is an industrial establishment within the meaning of this term as defined in the industrial disputes act. ..... writ petition to this court under article 226 of the constitution and asked for quashing of the above reference on the ground that the petitioner company did not carry on any industry within the meaning of section 2(j) of the industrial disputes act. ..... petitioner company raised a preliminary objection that it was engaged only in managing its immovable property known as 'sujan singh park' and was, therefore, not an industry within the meaning of section 2(j) or the industrial disputes act. ..... first industrial tribunal, west bengal (1961) 1 lab lj 25: (air 1963 cal 275);(3) varahalakshmi rice .....

Pepsu Transport Co. Private Ltd. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1968P& H90

..... while dealing, with the proviso to section 33(2)(b) of the industrial disputes act, which says:''provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority before which the ..... following two questions for adjudication under clause (d) of sub-section (1) of section 10 of the industrial disputes act, 1947 (hereinafter called the act):1. ..... an industrial dispute having arisen between the workmen and the management of the petitioner-company, the governor of the punjab referred to ..... third industrial tribunal, west bengal, air 1964 ..... reference in this connection was made to the provisions of section 25g of the act, where it was mentioned that in case any workman in an industrial establishment was to be retrenched and he belonged to a particular category of workmen in that establishment, then in the absence of any agreement between the employer and the workman in that behalf, the employer should ordinarily retrench ..... 2 on the following two grounds:(a) that compensation as contemplated under the provisions of section 25f of the act was not paid to him according to law, inasmuch as he had not been paid, before the retrenchment, compensation which would be equivalent to 15 days average pay for every completed year of continuous service or any ..... that in making retrenchment the management normally has to adopt and give effect to the industrial rule of retrenchment 'last come, first go'. .....

Shyam Krishen Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1952P& H70

..... order which was before the high court was one which had been passed by a district magistrate to whom powers had been delegated under the act, and there does not appear to be any suggestion that in west bengal the powers under the act in question had in fact been delegated to any officers of lesser status than that of a district magistrate and i am not at, ..... the dominion legislature nor a provincial legislature shall have power to make any law authorising the compulsory acquisition for public purposes of any land, or any commercial or industrial undertaking, or any interest in, or in any company owning, any commercial or industrial undertaking, unless the law provides for the payment of compensation for the property acquired and either fixes the amount of the compensation or specifies the principles on which, ..... it may be mentioned that the act of 1948 was amended by act xvi of 1949 which made the following amendment in section 10 of the act, the repealing section:'at the end of section 10 of the punjab requisitioning of immovable property (temporary powers) act, 1947, the following words shall be added and shall be deemed to have been added when the aforesaid act came into force, namely but any notification issued ..... directions, orders or writs in the same language as is used in article 226, and the-exercise of this power, which i think is beyond dispute, is derived from this clause, and not from clause (1) which is the guarantee of the right of the subject to move the supreme court. .....

Jogi Industries Vs. the Presiding Officer, Labour Court and anr.

Court : Punjab and Haryana

Reported in : (1997)115PLR579

..... court of west bengal and ors. ..... it has rightly drawn the legitimate inference against the petitioner firm and has rightly acted upon the evidence of the workman when he categorically deposed that he was employed by the petitioner firm and he served it for more than 240 days and that his services were terminated without ..... implicate the petitioner by raising the industrial issue without any time and reason ..... rightly discussed the evidence by holding that there existed relationship of master and servant and the findings of fact cannot be disputed or interfered in the writ jurisdiction.10. ..... jogi industries and ..... in huge industrial establishments, ..... jogi industries ( ..... case, with regard to a workman, namely, chhinder pal alias sarinder pal, similar and identical plea was taken against the award of the labour court in an industrial reference no. ..... jogi industries has filed the present writ petition under articles 226/227 of the constitution of india, against the presiding officer, labour court, jalandhar ..... 2 (jogi industries v. ..... is in the habit of denying the relationship of master and servant so as to deprive the workman of his legitimate dues and this action on the part of the petitioner cannot be encouraged; rather it requires to be depricated, being an act of unfair labour practice. ..... the hon'ble supreme court was pleased to hold that the jurisdiction of the high court to issue a writ of certiorari is a supervisory jurisdiction and the court exercising it is not entitled to act as an appellate court. .....