Judgment Search Results Home > Cases Phrase: industrial disputes west bengal amendment act 1980 Page 11 of about 11,348 results (0.184 seconds)

Vinod Rao Vs. the State of Gujarat and anr.

Court : Gujarat

Reported in : 1981CriLJ232; (1980)2GLR926

..... , otherwise non-cognizable, is committed in urban areas, without the police having the power to arrest an offender, it is likely to lead to unhealthy developments in the society, therefore, the policy and philosophy which section 10 of the criminal law amendment act,_ 1932 incorporates art) such as have rational nexus with the maintenance of law and order in urban areas where there is a large expansion of industrial and political activities. ..... it is in this context that at an earlier stage it was brought to the notice of this court that under sub-sections (1) and (2) of section 10 of the criminal law amendment act, 1932, notification had been issued by the local government which made offence punishable under section 506 of the i.p.c. ..... we are, therefore, required in this case to decide whether sub-sections (11 and (2) of section 10 of the criminal law amendment act, 1932, are intra vires article 14 or ultra vires it and whether the notification or notifications issued thereunder are valid.4. ..... an averment has been made in the petition to show that criminal law amendment act, 1932, was enacted in order to curb civil disobedience movement, it has been further stated that since india became independent, there is no civil disobedience movement and that, therefore, criminal law amendment act, 1932, has become obsolete. ..... state of west bengal : [1960]2scr646 . ..... there is no dispute about the fact that it is still in force. .....

Ludhlow Jute Co. Ltd. Vs. Nanda Kumar Singh and ors.

Court : Kolkata

Reported in : (1982)IILLJ476Cal

..... dutta, the learned counsel appearing for the petitioner, company, contends that after the amendment of the industrial disputes act by incorporation of section 11a, the tribunal has the authority to re-assess the evidence adduced before the domestic tribunal and/or before the industrial tribunal and on such re-assessment, the tribunal can decide as to whether or not an order of dismissal was ..... enquiry was conducted and a correct finding was arrived at regarding the misconduct, the tribunal, even though it had power to differ from the conclusions arrived at by the management under the provisions of sections 11a of the industrial disputes act, was required to give every cogent reason for not accepting the view of the employer ..... the supreme court has held in the said decision that within the scope and ambit of the powers conferred under section 11a of the industrial disputes act, the tribunal has jurisdiction to consider the justification of the quantum of punishment. mr ..... he contends that the discretionary power under section 11a of the industrial disputes act was exercised by the tribunal without weighing the circumstances and such mechanical exercise of discretion amounted to a gross failure of ..... an industrial dispute was thereafter raised by the union and a reference was made by the government of west bengal to the seventh, industrial tribunal, west bengal, for deciding the issue to the following effect:whether the termination of service of sri nanda kumar singh, t. ..... west bengal, in case .....

Secretary, Indian Tea Association Vs. Ajit Kumar Barat and ors.

Court : Kolkata

Reported in : (1999)IILLJ166Cal

..... the historical background of industrial jurisprudence leading to enactment of the industrial disputes (amendment) act, 1965 leaves no manner of doubt that prior to the provisions of section 2-a of the said act coming into force, an industrial dispute was required to be raised in the manner laid down therein and as an individual person aggrieved could not directly take recourse to the provisions of the said act so as to enable the appropriate government to make a reference, an exception has been made by reason of the said provisions to the effect that any order ..... we, therefore, allow these appeals, set aside the order of the high court and directe the state government to refer to an industrial tribunal all the disputes between the parties including the preliminary question whether the appellants are workmen within the meaning of industrial disputes act or not.the state government is directed to make the above reference within a period of two months from today. ..... reference in this connection has been made to rule 12-a of the west bengal industrial disputes rules. ..... pursuant to the said directions the state of west bengal being the appropriate government by a letter dated january 14, 1998 addressed to the petitioner communicated as under:'after examination, it reveals that you were first appointed as assistant secretary in the indian tea association and subsequently promoted to ..... state of west bengal reported in : air1995cal336 . .....

Jagdish Chandra Khadgawat Vs. State Bank of Bikaner and Jaipur Head Of ...

Court : Rajasthan

Reported in : 1985WLN(UC)367

..... though your termination cannot be deemed to be 'retrenchment' within the meaning of section 2(0) of the industrial disputes act, 1947, yet with a view to avoiding any legal complications, you are hereby being paid one month's wages being ..... has also challenged his order of termination on the ground of malafide, and violation of articles 14 and 16 of the constitution as well as section 25g of the industrial disputes act. ..... any registered union of the bank employees;(c) after the hearing of such representation and the receipt of a report in the matter, if necessary, by the management, if it decides to give effect to the contemplated closing down or retrenchment in the original or an amended form the services of the employees may be terminated by giving notice or payment, in lieu thereof for the periods prescribed above.3. ..... after the decision of hon'ble supreme court in west bengal electricity board v. ..... connection reference may be made to west bengal electricity board v. ..... between certain banking companies and their workmen given by the all india industrial (bank disputes). ..... to number of cases and has argued that this clause has been declared valid has further submitted that validity of this clause cannot be examined in the absence of the union of india and the central industrial tribunal being party before this writ petition. ..... the validity of this award cannot be challenged because uoi & the industrial tribunal being not parties before this court. ..... 438 : 1980 lab ic(11) p.b ..... 1980(1) llj .....

Mcleod and Co. Vs. Sunil Kumar Roy Chowdhury and ors.

Court : Kolkata

Reported in : (1962)ILLJ622Cal

..... section 18(1) of the industrial disputes act which provides that,a settlement arrived at by agreement between the employer and the workmen otherwise in course of conciliation proceeding shall be binding on the parties to the agreement,was introduced by the amendment act of 1956 and was not in existence when the order of compromise was made on 30 january 1954 ..... employees who will be retrenched shall be paid compensation in accordance with the industrial disputes (amendment; act, 1953.5. ..... it is true that an individual dispute between an employer and its workmen is by itself not an industrial dispute which may be referred under section 10 of the indus trial disputes act but such an individual dispute may be transformed into an industrial dispute when the cause of the individual workman is taken op by his co-workers or by the union of such ..... respondent state government, in these circumstances, exercised its powers under section 10 of the industrial disputes act and referred the following issues for adjudication by the fourth industrial tribunal, namely:whether the retrenchment of sunil kumar roy chowdhury is justified? ..... thereupon, on the representation of respondent 1, the assistant labour commissioner, government of west bengal, filed a complaint against chiranjitlal bajoria, chairman of the board of directors of the petitioner company before the chief presidency magistrate for alleged non-implementation of the order and a criminal case was thereupon ..... state of west bengal and ors .....

Karnataka State Road Transport Corporation Vs. Abdul Azeez

Court : Karnataka

Reported in : ILR2004KAR2761

..... mischief sought to be remedied and the nature of remedy provided.12.1) the statement of objections and reasons given for introducing the state amendment is extracted below:'it is considered necessary to amend the industrial disputes act, 1947 (central act 14 of 1947)-(i) to enable an individual workman to apply to the labour court for adjudication of a dispute falling under section 2a of the act without any reference to the government'.in khaleel ahmed (supra), the object of section 10(4-a) was stated, it was held:'it seems quite clear to us that the state ..... 5/88 which came into effect on 7-4-1988), inserting section 10(4-a) which reads thus:'(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 2a, 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 disputes (karnataka amendment) act, 1987, whichever is later, apply, in the prescribed manner, to the labour court for adjudication of the ..... the state of west bengal, : 1972crilj872 the supreme court held:'the rule is well established that where a particular time is given from a certain date within which an act has to be done, the day on that date is to be excluded.. ..... the decisions are north west karnataka road transport corporation v. i.h. .....

New Okhla Industrial Development Authority Through Its Chief Legal Adv ...

Court : Allahabad

Reported in : 2007(4)AWC3497

..... above, we are further of the opinion that in the case of an employee on deputation, if he has a claim only against the government, then he would come under the definition of 'workman' both under the central as well as the state industrial disputes act and as such, he is entitled to seek an adjudication under these acts.the state government in the impugned order dated 13th may, 1982 has stated that the petitioner can file his claim before the u.p. ..... therefore, a person who is 'workman' as defined under industrial disputes act 1947 or 1947 act, even though he is a public servant, he cannot file a claim petition under section 4 of the act for the reason that section 4 has no application at all to such person. ..... we are aware that the rules of the interpretation are not rules of laws and are not to be followed like rules enacted by legislature in interpretation act as observed by the hon'ble apex court in superintendent and remembrance of legal affairs, west bengal v. ..... if a provision of law is misused and subject to the abuse of process of law, it is for the legislature to amend, modify or repeal it if deemed necessary. ..... 150 of 1980, ram krishna yadav (supra) referred this issue before a larger bench which was decided by the full bench in ram krishna yadav (supra). ..... 1980 (2) llj 48 and the division bench referred to bhagwati prasad chaurasia (supra) and expressed its agreement with the view of hon'ble mufti, j. .....

Darshan Kumar and Other Vs. the State of U.P. and Another

Court : Allahabad

Reported in : AIR1997All209

..... air 1995 sc 2200, the supreme court went into the question of judging, the validity of an amendment by which prior permission was required by section 25m of the industrial disputes act, 1947, as amended by act of 1976. ..... coming into force, if application be made within six months from such date, except on the ground that the place where the market or shopis established fails to comply with any conditions prescribed by, or under this act, or(b) cancel, suspend or refuse to renew any licence granted under such bye-law for any cause other than the failure of the licensee to comply with the conditions of the licence or with any provision of, or ..... now coming to the legal position emerging from the other decision of the supreme court,reliance has been placed by sri bharatji agarwal on air 1970 sc 1157 (paras 11 & 12), air 1980 sc 548, air 1994 sc 205, air 1995 sc 464, air 1995 sc 2200, (1995) 1 scc 574 : (1995 air scw 313) and (1996) 3 scc 705 : (air 1996 sc 1627 ..... the appeal filed by the state of west bengal against the aforesaid judgment was dismissed and in that process the supreme court came to make certain more observation, which for the purposes of this case, is not necessary to go into ..... state of west bengal v. ..... societies and residents of rishikesh had approached the municipal board for such a bar on sale of eggs as it was already imposed concerning sale of meat and fish and that was the reason, that by the amended law the aforesaid word 'eggs' was added in the existing bye-laws. 20. .....

K.Durga Prasad Vs. Industrial Tribunal-cum-labour Court, Represented b ...

Court : Andhra Pradesh

..... as a result of the substitution of the previous s.33 with the present one by the industrial disputes (amendment and miscellaneous provisions) act, 1956, the protection to the workmen in regard to discharge or dismissal for misconduct connected with the pending disputes has been continued under s.33(1), but the stringency of the provision is sought to be softened by permitting the employer to take action against the workmen in accordance with the standing orders applicable to them during the pendency of proceedings in ..... facts of this case, it may be necessary notice the sum and substance of various judgments of the apex court and other high courts in the country, which read as under: excerpts from the commentary in the law of industrial disputes, fifth edition; by sri o.p.malhotra: it was, however, realised that if the conciliation or adjudication of such dispute takes long, the employers cannot be prevented absolutely from taking action in the matter which is the subject matter of s.33(1) and s.33(2). ..... the labour appellate tribunal seems to have overlooked the fact that the appeal before it arose out of a reference made by the west bengal government under section 10 of the act. ..... the employee was guilty and, the dismissal did not amount to unfair labour practice and was not intended to victimise the employee regard being had to the position settled by the decisions of this court in bengal bhatdee coal co, v. .....

South Arcot Co-operative Motor Transport Society Ltd. Vs. Syed Batcha ...

Court : Chennai

Reported in : AIR1964Mad103; (1964)ILLJ280Mad

..... whether the industrial disputes act itself will apply when there is the madras cooperative societies act vi of 1932 (state act), which provides a machinery for the settlement or adjudication of disputes, because section 31 of the industrial disputes (amendment and miscellaneous provisions) act, xxxvi of 1956, says:'if, immediately before the commencement of this act, there is in force in any state any provincial act, or state act relating to the settlement or adjudication of disputes, the operation of such an act in that state in relation to matters covered by that act shall not be affected by the industrial disputes act, 1947, as amended by this act.'11. ..... agreed with the view taken by the labour court, that it had jurisdiction to decide the dispute and held that under the co-operative societies act, the arbitrator cannot adjudicate the claims of the workers which arise under the industrial disputes act, namely, retrenchment compensation under section 25-f of the act, and finally dismissed the writ petitions filed by the society.4. ..... overruled that objection and held that the tribunal has got jurisdiction to adjudicate the matters referred to by the state, as the dispute does not touch the business of the co-operative society, as provided under section s3 of the bengal co-operative societies act.as stated already, the facts of the case are not clear and we do not know whether the workmen were share-holders of the society. ..... state of west bengal, : (1958)iillj61cal . .....