Judgment Search Results Home > Cases Phrase: industrial statistics act 1942 Court: allahabad Page 1 of about 157 results (0.066 seconds)

Rup Chand Vs. State

Court : Allahabad

Reported in : AIR1956All399; 1956CriLJ851

..... in fact it was not open to the sessions judge exercising powers of revision to supply the deficiency in the record of the magistrate by remarking that the offence complained of was an offence under section 8, industrial statistics act of 1942, and that was the offence that was proved.a magistrate exercising summary powers has to observe the provisions of section 263 of the code in strict letter, and it is not open to him to make the summary proceedings ..... when the matter went up in revision before the learned sessions judge he observed that the guilt of the applicant under section 8, indus-trial statistics act of 1942 was established, and he rejected the revision. .....

Maya Press Mazdoor Sangh Etc. Vs. Uppar Shramayukt and ors.

Court : Allahabad

Reported in : 2005(1)ESC437

..... the statistical work of the company, namely, product-wise sales statistics, industry wise sales statistics, partywise sales statistics, monthly sales performance statistics, sales forcast statistics, collection forecast statistics, sales outstanding statistics and other statistical work, was also done in the churchgate division. ..... the conditions of labour, of or the term of employment or with the conditions of labour, of any person; but does not include an industrial dispute concerning--(i) any industry carried on by or under the authority of the central government or by a railway company, or(ii) such controlled industry as may be specified in this behalf by central government, or(iii) banking and insurance companies as defined in the industrial disputes act, 1947, or(iv) a mine or an oil-field; section 4-a, labour court :(1) the state government may, by notification in the official gazette, constitute ..... business, trade or profession and includes establishment of any legal practitioner, medical practitioner, architect, engineer, accountant, tax consultant or any other technical or professional consultant and also includes a society registered under the societies registration act, 1860 and a charitable or other trust, whether registered or not, which carries on whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto but does not include a factory .....

High Court of Allahabad and ors. Vs. Amod Kumar Srivastava and ors.

Court : Allahabad

Reported in : (1994)ILLJ707All; (1993)1UPLBEC378

..... respondents elaborated his argument by referring that the nature of the work performed by the class iii and class iv employees of the high court is in respect of maintenance of record, preparation of paper books, maintaining statistics, drawing cause list, posting orders, filing documents in various sections, maintenance of library, typing certified copies of the judgment which may be entrusted to the individual or to the corporation forperformance as the same is not required ..... are not concerned in this case with those categories of employees who particularly come under departments charged with the responsibility of essential constitutional functions of government, it is appropriate to state that if there are industrial units severable from the essential functions and possess an entity of their own, it may be plausible to hold that the employees of those units are workmen and those undertakings are ..... said case the supreme court clearly held that the main functions of the irrigation department clearly come within the ambit of industry inasmuch as functions of the irrigation department was welfare activities of the state government and was not governed by the term sovereign ..... industrial disputes act and argued that a close reading of definition of the industry makes it clear that the question whether an establishment is an industry or not has to be reckoned not only from the point of view of the employer but also whether the services therein of its employee amounts to an industry .....

M.K. Gandhi and ors. Vs. Director of Education (Secondary) and ors.

Court : Allahabad

Reported in : 2005(4)ESC2265

..... it is true that the act makes it obligatory upon the employer (of an industrial establishment to which the act applies or is made applicable) to submit draft standing orders providing for the several matters prescribed in the schedule to the act and it also provides the procedure--inter alia, the certifying officer has to examine their fairness and reasonableness-- ..... 24 (2) every school is to enter into an agreement with its employee in the format mentioned in the education act of the state if that act makes the form obligatory, otherwise in accordance with appendix-ill mentioned in the bye-laws.26. ..... chapter provides that each school affiliated with the board shall frame service rules for its employees which will be as per education act of the state, in case the state act makes adoption of the provision obligatory, otherwise as per service rules mentioned in the bye-laws. ..... a central act known as industrial employment (standing orders) act, 1946 ..... would be necessary nor a reference under industrial disputes act. ..... indian statistical institute ..... indian statistical institute, : (1984)illj67sc (the minhas case) and submitted that the bye-laws ..... it requires industrial establishment to ..... article 21a was inserted by the constitution 86th amendment act as a fundamental right though this article is yet to ..... rule 9(i) which permitted the termination of service of even a confirmed employee after three months notice was void under section 23 of the indian contract act and article 14 of the constitution. .....

Harsh Vardhan Agarwal and ors. Vs. Director General, Indian Council of ...

Court : Allahabad

Reported in : (1998)2UPLBEC1423

..... minhas case (supra), indian statistical institute was governed by statistical institutes act and its composition, money required maintenance of accounts were under the direct control and supervision ..... not apply to the respondent-society-icmr in view of the definition of the expression 'industry' as defined in clause (j) of section 2 of the act and consequently, since the petitioner no. ..... the controversy with regard to the fact whether icmr is an industry and its employees are workmen' or not is not germane to the decision of this case and, therefore, in order to avoid prolixity, this point ..... 41 of 1982, particularly with reference the definition of the expression 'industry' contained in clause (j) of section 2, have not come into force and only the provisions of sections 2(a), (b), (d) to (k), 3 to 12 and 23 have come ..... 1975 sc 1329, in which it was held that the council for scientific and industrial research (csir) which was sponsored and constituted by the central government, registered under the societies registration act, cannot be held a state. ..... urged that the provisions of industrial disputes act (act no. ..... has asserted in the said industrial dispute that he is holding ..... painstakingly pointed out that in an earlier industrial dispute raised by the petitioner no. 1-h.v. ..... , after his initial posting he was transferred to port blair and it was he who had claimed transfer form port blair to any station in the main land, in respect of which he had filed an industrial dispute case no. .....

Western India Match Co. Ltd. Vs. Rameshwar Prasad

Court : Allahabad

Reported in : (1971)IILLJ386All

..... supreme court reiterated that the standing orders which had been certified under the industrial employment (standing orders) act became part of the statutory terms and conditions of service between the industrial employer and his employees and they will govern the terms between the parties ..... state of madhya pradesh : [1959]1scr1440 , to the effect that:--the law is now well-settled that a writ of certiorari will lie to control such a statutory body if it purports to act without jurisdiction or in excess of it or in violation of the principles of natural justice or commits any error apparent on the face of the records, provided that on a true construction of the statute creating such body, it can be said to be ..... is also no material for holding that the dispute had at any stage acquired the character of an industrial dispute; as such the matter could not have been adjudicated upon by an industrial tribunal and the suit cannot, therefore, be said to be barred by the exception contained in section ..... contention of learned counsel for the appellant is that the suit for the relief claimed in the plaint was barred by section 21(b) of the specific relief act as the declaration sought by the plaintiff would tantamount to a decree directing reinstatement of the plaintiff and thereby enforcing specific performance of a contract of personal ..... instant, we hereby give you one month's notice terminating your services.please return to us all the company's property, files, statistics, stationery etc. .....

Krishna Kant Tiwari and anr. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2002(1)AWC709; (2002)1UPLBEC475

..... regulation of sources of water supply for drinking purposes ; (l) regulating the construction of a new building or the extension or alteration of any existing building ; (m) assisting the development of agriculture, commence and industry ; (n) rendering assistance in extinguishing fire and protecting life and property when fire occurs ; (o) the administration of civil and criminal justice : (p) the maintenance of such records relating to cattle census, population census ..... and other statistics as may be prescribed ; (q) maternity and child welfare and promotion of family welfare ; (r) allotment of places for storing manure (and for tanning and curing of hide) ; (s) fulfilling any other obligation imposed by (or under this act or) by any other law on a gaon sabha ; (t) the maintenance and control of class (1) and ..... authority as may be empowered by it in this behalf shall appoint a secretary from amongst the employees referred in clause (b) of sub-section (1) or sub-section (2) of section 25, who shall act as secretary of such gram panchayat or gram panchayats the gram sabhas concerned and nyaya panchayats within whose territorial limits such gram panchayats are situated and perform such other duties as may be specified by ..... industries : (a) assisting in the development of agricultural and commercial industries ..... industries : (a) assisting the development of small industries ..... industries .....

Commissioner of Income-tax-II, Agra Vs. Shyam Biri Works

Court : Allahabad

..... contested on the merits notwithstanding that the tax effect entailed is less than the monetary limits specified in para 3 above or there is no tax effect, (a) where the constitutional validity of the provisions of an act or rules are under challenge, or (b) where board's order, notification, instruction or circular has been held to be illegal or ultra vires, or (c) where the revenue audit objection in the case has been ..... out certain exceptions under para 8 by which an appeal could be filed where the tax effect was less than the monetary limits, namely, where the constitutional validity of the provisions of act or rule was under challenge or where the board's order, notification, instruction or circulation has been held to be illegal or ultra vires or where revenue's audit objection in the ..... judgments of the tribunal or of the high court which have held the field and which have not been challenged in the supreme court: (c) where the assessee has acted in accordance with long standing industry practice: (d) merely because of change of opinion on the part of the jurisdictional officers. ..... income-tax, where the tax effect is not quantifiable or not involved, such as the case of registration of trusts or institutions under section 12a of the income-tax act, 1961, shall not be governed by the limits specified in para 3 above and decision to file appeal in such cases may be taken on the merits of ..... due diligence process shall involve drawing upon statistics of all pending matters which shall be .....

Newspapers Ltd., Allahabad Vs. State Industrial Tribunal, U.P., Allaha ...

Court : Allahabad

Reported in : AIR1954All516; (1954)IILLJ263All

..... stage of a bill, do not coincide with the enactment when finally passed.thereafter, the learned chief justice went on to consider whether assistance could be sought from the provisions of section 10(2) of the industrial disputes act which provides that- 'where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, for a reference of the dispute to a board, court or tribunal the appropriate government, if satisfied that the persons applying represent the ..... 'the learned chief justice was of the opinion that this provision did not necessarily lead to the conclusion that there could be no industrial dispute unless the majority of workmen is ranged as one of the parties and in this connection he drew attention to the fact that in section 10(1) of the act there is no such condition which requires to be fulfilled before the government makes an order, referring a dispute to a tribunal.mack ..... heirs, successors or assigns in respect of the establishment to which the dispute relates, would also be bound by the settlement or award.the use of the word 'employer' in the section in this clause is a clear indication that the act contemplated a single employer as a party to the industrial dispute the settlement of which or the award in which is made binding on persons under section 18 of the ..... bolton corporation', 1942-2 all e b 425 (e), all that lord wright said was that the industrial disputes act dealt with collective bargaining, trade practices and so .....

Swadeshi Cotton Mills Co. Ltd. Vs. State Industrial Tribunal, U.P. and ...

Court : Allahabad

Reported in : AIR1956All689

..... order of 15-3-1951 is, in these circumstances, an order which was not passed after complying with the condition precedent laid down under section 3, industrial disputes act and consequently we must hold that the order had no legal force and was not binding as a piece of subordinate legislation on the ..... therefore, indicate that that order was limited in its purposes to those mentioned in section 3 and consequently it is not possible to hold that under the general provision made under section 114, indian evidence act a presumption can be drawn that, before that order was passed, the state government had formed an opinion about the necessity or expediency of making it for one of the purposes mentioned in section 3. ..... would, therefore, be within the scope of section 3 and in conformity with it only if it made provision for settlement of industrial disputes and appointment of industrial courts, in the circumstances in which the government considered it necessary or experiment to make the provision for one of the purposes ..... this makes it clear that, though one of the principal purposes of the act was to provide for the settlement of industrial disputes the legislature thought it fit to confer power on the state government to make provision by general or special orders only for settlement of that limited class of industrial disputes, the settlement of which was considered by the state government to be necessary on expedient for one of the ..... administrative law, volume ii, 1942 edition at p. .....