Court : Allahabad
Reported in : [2008(116)FLR565]
..... , temporary and intermittent engagement. the claim was that he had worked for more than 240 days and his termination under section 6-n of u.p. industrial disputes act was without any notice was unjustified. from both the sides various documents have been filed and the statements were recorded. the presiding officer decided aforesaid three issues ..... concept was introduced so as to fasten statutory liabilities upon the employer to pay compensation to be computed in the manner specified in section 25-f of the industrial disputes act, 1947 before he is retrenched from service and not any other purpose. in the event of violation of the said provision, termination of services of the ..... exceed twelve weeks.shall be included.6. now, let us consider the law on the subject propounded by the apex court. in the case of secretary, state of karnataka and ors. v. umadevi and ors. reported in : (2006)iillj722sc , the constitution bench of the apex court held as follows.unless the appointment is in terms .....
Tag this Judgment!Court : Allahabad
Reported in : (1996)IILLJ439All
..... namely, the employer or the employees. by this order, the labour commissioner only relegated the concerned employee to the remedy provided for under section 33c of the industrial disputes act, as in his opinion the matter pertained to computation for which the labour court was competent. in view of the fact that the order dated april 22, ..... dated april 22, 1983 the application aforestated in as much as the matter, in his opinion, involved computation which could be done under section 33c of the industrial disputes act, 1947. an application was then moved on behalf of the workmen and the two labour officers under section 151 of the code of civil procedure read with section ..... a misconception of law and that if allowed to stand the order would have serious consequences and may result in grave injustice - see nagraj and ors., v. state of karnataka and ors. (1994-i-llj-851 )(sc).11. i must, however, hasten to add that the question whether the limited grounds of review as discussed above, are .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC736
..... dated 08.10,2002 issued in exercise of power under section 87 of the uttar pradesh reorganization act, 2000. for ready reference said section 87 is quoted below:-'87. power to adapt laws.- for the purpose of facilitating the application in relation to the state of uttar pradesh of any law made before the appointed ..... within the state of uttar pradesh. no consultation is necessary under the statutory provisions of the u.p. sugar cane (regulations of supply and purchase) act, 1953 with the cane commissioner of uttaranchal before providing reservation/assignment. the state government of uttar pradesh while passing the impugned order has failed to appreciate ..... hereinafter referred to as the act) can reserve a sugar cane area within the territorial limits of uttar pradesh in favour of a sugar factory situate in the state of uttaranchal.2. the facts relevant for the decision of the present writ petition are as follows. petitioner, m/s triveni engineering industries limited, unit disband, district .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC666; (2002)1UPLBEC631
..... to the few cases :the first case is jitendra nath biswas v. empire of india and ceylone tea co.. air 1990 sc 255. this was a case regarding industrial dispute- the suit was filed for reinstatement and back wages. it was held that the relief cannot be granted by the civil court and the jurisdiction is barred.the ..... the respondent that no notice was served. no procedure has been prescribed nor there is any provision for producing evidence. therefore, the remedy provided under section 27 of the act cannot be said to be an adequate remedy so as to infer that the jurisdiction of the civil court is barred.12. i, therefore, find that the jurisdiction of ..... the following substantial question of law :-whether the civil court had jurisdiction to entertain the suit in view of the provisions contained in the u. p. urban planning and development act. 1973?'4. i have heard sri ashok mohlley, learned counsel for the appellants and sri a.s. diwaker, learned counsel for the respondents no. 1.5. this appeal .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC558; (2002)1UPLBEC444
..... cancelled if the commercial user of these plots is not stopped.8. it may be mentioned that section 9 (2) (b) of the u. p. industrial development area act, 1976, states that the authority constituted under section 3 may, with the prior approval of the state government, make regulations providing for the layout plan of a ..... cause to be used such force for this purpose as may be necessary. under section 15, penalty can be imposed for contravening any provision of the act or rules.9. the new okhla industrial development area (preparation and finalisation of plan) regulations, 1991, defines 'residential use' in regulation 2 (k) as follows :' 'residential use' means ..... building, whether industrial, commercial or residential. hence in the layout plan for construction of a building, the purpose for which the building will be used has to be mentioned. under section 14 of the act, if any condition of the transfer is breached the executive officer .....
Tag this Judgment!Court : Allahabad
Reported in : 2002CriLJ1253; (2002)ILLJ907All
..... certificate of the pradhan. the learned magistrate has observed that the medical certificate filed by the applicant was not in accordance with section 16(2) of the act and therefore, it cannot be relied on in evidence. the appellate court has observed that in case the occupier of the establishment did not agree with the ..... . the enforcement officer prepared spot note and filed complaint against the applicant for the offence punishable under section 14(1) of child labour (prohibition and regulation) act, 1986, hereinafter called the act. during trial the prosecution examined hira lal sharma (p.w.i), s.k. srivastava (p.w.2) and sri o.p. gupta (p.w. ..... 14 in criminal appeal no. 297 of 2000 dismissing the appeal and confirming the conviction of the applicant under section 14(1) of child labour (prohibition and regulation) act, 1986 and sentence of three months r.i. recorded by iv additional chief judicial magistrate, varanasi in criminal case no. 722 of 2000, vide order dated november 16 .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC976; 2004CriLJ2392
..... case of mahabir jute mills ltd. v. shibban lal, air 1975 sc 2057, wherein it was held that an order of reference made by the state government under the industrial disputes act on the basis of an order passed in writ petition falls automatically with the dismissal of the writ petition and it is not even necessary for making a prayer for ..... contempt because shri s.m. ifrahim had no jurisdiction to decide the appeals.'26. in d.m. samyulla v. commissioner, corporation of the city of bangalore, 1991 klj 352, the karnataka high court stated the law in the following terms, with reference to the decision of the court of appeal in hadkinson v. hadkinson, 1952 (2) all er 567 : 'the ..... court in the case of state of u.p. v. ratan shukla (supra) and of the karnataka high court in the case of d. m. samyulla (supra) the hon'ble supreme court in the case of tayabbhai m. bagasarwalla and anr. v. hind rubber industries pvt. ltd., etc., air 1997 sc 1240, has held that where the interim orders have been .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(1)ARBLR110(All); [2004]55SCL54(All)
..... of an agreement, the corporation has two remedies available to it against the defaulting industrial concern, one under section 29 and another under section 31 of the act. the choice for availing the remedy under section 29 or section 31 of the act is that of the financial corporation alone and the defaulting concern has no any ..... of the said air).'19. the right vested in the corporationunder section 29 of the act is besides the right already possessed at common law to ..... the rights under section 29 of the act by giving up the pursuit under section 31 at any stage of the proceedings is available to the corporation. the two provisions must be so harmonized as to facilitate the corporation to recover its dues from the defaulting party. ...........'23. the supreme court further held (paragraph 19 .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC992
..... the right to administer is subject to permissible regulatory measures. permissible regulatory measures are those which do not restrict the right of administration but facilitate it and ensure better and more effective exercise of the right for the benefit of the institution and through the instrumentality of the management ..... of a constitution bench of this court in writ petition no. 317/1993- t.m.a. pal foundation and ors. etc. v. state of karnataka and ors. etc. and connected batch decided on 31st october, 2002.all statutory enactments, orders, scheme, regulations will have to be brought in ..... muslimresidential muslim university at university at aligarh, and toaligarh, and to dissolve the dissolve the societies registeredsocieties registered under the under the societies' registrationsocieties'registration act, act, 1860, which are1860, which are respectively respectively known as theknown as the mohammadan mohammadan anglo orientalanglo oriental college, aligarh, college, aligarh, and the .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)IIILLJ12All
..... includes such allowances including dearness allowance as the workman is for the time being entitled to.16. the supreme court, in bharat electronics ltd., bangalore v. industrial tribunal karnataka, bangalore and anr. (supra) has held that allowance which is not contingent on actual working is part of wages for the purposes of section 33( ..... at the time of his dismissal would form part of wages as contemplated under section 2(y) of the act or not? from the decision of the supreme court in bharat electronics ltd., bangalore v. industrial tribunal karnataka, bangalore and anr. (supra), it is clear, that leave encashment is only earnable after active serving and ..... y) of the act. consequently excess payment was paid by the petitioner which amount was far more in excess than the shortfall of rs. 110/-. for the sake of repetition, the supreme court in the case of syndicate bank ltd. v. k. ramanath v. bhat (supra), bharat electronics ltd., bangalore v. industrial tribunal karnataka, bangalore and anr .....
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