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Management Vs. the Labour Court

Court : Chennai

..... subsequent directions and the impugned orders issued by the first respondent by invoking section 166 of the act 1983 were well within the powers and jurisdiction of the first respondent.15.therefore, the labour court's findings set out above are really erroneous and contrary to the dictum laid down by the division bench of this court.16.further, whether a worker is entitled to pay on the ..... settlement and that he was not a member of the union which signed the settlement will not get deny him the benefits of the settlement as he was a permanent cashier.8.though the labour court noted ex.p.5 a resolution passed by the executive committee, appointing the second respondent on permanent basis in the cadre of cashier with effect from 26.11.1999, ex.p.5 was relied upon in ..... been earlier adjudicated or recognised by the employer and thereafter for the purpose of implementation or enforcement thereof some ambiguity requires interpretation that the interpretation is treated as incidental to the labour court's power under section 33-c(2) like that of the executing court's power to interpret the decree for the purpose of its execution.13.in these matters, the claim of the respondent- ..... but on the fourth issue, regarding the workman being employed on daily wages without consulting the employment exchange, the labour court recorded a finding that the certificate issued by the registrar of co-operative societies clarifying that irregular appointments made from 08.07.1980 to 12.03.2001 will be .....

Kollidam Aaru Pathukappu Nala Sangam Vs. 1.The Union of India, Rep.by ...

Court : Chennai

..... in connection with the affairs of the union or of any state or any local or other authority, article 323b empowers the parliament to create tribunals for the resolution of any disputes, complaints or offenses with respect to taxation, foreign exchange, labour dispute, land reforms, elections, essential goods, etc.18. ..... act by a tribunal in relation to recruitment and matters concerning recruitment to any service or post or service matters concerning members of any service or persons appointed to any service or post, no court except, (a) the supreme court; or (b) any industrial tribunal, labour court or other authority constituted under the industrial disputes act, 1947 (14 of 1947) or any other corresponding law for time being in force, shall have or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment .....

Palanisamy S. Vs. Management of Jyothi Bus Transport and anr.

Court : Chennai

Reported in : (2008)IIILLJ670Mad

..... such retrenchment as required under clause (c) of section 25-f in form 'r' to the state government, the commissioner of labour, madras, the conciliation officer having jurisdiction over the area and the employment exchange concerned and such notice shall be served on that government, the commissioner of labour, madras, the conciliation officer having jurisdiction over the area and the employment exchange concerned by registered post in the following manner: (a) where notice under clause (a) of section 25-f is given to ..... down the following propositions: (1) that the management can retrench its employees only for proper reasons, which means that it must not be actuated by any motive of victimisation or any unfair labour practice, (2) that it is for the management to decide, the strength of its labour force, for the number of workmen required to carry out efficiently the work in his industrial undertaking must always be left to be determined by the management in its discretion, (3) if the ..... learned counsel for the respondent further submitted that when the petitioner has failed to discharge the burden of proving mala fide and unfair labour practice and in the absence of any strong evidence to infer motive, there is no need to re-appreciate the evidence and come to ..... lastly, learned counsel for the petitioner further submitted that since the petitioner had moved the labour court for fixing the minimum wages, the respondent actuated by motive, victimised the petitioner and retrenched .....

Perambalur Sugar Mills Employees Union Ltd. and anr. Vs. Perambalur Su ...

Court : Chennai

Reported in : (2002)IILLJ1006Mad

..... view appears to be that it should be mandatory for the requisitioning authority/ establishment to intimate the employment exchange, and employment exchange should sponsor the names of the candidates to the requisitioning departments for selection strictly according to seniority and reservation ..... has also held that such instructions are issued, the instructions would not be in violation of the provisions of the employment exchange act, but it would be in conformity with articles 14 and 16 of the constitution of india, since it would prevent ..... industry being a 'seasonal industry', the government can very well prescribe more conditions in addition to the provisions of the employment exchange (compulsory notification of vacancies) act, 1959, and also of the fact that all the 33 workmen do not fulfil both the conditions, we are of the view that their claim for regularisation was rightly negatived by the, labour court as well as the learned single judge of this court. ..... inasmuch as the labour court has rendered a factual finding that none of the workmen had been sponsored by the employment exchange and only 10 out of the 33 workmen had completed 480 days in a period of four seasons, that none of them had completed 240 days in a single year and that section 25-f ..... the labour court, after holding that the workmen concerned failed to satisfy the two conditions, namely, that all of them were not sponsored by the employment exchange and there is no evidence to show that they worked for 240 days .....

R.ilayarajA. Vs. the Commissioner, and ors.

Court : Chennai

..... thereafter, the government issued g.o.ms.no.23, labour and employment department, dated 14.02.1994, stating that the person, who was in the live register of the employment exchange for more than 10 years and failed to renew at the due date, could be given 18 months time from the due date of renewal without medical certificate.10. ..... according to the learned special government pleader, the petitioner shall be covered by only g.o.ms.no.721, labour and employment department dated 25.05.1990, as the said government order is meant for the persons like the petitioner, who did not join the post after getting appointment and wanted renew the registration. ..... in 2008, the government issued g.o.ms.no.7, labour and employment department dated 25.01.2008, connecting the employment exchanges through computers. ..... 18 months time for renewal in the case of defaulters for one time was removed and the subsequent defaults could also be set right by approaching the employment exchange within the period of 18 months from the date of renewal. ..... according to him, he approached the district employment exchange office during the year 2006 and he was shocked to know that his name has been removed in the live register. ..... moreover, the government issued g.o.ms.no.401, labour and employment department dated 05.07.2010, as an one time measure, permitting the persons, who failed to renew during 2006, 2007, 2008 and 2009, to renew within a period of three months from 05.07.2010. i.e. .....

The Management of Vellore Co-operative Sugar Mills Ltd., Rep. by Speci ...

Court : Chennai

Reported in : (2005)IILLJ632Mad

..... records, it is also seen that the special officer has been asked to explain why a person has been properly appointed through the employment exchange for the post of telephone operator and why the second respondent has been engaged off and on, on a daily basis. ..... learned counsel for the petitioner that the second respondent was not appointed in accordance with the provisions of the co-operative societies act and since he had not been notified through the employment exchange, his appointment his irregular and therefore, the question of an illegal termination and consequent reinstatement will not arise. ..... deputy commissioner of labour, madurai], it was held that appointments made without going through the employment exchange is not merely an irregular appointment, but an illegal appointment and that a person illegally appointed does not acquire the status ..... , labour court, salem], employees of the co-operative society had been appointed irregularly and without going through the employment exchange. ..... they were not recruited through the employment exchange or through any other accepted mode ..... regarding appointments made bypassing the employment exchange, thus frustrating the hopes of those who are waiting at the employment exchange for a long time. ..... records, it is seen representations have been made by the second respondent to regularize his services, to which the petitioner has replied that since his name has not been notified through the employment exchange, his request cannot be granted. .....

Poori R. (Alias) Bhoopathi Vs. Presiding Officer, Labour Court and anr ...

Court : Chennai

Reported in : [2002(95)FLR624]; (2002)IVLLJ16Mad

..... therefore, the employee raised the industrial dispute and the first respondent, the labour court found that since the appointment was irregular and not through employment exchange, the principles relating to section 25-f of the industrial disputes act will not ..... however, learned counsel for the petitioner contends that the conclusion of the labour court that no show-cause notice is necessary and that there was no necessity to comply with the requirements under section 25-f of the industrial disputes act is not correct in view of the judgment of the supreme court ..... that the petitioner had been appointed without being sponsored by employment exchange has not been disputed by the petitioner. ..... employee whose claim was rejected by the labour court is the writ-petitioner herein.2 ..... that the petitioner had worked for more than 240 days and he is entitled to a show-cause notice and for compliance of the provisions under section 25-f of the industrial disputes act, the conclusion of the labour court cannot be sustained.8. ..... services were terminated with effect from: october 28, 1991 on the ground that the petitioner was not recruited through the employment exchange. ..... writ petition, the petitioner prays for writ of certiorarified mandamus to call for the award of the labour court, vellore, in i.d. no. ..... labour court, chandigarh, : that was a case in which the objection by the management was that the respondents workmen were terminated from service on the ground that the chairman had no power to .....

A.Kamarunnisa Ghori. Vs. the Chairperson Prevention of Money Launderin ...

Court : Chennai

..... under the explosives act, 1884paragraph-7offences under the antiquities and arts treasures act, 1972paragraph-8offences under the securities and exchange board of india act, 1992paragraph-9offences under the customs act, 1962paragraph-10offences under the bonded labour system (abolition) act, 1976paragraph-11offences under the child labour (prohibition and regulation) act, 1986paragraph-12offences under the transplantation of human organs act, 1994paragraph-13offences under the juvenile justice (care .....

Management of Tiruttani Co-operative Sugar Mills Ltd. Vs. Presiding Of ...

Court : Chennai

Reported in : (2002)ILLJ589Mad; (2001)3MLJ548

..... even though a summon for appearance before the first respondent appears to have been received by the then administrator of the management, he did not bring the same to the notice of the labour consultant and therefore, the management could not present its case before the first respondent and the first respondent passed the ex parte award. ..... , (supra) that judgment relates to the appointments at the' initial stage where appointments need not be through employment exchange when the posts are filled up from among the unskilled workers. ..... the contention of the learned counsel for the petitioner as the non-applicability of the employment exchange (compulsory notification of vacancies) act, 1959, the provisions of sections. ..... the learned counsel submitted that, the demand of workmen to frame a promotional policy is totally unjustifiable and unwarranted, since the workmen of the union were employed without reference to the employment exchange and without reference to the minimum educational qualifications. ..... unskilled worker, the provisions of the employment exchanges (compulsory notification of vacancies) act, 1959 ..... that the daily rated workmen were all unskilled workmen and therefore placing reliance that the workmen were not recruited through employment exchange is also not sustainable. ..... that at the time when the workmen of the union were employed, they were not insisted with any educational qualification and they were not also sponsored through employment exchange as daily rated workmen. .....

Vinoth Kumar Vs. the Director of Agriculture and ors.

Court : Chennai

..... is concerned should be exercised only by the heads of departments concerned as hitherto and: (d) that all such cases should be reported by the appointing authorities concerned to the government in labour, employment and housing department, the concerned administrative department in the secretariat, the head of the department and the director of employment and training, madras 5.64 the scheme was also extended to ..... be followed while making such appointments.6 as regards appointment on compassionate grounds to the dependants of the persons belonging to scheduled castes killed in a communal clash, the existing provisions as laid down in g.o.ms.no.896, labour & employment dated 09.07.1990 shall be continued subject to the guidelines issued in g.o.ms.no.61 l & e dated 19.7.2006.7 the government hereby extend the period for receiving application for appointment on compassionate grounds for three months ..... the instruction are applicable to the case of the petitioner is to be independently considered at appropriate stage.22 the writ petition is opposed by the respondents on the ground that g.o.ms.no.135, labour and employment dated 04.10.2006 is for fixing the seniority among the applicants for compassionate appointment, and therefore is valid in law, as it applies to a specified class of the persons, who form ..... recruitment through the employment exchange will be vested with secretaries to government of the departments concerned; and(c) the concurence of the labour department should be .....