Court : Karnataka
..... the expiry of forty-five days from the date he has made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and in receipt of such application the labour court or tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate government in accordance with the provisions of this act ..... any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c): provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it considers ..... with or relevant to the dispute to a court for inquiry; or (c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a tribunal for adjudication: ..... the petitioner could not deliver the products to its customers on time due to non cooperation of the labour, the labour being absent and as such the customers of the petitioner cancelled the orders, imposed late delivery charges, .....
Tag this Judgment!Court : Karnataka
..... the expiry of forty-five days from the date he has made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and in receipt of such application the labour court or tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate government in accordance with the provisions of this act ..... any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c): provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it considers ..... with or relevant to the dispute to a court for inquiry; or (c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a tribunal for adjudication: ..... the petitioner could not deliver the products to its customers on time due to non cooperation of the labour, the labour being absent and as such the customers of the petitioner cancelled the orders, imposed late delivery charges, .....
Tag this Judgment!Court : Karnataka
..... the expiry of forty-five days from the date he has made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and in receipt of such application the labour court or tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate government in accordance with the provisions of this act ..... any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c): provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it considers ..... with or relevant to the dispute to a court for inquiry; or (c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a tribunal for adjudication: ..... the petitioner could not deliver the products to its customers on time due to non cooperation of the labour, the labour being absent and as such the customers of the petitioner cancelled the orders, imposed late delivery charges, .....
Tag this Judgment!Court : Karnataka
..... the expiry of forty-five days from the date he has made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and in receipt of such application the labour court or tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate government in accordance with the provisions of this act ..... any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c): provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it considers ..... with or relevant to the dispute to a court for inquiry; or (c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a tribunal for adjudication: ..... the petitioner could not deliver the products to its customers on time due to non cooperation of the labour, the labour being absent and as such the customers of the petitioner cancelled the orders, imposed late delivery charges, .....
Tag this Judgment!Court : Karnataka
..... the expiry of forty-five days from the date he has made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and in receipt of such application the labour court or tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate government in accordance with the provisions of this act ..... any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c): provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it considers ..... with or relevant to the dispute to a court for inquiry; or (c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a tribunal for adjudication: ..... the petitioner could not deliver the products to its customers on time due to non cooperation of the labour, the labour being absent and as such the customers of the petitioner cancelled the orders, imposed late delivery charges, .....
Tag this Judgment!Court : Karnataka
..... the expiry of forty-five days from the date he has made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and in receipt of such application the labour court or tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate government in accordance with the provisions of this act ..... any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c): provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it considers ..... with or relevant to the dispute to a court for inquiry; or (c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a tribunal for adjudication: ..... the petitioner could not deliver the products to its customers on time due to non cooperation of the labour, the labour being absent and as such the customers of the petitioner cancelled the orders, imposed late delivery charges, .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR461
..... and once that happens that in view of the law laid down by the supreme court in air india statutory corporation's case, (1997-i-llj-1113), the abolition of contract labour system ensures a right to the workmen for regularisation of their services as regular workmen of respondent-company and if in the meanwhile, the respondent-company were to terminate the services of ..... is substantial potential in the company to continue their services and also submits that the petitioners have great hope that the state government may abolish the contract labour system in the respondent-company and a direct relationship of employer and employee may be created between the principal employer and the employee by removing the contractor ..... powers under section 10(2) of the act and also preventing the state government, to consider whether the job done by the contract labourers is incidental or necessary for the industry, trade, business, manufacture or occupation that is carried on in the establishment and whether it is perennial in nature and whether it is of substantive ..... and regularisation of their services and thereafter, even before the state government could consider and decide the request of the petitioners union for abolition of contract labour under the act terminated the contract that was awarded to sri ethiraj and sri siddaramaiah, the main contractors, thereby preventing the state government to exercise its .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007KAR499; 2007(2)KCCR913; 2007(1)AIRKarR525(DB)
..... of the workmen would indicate mat the said issue is being raised on behalf of the artisans concerned ever since the year 1976 and even though in the counter statement filed before the labour court, the appellant has attempted to make out a case mat there is no relationship whatsoever, what requires to be noticed is the first reply which was issued by the managing director of the ..... answer the contentions raised by the learned counsel for the appellant with regard to jural relationship, learned senior counsel would point out to the evidence which was available before the labour court and the nature of the work and also the fact that the appellant was registered as a factory under the provisions of the factories act and would indicate that there ..... while assailing the order passed by the learned single judge would contend that the learned single judge has failed to notice that there was no sufficient evidence before the labour court to come to the conclusion that the persons in whose favour the dispute had been raised by the respondent-union were workmen as contemplated under section 2(s) of the industrial disputes ..... of transaction in order to find out as to whether the said transaction would amount to jural relationship of employer and employee in addition to the artisans being workmen, the labour court has taken into consideration the entire gambit of the matter and a comprehensive test has been applied and not merely me supervision test as contended by the learned counsel for .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(6)KarLJ66; 2008(5)AIRKarR9; 2008LabIC(NOC)1057(Kar)(DB)
..... out that, the material aspects relating to the conducting of the enquiry is just and fair manner has been dealt at length with reference to the evidence on record produced before the labour court, in the order dated 6.3.2002, which is based on proper consideration and appreciation of the material evidence placed on record and that the said order is neither perverse nor illegal, ..... levelled against the workman, have been duty proved by examining the witnesses in the enquiry, which record was produced before the labour court through mw.1 and on consideration thereof, the findings have been recorded, both by the enquiry officer as well as the labour court and the conclusions reached are based on consideration of evidence on record and hence there is neither surmises nor conjectures, as ..... to disturb the conscience of the court, or the existence of any mitigating circumstances which requires the reduction of the sentence, or the past conduct of the workman which may persuade the labour court to reduce the punishment in the absence of any such factor existing, the labour court can not by way of sympathy alone exercise the power under section 11-a of the act and reduce the punishment. ..... of law degree, he had not practiced as an advocate and had no previous experience of conducting the domestic enquiry, it was held by the labour court that the management was not represented by legal practitioner or legally trained person with an ability to function as prosecutor in domestic matters.(e). .....
Tag this Judgment!Court : Karnataka
Reported in : (2001)ILLJ1166Kant
..... observed:'when there is a raise in index and such raise was more recent, even so, the demands were not of such an urgent nature that the interests of labour would have suffered in-reparably if the procedure prescribed by law for settlement of such disputes through industrial tribunal was resorted to. ..... is forgotten many times, is that as against the employment and the service conditions available to the organised labour in this undertakings, there are millions who are either unemployed, under-employed or employed on less than ..... in a case like this both the capital and the labour are to act as the trustees of the said resources on behalf of the society and ..... this is what the president has written to the assistant labour commissioner 'of course, the workers are not able to give the peak level production, but they are ..... in this task, both the capital and the labour are to act as the trustees of the said resources onbehalf of the society and ..... that it was right for the high court to interfere with the award of a labour court under article 226 on a mere technicality.'b.r. ..... today, the organised labour in these institutions has acquired even the power of holding the society at large to ransom, by withholding labour and thereby compelling the managements to give in on their demands ..... with the emergence of the organised labour, particularly in public undertakings and public utility services, the old balance of economic power between the management and the workmen has undergone a qualitative .....
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