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V.R. Bhojegowda Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2010(1)KarLJ333

..... if that is so, then the question for decision-making before the labour court was; whether a daily wager is entitled to wages without being engaged and without discharging duties?6. ..... indisputably, the claim for difference of wage is for the period during the pendency of writ petition, calling in question the award of the labour court directing reinstatement as a daily wager without backwages or consequential benefits. ..... per contra, sri ramachandran, learned counsel for the respondent-management contends that the petitioner was and even now is a daily wager, and the award of the labour court was to reinstate the petitioner as a daily wager. ..... learned counsel further contends that the labour court misread the award, while rejecting the application.4. ..... an examination of the order of the labour court, does not disclose any legal infirmity, calling for the interference.8. ..... 4 of 2007 before the labour court, at chickmagalur invoking section 33-c(2) of the industrial disputes act, 1947, for a direction to pay rs. ..... the labour court was fully justified in dismissing the application by the order impugned.petition is accordingly rejected. ..... in my opinion, no exception can be taken to the reasons assigned and the conclusion arrived at by the labour court. ..... the labour court having considered the award dated 14-12-2000 and keeping in mind the fact that the petitioner was a daily wager, held that the petitioner was not entitled to any sum of money, and accordingly by .....

N.M. Naik Vs. Presiding Officer, Labour Court, Hubli and anr.

Court : Karnataka

..... (p and h), it was held that though ex parte decision was possible under rule 22 of the industrial tribunal (central) rules, 1957, the labour court cannot, by making a rule or otherwise, absolve itself of the duty to determine the industrial dispute referred to it on merits, that the said rule 22 would only enable the labour court to proceed as if a party had duly attended or had been represented, even if such a party is absent and if sufficient cause is ..... the inevitable conclusion to be reached, therefore, is that, though in view of rule 22 of the rules as earlier referred to, even where the workman remains absent, the labour court/tribunal can proceed to deal with reference, such dealing with the reference shall have to be for the purpose of determination of reference on merits so that the order that it eventually passes could be termed ..... being an 'award' within the meaning of section 2(b) of the act, the industrial dispute concerned very much remained to be adjudicated upon, and the petitioner-workman having approached the labour court in exercise of his right under section 10(4-a) of the act, had the right to have the said dispute determined on merits. ..... it was observed that in cases wherein disputes are referred for adjudication before the industrial tribunal as between labour and the management, it would invariably result in denial of justice if, merely on the ground of absence before the tribunal on a particular date of hearing, the reference itself is rejected and the very .....

Manipal Printers and Publishers Private Limited Vs. Workmen of Manipal ...

Court : Karnataka

Reported in : [2001(88)FLR599]; ILR2000KAR4813; 2001(1)KarLJ517

..... to appreciate the above contention, it is relevant to look into section 11(1) and 11(3) of the act which are as follows:section 11(1): subject to any rules that may be made in this behalf, an arbitrator, a board, court, labour court, tribunal or national tribunal shall follow such procedure as the arbitrator or other authority concerned may think fit. ..... in respect of such other matters as may be prescribed, and 'every enquiry or investigation by a board, court, labour court, tribunal or national tribunal, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code. 8. ..... the 1st respondent herein got a reference to the labour court on the following question: are the 64 workmen as detailed in the annexure appended to this government order working in the manipal power press, manipal represented by the manipal printers and publishers employees association, udupi, justified in ..... section 11(3): every board, court, labour court, tribunal and national tribunal shall have the same powers as are vested in a civil court under the code of civil procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters, namely.- a. .....

The Karnataka Workers Union. Vs. the Management of M/S. Trendy Tissues ...

Court : Karnataka

..... i.a.3 filed by the petitioners under s.10 (4) read with s.11 of the industrial disputes act, 1947 ('the act' for short) regarding payment of interim relief pending disposal of the reference having been rejected by the labour court, the workmen have filed this writ petition.2. ..... i.a.3 was filed for interim relief which, the labour court has found as unjustified, in view of the fact that, the earlier orders have put the parties on notice as to the co-operation to be extended with each other and also with the court for disposal of the ..... a reference has been made to the labour court under s.10(1)(c) of the act for adjudication of the matter relating to the termination of service of 8 workmen by the management. ..... if that be so, the labour court to take up the matter on day-to-day basis from 5,4.11 upto 8.4.11, complete the hearing of the arguments by 8.4.11, on which date, the management shall pay the subsistence allowance at rs.1,500/- to each of the workman. ..... the labour court to decide the reference as early as practicable and at any event, before 30.4.11. ..... the management has opted to establish the misconduct of the workmen before the labour court.3. .....

West Coast Papers Mills Ltd. Vs. Adarshappa s.kadrolli

Court : Karnataka Dharwad

..... careful understanding of the above observation, of course it is the general principle, which has been laid down in the above said case that, normally the court should not interfere with the orders of the labour court or the trial court whenever, the trial court decides a preliminary point in favour of either of the parties, particularly when the proceedings are not terminated, because the parties would get ample opportunity ..... above said facts and circumstances, i find sufficient force in the arguments of the learned counsel for the petitioner and i am of the opinion that, the labour court has committed a serious mistake in holding that, the enquiry was unfair only on the technical ground that, the enquiry officer was not legally appointed by the ..... : with law so far as the 2nd point formulated by it.4) in view of the matter is of the year 2013, nearly 5 years have already been elapsed, therefore, the labour court is hereby directed to expedite the proceedings and dispose of the matter by giving finding on the second point in accordance with law within 6 months from the date of receipt of a copy ..... the petitioner west coast paper mills limited has called in question the order passed by the labour court on a preliminary issue with regard to the validity and legality of the disciplinary enquiry held by the petitioner ..... wherein the similar regulation of the nwkrtc was questioned before the labour court and the labour court has given specific finding on a preliminary issue with regard to .....

Bharat Electronics Ltd. Vs. Labour Court and Others

Court : Karnataka

Reported in : ILR1996KAR1395; 1996(5)KarLJ94

..... 's case, (1975-ii-llj-379) to ascertain the ratio as well as the question raised both on precedent and on principle, it is undeniable that there is no duty cast on the industrial tribunal or the labour court while adjudicating upon a penal termination of service of a workman either under section 10 or under section 33 to call upon the employer to adduce additional evidence to substantiate the charge of misconduct by giving some ..... a proper enquiry into the alleged misconduct of the employee, and if it does not appear that the proposed dismissal of the employee amounts to victimisation or an unfair labour practice, the tribunal has to limit its enquiry only to the question as to whether a prima facie case has been made out or not. ..... the position what is the validity of any of the findings of the tribunal in a proceeding under section 33(2)(b) can the labour court rely on that finding in a full-fledged enquiry under section 10(1) of the act as can be seen from shankar ..... means only that if the finding under section 33(2)(b) of the act is entered by the tribunal after taking into account all materials on the issue regarding the domestic enquiry, the labour court cannot be found fault with if it concurs with that finding in an enquiry in a proceeding under section 10(1). ..... such opportunity is sought nor there is any pleading to that effect no duty is cast on the labour court or the industrial tribunal suo motu to call upon the employer to adduce additional evidence to substantiate the .....

Airports Authroity Employees Union Regd No 3515 Vs. Union Of India

Court : Karnataka

..... residential buildings for its employees; (f) establish and maintain hotels, restaurants and restrooms at or near the airports; (g) establish warehouses and cargo complexes at the airports for the storage or processing of goods; (h) arrange for postal, money exchange, insurance and telephone facilities for the use of passengers and other persons at the airports and civil enclaves; (i) make appropriate arrangements for watch and ward at the airports and civil enclaves; (j) regulate ..... . we do not see any such dispute arising even in the state's contention regarding legitimate expectation and promissory estoppel, which is solely grounded on communications exchanged between the union government and the state, not having any bearing on their respective powers or authority ..... . while it is expected of a responsible employer to take all aspects into consideration including welfare of the labour before taking any policy decision that, by itself, will not entitle the employees to demand a right of hearing or consultation prior to the taking of the decision.49 .....

H. Nagaraj Vs. Gulbarga University

Court : Karnataka

Reported in : AIR1996Kant326; ILR1996KAR220; 1996(2)KarLJ530

..... . of the candidates, besides leading to utter confusion on account of the enormity of the labour and time involved in the process.'11 .....

The Managing Director, Adarsh Film Institute Vs. Smt. M.K. Sharada and ...

Court : Karnataka

Reported in : [2009(121)FLR465]; ILR2009KAR156; 2009(2)KarLJ669; 2009(1)KCCR610; 2009(2)AIRKarR426

..... as noticed, it is the contention of the learned counsel for the petitioner that the entire basis of the claim put forth by the first respondent herein before the labour court is that she was involved in union activities and therefore, she has been victimised by forcing her to tender her resignation and as such the heavy burden on the first respondent to establish that the said ..... as already noticed above, the learned counsel for the petitioner apart from contending that the relief of reinstatement would not be appropriate at this stage has also strenuously urged that the labour court in any event ought not to have awarded the backwages when there is neither pleading nor proof with regard to non-employment during the period. ..... act has been violated in the guise of acceptance of resignation, as otherwise the protection against victimization and unfair labour practice could be defeated by unscrupulous employers by inducing or coercing and cornering the employee and achieving the object by an engineered resignation due to helplessness of the employee. ..... however, such allegation is not made for the first time in the petition filed before the labour court so as to apply the principle that a person against whom malafides are alleged should be impleaded, but it is contained in the letter of resignation itself to indicate the cause for such resignation. .....

Dr. Bavaguthu Raghuram Shetty Vs. Bureau Of Immigration

Court : Karnataka

..... of performing its judicial function, is also required to perform its role in this direction similar approach is to be necessarily adopted while interpreting bankruptcy laws or even matters relating to corporate finance, etc there is a growing role of economics in contract, labour, tax, corporate and other laws. .....