Court : Guwahati
..... the writ petitioners before us have challenged the vires of the provisions of section 36(4) of the industrial dispute act, 1947, which reads as follows :'in any proceeding (before a labour court, tibunal or national tribunal) a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and (with the leave of the labour court, tribunal or national tribunal, as the case may be).' 4. ..... the writ petitioners have also contended that the impugned provisions of law do not subserve the very object of the industrial disputes act, which provides for investigation and settlement of industrial disputes and the very aim of the act is to maintain a healthy working environment for production and amity between the management and the workmen. ..... this did not find favour with the full bench of the andhra pradesh high court and the full bench merely reiterated its fond hope that the legislature may consider the matter or is to vest the authority either in the court or in the tribunal.13. ..... the writ petitioner-management of muttrapore tea estate is engaged in the business of manufacturing of tea having tea estate in the district of sibsagar. ..... andhra pradesh state electricity board, reported in 1995 (2) lab & ind. .....
Tag this Judgment!Court : Guwahati
..... that act 2000 effecting the amendments amongst others to section 21 of the act had received the assent of the president on 29.12.2000 and, therefore, an endeavour was made on behalf of the petitioners to undo the same by contending that in absence of any material on record to demonstrate that the attention of the president had been drawn to the aspect of repugnancy between the proposed state law and the earlier law made by the parliament as well as the necessity of such a law, the assent accorded was of no consequence and, therefore, did not save the enactment under challenge.71. the decision of ..... it however, declined the prayer for refund of cess already collected, but injuncted further realization of cess at different check gates on the national highway.in civil appeal 3969/2001 preferred by the board before the apex court, it by its order dated 13.08.2001 stayed the operation of the judgment of the full bench on the condition that the amount collected would be refundable in the event of dismissal of the appeal would have to be paid back with interest @ 15%. ..... while endorsing the retrospective amendments of the act, the learned advocate general repudiated the contrasting arguments pleading that as the present proceedings are not in the nature of public interest litigation, no contention as raised therein by an insignificant group of traders administering their business without complying with the prescriptions of the legislation ought to be entertained. .....
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