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P. Sivaswamy Vs. State of Andhra Pradesh

Court : Supreme Court of India

Reported in : AIR1988SC1863; JT1988(3)SC441; 1988LabIC1680; 1988(2)SCALE484; (1988)4SCC466; [1988]Supp2SCR346

..... mishra was furnished to the court, the following order was made:pursuant to the order made by us on 20th of october, 1983, sri lakshmidhar mishra, joint secretary, ministry of labour, government of india, visited the stone quarries at kailaspuram and held an inquiry for the purpose of ascertaining whether there is existence of bonded labour and whether the mines act, 1952, mines rules, 1955, mines vocational training rules, mines creche rules, the contract labour (regulation & abolition) act, and the minimum wages act are being observed ..... gandhiji once said:the earth has enough for every man's need but not for every man's greed.the employer who employs the bonded labour should remember this statement of the father of the nation.13. ..... system (abolition) act of 1976 defines 'bonded labour' and section 4 thereof makes a statutory declaration that-on the commencement of this act, the bonded labour system shall stand abolished and every bonded labourer shall, on such commencement, stand freed and discharged from any obligation to render any bonded labour.detailed provisions have been made for ..... article 23 in the chapter of fundamental rights provides:traffic in human beings and beggar and other similar forms of forced labour are prohibited and any contravention of this provisions shall be an offence punishable in accordance with law.article 42 of the constitution makes it the obligation of the state to make provision for securing just and human conditions of work. .....

Amrith Educational and Cultural Society, Bangalore and Another Vs. Sta ...

Court : Karnataka

Reported in : ILR1996KAR860; 1996(3)KarLJ272

..... the said provision, learned additional government advocate submits that in view of the said provisions under the state act, the state government has competence to direct the examining authorities like the karnataka state secondary education examination board orthe university established under the karnataka state universities act, 1976 ..... the scheme of the central act clearly envisages that after coming into force the chapter iv of the act, no examining body can either grant affiliation or hold examinations of the teacher's training conducted by an institution even if duly recognised under the state laws unless the institution/s concerned has obtained recognition from the ..... the parliament keeping in view the desirability of achieving planned and coordinated development of the teacher education system throughout the country, the regulation and maintenance of proper norms and standards in the teacher education system has enacted the national council for teacher education act ..... , library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by regulations, pass an order granting recognition to such institution,subject to such conditions as may be determined by regulations; or(b) if it is of the opinion that such institution does not fulfil the requirements ..... the constitution of india, under the impugned order dated 27-11-1993 (annexure-s) passed by the .....

Beth Israel Hosp. Vs. Nlrb

Court : US Supreme Court

..... but the board is expert in federal national labor relations policy, and it is in the board, not petitioner, that the 1974 amendments vested responsibility for developing that policy in the health care industry. ..... 793 (1945), articulated the broad legal principle which must govern the board's enforcement of this right in the myriad factual situations in which it is sought to be exercised: "[the board must adjust] the undisputed right of self-organization assured to employees under the wagner act, and the equally undisputed right of employers to maintain discipline in their establishments. ..... 522 (1976), "[t]he locus of [the] accommodation [between] the legitimate interests of both may fall at differing points along the spectrum, depending on the nature and strength of the respective 7 rights and private property rights asserted in any given context. ..... 1150 (1976), the board concluded that the special characteristics of hospitals justify a rule different from that which the board generally applies to other employers. ..... 521 -523 (1976); central hardware co. v. ..... 978 (1976); bankers club, inc. ..... 1150 (1976), enf. ..... 978 (1976); bankers club, inc. ..... 1193, 1197 (1976); app. ..... 1193, 1197 (1976). ..... 706(2)(e) (1976 ed. ..... 1193 (1976). .....

Ford Motor Co. Vs. Nlrb

Court : US Supreme Court

..... [ footnote 15 ] we affirm, therefore, the court of appeals' judgment upholding the board's determination in this case that in-plant food services and prices are "terms and conditions of employment" subject to mandatory bargaining under 8(a)(6) and 8(d) of the national labor relations act. ..... 499 , we could not accept the board's application of the act where we were convinced that the board was moving "into a new area of regulation which congress had not committed to it ..... we have also parted company with the board's interpretation where it was "fundamentally inconsistent with the structure of the act" and an attempt to usurp "major policy decisions properly made by ..... , 538 f.2d 1267 (1976), which had refused enforcement of a board order to bargain about in-plant food prices, enforced the board's order here because, "under the facts and circumstances of this case, in-plant cafeteria and vending machine food prices and services materially and significantly affect and have an impact upon terms and conditions of employment, and therefore are mandatory ..... 2 bureau of national affairs, collective bargaining (negotiation and contracts) 95:421-95:424 (1976). ..... on february 6, 1976, ford notified the union that cafeteria and vending machine prices would be increased shortly by unspecified amounts ..... 455, 461 (1976); and cleanup of lunchroom areas by employees, cosmo graphics, inc ..... bna, labor policy and practice series (personnel management) 245:201-245:204 (1976). ..... denied, 538 f.2d 1267 (ca7 1976). .....

Nlrb Vs. Bildisco and Bildisco

Court : US Supreme Court

..... the general counsel of the board issued a complaint alleging that bildisco had violated 8(a)(5) and 8(a)(1) of the national labor relations act (nlra), 29 ..... the summer of 1980, the union filed unfair labor practice charges with the national labor relations board (board), which found that respondent had violated 8(a)(5) and 8(a)(1) of the national labor relations act (nlra) by unilaterally changing the terms of the collective bargaining agreement and by refusing to negotiate with the union, and ordered respondent to make the pension and health contributions and to remit dues to the union ..... (1968) (damages resulting from negligence of receiver administering an estate under chapter xi of the bankruptcy act afforded first priority as an administrative expense). ..... the first major revision of the bankruptcy laws since 1938, the bankruptcy reform act consolidated three reorganization chapters of the former bankruptcy act into a single business reorganization chapter, with the intention that business reorganizations should be quicker and more efficient and provide greater protection to the debtor, creditors, and the public ..... though the board's action is nominally one to enforce 8(d) of that act, the practical effect of the enforcement action would be to require adherence to the terms of the collective bargaining ..... gorman, basic text on labor law 132 (1976) (conduct that violated 8(5) also violated 8(1) ..... 536 f.2d 950, 954-955 (ca1 1976); in re italian cook oil corp ..... f.2d 950, 954-955 (ca1 1976). .....

Volkswagenwerk Ag Vs. Fmc

Court : US Supreme Court

..... questions concerning the representation of employees of a maritime employer shall be considered and determined by the national labor relations board in accordance with the provisions of the national labor relations act: provided, however, that nothing in this title shall constitute a repeal or otherwise affect the enforcement of any of the navigation laws of the united states or any other laws relating to seamen. ..... since the commission's decision in the present case, congress has explicitly given it such authority: "the federal maritime commission, upon application or on its own motion, may by order or rule exempt for the future any class of agreements between persons subject to this chapter or any specified activity of such persons from any requirement of this chapter, or intercoastal shipping act, 1933, page 390 u. s. ..... [ footnote 17 ] "the commission shall by order, after notice and hearing, disapprove, cancel or modify any agreement, or any modification or cancellation thereof, whether or not previously approved by it, that it finds to be unjustly discriminatory or unfair as between carriers, shippers, exporters, importers, or ports, or between exporters from the united states and their foreign competitors, or to operate to the detriment of the commerce of the united states, or to be contrary to the public interest, or to be in violation of this chapter, and shall approve all other agreements, modifications, or cancellations. .....

Fmc Vs. Pacific Maritime Assn.

Court : US Supreme Court

..... -- cooperative working arrangements, 18 f.m.c.196 (1975), the commission first rejected the suggestion that, because the case called for accommodating the shipping act and the labor statutes, as well as determining whether the parties had exceeded the scope of legitimate bargaining, the commission should not itself decide the issue, but should defer to the courts or to the national labor relations board. ..... "it is implicit in the entire structure of the act that the board acts to oversee and referee the process of collective bargaining, leaving the results of the contest to the bargaining strength of the parties. . . . ..... 814, provides as follows: "every common carrier by water, or other person subject to this chapter, shall file immediately with the commission a true copy, or, if oral, a true and complete memorandum, of every agreement with another such carrier or other person subject to this chapter, or modification or cancellation thereof, to which it may be a party or conform in whole or in part, fixing or regulating transportation rates or fares; giving or receiving special rates, accommodations, or other special privileges or advantages; controlling, regulating, preventing, or destroying competition ..... 248, 25251, 543 f.2d 395, 397-398 (1976) (footnotes omitted). ..... 248, 260, 543 f.2d 395, 407 (1976). ..... 248, 543 f.2d 395 (1976). .....

Railway Clerks Vs. Employees Ass'n

Court : US Supreme Court

..... act: "if any dispute shall arise among a carrier's employees as to who are the representatives of such employees designated and authorized in accordance with the requirements of this chapter, it shall be the duty of the mediation board, upon request of either party to the dispute, to investigate such dispute and to certify to both parties, in writing, within thirty days after the receipt of the invocation of its services, the name or names of the individuals or organizations that have been designated and authorized to represent the employees involved in the dispute, and certify the same to the ..... january 18, 1963, when united advised the board that it was "willing to allow a ballot box election on company property provided the ballot follows the form used by the national labor relations board," i.e. ..... 650 certiorari to the united states court of appeals for the district of columbia circuit syllabus the brotherhood of railway and steamship clerks (brotherhood) filed with the national mediation board (board) an application under 2, ninth of the railway labor act, which, as later amended, requested investigation of a representation dispute among the "clerical, office, stores, fleet and passenger service" employees of united air ..... 2/6 ] because the national mediation board has hewn to the mistaken belief that its duty is to encourage collective representation in the airline industry, i would remand this case to the board for further consideration in the light of the views here expressed. .....

Nlrb Vs. Baptist Hosp., Inc.

Court : US Supreme Court

..... " "the judicial role is narrow: the rule which the board adopts is judicially reviewable for consistency with the act, and for rationality, but, if it satisfies those criteria, the board's application of the rule, if supported by substantial evidence on the record as a whole, must be enforced. ..... because its usual presumption that rules against solicitation on nonwork time are invalid [ footnote 7 ] gives too little weight to the need to avoid disruption of patient care and disturbance of patients in the hospital setting, the board has indicated that it will not regard as presumptively invalid proscriptions on solicitation in immediate patient care areas. ..... 773 certiorari to the united states court of appeals for te sixth circuit syllabus intervenor labor union filed unfair labor practice charges with the national labor relations board with respect to respondent hospital's rule prohibiting solicitation by its employees at all times "in any area of the hospital which is accessible to or utilized by the public," including the lobbies, gift shop, cafeteria, and entrances on the first floor, as well as corridors, sitting rooms, and public restrooms on the other floors. ..... 344, 348 (1976); and that only a small number of patients actually use the cafeteria, app. ..... 1193, 1199 (1976) (emphasis added); see nlrb v ..... 771 (1976), enf. ..... 176 (1976), enf. ..... 1193 (1976), enf'd, 554 f.2d 477 (ca1 1977), aff'd, 437 u. s ..... 1150 (1976), enf. ..... 344, 348, 357 (1976), enf. ..... 1150 (1976), enf. ..... 521 -523 (1976). ..... 344, 347 (1976). .....

Textile Workers Vs. Lincoln Mills

Court : US Supreme Court

..... perhaps also the qualifications imposed on a union's right to utilize the facilities of the national labor relations board, dependent on the filing of non-communist affidavits required by 9(h) and the information and reports required by 9(f) and (g) might be read as restrictions on the right of the union to sue under 301, again providing a federal basis for challenge to the union's authority. ..... " "(d) any employee who participates in a strike or other interference with the performance of an existing collective bargaining agreement, in violation of such agreement, if such strike or interference is not ratified or approved by the labor organization party to such agreement and having exclusive bargaining rights for such employee, shall lose his status as an employee of the employer party to such agreement for the purposes of sections 8, 9, and 10 of the national labor relations act: provided, that such loss of status for such employee shall cease if and ..... " "(b) any labor organization which represents employees in an industry affecting commerce as defined in this chapter and any employer whose activities affect commerce as defined in this chapter shall be bound by the acts of its agents. .....