Court : Mumbai
Reported in : AIR1963Bom189; (1963)65BOMLR91; ILR1963Bom594; (1963)ILLJ400Bom
..... 25b, 25c, 25d, 25e, 25fff and 25j.10. it is not disputed that there is no provision in the c. p. and berar industrial disputes settlement act, 1947, for payment of any lay-off compensation. it is true that the worker who has been laid-off under the provisions of the standing order settled in respect of a particular ..... to make an application under any provision of the c. p. and berar act for payment of lay-off compensation as an individual grievance.11. mr. bobde's contention regarding the first point is that the c. p. and berar industrial disputes settlement act, 1947, is a state act on a subject in the concurrent list. this legislation ..... far as his claim for lay-off compensation or retrenchment compensation is concerned. the right given to an individual worker under the c. p. and berar industrial disputes settlement act is limited to 'relief for a specified grievance, namely, his dismissal, discharge, removal or suspension in contravention of the provisions of that act or standing orders .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom44; (1924)26BOMLR754; 83Ind.Cas.370
..... which such villages had hitherto been held, and, further, the provisions of section 36 in respect to the right of permanent occupancy at the expiration of a settlement lease should hold good in regard to those villages or estates.11. section 38 said:it shall also be competent to such officer, with the sanction of the ..... measure a proprietory right; in fact he is an occupant with all the rights and liabilities affecting such a status. the khot has to secure to government the payment of the village revenue, while the village lands which he has to manage in accordance with the restrictions mentioned in the kabulayat fall under three distinct classes. these ..... the british government took possession of the konkan about the year 1818, agreements were entered into between the government and the farmers or khots with regard to the payment of the assessment by the khot to the government. at first the agreements merely stated that the khot was responsible for the assessment since the main object of .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR719; [1959]37ITR53(Bom)
..... to wakfs. 87. mr. palkhivala has relied upon commissioner for stamp duties of new south wales v. perpetual trustee company limited. in that case, by an indenture of settlement made between the settlor and five trustees, of whom the settlor himself was one, it was declared that the trustees should hold certain company shares of which the settlor was ..... in the same degree of propinquity so that each male child shall receive double the share of each female child for and during his or her lifetime and such payment shall be continued to be made in the same manner as aforesaid from generation to generation.' 52. there is an ultimate provision made for the benefit of the ..... with section 35.' 6. the section applies to the case of every person dying after the act came into operation. it speaks of the imposition of levy and payment of the same which is to be upon the principal value of property to be ascertained in accordance with certain other provisions of the act. it embraces property settled .....
Tag this Judgment!Court : Mumbai
Reported in : (1998)IIILLJ578Bom
..... termination of their services from february 1992 till the date of the complaint. when the complaint was filed and application was made for payment of wages, the first respondent put forward a settlement said to have been signed with some other union as a defence to defeat the claims of wages of the workmen for the entire ..... of the special subjects mentioned in the section) is required to be arrived at between the employer and the recognised union only, and, when arrived at, such settlement shall be binding on the employer and the workmen employed in the said undertaking. mr. singhvi is, therefore, right in his contention that industrial disputes act does ..... reply to the interim relief application in the form of an affidavit of one parasuraman senior executive, dated 9th june, 1993, in which reference was made to a settlement dated 15th march, 1993. thereafter, the matter was not immediately heard by the industrial court for confirmation or vacation of the ad interim order. for one reason .....
Tag this Judgment!Court : Karnataka
Reported in : [1968(17)FLR281]; (1969)ILLJ268Kant; (1968)2MysLJ194
..... or tribunal as the case may be. the question, therefore, is whether by implication the jurisdiction of the civil court is barred in respect of disputes for the settlement of which provision has been made in the act. section 9, civil procedure code, provides that - 'the courts shall (subject to the provisions herein contained) have jurisdiction ..... be enforced; it bars by implication the jurisdiction of civil court. 15. the industrial disputes act provides an elaborate machinery for the enforcement of rights or settlement of disputes relating to matters specified in schs. ii and iii thereof. the plaintiffs have raised an industrial dispute and such a dispute is to be settled ..... does not help the plaintiffs to sustain the order of the trial court. i, therefore, hold that since the plaintiffs have raised an industrial dispute for the settlement of which provision has been made in the industrial disputes act, 1947, the said dispute must be settled by the industrial tribunal only and to that extent .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1970AP1
..... this contention ignores the fact that the learned judge had specifically stated that all disputes which are factually present after the notified date come within the jurisdiction of the settlement officer and he further pointed out that the disputes which are excluded and matter pending before was one such. it cannot, therefore, be said that while disputes ..... my opinion, the proper construction of that section is to hold that all disputes which are factually present after the notified date come within the jurisdiction of the settlement officer and within section 56(1). disputes which are excluded are only those in regard to which there have been binding adjudication's by the ordinary courts before ..... mere tenant without a right of occupancy. the court below also held that the plaintiff was in possession within 12 years of the suit and that the last payment of rent by the second defendant to the plaintiff was on 6-8-1947 evidence by ex. a-4. the second defendant thereafter did not pay any .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP215
..... . that decision is on what could be conveniently termed a jurisdictional issue. if the village in question is not an estate at all, the statutory authority the settlement officer (it may not be necessary to specify at each stage the other statutory authority also, the tribunal) cannot give himself jurisdiction to decide whether it is ..... under section 3(2) (b) where the grant is resumable. the compensation which has to be determined under section 39 of the abolition act by thedirector of settlements in accordance with sections27 to 36 of that act, is different for these three categories of estates. under section 41, the government have to deposit the compensation in ..... of : air1953sc446 . the majority of the full bench held that proceedings under section 9 of the abolition act do not amount to a lis, that the settlement officer functions merely as an administrative tribunal and that the rule of burden of proof as a determining factor for the ultimate decision has no application to the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP373; (1960)ILLJ614AP
..... published i.e., on 1-10-1957, the management and the workers arrived at a settlement which provided inter alia that all the cases pending before the industrial tribunal, the high court, or any judicial or governmental authority or with the payment of wages authority will stand withdrawn and settled. three days later, a letter was ..... also urged that the publication of the award would revive the acrimonious controversies between the parties and affect the harmonious relations that are likely to result fromi the settlement. on the other hand, the stand taken by the government is that section 17 casts a duty on the government to publish the award and, therefore, ..... to cancel the reference though the parties have settled the dispute and it was exclusively within the jurisdiction of the tribunal to make an award embodying the settlement and bind the parties subject to the special powers conferred on the government under sections 17a and 19 as the act contains no provision empowering the government .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ARBLR12(AP)
..... the necessity of such repairs, these matters can be effectively determined by the arbitrator and accordingly directed the parties to make submission of their terms of possible settlement for reference to the arbitration and also nominate the arbitrators as per the conditions of the insurance policy. aggrieved by the same, the present civil revision ..... or conciliation, the provisions of the arbitration and conciliation act, 1996 (26 of 1996) shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that act;(b) to lok adalat, the court shall refer the same to the lok adalat in accordance with the provisions of sub-section ..... 89 of the code, this is not a fit case where the learned judge could have directed the parties to make submission of their terms of possible settlement for reference to arbitration and to nominate the arbitrators as per the conditions of the insurance policy.11. hence, the impugned order is hereby set aside and .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori310; 78(1994)CLT467
..... landless person and that too, only up to the extent of five acres and very strict proof of continuous encroachment like payment of penalty and assessment over some years was to be demanded before settlement was sanctioned. next in relevance is letter no. 55226-g.e.(gl)-8/70-r dated 24-9-1970 from ..... ordersheets of the two encroachment cases abundantly show the petitioner all throughout to have adopted the stand of admitting the encroachments and moving for settlement of the encroached lands with him on payment of back rent and salami. the fact appears from the order dated 27-4-1970 as also 12-11-1970. such provision for ..... area encroached in excess five acres should be restored to government after eviction for settlement with other deserving landless persons and that very strict proof of continuous encroachment like payment of penalty and assessment oyer some years should be demanded before settlement was sanctioned. this government letter made it clear that any encroachment made after 13 .....
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