Court : Allahabad
Reported in : (2009)IVLLJ120All
..... proceeding of p.w.a. case no. 18/2005 ajit singh v. merind ltd. and anr. pending before the prescribed authority (under payment of wages act)/ assistant labour commissioner, bijnor, uttar pradesh. another relief for writ of prohibition restraining the respondent no. 1 from entertaining or adjudicating upon the proceedings in p.w.a ..... aviation department of the government of india;)(b) dock, wharf or jetty;(c) inland vessel, mechanically propelled;)(d) mine, quarry or oil-field;(e) plantation;notes.- when there is a manger who is entrusted with the affairs of the company, the directors of the company cannot be said to be employers.(f ..... a constitutional authority cannot do indirectly what it is not permitted to do directly. if there is constitutional provision inhibiting the constitutional authority from doing an act, such provision cannot be allowed to be defeated by adoption of any subterfuge. the legislature cannot violate the constitutional prohibitions by employing an indirect method. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All992; (1953)IILLJ1All
..... but before moving the board.'19. we entirely agree with the observations of the learned judges of the hon'ble labour appellate tribunal.20. learned counsel for the applicant has relied upon c.p. sarathy v. state of madras : (1951)illj148mad , the kandan textile ltd. v. the industrial tribunal madras : (1949)nullllj875mad and in the matter of ..... (d) and (g) of sections 3 and 8, u. p. industrial disputes act, 1947 (u. p. act xxviii [28] of 1947) by the notification no. 615 (ll)/xviii-7 (ll)/-1951, dated 15-3-1951, for the settlement of the industrial disputes by conciliation. acting under para. 5 of the said order the conciliation officer tried to bring about a ..... settlement, but he failed. under sub-para. (3) of para. 6 he submitted a report to the state government and the labour commissioner setting forth the .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(4)AWC3180
..... illegality in entertaining and allowing that application. he further relied upon a decision of this court in the case of m/s. tannery and footwear corporation of india ltd. v. labour court iii. kanpur, 1995 (3) uplbec 1427, wherein this court has held that if there is no interpolation in the service record, the date of birth mentioned which has ..... the date of birth. it cannot be said that it is a clerical mistake. the date of birth having been given and recorded in the service register as early in 1951, it was not a bona fide mistake. the respondent claimed that he discovered the mistake in 1991 that his date of birth instead is july 15, 1934 but it ..... made in the year 1922, the age of child labour was raised to 12 years, which continued in the act no. xxv of 1934. subsequently, the age of labour was raised to l4 years as per section 67 of the indian factories act, 1948. even section 2(ii) of the child labour (prohibition and regulation) act, 1986, defines a child as a person who has .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All146; (1966)IILLJ702All
..... respondent no. 1, the mills have made a ioint statement before us to have the matter decided by the presiding officer of the labour court meerut acting as an arbitrator by making a reference to him within a period of three months from today. in this view of the matter we are of the opinion that ..... respondent no. 1, the mills, was either an arbitrator under the provisions of section 5-b of the u. p. industrial disputes act or a labour court or an industhial tribunal on a reference made under section 4-k of that act.15. sri s. n. misra, the learned counsel for the appellants, and sri s. n. kackker, the learned counsel for the ..... wriggles out of the agreement to refer the matter to arbitration under section 5-b of the industrial disputes act, it would be open to the other party to make a request to the state gov-vernment to refer the dispute to a labour court or industrial tribunal. it is obvious that when such a. request is made to the state government .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(1)AWC135
..... dispute under the provisions of the u. p. industrial disputes act, 1947. in case no settlement is arrived at, the matter shall be immediately referred by the competent authority/state to the labour court for adjudication. the reference so made, shall be decided by the labour court in the manner and time limits as provided in ..... see section 4a) (matters within the jurisdiction of labour courts) (1) the propriety or legality of ..... under section 4a of the u. p. industrial disputes act, 1947, the question of application and interpretation of standing orders is within the jurisdiction of the labour court as provided in the first schedule of the said act. the first schedule of section 4a of the u. p. industrial disputes act, 1947, is quoted below :'the first schedule ( .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)3UPLBEC2952
..... knocking the door of the industrial courts by the respondents making a grievance about adoption of unfair labour practice by the appellants.'9. in the present case, nature of the scheme reflects that petitioners develop gaon sabha land by doing plantation there from money received by state government; and after trees mature , petitioners return back the ..... , in the facts of present case also, carrying out scheme, in no way and manner exempts the petitioner from the provisions of the up. industrial dispute act, 1947 as same is not a part of sovereign function as it is strictly understood. in the facts and circumstances of present case petitioners do not fall ..... been pointed out that services of respondent-workman have been illegally retrenched without following the procedure prescribed under section 6-n of the u.p. industrial disputes act.7. from the respective arguments and the pleadings available on record, the first question which arises for consideration is as to whether in the facts and .....
Tag this Judgment!Court : Allahabad
Reported in : 2007CriLJ1373(FB)(All);
..... ghasitey alias abdul rahman is confirmed. however, we do not pass any sentence of imprisonment against him as substantive punishment because he is entitled to the benefit of the children act, 1951. instead, we sentence him to pay a fine of rs. 25,000/- under section 302 i.p.c. this amount of fine shall be deposited by the accused appellant mohammad ..... now.25. though the accused appellant cannot be sentenced to imprisonment for any term even in default of payment of fine as per section 27 of the u.p. children act 1951, it would be just and proper to impose upon him a fine of rs. 25,000/- under section 302 i.p.c. the same should be paid as compensation to ..... .p.c, the accused appellant denied the prosecution version and stated that he had been falsely implicated due to enmity. though he admitted that the deceased used to work as labourer at wood stall, but stated that he did not stay in the night at the stall. _______8. on appraisal of evidence, the trial judge held the accused appellant to be .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All295
..... provision can be made by an executive order and legislation for the purpose was not necessary. it was ruled that article 15(4) was added by the constitution (first amendment) act, 1951. the object of this amendment was to bring articles 15 and 29 in line with article 16(4). article 15(4) has to be read as a proviso or an .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1995All368; (1995)2UPLBEC999
..... if any difficulty arises in giving effect to the provisions of these regulations, the council may, by general or special order, do anything not inconsistent with provisions of the act which appears to it to be necessary or expedient for the purpose of removing the difficulty. (2) in particular and without prejudice to the generality of the foregoing power ..... persons whose name is entered in said register constitute a body corporate which is known by the name of institute of chartered accountants. section 4 of the act specifies the persons who shall be entitled to have their name entered in the register which includes persons who passed such examination and completed such training as ..... 458 : 1951 all lj 740. d. s. garewal v. state of punjab, air 1959 sc 512 commissioner of income tax v. ram gopal mills ltd., air 1961 sc 338 and goodland plantations v. state bank, air 1965 ker 297, to justify the exercise of power to remove difficulties under said conditions. to meet the arguments advanced by .....
Tag this Judgment!Court : Allahabad
Reported in : [1984]56CompCas340(All)
..... earning or profit up to the date of trial; (iii) loss of earning capacity which may include incapability to earn in future years and also incapability in the labour market, loss of earning on account of termination of service or discontinuance of any trade, business or profession; and (iv) other material loss which may require any ..... treatment, she could not be normal, instead she became permanently disabled. her body below her waist became paralyzed. she filed a claim petition under section 110a of the act through her relation, sri amar nath, claiming a sum of rs. 83,000 as compensation for the injuries received by her. the owner of the car filed ..... awarded for a tort are those which ' so fac as money can compensate, will give the injured party reparation for the wrongful act and for all the natural and direct consequences of the wrongful act' ......the words 'so far as money can compensate point to the impossibility of equating money with human suffering or personal deprivations. a .....
Tag this Judgment!