Court : Supreme Court of India
Reported in : AIR1976SC66; (1976)ILLJ81SC; (1975)2SCC835; 1975(7)LC879(SC)
..... this act was repealed by section 38 of the apprentices act, 1951. ..... now coming to the legislative history of our country on the subject, it is interesting to note that more than hundred years back we had the apprentices act, 1850 and its preamble says 'for better enabling children, and especially orphans and poor children brought up by public charity, to learn trades, crafts and employments, by which, when they came to full age, they ..... it is significant that al though the legislature was aware of this definition under section 2(8) under the industrial disputes act, 1947, the very following year while passing the employees state insurance act, 1948, it did not choose to include apprentice while defining the word 'employee' under section 2(9) of the employees state insurance act, 1948. ..... incidentally to my note that section 18 of the apprentices act, 1961, provides that-save as otherwise provided in this act, every apprentice under going apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker.13. ..... for example, the industrial disputes act, 1947, which is a piece of beneficial labour welfare legislation of considerable aptitude defines workman' under section 2(a) of that act and includes apprentice in express terms. ..... by the definition clause under this act, namely, section 2(a) 'apprentice' means a person who is undergoing apprenticeship training in a designated trade in pursuance of a contract of apprenticeship. .....
Tag this Judgment!Court : Delhi
Reported in : [1973(27)FLR363]; 1973LabIC1290; (1973)IILLJ307Del
..... section 2(k) of the act exists or is apprehended before it could beconsidered by the conciliation officer under section 12 of the act and then referred to the labour court by the appropriate government under section 12(5) read with section 10(1) of the act ..... the reference is made by the government on a consideration of the report of the conciliation officer under section 12(5) of the industrial disputes act, 1947, the power of the government to make the reference is derived from section 10(1) of the said act which reads as follows:- 'wherethe appropriate government is of opinion that any industrial dispute exists or ..... (17) in the light of the law slated above, the employer in the present case was justified in challenging the legality of the reference before the labour court on the ground that sadhu ram had not raised any demand with the employer and the same had not been rejected by the employer before ..... power of the high court under articles 226-227 to question the formation of the opinion as to the fact of the existence of an 'industrial dispute' by the government under section 10(1) and the finding of the labour court that such a dispute existed prior to the conciliation proceedings and the reference? ..... was a copy of the demand notice sent to the general manager (transport) and said that he had himself delivered it in the general manager's receipt section to a person working there whose name he did not remember but that office stamp on it was initialled by the clerk concerned. ..... 1951 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad343
..... is now placed on a statutory footing by the industrial employment (standing orders) act, 1946 section 3 of the act requires employers to whom the act applies to submit to the certifying officer five copies of the draft standing orders ..... derived from or traced to sections 7, 10, 14 and 15 of the industrial disputes act, a labour court has no power or ..... petit ioners and the management of 'tamil nadu', madurai respondent,the claim statement before the labour court wasfiled not by the workers of 'tamil nadu' at all butby the general secretary of the madras union ofjournalists on behalf ..... the only persons before the labour court were a small section of the workers of 'tamil nadu' and consisting of the working journalists on that paper, and, these working journalists were represented not by anybody on behalf of the workers of 'tamil nadu' ..... on the other hand, the legislature has inserted item 8 in the schedule to the industrial employment (standing orders) act, 1946 relating to the termination of employment and the notice thereof to be given by employer and workmen and that necessarily postulates that both employers and employees have a reciprocal ..... in fact, in none of the statutes shown to me during the arguments -- except the madras shop and establishment act which has no application here can i discover anything -- subject of course to what i have said about lay off, retrenchment, dismissal and other matters -- which takes away the power of ..... is being published from madurai from about 1951. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom145; (1952)54BOMLR971; ILR1953Bom253
..... down by these observations that before a transaction can be declared to be a mortgage, it must satisfy all the requirements of a mortgage, both in form and in substance.as we have already pointed out, such an agreement would make section 24 of the present act, section 45 of the repealed act and section 10a, dekkhan agriculturists' belief act, altogether inefficacious, because in the case of moat sales there are no attesting witnesses, while a valid mortgage requires two attesting witnesses. ..... following terms :'notwithstanding anything to the contrary contained in any law, custom, or contract, whenever it is alleged during the course of the hearing of an application made under section 4 that any transfer of land by a person whose debts are being adjusted under this act or any other person through whom he inherited it was a transfer in the nature of a mortgage, the court shall declare the transfer to be a mortgage, if the court is satisfied that ..... if it was argued that no declaration could be given that a transaction is a mortgage unless it sections a mortgage both in form and substance, then section 34 of the act of 1947, section 45 of the act of 1939 and section 10a, dekkhan agriculturists' relief act would he entirely infructuous, for, ex hypotbesi the transaction is one which, on the face of it, is not in form and substance a mortgage as required by law.it is something other than a mortgage, and the debtor asks the ..... also appears to labour under the same impression ..... 1951 and .....
Tag this Judgment!Court : Mumbai
Reported in : (2000)IIILLJ381Bom
..... action of dismissal on january 19, 1985 was not referred and, therefore, the respondent cannot take the benefit of any observation of finding recorded in para 30 by the labour court in its award dated march 8, 1988 for claiming the pre-existing right for approaching the labour court under section 33-c(2) of the act and it was necessary on the part of the respondent to raise an industrial dispute about the payment of back wages and other benefits payable to him before ..... . 2100 of 1996 as already indicated is hereby partly allowed and the impugned judgment and order is quashed and set aside to the extent as indicated hereinabove only and the matter is remitted back to the labour court, nagpur, to calculate afresh the exact amount payable to the respondent by the petitioner after giving an opportunity to both the sides to put forth their say in this regard as indicated hereinabove.17 ..... . thakur further rightly submitted that the respondent had not approached the labour court under section 33-c(2) of the act, merely on the assumption of his dismissal being wrongful, but here is a case that the respondent's dismissal was already held to be specifically illegal by the award dated march 8, 1988 and the computation of wages in the circumstances ..... the respondent was one of the employees of the petitioner having been appointed on december 4, 1951 as sub-editor. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All52; (1961)IILLJ708All
..... decision of the appellate court on merits; but he contended that the decision to condone the delay in filing the claimwas vitiated by a material irregularity in procedure, learned counsel conceded that the commissioner had the power under section 15(1) to condone the delay but he relied on the proviso which enjoins that the delay should be condoned only if the application 'satisfies the authority that he had sufficient cause for not making the application within ..... for these reasons i am inclined to the view, with respect for the decisions of bombay high court, that if, in an application by an employee under section 15(2) of the payment of wages act for a direction to the employer to pay his wages, the employer denies the very factum of employment, it is immaterial whether he alleges that the claimant was never his employee or ceased to be one as the result of an order removing ..... general manager, central railway : (1957)iillj250bom , a full bench of the bombay high court considered the nature and ambit of the jurisdiction of the authority under the payment of wages act and, after a review of the previous decisions, laid down the following principles : '(1) the authority has no jurisdiction to decide whether the services of an employee have been rightly or wrongly terminated or whether the dismissal is lawful or unlawful; (2) ..... finally, on 20th august 1951 he filed a suit for declaration that the order removing him from service was illegal. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP45; [1963(7)FLR426]; 1964MPLJ43
..... shall be deemed to have come into force on the date mentioned in the said notifications, notwithstanding any judicial decision to the contrary or any defect or irregularity in the constitution of the advisory board under section 7 of the principal act read with section 9 thereof or publication of the notifications in the gazette or non-compliance with any other requirement of law and shall not be called in question in any court merely on the ground that there was failure ..... notified on 30th december, 1958, and did not confer on the government, as from 30th december, 1958, or a date anterior to it, the power to fix minimum wages in a manner or mode which did not involve compliance of sections 5, 7 and 9 of the central act; and that consequently the validation of the rates of minimum wages notified on 30th december, 1958, was not referable to any power and was altogether ineffective and nothing but a repetition of an invalid ..... in all these cases, it has been emphasized by the supreme court that the object in fixing the minimum rates of wages is to prevent exploitation of labour and if the labourers are to be protected against exploitation by their employers, it is absolutely necessary that restraints should be imposed upon the employers' freedom of contract and such restrictions cannot in any sense be said ..... as has been said by the supreme court in air 1951 sc 332, the essentials of a legislative function are the determination of the legislative policy and its formulation as a ..... air 1951 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC121; (1957)59BOMLR384; [1957]1SCR121
..... 25i of the principal act, but that section has not yet been brought into force with the result that the provisions of s ..... pipraich sugar mills mazdoor union : (1957)illj235sc where we observed : 'but retrenchment connotes in its ordinary acceptation that business itself is being continued but that a portion of the staff or the labour force is discharged as surplusage and the termination of services of all the workmen as a result of the closure of the business cannot therefore be properly described as retrenchment ..... ' it is true that these observations were made in connection with a case where the retrenchment took place in 1951, and we specially left open the question of the correct interpretation of the definition of 'retrenchment' in ..... appeared for the principal respondent in one of the appeals, has pointed out that if the definition clause covers the case of termination of service in a continuing business as also termination of service on a closure of business, the circumstance that sections 25g and 25h provide for some instances of retrenchment only is no ground for holding that they exhaust all possible cases of retrenchment or that s ..... . 25f the learned attorney-general has placed great reliance on the non-obstante clause with which the section begins, and has contended that it shows by necessary intendment that a workman whose service has been terminated by reason of a change of employers on account of a change of ownership or management will be entitled to retrenchment compensation under .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC2138; (1989)2CompLJ95(SC); JT1989(2)SC338; 1989(1)SCALE1353; 1990Supp(1)SCC440; [1989]3SCR43
..... ranking.iii) however, this right of the company may be restricted by agreement.iv) where no restriction is provided, any future specific charge will rank superior to the earlier floating charge (section 123 of the companies act).v) again, where no specific provision is made in the earlier floating charge with respect to the ranking of future floating charge then any future floating chare will be inferior to ..... annexure to the said order, in that annexure, certain conditions were laid down and condition (a) stipulated that in any prospectus or other document referred to in section 4 of the capital issues (control) act, 1947, relating to this issue, the statement required by that section must be worded as follows:consent of the government has been obtained to this issue by an order of which a complete copy is open to ..... form submitted by the rpl it has been mentioned that the ril had already obtained approval of the central government for implementation of the aforesaid projects under the monopolies & restrictive trade practices act, in part c of the application form it has been mentioned that the promoter company had made necessary applications for endorsement in favour of the company of the letter of ..... indicated. furthermore, it was submitted that the industries (development & regulation) act, 1951, companies act, 1956, capital issues (control) act, 1947, monopolies & restrictive trade practices act, 1969, fera, 1973 have to be read in conjunction and as such the corporate sector should not .....
Tag this Judgment!Court : Gujarat
Reported in : [1965(11)FLR14]; (1965)GLR369; (1965)ILLJ598Guj
..... , was challenged inter alia on a ground similar to the one raised before us, namely, that that section surrendered unguided and uncanalised power to the executive act provided that - 'subject to the provisions of this act, no person shall take any part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drug for * * * (d) the diagnoses, cure, mitigation, treatment or prevention of ..... sri kazi, who appears for the petitioners in the next petition and which also involves the same question, argued that the act provides a mere framework for the machinery under which the legislature object underlying the act is sought to be achieved, namely, regularizing the relations between employers and the employees, the maintenance of bargaining power of the employees and amity in the industrial relations ..... 113 were to be regarded as delegated legislation, for the very reason which we have given above the impugned section cannot be said to have gone beyond the permissible bounds, sections 42 and onwards having laid down the policy that changes in certain matters are not to be effected without a notice and without following the procedure ..... 35, every employer, within six weeks from the date of the application of the act to an industry, has to submit to the commissioner of labour for approval draft standing orders relating to the relations between him and his employees with regard to industrial matters set out in sch. ..... 1951 .....
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