Court : Allahabad
Reported in : 1998(2)AWC975; [1998(79)FLR113]; (1998)IILLJ1048All; (1998)2UPLBEC1257
..... counsel for the respondents submitted that the joint reference is fully maintainable as infact it is a case of retrenchment of the respondents and they have not been given benefit of section 25h of the industrial disputes act and this is the subject-matter of reference.6. ..... --where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman any dispute or difference between that workman and his employer connected with or arising out of such discharge, dismissal retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the ..... the central government in its wisdom, after getting the conciliation report, has referred the matter before the labour court by means of joint ..... regards the learned single judge decision in allahabad bank's case (supra), the ratio laid down therein is that a joint reference is not maintainable in law considering the history of amendment of the industrial disputes act and insertion of section 2a in the 1947 act. ..... instance in case, on preliminary issue matter goes up to the apex court and after lapse of 20 or 30 years apex court holds the joint reference valid the labour court would revert back again to square one position and will have to restart the case and by that time some may not remain in existence in the world and some may not have retained estemina to contest.14. ..... , rampur and others, awc 1983 all ..... raza buland sugar .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1221; [1999(81)FLR211]
..... tribunal/labour court should particularly bear in mind the provisions of section 11a of the central act and section 6 (2a) of the u. p. ..... interference is required on the present writ petition when the labour court has considered the matter and came to a finding that the question involved need not be decided as a preliminary issue. ..... the said judgment apparently was delivered deciding the aforesaid aspect and it was held as follows :'we are, therefore, clearly of opinion that when a case of dismissal or discharge of an employee is referred for industrial adjudication the labour court should first decide as a preliminary issue whether the ..... counsel for the respondent workman contended that such issue need not be decided as a preliminary issue and employer is required to seek for opportunity to adduce evidence in support of its order. ..... order, the said prayer was rejected by the labour court and challenging the same this writ petition was filed.2. ms. ..... enjoin the tribunal to decide if the enquiry was fair and proper initially and then to grant an opportunity to the management if the finding went against it, to adduce evidence on the delinquency of the workmen and the punishment imposed. ..... domestic inquiry held by an employer is found by the labour court as violative of the principles of natural justice, there is any duty cast upon that court to give an opportunity to the employer to adduce evidence afresh before it and whether failure to do so would vitiate its award. ..... mundhe, 1975 (31) .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(4)AWC3791; [2007(113)FLR1049]
..... the learned counsel for the petitioner submitted that under section 2(1) of the act an 'industrial dispute' has been defined as a dispute or difference between an employer and a workman and that since the services of the petitioner was never terminated, discharged or retrenched, no industrial dispute could be ..... the learned counsel for the petitioner submitted that the settlement clearly indicated that the workman had never worked with the petitioner in the services of the petitioner at any point of time and that merely on the request of the union, his name was kept in the surplus pool, which by itself did not justify in raising the industrial dispute under the provisions of ..... further, the contention that no industrial dispute could be raised under section 2(7) of the act because the services of the workman was neither terminated, discharged or retrenched is again erroneous, inasmuch as, the industrial dispute, if any, can be raised not only in connection with the employment but also in connection ..... also filed their written statement and contended that the petitioner is a company incorporated under the companies act and is engaged in the manufacture of sugar by vacuum pan process and that the service conditions of the employees in the company are governed by the standing orders duly notified under section 3(b) of the u.p. ..... of his submission, the learned counsel for the petitioner has placed reliance upon a decision of this court in raza textiles labour union, rampur and anr. v. r. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(128)ELT330(MP)
..... petition it has been put forth that the commissioner has no jurisdiction to issue a notice to show cause of this nature as limit for issuing show cause notice is six months under section 11a of the central excise act (hereinafter referred to as 'the act') and if the central excise duty is evaded by collusion, mis-statement or suppression of facts the time limit is 5 years but in the present case the department has not made out ..... any wilful mis-statement or suppression of facts, or contravention of any of the provisions of this act or of the rules made thereunder with intent to evade payment of duty, by such person or his agent, the provisions of this sub-section shall have effect, as if for the words'central excise officer', the words 'collector of excise', and for the words 'six months', the words 'five years' were substituted.explanation - where the service ..... return it has been highlighted that the averment that the agreement of the petitioner with pghp dated 19-11-1993 was submitted and scrutinised by the central excise department in the year 1993 and 1994 itself and, therefore, after a period of five years the department cannot issue a show cause notice is totally erroneous and ..... the income-lax officer, rampur, air 1973 sc 1362 wherein ..... the central excise valuation rules, 1975 become operative for determining the value of the goods.11.1 whereas the goods manufactured by the noticee enter the stream of whole sale trade, as postulated under section 4, from the depots of m/s. ..... raza .....
Tag this Judgment!Court : Orissa
Reported in : (2001)ILLJ302Ori
..... labour court further held that section 25f of the industrial disputes act having not been complied with, the termination was illegal and therefore directed reinstatement of opposite ..... 1987 for the period stated above for a specified job and was disengaged after completion of the same and such disengagement will not come within the purview of retrenchment and is covered under section 2(oo)(bb) of the i.d. ..... his cross-examination stated that as per suitability the second party workman was engaged and he does not remember if any written order was given or not for his ..... he was working in laxmisagar electrical section and since joining till april 30, 1987 he was continuously doing ..... further stated that no written appointment order was issued to him and he was refused work by the management with effect from may ..... paid any retrenchment compensation and there was no compliance of section 25f of the i.d ..... 240 working days in a year and therefore question of payment of any retrenchment compensation under section 25f of the i.d. ..... the question of stale claim is concerned, learned counsel for the petitioner has relied upon a decision reported in the nedungadi bank ltd. v. k. p. ..... refused employment with effect from may 2, 1987 and after refusal of employment to him two of his juniors radhu maharana and banamali mantri were taken into service. ..... when he had gone to attend to his duties the petitioner refused to allot any work to him and thereafter in spite of repeated requests also the opposite party no. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)118PLR73
..... access to every thing in the yard and were moving out and coming in without any restriction at the gate as you were sleeping.in the part also you have been caught twice by the under section sleeping on duty and you were issued necessary warning but you have failed to improve and have become habitual in sleeping on duty ..... by the appellants challenging the award of the labour court has been dismissed by the learned single judge on the ground of violation of section 25(f) of the act of 1947 and the principles of natural justice.6. ..... 2 was informed by his immediate boss that his services were no longer required and that he should report for further posting orders to the executive engineer, from this the natural conclusion is that the ..... this indicates that so far as the sub division officer was concerned he had brought an end to the service contract and this is patently contrary to law because the intention was to put an end to the service contract on account of some lapses on the ..... of his service was referred by the government of punjab under section 10(1)(c) of the industrial disputes act, 1947 (hereinafter referred to as the act) to the labour court, ludhiana for adjudication.3. ..... that due to the non compliance of the direction given by the sub divisional officer, doraha on 17.4.1978 and his continued absence from duty, the employer had struck off the name of the respondent no. ..... of operation staff were on job inside the transformers yard for filling the damaged cable box of rampur feeder. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC165; JT1991(4)SC285; 1992(1)KLT103(SC); (1993)ILLJ723SC; 1991(2)SCALE969; (1992)1SCC119; [1991]Supp2SCR206; 1992(1)SLJ53(SC); 1992(1)LC155(SC)
..... to be noted that owing to the lesser proportion of superior posts in the judicial service promotions come less quickly to the judicial officers, and a person who has entered the service as a munsif, assuming that he is fit and fully qualified, takes much longer time to become a district judge than would an equally competent deputy collector to reach the position of a collector ..... , be proper that the retirement age of a judicial officer should be relatively higher than that of an executive officer, so as to enable him to serve for the full number of years if he retains his fitness and capacity of work till he reaches such higher age.we, therefore, recommend that the retirement age of the subordinate judiciary in all states should be raised to 58 years. ..... for the central government employees was appointed about 8 years back and on the basis of its report the revised benefits have been given effect to from january 1, 1986 ..... accordingly direct that such a library shall be made available by 30.6.1992 to every judicial officer and the district judge should have provision made in his budget for the said residential library for every judicial officer under ..... time it was accepted that separate conditions of service should be provided and conditions of service acts for the high court and supreme court judges were separately enacted in 1954. ..... article 236 covers the higher section of the state judicial service both in the civil and criminal sides. ..... have responded by making returns to the rule. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC111; [1964(8)FLR247]; (1964)ILLJ47SC; [1964]5SCR1030
..... the appellant was then asked to take leave which was due to him, and when on returning from his leave he reported for duty, the management refused to allow him to join duty as an operations assistant. ..... sub-section (2) confers right of appeal on the person dealt with under sub-section (1), and sub-section (3) provides that the decision of the appellate authority shall be final and binding on both the employer and the person employed. ..... the control or management which is associated with persons falling under the definition of employer is the general management or control of the said establishment; it is a kind of overall management or control and not management or control of sections or departments or sub-sections or sub-divisions that function under the establishment. 8. ..... this section provides, inter alia, that if any question arises whether all or any of the provisions of the act apply to an establishment or to a person employed therein, it shall be decided by the commissioner of labour and his decision thereon shall be final and shall not be liable to be questioned in any court of law. ..... section 2(5) defines an employer as meaning a person owning, or having charge of, the business of an establishment and includes the manager, agent or other person acting in the general management or control of an establishment. ..... this section provides the procedure which has to be followed in dismissing employees to whom the act applies. ..... section 2 of the act prescribed definitions. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC914; [1984(48)FLR417]; (1984)ILLJ546SC; 1984(1)SCALE474; (1984)2SCC569; [1984]3SCR169; 1984(1)SLJ569(SC); 1984(16)LC523(SC)
..... on the evidence available on record we hold that the appellant clearly falls within the definition of a workman in section 2(s) of the act and that the reference of the dispute under section 10(i)(c) of the act is valid in law.13. ..... in these circumstances, we are of the opinion that the conclusion of the labour court that the enquiry officer had not acted properly in the proceedings and that he had not given full opportunity to the appellant as required by law does not call for any interference. ..... we are also of the opinion that no responsible employer would ever impose in like circumstances the punishment of dismissal to the employee and that victimization or unfair labour practice could well be inferred from the conduct of the management in awarding the extreme punishment of dismissal for a flimsy charge of abuse of some worker or officer of the management by the appellant within ..... in the light of the evidence and the legal position referred to above we are of the opinion that the finding of the labour court that the appellant is not a workman within the meaning of section 2(s) of the act is perverse and could not be supported. ..... you, however, took the challan (both copies) from shri durg singh and cancelled the gate entry from the challan and returned both the copies to the person of m/s. ..... it was reported against you as under:on 31.7.1979 a person from m/s. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC262; [1978(37)FLR265]; 1979LabIC129; (1978)IILLJ412SC; (1979)2SCC88; [1979]1SCR590
..... width of the language could not be limited by construction it can be said that after the coming into force of the constitution the provisions can, by virtue of article 13, have only a limited effect as stated above and to the extent that they are inconsistent with the constitution, they have been rendered void.in the strain, the court rebuffed the unreasonable argument based on 'reasonableness' in article 19(6) : in our view, therefore, the ..... to all their employees, permanent seasonal or temporary including contract labour who have worked for not less than 30 working days in the accounting year 1967-68; xx xx xxthe high court repelled the challenge and upheld the notification, taking the view that an agreement as recognised in section 34 of the bonus act existed in this case and so the order which merely gave effect to that agreement was not bad in law.16. ..... has succeeded in bringing about an agreement in regard to the payment of bonus for the season 1967-68 between the representatives of employers and employees on the basis of payment of bonus act, 1965, with certain modifications and adjustments and has made recommendations on the subject accordingly which have been accepted by the state government; and whereas, in the opinion of the state government it is necessary to enforce the recommendation of the said committee for securing the public ..... although section 3(b) does not depend, for coming into play, upon any report under section 3(c) this was a measure to ensure fairness to .....
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