Judgment Search Results Home > Cases Phrase: rampur raza library act 1975 Court: allahabad Page 1 of about 462 results (1.183 seconds)

Allahabad Bank, Banda Vs. Central Government, Industrial Tribunal-cum- ...

Court : Allahabad

Reported in : 1998(2)AWC975; [1998(79)FLR113]; (1998)IILLJ1048All; (1998)2UPLBEC1257

..... no. 6507 of 1988, decided on 27.4.1995 and also on a ruling of apex court in mool chand yadav and another v. raza buland sugar co. ltd., rampur and others, awc 1983 all 121. the case of mool chand (supra), is cited for the proposition that during pendency of the appeal, ..... the policy. in nutshell the plea of workmen is that the termination/retrenchment is not in consonance with the industrial jurisprudence and the industrial disputes act, as welt as the shastri award.10. it is a basic principle of industrial law that the industrial disputes be resolved by collective bargaining so ..... of the view that the joint reference is valid under, the facts and circumstances of the present case. the violation of section 25h of industrial disputes act is alleged. seniors are alleged to have been retrenched retaining juniors. violation of shastri award is also alleged, whereas the banking industry was party to ..... 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. learned counsel for the petitioner has placed reliance on a learned single judge decision rendered in ..... pratap mishra from the services of the bank and not considering them for further employment while recruiting fresh hands under section 25h of the industrial disputes act is justified? if not, to what relief the workman concerned are entitled to?'2. the labour court vide its order dated 1.9.88 ( .....

U.P. Forest Corporation and anr. Etc. Etc. Vs. Presiding Officer, Labo ...

Court : Allahabad

Reported in : 2005(1)ESC462

..... e.g., in writ petition no. 46453 of 2003, u.p. forest corporation and anr. v. presiding officer, labour court, uttar pradesh, rampur and ors., the award was given by labour court holding that workman has worked for 240 days and termination of his services was against the law.8 ..... the workman has received compensation. the contention of the workman that retrenchment compensation was sent by post has also been noted. section 6n of the act is quoted below : '6n. conditions precedent to retrenchment of workmen.--no workman employed in any industry who has been in continuous service for ..... the workman has right to challenge the retrenchment. he further contended that u.p. forest corporation is an industry within the meaning of the act.11. counsel for both the parties relied on various decisions which shall be referred to while considering the respective submissions.12. the first submission ..... of the employers and seniority list. the labour court vide its award dated 30th july, 2003 declared the termination violative of section 6n of the act. the labour court also observed that it is matter of surprise that juniors have been retained, whereas senior has been retrenched. on the aforesaid ..... law and challenge awards given by labour court, u.p., rampur, in different adjudication cases registered before the labour court, in pursuance of the reference made by the state government, under section 4-k of u.p. industrial disputes act, 1947.2. counter and rejoinder-affidavits have been exchanged in all .....

State of U.P. Through Executive Engineer, Irrigation Division Vs. Pres ...

Court : Allahabad

Reported in : 2008(2)AWC2133; [2007(112)FLR1044]

..... the writ petition. counsel for the workman respondent no. 2 is not present.3. this writ petition is directed against an award passed by labour court, rampur dated 23.4.1999 in adjudication case no. 127 of 1991. the aforesaid award has been enforced by publication on the notice board on 26.7.1999. ..... the perusal of the record it appears that no such plea also was ever raised by the party.12. as regards section 6-n of the upid act, 1947 provides that no workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched ..... worked from time to time on need basis and not continuously as required for application of section 6-n read with section 2(g) of the upid act, 1947.10. labour court has also committed another illegality in reinstatement of the respondent workman who was a daily wager, on a permanent post in the ..... it found the termination of the services of the workman illegal on the basis of e non compliance of the provisions of section 6n of the upid act.6. the contention of the learned counsel for the petitioner is that the workman was a daily wager and the labour court could not have granted ..... 1.9.89 without compliance of section 6-n of the u.p.industrial disputes act, 1947 hereinafter referred to as upid act. a reference under section 4-k of the upid act was sent by the state government o the labour court, rampur aforesaid regarding the validity and illegal termination of the respondent-workman. the reference order .....

Triveni Engineering and Industries Limited Through Its President A.K. ...

Court : Allahabad

Reported in : 2007(4)AWC3791; [2007(113)FLR1049]

..... of one year. in support 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. mohan and ors. 1964(8)flr 306 in which it was held that the settlement was required to be ..... therefore, no industrial dispute could be raised is misconceived. 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 ..... the settlement would remain in force for one year from the date of its registration. when a settlement is registered under the provisions of the act, it has the effect of imposing a statutory contract governing the relation of the employer and the employee. after the expiry of the period of ..... to appreciate the submissions of the learned counsel for the parties, it is necessary to consider the provisions of section 6-b(1) of the act which reads as under:6-b. settlement outside conciliation proceedings.-(1) a settlement arrived at by the agreement between the employer and workmen otherwise than ..... were taken in the service. the petitioner 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 .....

U.P. State Spinning Mills Co. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (1994)IILLJ468All; (1993)1UPLBEC183

..... that process to bring about industrial peace which would in its turn accelerate the productive activity of the country resulting in the prosperity of the country. moreover, the act is a self-contained act which provides for suitable machinery for deciding the disputes that arise between the employer and the employee. it is to be noted that once the industrial dispute relates ..... dictum laid down in the aforesaid full bench decision. there are two objections to the said argument from being accepted. firstly, section 4-k of the u.p. industrial disputes act was being considered by their lordships of the supreme court while deciding the western watch co., case (supra). therefore, the binding nature of this presidential authority cannot be doubted while ..... may amount to reviewing of the earlier order by the state government.9. it is now well-settled that while exercising the power under section 10(1) of the central act the function of the appropriate government is an administrative function and not a judicial or quasi- judicial function and, that in performing this administrative function the government cannot delve into ..... there exists an industrial dispute between the employer and the employee rajiv ratan lal srivastava and, therefore, it was fit enough for reference under section 4-k of the said act. the reference made in hindi was under:'kiya sevajanon dwara apne shramik rajiv ratan lal srivastava putra shri ramakant srivastava sahayak kosha adhyaksh ki aadesh dinank janaury 23, 1979 dwara .....

State of U.P. Vs. Presiding Officer, Labour Court, Kanpur and anr.

Court : Allahabad

Reported in : 2002(2)AWC1140; [2002(95)FLR1063]; (2002)2UPLBEC1052

..... in previous calendar year, therefore, while terminating his services, it was not necessary for the employer to comply with the provisions of section 6n of the u.p. industrial disputes act. which admittedly was not complied with. the labour court considered the aforesaid case and the evidence on behalf of the parties and arrived at a conclusion that the respondent workman ..... be covered by the definition of 'retrenchment' and, therefore, it was not necessary for the employer to comply with the provisions of section 6n of the u.p. industrial disputes act. the ground argued by sri chauhan as stated, has not been taken before the labour court. on being pointed out by the court, sri chauhan stated that this point, being ..... has worked for more than 240 days in a calendar year and since it is admitted that the provisions of section 6n of the act has not been complied with, the labour court for reinstatement of workman concerned with continuity of his service and full back wages. sri b.s. chauhan on behalf of the ..... anjani kumar, j.1. state government by its order dated 31st march. 1994, referred the following dispute to labour court, rampur :^^d;k lsok;kstdksa }kjk vius jfedjh lqhkk'k flag iq= jh rkjhq punz dh lsok,a fnukad 1-10-1991 ls lekir fd;ktkuk mfpr@os/kkfud gs ;fn .....

U.P. Power Corporation Ltd. and ors. Vs. Presiding Officer, Labour Cou ...

Court : Allahabad

Reported in : 2003(3)AWC1995; [2004(101)FLR1005]

..... the records.2. this writ petition is directed against the award dated 27.10.1998, passed by the labour court in adjudication case no. 39 of 1990. after transfer from rampur, this case was registered as adjudication case no. 132 of 1994 at bareilly.3. out of 13 employees whose case was espoused by the hydroelectric employees union, lucknow, the case ..... services of these workmen were terminated on 1.2.1979 without payment of retrenchment compensation, in violation of provisions of sections 6n and 6q of the u. p. industrial disputes act, 1947. it is further submitted that after their termination, several workers were appointed as daily rated workers, but inspite of the aforesaid board orders, none of the aforesaid ten workmen ..... sharma. the aforesaid finding of fact is based on evidence. their non-engagement is in violation of the provisions of sections 6n and 6q of the u. p. industrial disputes act, 1947. the labour court further held that 140 workmen engaged as daily rated coolie were ordered to be reinstated, but these ten workmen were not reinstated on the ground of ..... award is fatal and the workmen could not have been granted the relief of reinstatement.13. it is settled law that there is no limitation prescribed under the industrial disputes act for raising the dispute and that if a party approaches the court even belatedly, the industrial tribunal has power to mould the relief as has been held by the apex .....

Jeet NaraIn Vs. Central Administrative Tribunal and ors.

Court : Allahabad

Reported in : [2008(117)FLR912]

..... 480, the apex court observed that the state or its instrumentality must not take any irrelevant or irrational fact for into consideration or appear arbitrary in its decision. 'duty to act fairly' is part of fair procedure envisaged under articles 14 and 21. every activity of the public authority or those under public duty must be received and guided by the ..... . state of u.p. and ors. : air 1991 sc 537, the apex court has observed as under:every such action may be informed by reason and if follows that an act uninformed by reason is arbitrary, the rule of law contemplates governance by law and not by humour, whim or caprice of the men to whom the governance is entrusted for .....

Harish Chandra Vs. State of U.P. and Others

Court : Allahabad

Reported in : 2000(1)AWC45

..... clearly concides with the three posts of clerk-cum-cataloguer which were mentioned (in addition to the fourth post of typist) in the g. o. dated 31.7.1975, by which the government public library was placed under the management and control of director of education (higher education) u. p. allahabad. as a matter of fact, the director of education (higher education ..... , mentioned above, there can be no escape from the finding that the six posts of clerk-cum-cataloguer existing in government degree colleges at gyanpur. rampur and rishikesh (one post each) and that of government public library (three posts) stood upgraded and re-designated in the pay scale of rs. 470-735 and the incumbents who were working on the post of ..... .1.1986 in the pay scale of rs. 1.200-2,040. the contention of the learned standing counsel that only three posts were sanctioned for government degree colleges of rampur, gyanpur and rishikesh is clearly in opposition to g. o. dated 19.8.1989. by which six posts of cataloguer were placed in the pay scale of rs. 1.200 ..... of six posts of cataloguer which were sanctioned by g. o. dated 19.8.1989. three pertained to government degree colleges of rampur. gyanpur and rishikesh. while the remaining three posts of cataloguer were sanctioned and meant for government public library, allahabad. though the respondents admitted that three posts of cataloguer in the pay scale of rs. 470-735 (subsequently raised to .....

Vishnu Kumar Vs. Presiding Officer

Court : Allahabad

..... council for cement and building materials vs. state of haryana and others 1996(2) supreme court 562 (vi) dwarikesh sugar industries ltd. vs. presiding officer, labour court rampur 2010 (125) flr523, (vii) d.p. maheshwari vs. delhi administration and others 1983 supreme court cases (lands) 527 (1983) 4 scc 293. in the ..... he cannot claim any benefit arising out of the status as claimed under the proceedings initiated under section 33-c(2) of the industrial disputes act. in the light of the observations made above without disputing the definition of seasonal workman as given under the standing order, i find that the ..... then to proceed to compute the benefit so adjudicated on that basis in exercise of its power under section 33 c (2) of the act. it is only when entitlement has been earlier adjudicated or recognized by the employer and thereafter for the purpose of implementation or enforcement thereof some ..... parties the labour court framed preliminary question as follows; "whether the instant case is legally maintainable under section 33-c(2) of the industrial disputes act?" petitioner's case before the labour court was that at the time of engagement he was paid rs.200/- per month. subsequently the same was ..... that the recommendation of the wage board is not applicable to the daily wager employees. their matter is covered under the payment of minimum wages act. it is further stated that so far as payment of minimum wages is concerned, same has been paid to the petitioner. the respondent also .....