Court : Punjab and Haryana
Reported in : AIR1959P& H460
..... the act was amended so far as the state of punjab was concerned by a notification published in the punjab gazette extraordinary dated 3-6-1957, by the industrial disputes (punjab amendment), act, 1957. ..... that age has, however, been raised to 67 years by the industrial disputes (punjab amendment) act 1957. ..... of the powers conferred by section 7a of the act as inserted by section 4 of the industrial disputes (amendment and miscellaneous provisions) act, 1956, constituting an industrial tribunal with headquarters at jullundur and appointing shri avtar narain gujral as its presiding officer with effect from the date of the publication up to 3-6-1957.in addition to his duties as presiding officer of the newly constituted tribunal, shri avtar narain gujral was to continue for the disposal of pending proceedings as member of the second industrial tribunal, amritsar, and as sole member of the tribunal, punjab, jullundur, which had been constituted under the act ..... jullundur, was extended up to the last day of october 1957, or such date as the proceedings in relation to industrial disputes pending in the aforesaid tribunal before 10-3-1957 were disposed of, whichever was earlier.it may be mentioned that according to section 7c, which was inserted by the industrial disputes (amendment and miscellaneous provisions) act, 1956, the age up to which the presiding officer of the tribunal was not to be disqualified was raised to 65 years. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1100; [1962(4)FLR317]; (1962)ILLJ250SC; [1962]Supp3SCR89
..... was the industrial disputes (punjab amendment) act 8 of 1957. ..... the second statute enacted by the punjab government is the industrial disputes (amendment and miscellaneous provisions) (punjab amendment) act 9 of 1957 ..... 4224, dated the 1st/11th march, 1957, and in exercise of the powers conferred by section 7 of the industrial disputes act, 1947, as in force before the commencement of the industrial disputes (amendment and miscellaneous provisions) act, 1956, read with section 30 of the latter act and all other powers enabling him in this behalf the governor of punjab is pleased to extend - (a) the period for which the industrial tribunal, punjab, jallundur, is constituted, and (b) the term of appointment of the sole member ..... was pending before the tribunal, the provisions of the industrial disputes act, 1947, were amended by the industrial dispute (amendment and miscellaneous provisions) act, 1956 (act no. ..... - in exercise of the powers conferred by section 7a of the industrial disputes act, 1947, as inserted by section 4 of the industrial disputes (amendment and miscellaneous provisions) act, 1956 (no. ..... been constituted on august 29, 1953, by a notification issued by the government of punjab, which is as follows :- 'in exercise of the powers conferred under section 7 of the industrial disputes act, 1947 (act xiv of 1947), the governor of punjab, in consultation with the punjab high court, is pleased to appoint shri avtar narain gujral advocate, as industrial tribunal for punjab.' 2. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1962)ILLJ534P& H
..... tribunal, avtar narain gujral shall, for the purposes of disposal of pending proceedings in relation to industrial disputes, continue to serve as member of the second industrial tribunal, punjab, amritsar, and as sole member of the industrial tribunal, punjab, jullunder, which were constituted under the industrial disputes act, 1947, as in force before the commencement of the aforesaid act 36 of 1956.this notification clearly said that the new tribunal was being constituted in exercise of the powers of the governor conferred by section 7a of the industrial disputes act, 1947, as inserted by section 4 of the industrial disputes (amendment and miscellaneous provisions) act, 1966 (36 of 1956) and all ..... , dated 19 april 1957, the punjab government in exercise of its powers conferred by s.7 of the industrial disputes act, 1947, as in force before the commencement of the industrial disputes (amendment and miscellaneous provisions) act, 1956 (36 of 1956), read with 3.30 of the latter act, extended the term of appointment of avtar narain gujral up to the last day of october 1957, or such date as the proceedings in relation to industrial disputes pending in the said tribunal immediately before 10 march 1957, are disposed of ..... 19 april 1957, issued by the punjab government clearly reads as saying:in exercise of the powers conferred by section 7a of the industrial disputes act, 1947, as inserted by section 4 of the industrial disputes (amendment and miscellaneous provisions) act, 1956 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC851; 2005(5)ALLMR(SC)405; [2005(104)FLR820]; JT2005(1)SC449; (2005)ILLJ853SC; (2005)2SCC638; 2005(2)SLJ358(SC); (2005)2UPLBEC1470
..... the parliament amended the provisions of the 1947 act by inserting section 25ff and section 25fff therein by reason of the industrial disputes (amendment act), 1957 with effect from 28.11.1956, as it was found that having regard to the helpless condition to which workman would be thrown if his services are terminated without payment of compensation and presumably on the ground that if a reasonable compensation is awarded, he may be able to find out an alternative employment within a reasonable time ..... the said act was enacted having regard to the liquidation proceeding pending in the high court of punjab and haryana following an order of winding up of the said company, inter alia, for utilization of the production facilities and equipment thereof as the company had not been functioning ..... the appellant herein filed a writ petition before the punjab & haryana high court questioning the said award and the same was allowed by a learned single judge of the said court by a judgment and order dated 19.4.1995 holding :'(i) workmen-respondents retrenched by the company in august 1977 and did not challenge ..... the order of winding up, as noticed hereinbefore, was passed by the high court of punjab and haryana by order dated 6.3.1978 and a direction for terminating the services of all the workmen had also been issued by the learned company judge on 5.8.1977, pursuant whereto and in furtherance whereof, a settlement was arrived at by and between the official liquidator and the workmen.20 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H386; (1959)ILLJ73P& H
..... this reference was still pending when the industrial disputes act, 1947, was amended by the industrial disputes (amendment and miscellaneous provisions) act, 1956 (act xxxvi of 1956). ..... the amending act came into force on 28-8-1950 and introduced a new section 33b which gave the government power to transfer certain proceedings from one tribunal to another.acting under this new section the government by order dated 31-10-1957, withdrew all cases then pending before the second tribunal and transferred them all to the industrial tribunal, punjab, constituted by notification dated 4-6-1957 under the act as it stood after its amendment in 1956. ..... this also includes all the cases under sections 33 and 33a of the industrial disputes act, 1947. ..... the industrial dispute between the aeron steel rolling mills, jullundur city, and its workmen was referred to the second industrial tribunal on 10-3-1956. ..... the order of the government reads:'in exercise of the powers conferred by sub-section (1) of section 33b of the industrial disputes act, 1947, the governor of punjab is pleased to withdraw all the references pending before the second industrial tribunal, punjab, amritsar, and to transfer the same for adjudication and disposal to the industrial tribunal, punjab, jullundur, constituted, vide notification no. ..... workers of the minerva mills, air 1953 sc 505, held that the government could withdraw the dispute referred to a tribunal and refer it to another tribunal. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1574; JT1993(1)SC146; (1993)103PLR410; 1993(1)SCALE109; (1993)2SCC68; [1993]1SCR149
..... -paragraph (i) of paragraph (a) of sub-section (3) of section 13 of the east punjab urban rent restrict act, 1949, the following shall be added, namely:(d) it was let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and the tenant has ceased, whether before or after the commencement of this act, to be in such service or employment:provided that where the tenant is a workman who has been discharged or dismissed by the landlord from his service or employment in contravention of the provisions of the industrial disputes act, 1947, he shall not be liable to be evicted ..... the statement of objects and reasons of the amendment act of 1956 clearly says that the provision allowing eviction on the ground of personal need has been misused by certain landlords and according to the act applicable to delhi, the tenants of industrial and commercial premises cannot be ejected on the ground of personal need, while in the punjab, such tenants can be evicted therefrom also on the ground of personal need. ..... 111 of 1940) was amended by the amendment acts of 1956, 1957, 1966 and 1985 whereby section 13 of the principal act was amended and in 1985 the new section 13a was inserted. ..... section 13 was again amended by the punjab urban rent restriction (amendment) act, 1957 (punjab act no. .....
Tag this Judgment!Court : Chennai
Reported in : (1997)ILLJ362Mad
..... the objects and reasons for this amending act are as follows :- 'in a judgment delivered on november 27, 1956, the supreme court held that no retrenchment compensation was payable under section 25ff of the industrial disputes act, 1947, to workmen whose services were terminated by an employer on a real and bonafide closure of business, or when termination occurred as a result of transfer of ownership from one employer to another (see air 1957 sc 121). ..... in order to meet this situation which was causing hardship to workmen, it was considered necessary to take immediate action and the industrial disputes (amendment) ordinance, 1957 (4 of 1957), was promulgated with retrospective effect from december 1, 1956. ..... if such workman feels that his conditions of service under the new employer are less favourable than those applicable to such workman immediately before the transfer, then his right is only to claim the notice-pay and compensation under section 25ff of the industrial disputes act and he cannot urge that he continued to be the workman of the transferor employer even after the undertaking was transferred to the new employer under whom he worked from the date of transfer .. ..... state of punjab & others : (1991)iillj76sc is an authority for the proposition that where the transfer is fictitious or benami section 25ff of the i.d. ..... in punjab l. d. & r. c. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H214; (1967)ILLJ222P& H
..... wherein it was held that it would depend on the nature of the amendment as to whether it would be allowed or not and that the power of amendment etc given by section 21 of the general clauses act could not be so used as to nullify or render ineffective the other provisions of the industrial disputes act the appeal by the state of bihar against the said judgment of the patna high court was dismissed by the supreme court as staled above (vide air 1958 sc 1018) the provisions of section 21 of the general clauses act contain only a rule of construction and it is neither possible nor proper to lay down ..... therefore, in exercise of the powers conferred by clause (d) of sub-section (1) of section 10 of the industrial disputes act, 1947, the governor of punjab hereby refers to the industrial tribunal, punjab, chandigarh, constituted under section 7a of the said act, the matter specified below, being either matters in dispute or matters relevant to or connected with the dispute as between the said management and the work men for adjudication(1) whether the workers--as per list as annexure 'a'--should be made permanent by the management of the factory '? ..... state of punjab, air 1957 punj 255, but it was frankly conceded by the counsel that this judgment has since been overruled by the supreme court in the state of bihar v. d. n. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP556; [1960(1)FLR494]; (1960)ILLJ599AP
..... while there was no such termination; (iii) that the government was not competent to amend a reference made under section 10 of the industrial disputes act by substituting the expression 'suspension' in the place of 'termination'; (iv) that in any view the amendment was bad in law for the reason that it was not issued by government or on the authority of the government; (v) that the labour court had no jurisdiction to enquire into the question of suspension; and (vi) that the labour court did not give sufficient time to the management to adduce evidence and that it failed to see ..... ganguly, : (1958)iillj634sc the supreme court disapproved the decision of the punjab high court and that the decision of the supremo court is an authority for the position that the act does not expressly confer any power on the appropriate government to cancel or supersede a reference made under section 10 of the act, and such a power could not be implied on the strength of section 21 of the general clauses act. ..... in support of that view the labour court relied upon the decision of the punjab high court in textile workers union v. ..... slate industrial tribunal, (s) : (1957)iillj1sc , c. p. ..... state oi punjab, air 1957 punj 255.7. ..... union of india, (s) : [1957]1scr233 . ..... ramulu, 1957-2 andh wr 335: (air 1958 andh pra 276)). ..... raghunath, (s) : (1957)illj27sc and gurumurthy v. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi723
..... state of punjab and others 1957 ll 222 , a corrigendum notification in the light of section 10 of the industrial disputes act as well as section 21 of the general clauses act. ..... (17) the principle deducible from the decided cases appears to be that while the appropriate government cannot supersede or cancel the reference made by it under section 10 of the industrial disputes act it can amend the reference in certain circumstances. ..... 1189-w/71, which sought leave to amend the writ petition, to include them: (a) the corrigendum had not i been issued in conformity with the provisions of article 77 of the constitution; (b) that the same was not in accordance with the provisions of section 10 of the industrial disputes act 1947, the conditions laid down therein not having been complied with. ..... the impugned notification was, however, struck down by the punjab high court on three grounds: that the same was not an independent notification under section (10); (ii) that the original notification did not need any amendment and could stand by itself whereas by the second notification a dispute between the two different parties was sought to be included in the existing reference. ..... i am unable to find any support in the decided cases for the contention that the government cannot amend the reference in order to make it accord with the real dispute between the parties and the intention of the government making the reference. .....
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