Judgment Search Results Home > Cases Phrase: the industrial disputes punjab amendment act 1957 Court: chennai Page 1 of about 730 results (0.195 seconds)

Spencer Group Aerated Water Factory Employees' Union and anr. Vs. the ...

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. .....

Workmen of Deccan Sugars Vs. Nava Bharat Ferro Alloys Ltd. and Others

Court : Chennai

Reported in : (1993)ILLJ1211Mad

..... 25-n of the industrial disputes act which was introduced by an amendment in 1976. ..... though at the outset i told the counsel that the proper remedy for the petitioners would be to approach the authorities constituted under the industrial disputes act to get the relief which they want, learned counsel for the petitioners insisted upon the question raised in the writ petition being decided ..... it is the contention of learned counsel for the petitioners that after the introduction of chapter v-b of the industrial disputes act, any employer who wants to retrench the workmen shall comply with the provisions of ..... 25-n and 25-o of the industrial disputes act (hereinafter called 'the act') which are found in chapter v-b ..... petition has been filed for a declaration that the non-employment of the workmen of the sugar factory at pugalar on november 13, 1992 by the first and second respondent is illegal, unconstitutional and void ab initio as being contrary to the provisions of the act and that consequently, the workmen are entitled to be continued in service with effect from november 13, 1992, with continuity of service, full back wages and all other benefits on the same terms as under the first respondent until altered in accordance with ..... learned counsel for the petitioners took me through several paragraphs of the judgment of the supreme court in punjab land development (supra) ..... divelkar air 1957 sc 121 and anakapalle co-operative agricultural and industrial society ltd. v ..... divelkar air 1957 s. c. .....

Management of Thambi Motor Service, Salem Vs. Presiding Officer, Labou ...

Court : Chennai

Reported in : AIR1960Mad540; [1960(1)FLR60]; (1960)IILLJ563Mad; (1960)IIMLJ503

..... (3) on 31-10-1957 the government of madras referred the industrial dispute between the petitioner management and the second respondent union for adjudication of the labour court, coimbatore ..... 10(1) of the industrial disputes act. ..... 10 of the industrial disputes act. ..... (2) the industrial dispute related to matters concerning two workers, irusappan and manickam ..... (1) this is a petition for the issue of a writ of certiorari to quash an order of the labour court, coimbatore passed in an industrial dispute between the petitioner--the management of thambi motor service, salem,--and the workers. ..... thereafter the union raised an industrial dispute which in the first instance went before the labour officer for conciliation ..... this bore fruit and on 12-12-1957, the reference to the labour court was amended and the dispute referred as amended was directed to read 'whether the retrenchment of clearers irusappan and manickam was justified and to what relief they are entitled and to compute the relief in terms of money if it can be so ..... state of punjab, , for the position that the power of the government to cancel, amend or modify a reference already made was on the terms of s ..... 21 of the general clauses act which permits the inference of a power to add to, amend, or vary, rescind any notification, order or rule could not be applied to a power of the sort conferred by s ..... 25-g of the industrial disputes act that the retrenchment should be of those who had come last would have been violated ..... 10(1) of the act. .....

Terminated Full Time Temporary Lic Employees Welfare Association Vs. S ...

Court : Chennai

Reported in : (1993)ILLJ1030Mad; (1992)IIMLJ573

..... when the legislature has thought fit to exclude specifically the provisions of the industrial disputes act by the amendment of 1981, there can be no doubt that the provisions of sec. ..... 9 of the industrial disputes act, found that the life insurance corporation (amendment) act, (1 of 1981) validated the regulations with retrospective effect from the date of their promulgation. ..... it was for them to show that the employees of the life insurance corporation and the employees of the other establishments to whom the provisions of the industrial disputes act were applicable were similarly circumstanced to justify the contention that by excluding the employees of the corporation from the purview of the industrial disputes act they had been discriminated against. ..... 976, a full bench of the punjab and haryana high court has held that in the case of ad hoc appointments the appointee does not acquire any right to hold the post and termination after the expiry of fixed period is neither arbitrary nor unreasonable. ..... (2) thereof, which was introduced by amendment act 17 of 1957 with retrospective effect, relates to the terms and conditions of service of persons who have become employees of the l.i.c. .....

Asservadham, Vs. the General Manager, Indian Airlines Limited

Court : Chennai

Reported in : [2003(97)FLR313]; (2003)ILLJ1091Mad

..... after the insertion clauses (bb) to section 2(oo) of the industrial disputes act by amending act 49/1984 with effect from 18.08.1984 excluding a contractual termination of service from the definition of retrenchment, it would appear that it could never have been the intention of the legislature to make retrenchment synonymous with discharge simpliciter. 11. ..... accorded for their de facto functioning for more than 240 days; (ii) absorption or regularization connotes all the casuals to work for more than 240 days to get themselves automatic empanelled for a permanent service; (iii) any empanelment should be kept alive until all of them are absorbed permanently; (iv) section 25h of the industrial disputes act directly confers right to the appellants under law and therefore, they have got a legal right for absorption; (v) as their work is of a permanent ..... , they claim that under section 25h of the industrial disputes act read with rule 78 of the industrial disputes rules, they are entitled for re-employment and on that basis, they have filed writ petitions seeking to quash the notification calling for the applications for regular appointments and to direct the respondent to regularize their services. ..... in punjab land development and reclamation corporation ltd. v. .....

D. Mohan Vs. the Presiding Officer, Central Government Industrial Trib ...

Court : Chennai

Reported in : (2006)IIILLJ912Mad

..... on the other question decided by my learned brother i have no hesitation in agreeing that having regard to the simultaneous amendments introduced in the industrial disputes act, 1947 by act 36 of 1964 the deletion of section 2(eee) and the substitution of the present section 25-b for the original section it is no longer necessary for a workman to show that he has been in employment during a preceding period of twelve calendar months in order to qualify within the terms of section 25-b. ..... 5311 of 2003 the respondent sikander singh raised a dispute on the ground that he was working with the appellant from 01-02-1993 to 14-12-1996, on which date his services were terminated without complying with the requirements of section 25-f of the industrial disputes act. ..... the second respondent denied employment to the petitioner from 01.04.199 7 without taking note of the fact that the petitioner worked for a period of ten years and without retrenchment compensation or one month notice pay as contemplated under section 25(f) of the industrial disputes act, 1947, hereinafter referred to as act. ..... ...in the instant case, we have already noticed that the basic ground on which the labour court reduced the back wages was based on a judgment of the high court of punjab and haryana which, as further noticed by us, was overruled by a subsequent judgment of a division bench. ..... state of punjab and a substantial compliance would be enough.ii) surendra kumar verma and ors. v. .....

Madras Corporation Red Flag Union Vs. the Govt.of Tamil Nadu

Court : Chennai

..... therefore, both the writ petitions are allowed to the extent that the corporation is restrained from recovering any amount from the workers covered by the two unions on the ground that the payments were made in excess of the amount due to them and since they were absorbed pursuant to the settlement under section 12(3) of the industrial disputes act, unless the settlement is terminated and proper notice is given under section 9-a of the industrial disputes act, the corporation cannot recover the amount, notwithstanding the so-called threat made by virtue of g.o.ms.no.161, ma&ws department dated 12.3.1985. ..... further, the workers of the petitioners unions are governed by the industrial disputes act and with reference to the dispute, they can always raise an appropriate dispute under the industrial disputes act before the industrial tribunal and satisfy the tribunal for the appropriate scale of pay. 15. ..... in the result, the appeals are allowed in part; the impugned judgment so far as it relates to the direction given for recovery of the amount that has been paid in excess to the appellant teachers is set aside and that part of the impugned judgment whereby it has been held by the division bench that the amended provisions of fr 22-c would apply to the appellant teachers is upheld. ..... of india, purshottam lal das vs state of bihar, punjab national bank vs manjeet singh and biha seb vs bijay bhadur. 59. .....

Indian Overseas Bank Vs. C.R.Chandrasekaran

Court : Chennai

..... a settlement arrived in terms of the provisions of the industrial disputes act, 1947 would bind the parties and since the benefit of pension conferred on the respondents not on account of statutory right but only on account of the settlement, they are not entitled to the benefits of the 8th bipartite settlement/joint note.26 ..... a settlement is arrived at in the course of conciliation proceedings which may be the first step towards resolving the industrial dispute which may be lingering between the employers and their workmen represented by their unions but even if at that stage such settlement does not take place and the industrial dispute gets referred for adjudication, even pending such disputes, the parties can arrive at amicable settlement which may be binding to the parties to the settlement unlike settlement arrived at during ..... to call for the records and quash clause 2b of the joint note dated 02.06.2005, and clause 7 of the settlement dated 02.06.2005, insofar as not extending the benefit of the the dearness relief of 100% neutralization on the entire basic pension for those who retired earlier to 01.11.2002, and forbearing the respondent/management of the canara bank from passing any amendment to pension regulations, 1995, as per the provisions of banking companies (acquisition and transfer of undertakings) act, 1970, excluding the petitioners who retired ..... the learned single judge has also taken into consideration the judgment reported in (1997) 4 scc569[state of punjab .....

Puducherry Textile Mills Labour Union Vs. Anglo French Textiles of Pon ...

Court : Chennai

..... whether in a case of closure of an industrial undertaking, prior permission of the appropriate government is imperative and whether a settlement arrived at by and between the employer and the workmen would prevail over the statutory requirements as contained in section 25-n and section 25-o of the industrial disputes act, 1947 (the act for short) are the primal questions involved in this appeal which arises from a judgment and order passed by a division bench of the punjab and haryana high court dated 10-7-1998 in cwp no. ..... learned counsel for the petitioners would contend that the first respondent mill has been taken over by the act of the state government and hence the same cannot be partially closed down, leading to reduction of workforce without appropriate amendments to the act. ..... it was noted that the said chapter consisted of sections 25-k to 25-s and that the said chapter was inserted by the amending act 32 of 1976. ..... the only question raised before us is whether the method adopted by the government in exercising its executive powers to disinvest hpcl and bpcl without repealing or amending the law is permissible or not. ..... ought not to have been issued without the mandate of state assembly and without amendments to the anglo french textile ltd. ..... we, therefore, hold that the amended section 25-o is not ultra vires the constitution. .....

The Management of Tamil Nadu Civil Supplies Corporation Limited, Repre ...

Court : Chennai

Reported in : (1997)1MLJ204

..... the main contention of the learned counsel for the second respondent is that the respondents were discharged on 10.4.1984, the industrial disputes act was amended and section 2(oo)(bb) was introduced on 18th august, 1984. ..... at least section 11-a of the industrial disputes act leaves no room for the court or tribunal to grant back-wages from the date of the order of dismissal or discharge to the date of the order of award passed by it even though satisfaction is reached that the order of dismissal or discharge was justified on the basis of evidence adduced before it.in escorts limited (tractor division), faridabad v. ..... industrial disputes under section 10(1)(c) of the industrial disputes act, 1947 (hereinafter referred to as the act). ..... in fact, there is no such inherent power given to the labour court or tribunal in the industrial disputes act apart from section 11-a of the act.16. ..... section 11-a of the industrial disputes acts as follows:powers of labour courts, tribunal and national tribunal to give appropriate relief in case of discharge or dismissal of workmen. ..... 273, a learned single judge of the punjab and haryana high court has held that the labour court overstepped its jurisdiction in ordering reinstatement of the workman, when his dismissal was fully justified. .....