Court : Gujarat
Reported in : AIR1963Guj283
..... prior to the amendment made by the industrial disputes (amendment and miscellaneous provisions) act, 1956, even in connection with misconduct not connected with the dispute it was obligatory on the employer to obtain the prior express permission in writing of the authority before discharging or punishing, whether by dismissal or otherwise a workman concerned in the dispute. ..... . the then existing anomaly to remedy which amendments were made by the industrial disputes (amendment and miscellaneous provisions) act, 1956, has been set out in the statement of objects and reasons of the bill which preceded the said act of 3956 ..... . the supreme court has there observed that the object of section 22 of the industrial disputes (appellate tribunal) act, 1950, like that of section 33 of the industrial disputes act, 1947, as it then stood, was to protect the workman concerned in disputes which formed the subject-matter of pending proceedings against victimisation by the employer on account of their having raised industrial disputes or their continuing the pending proceedings ..... . it has in paragraph 8 referred to the decision of (he supreme court in the ease of punjab national bank ltd. v .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR568; (2004)IIILLJ259Guj
..... v. state of punjab, reported in : (1988)iillj149sc wherein one of the appellants was a foreman in the mechanical construction division under the irrigation department, who had applied under section 33c(2) of the industrial disputes act, 1947 before the labour court for recovery of arrears of annual ..... .26. turning now to the forest department of the state of gujarat, it is clear from the gujarat government rules of business, 1990 (as amended upto 15-12-1988, which were framed by the governor in exercise of the powers conferred by clauses (2) and (3) of article 166 of the constitution of india), that it appears at srl.no.6 of part i of the first schedule created under rule 4 of the said rules under the name: 'forest & environment department ..... head. in view of possible changes in subjects allotted to the departments that can be made by amending the rules of business of the government constitutionally framed by the executive head, it will not be possible for the court to declare the entire department as industry on the basis of the subjects allotted at a given point of .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)3GLR783
..... , power to make reference under the industrial disputes act, 1947. ..... examination, he has reason to believe that the consideration does not approximate to the market value of such property or, as the case may be, market value of such property has not ..... referred to in sub-section (1), (not being the instrument upon which an endorsement has been made under section 32 or the instrument in respect of which the proper duty has been determined by him under sub-section (3) or an instrument executed before the date of the commencement of the bombay stamp (gujarat amendment) act, 1982) call for and examine the instrument for the purpose of satisfying himself as to the correctness of the consideration or of the market value of the property which is the subject-matter of such instrument and the duty payable thereon; and if on such ..... in that case, certain guidelines were issued by the state of punjab under the stamp act, 1899 as amended by the punjab stamp act, 1982. .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)0GLR622; (1963)IILLJ527Guj
..... prior to the amendment made by the industrial disputes (amendment and miscellaneous provisions) act, 1956, even in connexion with misconduct not connected with the dispute it was obligatory on the employer to obtain the prior express permission in writing of the authority before discharging or punishing, whether by dismissal or otherwise a workman concerned in the dispute. ..... the then existing anomaly to remedy which amendments were made by the industrial disputes (amendment and miscellaneous provisions) act, 1956, has been set out in the statement of objects and reasons of the bill which preceded the said act of 1956. ..... 364 inter alia observes as follows : 'in dealing with industrial disputes under the industrial disputes act and other similar legislation, industrial tribunals, labour courts, appellate tribunals and finally this court have by a series of decisions laid down the law that even though under contract law, pure and simple, an employee may be liable to dismissal, without anything more, industrial adjudication would set aside the order of dismissal and direct reinstatement of the workmen where dismissal was made without proper and fair ..... 8) referred to the decision of the supreme court in the case of punjab national bank, ltd., v. ..... medical appeal tribunal, ex parte, gilmore [(1957) 1 q.b. .....
Tag this Judgment!Court : Gujarat
Reported in : (1980)21GLR633
..... reference of disputes under the act : where any dispute arises between an employer and his employees with respect to the bonus payable under this act or with respect to the application of this act to an establishment in public sector then, such dispute shall be deemed to be an industrial dispute within the meaning of the industrial disputes act, 1947 (14 of 1947) or of any corresponding law relating to investigation and settlement of industrial disputes in force in a state and the provisions of the act or, as the cas' may be, such law, shall, save as otherwise expressly provided apply accordingly.under section 23 there was a presumption about accuracy of balance ..... -sheet and profit and loss account of corporations and companies, when any dispute of the nature specified ..... it was there pointed out that there are two parts of the sub-section as it exists after its amendment by act 36 of 1964. ..... in punjab beverages v. .....
Tag this Judgment!Court : Gujarat
Reported in : (1968)GLR815; (1968)ILLJ670Guj
..... punjab state , it was held that an industrial dispute between a co-operative society registered under the punjab co-operative societies act and sits workmen cans be referred to an industrial tribunal set up under the industrial disputes act. ..... 25j(2) of the industrial disputes act, the provisions of that act which was a central act would prevail over the provisions of the co-operative societies act which was the act of the state legislature. ..... a civil court, therefore, cannot have any case before it to entertains demands which might have no basis under the ordinary civil law, for such is not the jurisdiction that has been invested in the civil court to decide claims or demands or differences arising out of the provisions of the special acts like the industrial disputes act and the bombay industrial relations act. ..... that section provides that save as expressly provided in the act, no civil or revenue court shall have any jurisdiction in respect of the registration of a society or its bylaws, or the amendment of its bylaws, or the dissolution of the committee of a society, or the management of the society on dissolution thereof or nay dispute required to be referred to the registrar, or his nominee, or board of nominees, for decision; or any matter concerned with the winding up and dissolution of a society. .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)8GLR856
..... this ordinance was followed by the acquisition amendment act xxxi of 1962 which came into operation retrospectively from 20th july 1962, which had also introduced the same amendments to the act as the ordinance did. ..... ' this clause (aa) was, as already indicated, introduced for the first time after the first arora's case : air1962sc764 by the amending act xxxi of 1962. ..... 180 (supra), as follows:although the words of the statute, taken in their literal sense, without any qualification at all, would create a justification for the act which the district board has done, the powers granted by that statute are subject to a qualification which has been repeatedly recognised, that no man is to be deprived of his property without having an opportunity of being heard....the learned advocate general very seriously disputes the correctness of the aforesaid proposition. ..... in our judgment, it cannot be said that, a company which is engaged in the activities of the aforesaid kind which will cater to the needs of the defence and other industries including agriculture and which will save vital foreign exchange, is a company which does not subserve a public purpose. mr. m. c. ..... the state of punjab and ors. ..... the state of punjab and ors. .....
Tag this Judgment!Court : Gujarat
Reported in : [2001(88)FLR830]; (2000)3GLR2250; (2001)ILLJ823Guj
..... the corporation was not prepared to and has not accepted the workmen who were working with the gujarat housing board and the workmen were already retrenched under section 25-f of the industrial disputes act. ..... from the said notice it is also clear that, as mentioned in section 25-f of the industrial disputes act, amount was offered. ..... it is also averred that the order is in violation of section 25-ff of the industrial disputes act. ..... 94/80 and the industrial disputes came to be decided by the labour court at rajkot by its award dated 5-11-1984. ..... 11 that work was available and therefore it was the duty of the corporation to engage the aforesaid persons continuously, and further held that the action of the corporation was also not justified in not engaging the persons mentioned in annexure-a and the retrenchment of the aforesaid persons cannot be allowed at all and therefore held that the persons referred in annexure-a are entitled to half backwages and directed the municipal corporation to take over the service of the persons mentioned at annexure-a, allow them to work forthwith ..... this bill seeks to amend the gujarat housing board act, 1961 to achieve the aforesaid object'. 3. ..... state of punjab reported in air 1993 sc 1388 : (1993 lab 428) arrived at the conclusion that it is open for this court to review the arrangement between the state government and the corporation and issue appropriate directions. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2007Guj126; [2007]139CompCas359(Guj); [2007]79SCL570(Guj)
..... resides or carries on business or personally works for gain; or(c) the cause of action, wholly or in part, arises:provided that the bank or financial institution may, with the permission of the debts recovery tribunal, on an application made by it, withdraw the application, whether made before or after the enforcement of security interest and recovery of debts laws (amendment) act, 2004 for the purpose of taking action under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (54 of 2002), if no such action had been taken ..... by the said amendment a proviso has been added to sub-section (1) of section 15 of the act of 1985 which reads as under:provided further that no reference shall be made to the board for industrial and financial reconstruction after the commencement of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, where financial assets have been acquired by any securitisation company or reconstruction company under sub-section (1) of section 5 of that act:provided also that on or after the commencement of the securitisation and reconstruction of financial assets ..... in my opinion both views, one expressed by the punjab and haryana high court and the other expressed by the bombay high court are possible. ..... it is not in dispute that the company has made a reference to the bifr under the act of 1985. .....
Tag this Judgment!Court : Gujarat
Reported in : [2002(94)FLR1129]; (2002)2GLR1276; (2002)IILLJ233Guj
..... the power is delegated to the central government to extend the act by amending the schedule of industries and by notifying from time to time the class of establishments under section 1(3) of the act. ..... moreover, sections 7b and 7i, inserted by the said amending act with effect from the date to be notified by the central government, make provision for review of, and appeal from orders passed under section 7a. ..... if a factory runs more industries than one, one of which is the primary and the dominant industry of the others are its feeders, and can be regarded as subsidiary, minor or incidental industries, in that sense, then the character of dominant and primary industry will determine the question whether a factory is an establishment under section 1(3)(a) of the act or not. ..... such a measure of social justice where the disputes have to be immediately resolved so that the statute does not remain a dead letter and the benefits of this benevolent measure reach the employees concerned as expeditiously as possible, the legislature could well leave this function to the central government to decide such point of doubt or difficulty so that the act could be speedily implemented. ..... the division bench of punjab & haryana high court has also upheld the validity of section 7a of the act in the case of sukh chain & company v. ..... regional provident fund commissioner, bombay, 1957 (1) llj 448. ..... , air 1957 sc 264; birdhichand sharma v. ..... union of india, air 1957 sc 397. .....
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