Court : Gujarat
Reported in : (2003)4GLR554
..... sub clause (bb) in the definition of retrenchment was introduced to take care of such like situations by industrial disputes (amendment) act, 1984 with effect from 18.8.1984.12. ..... in the instant case and des raj's case the irrigation department of punjab has been held to be an industry based on the definition of industry as it now stands, whereas applying the same definition the apex court in the case of executive engineer (state of karnataka) held that it not to be an industry. ..... state of punjab (supra) the apex court had considered the tests laid down in various earlier judgments of the apex court itself, culminating in the judgment in bangalore water supply (supra) and thereafter had arrived at a conclusion that the irrigation department falls within the definition of industry within the meaning of section 2-j of the i.d. ..... the judgment of the full bench of the punjab and haryana high court has completely ignored the object of the act and various pronouncements of this court as noted hereinabove and thus is not a good law on the point of the applicability of the period of limitation for the purposes of invoking the jurisdiction of the courts/ boards and tribunal under the act.11. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR1248
..... . however, section 25-b and section 2(eee) have been the subject-matter of amendment by the industrial disputes (amendment) act, 1964 ..... -bank had not followed the provisions of section 25f of the industrial disputes act, 1947, and therefore, the termination order has been set aside with a direction to the petitioner-bank to reinstate the workman concerned in service with continuity and with all consequential benefits and back wages for the interim period.6. feeling aggrieved and dissatisfied with the said award dated 11-2-1998 made by the labour court, surat, the petitioner-bank had filed an appeal before the industrial tribunal, surat being ..... . (supra), the division bench of high court of punjab & haryana has held termination of the workman concerned invalid ..... . likewise, the single judge of punjab & haryana high court in balbir singh v ..... . act has been approved by the constitution bench in the case of punjab land development & reclamation corporation limited v ..... . state of punjab & ors ..... . state of punjab & ors ..... . state of punjab & ors .....
Tag this Judgment!Court : Gujarat
Reported in : (1998)2GLR314
..... act providing for the requirement of the approval in cases of discharge or dismissal or other adverse orders during the pendency of the industrial disputes between the employer and the employees and the consequences flowing from contravention of such provisions, if any. ..... the learned counsel for respondent on the other hand contended that in view of decision in punjab beverages's case, (supra) once an order becomes operative, the only remedy available for the petitioners was to avail of lodging complaint under section 33-a for the breach of condition of section 33(2)(b) or to raise an industrial dispute under section 10 of the i.d. ..... the same view was reiterated by the supreme court in punjab beverages case (supra) while considering criterion of the inquiry under section 33-a it said, 'mere contravention of section 33 by the employer will not entitle the workman to an order of reinstatement, because inquiry under section 33-a is not confined only to the determination of the question as to whether the employer has contravened section 33, but even if such contravention is proved, the tribunal has to go further and deal with the merits of the order of discharge or dismissal.' 22. ..... nor the question about the effect of order of refusal on the applicability of provision of section 33-c of the act was directly before the court as was in punjab beverages case (supra). 15. ..... ram sarup, (1957-i-llj-17)(sc) and the punjab national bank limited v. .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)1GLR5
..... ic 1172, it will have to be held that the activities carried on by the sanitary and conservancy department of the municipal council is an 'industry' within the meaning of the said term as defined in the industrial disputes act, 1947. ..... the labour court had also framed important issues that whether the workman has completed 240 days continues service with the petitioner or not and the second issue whether the provisions of the industrial disputes act, 1947 have been complied with in case of the petitioner or not5. ..... its employees, reported in air 1960 sc 675, wherein the apex court has held that department of panchayat is an industry and the provisions of the industrial disputes act, 1947 are applicable to the panchayat, and therefore, mr. ..... therefore, the labour court has come to the conclusion that the petitioner has violated provisions of section 25f of the industrial disputes act, 1947. ..... 25f of the industrial disputes act, 1947 and no notice as given and no pay was given, and therefore, termination order is bad and illegal. ..... 2(s) of the industrial disputes act, 1947. ..... rajappa was delivered almost two decades ago and the law has since been amended pursuant to that judgment though the date of enforcement of the amendment has not been notified.2. ..... the date of birth of the respondent-workman was 15th july, 1957 and certificate given by the valsad district panchayat produced at exh. 8/3. .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR527
..... in the absence of any definition of 'industry' in the trade unions act, it appears to us that the same considerations which have been held to be relevant for the purpose of holding whether an institution of an industry or not under the industrial disputes act, would be equally relevant for the purposes of the trade unions act. ..... 651:whatever may have been the meaning of the expression 'compensation' under the unamended article 31(2), when the parliament has expressly enacted under the amended clause that 'no such law shall be called in question in any court on the ground that the compensation provided by that law is not adequate', it was intended clearly to exclude from the jurisdiction of the court an enquiry that what is fixed or determined by the application of the principles specified as compensation does not award to the owner a just equivalent of what he is deprived. 23. ..... state of punjab : [1985]2scr72 , that judgment of courts are not to be construed as acts of parliament. ..... state of punjab and ors. .....
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 : (2006)2GLR1615
..... said order is also passed without considering mandatory provisions of the id act, 1947 and, therefore, said order passed by registrar, cooperative societies is illegal and void, ab initio, arbitrary and contrary to the provisions of the societies act as well as the industrial disputes act, 1947, violative of the principles of natural justice and, therefore, same is liable to be quashed.5. ..... with reference to section 76-a as inserted in the principal act by the amending act it is stated that it has been observed that experienced, qualified and competent managing directors or chief executive officers of societies are arbitrarily removed by the society and in their place new persons are appointed though lacking in qualifications and experience requisite for holding such responsible position by nepotism and favourtism. ..... punjab state through secretary to government, labour department .from the aforesaid decisions and also in view of the facts of this case, it is clear that language employed in section 160 is giving powers to the registrar for the purpose of securing proper implementation of cooperative production, other developmental programmes, linking and coordinating of cooperation activities such as marketing and credit and securing proper management of business of the society, conducted in a manner detrimental to the interests of members or depositors or creditors. .....
Tag this Judgment!Court : Gujarat
Reported in : [2001(90)FLR666]; (2002)1GLR755; (2001)IILLJ567Guj
..... the said order was challenged in appeal and the division bench of the high court took the view that because of clause (bb), which was introduced in section 2(oo) of the act with effect from august 18, 1984 by the industrial disputes (amendment) act, 1984, the termination of the services of the appellant by the corporation within the period of probation shall not amount to retrenchment within the meaning of section 2(oo). ..... the amendments introduced in section 48 of the life insurance corporation act have clearly excluded the provisions of the industrial disputes act so far as they are in conflict with die rules framed under section 48(2)(cc). ..... the learned single judge set aside the order of termination on the ground that the appellant was a 'workman' within the meaning of the industrial disputes act and the termination of his service will amount to 'retrenchment', within the provisions of section 2(oo) of the act and the said action is null and void in view of the non-compliance of the requirement of section 25f of the act. ..... clerk has also relied on the decision of the apex court in punjab land development and reclamation corporation ltd. v. ..... state of punjab and ors. .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)2GLR1002; (1995)ILLJ801Guj
..... whether such relief undertakings would be covered by the word 'industry' as defined by section 2(j) of the industrial disputes act, 1947 and as interpreted by the supreme court in the case of bangalore water supply : in the referring judgment, the division bench found prima facie considerable force in the contention of the learned advocate for the petitioners that the purpose of the project was absolutely irrelevant and the parity of work is to be found in the modus operandi in the working and it was organisation of the venture, including the relations between the two limbs that was material; that analysis must be activity ..... the court observed that, as the amended statutory definition is not yet in force, the present definition and judicial pronouncements have to be referred to for finding the law. ..... state of punjab, 1988 i clr 620, or the decision rendered by the patna high court in the case of bihar relief committee v. .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)2GLR1807
..... , reported in 1993 (2) glr 997, has come to the conclusion that the labour court has power to adjudicate the dispute if it is referred to it for adjudication by the appropriate government under section 10(1) of the industrial disputes act, 1947 and the labour court can vary the contract or can change the contract and for that, the labour court is not bound by any rules or regulations or service conditions of the company or corporation, as the case may be. ..... when a dispute is raised under the industrial disputes act about terms and conditions of service, on the ground of remedying the evil of continued employment on casual or temporary basis not providing job security as well as results in payment of wages to such temporary hands much less than what is paid to regular or permanent hands, the question invites to be examined in the light of statutory provisions aimed to curb unfair labour practice and to provide a fair deal to such workmen in consonance with constitutional guarantees of equality and right to life, which ..... the matter directly arose before the supreme court in the context of provisions under the industrial disputes act relating to unfair labour practice connected with continued long employment as casual or temporary hand. ..... in view of this, law has been amended by the legislature by introducing schedule-v by way of amendment in the act of 1947. ..... scc 658 : air 1988 sc 517 : 1988 lab.ic 958, state of punjab v. .....
Tag this Judgment!