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Mrs. Olga D'souza Vs. Board of Trustees of the Port of Marmugao and Or ...

Court : Mumbai

Reported in : 1990(3)BomCR345

..... appointing any person to represent the labour employed in the port, the central government shall obtain the opinion of the trade unions, if any, composed of persons employed in the port and registered under the trade unions act, 1926 and that the number of persons so appointed shall not be less than two;(ii) such number of persons, ..... been de-reserved and made available to the petitioner to which we may usefully quote the observations made by the supreme court in s.s. sharma v. union of india : (1981)illj381sc that:'whether or not reserved vacancies should be de-reserved is a matter falling primarily within the administrative discretion of the government ..... the event of an adequate number of scheduled caste and scheduled tribe candidates not being available in any particular year. before reaching this extremity, the government acts wholly within its power in adopting an alternative arrangement for filling the reserved vacancies. de reservation as a process should be resorted to only when it .....

Parkash Textile Mills Ltd. Vs. Mani Lal and ors.

Court : Punjab and Haryana

Reported in : AIR1955P& H197

..... 1949 fc 111 (d).12. in -- 'saskatchewan labour relations board v. john east iron works ltd.', 1949 ac 134 (f), me distinction between a 'board' constituted under the trade unions act and a 'court' was given in the following words :'it is a truism that the conception of the judicial function is inseparably bound up with the idea of a suit ..... the supremacy of law, chap, vi, for a review of other cases, where the findings of fact by the commission were examined by the court. over other federal trade commissions also the courts have exercised jurisdiction in a similar manner: (note 81 at page 1677 of willough by on the constitution of the united states).52. in american ..... the sale has not yet been confirmed.in the meanwhile some time in july 1953 one hira lal applied under section 10 of the displaced;persons (debts adjustment) act, act 70 of 1951, to a tribunal in meerut for the determination of his claim against the sons of salig ram, and the latter on receiving notice under section .....

Hindustan Unilever Limited Vs. Member, Industrial Court and ors.

Court : Mumbai

..... subject-matter of challenge before the industrial court at nagpur by the respondent no.2-brooke bond employees' union, a registered union under the trade unions act, 1926 and a recognized union under section 20 of the mrtu & pulp act, invoking the jurisdiction under section 28 read with item 4(f) of schedule ii and items 7 and ..... 9 of schedule iv of the mrtu & pulp act by filing complaint (ulpn) no.51 of 2001. 11. the ..... petitioners for the proposition that the complaint was not competent at the instance of shri rajhans, the general secretary of the union, are not applicable in cases of the recognized trade unions incorporated under the trade unions act, which are conferred with such rights and privileges, including those - to lodge and to prosecute the complaint, ventilating the .....

Suraj Industries Limited Vs. Ravi Dutt and ors.

Court : Himachal Pradesh

..... the petitioners in their individual capacity have the right to file the petition. according to the provisions of section 2 of the industrial disputes act, 'trade union' means a trade union registered under the trade unions act, 1926. this has been inserted by act no. 46 of 1982 w.e.f. 21.8.1984. therefore, it is clear that once the case has to be filed on behalf of a ..... trade union, it has to be registered under the trade unions act and there are no allegations or proof on record that this union was registered at any time under the provisions of the trade unions act .....

Bangalore Electricity Supply Company Ltd, Rep. by Its Chief General Ma ...

Court : Karnataka

..... accordance with the provisions of this chapter. chapter v c unfair labour practices 25t. prohibition of unfair labor practice no employer or workman or a trade union, whether registered under the trade unions act, 1926 (16 of 1926), or not, shall commit any unfair labor practice. 25u. penalty for committing unfair labor practices any person who commits any unfair labor practice ..... of the authority before which the proceeding is pending; (2) (3) (4) (5) the fifth schedule unfair labour practices i- on the part of employers and trade unions of employers 1 to 9. 10. to employ workmen as badlis?, casuals or temporaries and to continue them as such for years, with the object of depriving them ..... there is an unfair labour practice within the meaning of item 9 of schedule iv of the act in view of the judgment of the supreme court in s.g. chemicals and dyes trading employees union vs. s.g. chemicals and dyes trading ltd. and anr. (1986 i clr 360). therefore, the workmen were held to be entitled .....

J K Organization Vs. Income-tax Officer.

Court : Allahabad

Reported in : [1983]6ITD16(NULL)

..... pay, shall be credited to the general fund and that no expenditure from such fund shall be made in contravention of section 15 of the indian trade unions act, 1926, but may be applied towards the carrying out of the objects of the association. rule 35 provides that in the event of dissolution, the central ..... taxed.3. the facts relevant to the point at issue are as follows. the assessee association is registered under the indian trade unions act, 1926, whose membership is confined to persons whose undertakings in business, trade, industry, and agriculture form part of or are connected with the j. k. group of undertakings or who are trustees under ..... of employment of the employees of its members and to start, organise, establish and maintain labour relations and labour welfare organisations.(v) to consider all questions affecting trade, commerce, industry and agriculture in which members are or may be concerned and to the all necessary action in connection therewith.** ** **(vii) to engage .....

Ambadas and Others Vs. Exide Industries Limited and Others

Court : Mumbai Aurangabad

..... backdrop is with regard to the nature of the activity as like respondent no.1 which falls under the engineering industry. 19. section 22 of the trade unions act, 1926 reads as under: 22. proportion of office-bearers to be connected with the industry: (1) not less than one-half of the total number of ..... relation to any industrial dispute concerning such industry is the appropriate government. 19. section 3(17) defines "union" to mean a trade union of employees which is registered under the trade unions act, 1926. chapter iii headed as recognition of unions provided that every undertaking wherein 50 or more employees are employed or were employed on any day of ..... no instructions. this issue assumes significance in the light of section 22 of the trade unions act, 1926 which mandates that 2/3rd of the elected office bearers of any trade union ought to be workers working in a particular industry if that union is to establish any legal connection with such factory falling under such an industry. .....

Tarlok Chand and ors. Vs. National Industrial Development Corporation ...

Court : Delhi

Reported in : 1994IIIAD(Delhi)604; 55(1994)DLT157; 1994(30)DRJ206; (1994)IILLJ1130Del

..... .2(ra)- 'unfair labour practice' means any of the practices specified in the fifth schedule:' 'sec.25t- no employer or work an or a trade union, whether registered under the trade unions act 1926 or not, shall commit any unfair labour practice'. 'sec.25u- any person who commits any unfair labour practice shall be punishable with imprisonment for a ..... tern) which may extend to six months or with fine which may extend to one thousand rupees or with both'.the 5th schedule to the industrial disputes act ..... dispute under section 10 is in adequate and efficacious legal remedy for the enforcement of the rights created under the act.'(12) in the case of chundrama singh v. managing director, u.p. cooperative union and others 1991 11 lln 1084, full bench of allahabad high court observed as under:- 'on the pleadings contained .....

Shriram S/O. Narayan Bhoyar Vs. Maharashtra State Road Transport Corpo ...

Court : Mumbai

Reported in : [1994(68)FLR651]

..... . the petitioner was working as a driver. after a departmental enquiry, he was dismissed. he approached the labour court under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, the complaint was dismissed. order of dismissal was confirmed. in revision, the industrial court refused to interfere with the order of the labour court. hence this .....

M.L. Paladia Vs. Kendriya Vidyalaya Sangthan and anr.

Court : Rajasthan

Reported in : 1997(2)WLC644; 1996(2)WLN178

..... employee is a class iii or a class iv employee, or an 'officer bearer' as defined in clause' (d) of section 2 of the trade unions act, 1926 (16 of 1926) of the union to which he belongs to present the case on his behalf, but may not engage a legal practitioner for the purpose unless the said presenting officer appointed ..... central government can be permitted to assist the petitioner is also challenged and it is also stated that the presenting officer is an employee of cbi and this act amounts to harrassment of the petitioner in the inquiry. it was also informed to the petitioner that the defence nominee should be a kendriya vidyalaya sangathan employee ..... kumar sub inspector, spe/cbi jodhpur was appointed as the presenting officer. the petitioner requested that amar singh, a retired additional superintendent of police, be permitted to act as defence counsel in the inquiry. the petitioner was informed vide letter dated 9.8.95 that shri amar singh cannot be permitted to be his defence counsel .....