Showing : 1-10 of 82 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11, Industrial Disputes Act, 1947, Section 10-- Reference by State to labour Court - Res judicata - Dispute in relation to reduction of age from 60 to 58 years raised by Trade Union already decided on merits between parties to lis which attained finality - No judicial forum at the instance of any party had jurisdiction to try these issues again..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Industrial Disputes Act, 1947, Section 10- - Reference of dispute to Tribunal - Claim of regularization of services - Dispute in question required to be adjudicated on facts and evidence - Factual controversy cannot be adjudicated in OA by Tribunal or by High Court in a writ petition - Remedy lies in applying to Central Government to make..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Service-- Reinstatement and back wages - Termination of services - Respondent worked as daily wager hardly for a period of 1 year - Dispute was raised by respondent before Labour Court almost after 25 years of his alleged termination - Respondent thus, had no right to claim regularization - It would be..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Service-- Continuous service - Once it is established that employee has voluntarily abandoned his service, he cannot be said to be in continuous service u/s 2(oo) of Industrial Dispute Act, 1947. (Industrial Disputes Act, 1947, S.2(oo)...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Service-- Interim relief as ex-gratia payment - Cannot be termed as wages or its components u/s 2(y) of Industrial Dispute Act, 1947. (Industrial Disputes Act, 1947, S.2(y)...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Service-- Interim relief as ex-gratia payment - One time ex-gratia payment made by way of interim relief does not satisfy requirement of S.2(y) of Industrial Dispute Act - However, if such amount is paid regularly in compliance of terms of employment, it will be regarded as wages or its component within the..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of arbitrator - Industrial Fire risk policy - Arbitration clause - Clause in policy specifically stated that if insurer disputed or not accepted liability, no difference or dispute shall be referred to arbitration - Insurance company repudiated the claim by denying to accept liability..........
KERALA HIGH COURT
Year of decision: 2017
Details
Industrial Disputes Act, 1947, Section 33(2)(b), 33(1)-- Industrial dispute - Conditions of service - Prior express permission - Question of prior express permission to be obtained by employer arises only if punishment proposed is with regard to misconduct connected to dispute pending before competent authority otherwise, employer is obligated to act..........
MADHYA PRADESH HIGH COURT
Year of decision: 2016
Details
Sick Industrial Companies (Special Provisions) Act, 1985, Section 22, Arbitration and Conciliation Act, 1996, Section 11-- Appointment of arbitrator - Dispute between parties on account of no, payment of monthly rent fixed as per agreement for use of transformer - Respondent is not agreeing on the name of the arbitrator proposed by the applicant - Therefore, Court by exercising power u/s 11 of the 1996, Act appoints..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Industrial Disputes Act, 1947, Section 10-- Industrial dispute - Reference to labour Court for adjudication - Government is well within its jurisdiction to see whether there exist a dispute worth referring for adjudication - It is not as if the government has to act as a post office by referring each and every petition received by it - Only..........

Showing : 1-10 of 82 Results