Arbitration and Conciliation Act, 1996, Section 34, Interest on Delayed payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, Section 7 -- Delayed payment on completion of contract of supply - Interest on delayed payment claimed - Dispute referred to Arbitration - Award in favour of claimant - Corporation challenged such award u/s 34 of the Act - Held,..........
Arbitration and Conciliation Act, 1996, Section 31(7), Interest on Delayed payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, Section 4 -- Interest on delayed payment - Delayed payment on completion of contract of supply - Interest on delayed payment claimed - Dispute referred to arbitration - Interest Act, 1993 is a special legislation providing for..........
Industrial Disputes Act, 1947, Section 10(4) -- Reference - Plea Labour Court did not have a power to traverse beyond the reference and when the workman had raised a dispute that he had been unlawfully terminated, the management cannot contend for a position that he had been retired and not terminated repelled - Held that the submission made takes a very narrow view of..........
Industrial Disputes Act, 1947, Section 10(1) -- Reference - Out of 24 items reference made of only 3 demands and other demands not found justified by the appropriate Government - The elaborate reasons given by the Conciliation Officer and affirmed by the Government exceed the jurisdiction of the power vested in the Government under Section 10 of the Industrial Dispute Act..........
Industrial Disputes Act, 1947, Section 2(k) , 2(s) , 10 -- Workman - Industrial dispute - Relationship of master and servant - The written agreement showed the engagement of claimants was that of a commission agent to the company - The relationship of principal and agent between the parties - The agreement was for one year and neither extended nor any fresh agreement was..........
Industrial Disputes Act, 1947, Section 2(k) , 2(s) , 10 -- Industrial dispute - Reference - Maintainability - Since a finding has been given that there did not exist a relationship of employer and employee between the claimants and Management there was no industrial dispute - As there was no industrial dispute, there could have not been a reference by the Appropriate..........
Industrial Disputes Act, 1947, Section 2(a) , 10 -- Appropriate Government - Reference - Office of SDE located and is working at Panchkula - The notice of retrenchment as well as the notice of termination and retrenchment compensation was served/made to workman at Panchkula - Merely because the workman was serving at Chandigarh would not give him cause of action to raise..........
Industrial Disputes Act, 1947, Section 2(k) , 10 -- Industrial dispute - Reference - Demand notice - What is referred to by the appropriate Government is the industrial dispute and not the demand notice - The observation of the Labour Court, with regard to the reference being not in accordance with the demand notice, held not in consonance with the mandate of the Act and..........
Industrial Disputes Act, 1947, Section 10 -- Reference - Delay in demand notice - Services of workman terminated on 8.9.1986 - The demand notice is dated 17.10.1995 - No explanation whatsoever has come on record which can be said to be justifiable for not approaching or claiming the dispute within a reasonable time before the appropriate government - The stale claims..........
Industrial Disputes Act, 1947, Section 10 -- Reference - Declining of by the respondent Government - There is inordinate delay on the part of the petitioner - workman who has approached the Court and if taken from the date of termination, a period of 18 years had elapsed - No hesitation in holding that after elapse of such a long period no industrial dispute exists or can..........
