Industrial Disputes Act, 1947, Section 2(ra),Item,10 -- Retrenchment - Unfair labour practice - Respondent Corporation issued letter directing to ensure that workmen are not permitted to complete 240 days by resorting to giving them fictional breaks - The workman had been engaged initially for 89 days and thereafter for further period of 89 days and then was engaged for..........
Industrial Disputes Act, 1947, Section 2(oo),(bb),25F -- Retrenchment - The workman has been offered appointment with fictional breaks to prevent the petitioner from taking benefit of Section 25(F) of the Act - The appointment order issued in succession to the workman was a camouflage to take out the petitioner-workman from the ambit of Section 25(F) of the Act - The..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Air lines - Deficiency in service - Neither the Indian Airlines secured the telephone number from respondent-complainant nor informed about the cancellation of the Flight to him - This becomes a deficiency in service by Indian Airlines - The order of the Fora below directing refund of Rs.5,000 towards..........
Consumer Protection Act, 1986, Section 2(1),(g),2(1),(r) -- Deficiency in service - Unfair trade practice - Non release of dues - Resignation - Non acceptance - Ground that requisite notice not given and 'No dues certificate' not submitted - It was duty of the principal of the School to get 'no due certificate' issued and he cannot take advantage of his failure to give..........
Industrial Disputes Act, 1947, Section 2(k),2(ra),10,25T,25U -- Industrial Dispute - Unfair labour practice - Even if an industrial dispute is sought to be raised on the ground of any party engaging in the acts of unfair labour practices, still the mechanism to be followed for redressal of such a dispute has to be the one as prescribed under the Act - Plea taken by the..........
Industrial Disputes Act, 1947, Section 2(k),12,10 -- Industrial dispute - Conciliation Officer - Functions of Conciliation Officer - It is to try and settle the industrial dispute by means of conciliation and mediation and to try and help the parties find an amicable solution to their disputes - It is not for the Conciliation Officer to adjudicate upon the dispute as..........
Industrial Disputes Act, 1947, Section 2(s),(as,amended,by,Industrial,Disputes,(Amendment),Act,1984 -- Expression 'Workman' - Amendment brought into force on 21.8.1984 - It is presumed to be prospective - Appellant terminated on 15.9.1982 - Amended provision cannot be made applicable in his case even though reference was made after the amendment of 1984...........
Industrial Disputes Act, 1947, Section 2(s) -- Expression 'workman' - Industrial Relations Executive - The nomenclature is not of any consequence - It has been found as a matter of fact with reference to various factual aspects that the duties undertaken by the appellant overwhelmingly fall in the managerial cadre - The order of the High Court holding that appellant could..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Hire purchase transaction - Repossession - Sale of Truck - Truck made available to the complainant on hire purchase basis - The ownership of the truck vested with the financier company - The complainant was only a hirer - Held that under a hire purchase transaction the financier does not render any service within the..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Commercial purpose - Manufacturing defect - Crack in chassis of truck during warranty period - Plea that truck used for commercial purpose the complainant not a consumer repelled - Held that as the truck was hired by the complainant for earning his livelihood by way of self employment the complaint held..........
