Consumer Protection Act, 1986, Section 2(1)(g) , 3, Sick Industrial Companies (Special Provisions) Act, 1985, Section 15 , 22 -- Additional remedy - Sections 22 of 1985 Act does not provide for any permission to continue with a pending complaint filed under CP Act nor does it place any restriction on the Consumer Fora to deal with a complaint pending proceedings under the..........
Constitution of India, 1950, Article 14, 16, 12, 226 -- Resumption of allotted industrial plot - Validity of said order - Letter of allotment issued on 10.1.2001 but actual possession, however, handed over almost after 2 years - Corporation took more than 1 year to grant permission for construction after filing of application - Later on, notice of resumption given and plot..........
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22A -- Dishonour of cheque - Company - Declared a sick company by Board of Industrial Financial Reconstruction - Thereafter company making purchases and issuing cheque without disclosing that company is declared sick - Cheque dishonoured - Complaint cannot be..........
Industrial Disputes Act, 1947, Section 11A -- Labour Court - Jurisdiction - Department enquiry - Misconduct - Labour Court would have no jurisdiction to substitute its own judgment although it could itself have arrived at a different conclusion on the same materials - Decision of Labour Court should not be based on mere hypothesis - Its jurisdiction under S.11-A of the Act..........
Industrial Disputes Act, 1947, Section 11A -- Victimisation, unfair labour practice - Tribunal will interfere when there is want of good faith, victimisation, unfair labour practice etc. on the part of management - Workman is entitled to raise contentions like unfair labour practice as also acts of victimisation on the part of management - Such a contention has to be..........
Industrial Disputes Act, 1947 -- Trade Union Activities - There should be material on record to record a finding by Labour Court that act of management proves victimisation of the workman or management has taken action against them because of their trade union activities...........
Industrial Disputes Act, 1947, Section 11A -- Fresh evidence - When legality or validity of domestic enquiry is in question and this issue is decided in favour of management it need not lead any fresh evidence - If this issue is decided in favour of workman then management can be permitted to adduce fresh evidence before Labour Court...........
Industrial Disputes Act, 1947, Section 11A -- Code of conduct - Management and workman - Whereas management cannot resort to victimisation and unfair labour practice so as to get rid of the union leaders, workman in turn are bound to maintain discipline - A workman indulging in commission of a criminal offence should not be spared only because he happens to be a union..........
Industrial Disputes Act, 1947, Section 11A -- Object and purport of the Act - Act is not a beneficial legislation in favour of the management or the workman - Provisions of the statute must be construed having regard to the tenor of the terms used by Parliament...........
Civil Procedure Code, 1908, Section 9 -- Industrial Disputes Act, 1947 - Civil Court - Jurisdiction - Jurisdiction of Civil Court is not expressly barred by Industrial Disputes Act, 1947...........
