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MANOJ KUMAR TIWARI
Gopal Soni – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
MANOJ KUMAR TIWARI, J.
1. Petitioner has challenged the order dated 23.01.2013 passed by Deputy Labour Commissioner, Garhwal Region, Dehradun, whereby it has refused to refer the industrial dispute raised by petitioner to Labour Court, while exercising power under Section 4-K of U.P. Industrial Disputes Act, which is reproduced below:
Provided that where the dispute relates to any matter specified in the Second Schedule and is not likely to affect more than one hundred workmen, the State Government may, if it, so thinks fit, make the reference to a Labour Court.”
2. The ground taken for refusing to refer the dispute is that the employer does not come within the definition of ‘
The determination of whether an entity qualifies as an 'industry' under the U.P. Industrial Disputes Act should be based on the nature of its activities, and the power of reference under the Act is a....
A dispute between a principal employer and contractors' workers does not constitute a valid industrial dispute under Section 2(k) of the Industrial Disputes Act, 1947, due to the absence of an employ....
The court upheld the validity of a reference order made under the Industrial Disputes Act, emphasizing the administrative nature of such references and allowing the Tribunal to adjudicate claims from....
Point of Law - There is no embargo on the writ Court to quash a wholly inappropriate or undesirable or invalid reference order, in case no industrial dispute exists.
Point of Law- Law does not prescribe any time-limit for the appropriate Government to exercise its powers under Section 10 of the Act. It is not that this power can be exercised at any point of time ....
The court affirmed that the Dharmarth Trust operates as an industry under the Industrial Disputes Act, acknowledging employee rights and obligations.
Point of Law : Labour law - Contractual employee – Whether comes under Act, 1947 - Definition of “industry” under section 2(j) of ID Act shows that definition includes any kind of trade undertaking, ....
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