AI Overview...
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Legal Heirs Initiating Disputes - The heirs of a deceased workman can initiate and prosecute an industrial dispute because the cause of action survives post-mortem, allowing them to represent the deceased's interests SMT. DHANALAKSHMI VS RESERVE BANK OF INDIA, BOMBAY - Karnataka.
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Time Limitations and Filing - Industrial disputes, including those concerning breaches of Sections 25F and G, can be raised after significant delays (e.g., 13 years), provided they are filed within prescribed periods and within the knowledge of the relevant tribunal Manjibhai Gandabhai VS Surendranagar Dist. - Gujarat.
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Jurisdiction of Industrial Court - Disputes related to payment of bonuses and unfair labour practices fall within the jurisdiction of the Industrial Court, which can entertain such disputes as industrial disputes under the Act Babasaheb Kedar Shetkari Through its Chairman VS Madhukar Ghodmare - Bombay.
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Substitution of Heirs as Parties - Heirs of a deceased workman cannot be substituted as parties to an industrial dispute under Section 18 of the Act, emphasizing that the dispute remains between the employer and the original workman or their legal representatives, not heirs directly Management of Tocklai Experimental Station, Cinnamara VS State of Assam - Gauhati.
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Liability of Legal Heirs - Generally, legal heirs are not responsible for liabilities arising from the deceased's employment dispute, such as compensation or damages, unless explicitly held liable or involved in the dispute Ruthben Stevenson Christian VS Sharadbabu Hospital Dr. Babulal L. Desai Deceased - Gujarat.
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Legal Framework and Purpose - The Industrial Disputes Act, 1947, is enacted as a beneficial legislation aimed at the investigation and settlement of industrial disputes, ensuring that disputes can be effectively pursued even after the death of the workman by their heirs ANAND AGRICULTURAL UNIVERSITY VS MANGLIBEN WD/O SURJIBHAI KALABHAI DAMOR, LEGAL HEIRS OF DECE - Gujarat.
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Restrictions on Heirs as Parties - The Act and related case law clarify that heirs cannot be substituted as parties to industrial disputes, maintaining the dispute's focus between the employer and the original workman or their legal representatives, not the heirs themselves Management of Tocklai Experimental Station, Cinnamara VS State of Assam - Gauhati.
Analysis and Conclusion:
The legal provisions and judicial rulings establish that heirs of a deceased workman have the right to initiate and prosecute industrial disputes, as the cause of action survives post-mortem. However, they cannot be directly substituted as parties in the dispute, nor are they automatically liable for liabilities arising from the dispute unless specifically involved. The Industrial Disputes Act, 1947, facilitates the resolution of such disputes, emphasizing the importance of timely filing and proper legal representation.
Search Results for "Raising of Industrial Disputes by the Legal Heirs"
1998 0 Supreme(Kar) 471 • India - Karnataka
K.R.PRASADA RAO, R.P.SETHI
Industrial Disputes Act, 1947-Sections 2A and 12-Industrial Dispute-death of workman before raising industrial dispute-legal heirs ... can initiate proceedings and prosecute industrial dispute because cause of action survives even after death of workman. ... ... ( 1 ) WHETHER the legal heirs of a deceased workman can initiate and prosecute an industrial dispute....
2015 0 Supreme(Guj) 514 • India - Gujarat
M.R.SHAH, G.R.UDHWANI
dispute alleging breach of Section 25F and G of Industrial Disputes Act raising industrial dispute –Labour Court vide judgment and ... with respondent-District Panchayat – After period of approximately 13 years from date of his alleged termination, workman raised industrial ... After a period of approximately 13 years from the date of his alleged termination, the workman raised an industrial dispute alleging breach of Section 25F and G of the Industrial Disputes Act #....
2014 0 Supreme(Bom) 415 • India - Bombay
R.K.DESHPANDE
as to payment of Bonus. - Since Industrial dispute as to payment of bonus amounts to unfair labour practice hence industrial Court ... the Payment of Bonus Act, would be an "industrial dispute". within the meaning of sub-section (17) of Section a of the Bombay Industrial ... , 1947, Section 2(5) - Dispute as to payment of bonus to employee. - Industrial Court has jurisdiction to entertain dispute as to ... The findings of the #HL_ST....
2019 0 Supreme(Guj) 384 • India - Gujarat
G.R.UDHWANI
dispute being Reference was pending to the knowledge of the petitioner with Industrial Tribunal in which afore-mentioned application ... application for permission was not necessitated in the facts of the case cannot be accepted - Court is of the opinion that the industrial ... services of the workman and sought its approval by an application under Section of the Act which has been declined - appears that the industrial ... Act raising industrial dispute. Therefore, i....
2022 0 Supreme(Guj) 1318 • India - Gujarat
BIREN VAISHNAV
The court considered the settled legal position under Section 33C(2) of the Act and held that the petitioners were entitled to pensionary ... Ratio Decidendi: The court relied on the settled legal position under Section 33C(2) of the Industrial Disputes Act and various ... The very object of the constitution of the mechanism aforestated being resolution of the industrial disputes at the threshold, the obligation of the appropriate Government to ensure resolution of the industrial dispute#HL_E....
2016 0 Supreme(Guj) 615 • India - Gujarat
K.M.THAKER
not survive, and it needs proper modification thus, Court directed petitioners to pay lump sum compensation of Rs. 50,000/- to legal ... heirs and representatives of the deceased workman with proper identification and verification, at the earliest - Writ Petition disposed ... ... 9.1 It is also not in dispute that the respondent raised industrial dispute in 1993 and order of reference came to be passed in August, 1993. ... The amount shall be paid to the heirs/legal ....
2014 0 Supreme(Guj) 84 • India - Gujarat
R.D.KOTHARI
Hence, non-raising of objections within the period of limitation as prescribed under Section 34 of the Limitation Act would not come ... (i) A dispute, (ii) Agreement to refer the dispute, (iii) Reference to arbitration for resolution of dispute, and (iv) Adjudication ... Non reference of “dispute” by the present petitioners is not possible to dispute/disbelieve. ... This is particularly true to industrial disputes. Strong reliance was placed on D.P.....
1959 0 Supreme(Gau) 35 • India - Gauhati
SARJOO PROSAD, H.DEKA, G.MEHROTRA
OF HEIRS - INDUSTRIAL DISPUTE - EXISTENCE - CONDITIONS. ... The heirs of a deceased workman cannot be substituted as parties to an industrial dispute. 5. ... The heirs of a deceased workman cannot be substituted as parties to an industrial dispute. 4. ... Section 18 itself shows that the; heirs of workmen cannot be parties to industrial disputes, though in the case of an employer....
2021 0 Supreme(Guj) 207 • India - Gujarat
A.P.THAKER
We have noticed that Industrial Disputers Act is made for settlement of industrial disputes and for certain other purposes as mentioned therein. ... The Industrial Disputes Act, 1947 is a beneficial legislation enacted with an object for the investigation and settlement of industrial disputes and for a certain other benefits. ... Bank Ltd., 1989 UPLBEC 144 (All) and made it plain that the provision of Section 2(oo)(bb) of the Central Industrial Dispuutes#HL_....
2023 0 Supreme(Guj) 771 • India - Gujarat
N. V. ANJARIA, J. C. DOSHI
Fact of the Case: The appellant, a nurse, raised an industrial dispute after her services were terminated. ... The court found that the legal heirs were not responsible to satisfy the liability arising out of the breach of provisions of the ... Issues: The main issue was whether the legal heirs of the deceased employer were liable to pay the compensation to the appellant ... The industrial dispute was raised by her, which culmina....
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