section 39 industrial disputes act explanation

Management Of Belal Biri Factory (P) Ltd. , Deoghar VS Union Of India - 15 Apr 77

India - Patna

. 2A-Section 2A of Beedi & Cigar Workers (Conditions of Employment) Act is in the nature of explanation to Section 2 (k) of the Industrial ... , Sec. 31 (2) & (3), 36 (1) & (2)-Industrial Disputes Act, Sec. 10 (1) Section 39 (1) of Beedi and Cigar Workers Act makes Industrial ... Disputes Act applicable in matters arising in every industrial premises -Sub-section (2) of Section 39 of Beedi & Cigar Workers ... Firstly, S. 39 (1) of the Beedi Act expressly lays down that the provisions of the Industrial Disputes Act, 1947 shall apply to matters ... as enumerated in sub-sec. (2) (b) of S. 39 which may not, strictly speaking, be covered by the provisions of the Industrial Disputes ... Act, and sub-section (6) of S. 26 of the Bihar Act which lays down that the decision of the prescribed authority shall be final

MURALIDHARAN K. VS MANAGEMENT OF M/S CIRCLE FREIGHT INTL. (INDIA) P. LTD. - 30 Apr 07

India - Delhi

Industrial Disputes Act, 1947 ... Section 10 - Termination of services ... [Paras 27, 33, 34, 36, 38 & 39] ... - Advance taken in lieu of expenses for work - Submission of falsified voucher- Termination after seeking explanation - Appointment ... 2s of the Industrial Disputes Act, 1947. ... 2 (s) of the industrial Disputes Act, 1947. ... 2s of the Industrial Disputes Act, 1947.

Employees State Insurance Corporation VS Texmo Industries - 08 Mar 21

India - Supreme Court

Constitution of India, 1950 - Article 136 - Employee State Insurance Act, 1948 - Section 5, 2(22), 39 , ... referred to as ‘ID Act” - Travelling Allowance is also not defined in ID Act - There is no provision in ESI Act or in ID Act, which ... 2(22) of said Act - Expression “Travelling Allowance” has not been defined in ESI Act - Under Section 2(24) of ESI Act all words ... 39 of the ESI Act. ... to them under the Industrial Disputes Act, 1947, hereinafter referred to as the ‘ID Act”. ... Travelling Allowance is also not defined in the ID Act.

Koh-I-Noor Tabacco Products Pvt. Ltd. . , through its authorised Agent VS Presiding Officer, Second Labour Court,Nagpur & others - 08 Feb 85

India - Bombay

39 of the Bonus Act is taken away by reason of section 22 of the Bonus Act. ... PAYMENT OF BONUS ACT - SCOPE AND AMBIT OF SECTION 22 - APPLICABILITY OF SECTION 33-C(2) OF THE INDUSTRIAL DISPUTES ACT, 1947 - ... Application under section 33-C(2) of the ID Act for claiming minimum bonus under section 10 of the Bonus act is maintainable under ... 39 of the Bonus Act is taken away by reason of section 22 of the Bonus Act. ... Now Explanation to section 21 can make difference. ... It is apparent that either the provisions of section 19, explanation of section 21 or section 34 of the Bonus Act were not presented

Jayesh Dayaram Bhoir VS State of Maharashtra - 11 Jun 12

India - Bombay

Act, 1949 - Writ petition against Municipal Corpn. ... ... Bombay Provincial Municipal Corporation Act (59 of 1949) - See Constitution ... 25 FF of the Industrial Disputes Act, 1947. ... The learned Counsel further invited our attention to the provisions of Section 25 F and 25 FF of the Industrial Disputes Act, 1947 ... short, "MRTU & PULP Act") and also under the Industrial Disputes Act, 1947, in our opinion, that is not a question which is raised

Sabarkantha District Panchayat Through Deputy Executive VS Somaji Kankaji Damor - 07 Mar 11

India - Gujarat

When order of termination is found to be violative of Section 25F of ID Act, 1947, then, such termination is void ab initio and then ... Head Note : ... Industrial Disputes Act, 1947 (Central Act 14 of 1947 ... 25F, G and H of ID Act, 1947, then, relief of reinstatement must have to be granted and in lieu thereof, no compensation can be ... under Section 10 of the Industrial Disputes Act. ... 25F of ID Act, 1947 and in such circumstances, when petitioner has not followed Section 25F of ID Act,1947 while terminating services ... the ID Act .

Jayesh Dayaram Bhoir VS State of Maharashtra - 11 Jun 12

India - Bombay

The court also found that the appointments were made without following the mandate of Section 54 of the BPMC Act, 1949 and were also ... in Chapter III Schedule D of the Act for the appointment of certain Municipal Officers and servants. ... The court found that the respondent No. 2 had not followed the relevant provisions of the BPMC Act, 1949 and the procedure laid down ... 25 FF of the Industrial Disputes Act, 1947. ... The learned Counsel further invited our attention to the provisions of Section 25 F and 25 FF of the Industrial Disputes Act, 1947 ... short, "MRTU & PULP Act") and also under the Industrial Disputes Act, 1947, in our opinion, that is not a question which is raised

RUKMUDIN VS STATE OF RAJASTHAN THROUGH PRINCIPAL SECRETARY TO LABOUR DEPARTMENT, SECRETARIAT, JAIPUR - 16 Jul 18

India - Rajasthan

TRADE UNION REGISTRATION - TRADE UNION ACT, 1926 - SECTION 9-A, SECTION 11 - REGISTRATION OF TRADE UNION - DELAY IN DECISION - ... The refusal of registration must be challenged by the party-union concerned by filing an appeal under Section 11 of the Act. ... The court observed that the respondent had not provided any satisfactory explanation for the delay and that the petitioner-union ... 25-T and 25-U of the Industrial Disputes Act, 1947 however, the same was not entertained by the Labour Court. ... The refusal of registration has to be challenged by the party-union concerned by way of filing appeal under Section 11 of the Act ... Disputes Act, 1947.

BRIJESH BHURABHAI SOLANKI VS GUJARAT AYURVEDIC UNIVERSITY - 29 Sep 21

India - Gujarat

Constitution of India,1950 – Article 32 and 226 - Industrial Disputes Act, 1947 - Sections 25F, 25G and ... 25G of the ID Act, question of delay would not arise- Whether any notice or notice pay was issued as no such record is available ... other agency and instead of employed present petitioner, another workman was employed and since there is violation of provisions of Section ... To summarise, although there is no limitation prescribed under the Act for making a reference under Section 10(1) of the ID Act, ... Disputes Act, 1947 (for short “the ID Act”). ... 25-B of the Industrial Disputes Act, 1947 .

PFIZER LTD VS STATE OF U. P. - 26 Mar 10

India - Allahabad

(A) Industrial Disputes Act, 1947—Sections 2(s) and 2(s) Explanation (iv)—U.P. ... Industrial Disputes Act, 1947—Sections 2(s) and 2(z) Explanation (iv)—‘R’ employed on post of “Sales Promotion Employee” in appellant ... Industrial Disputes Act, 1947—Section 6(2-A)—Award by Tribunal—Setting aside termination and directing reinstatement with full back ... Industrial Disputes Act in the light of Section 6(2) of 1976 Act. ... After taking into consideration Section 6(2) of 1976 Act, it observed that on and from 6.3.1976, the provisions of Industrial Disputes ... have the remedy under the Industrial Disputes Act.

Dal Singar VS Material Movement Pvt. Ltd. - 17 Jul 18

India - Delhi

The respondent further contended that the requisite sixty days’ notice of closure, contemplated by Section 25-FFA of the ID Act, ... The court further held that the workers were entitled to compensation under Section 25 FFF(1) of the Industrial Disputes Act, 1947 ... The court further held that the workers were entitled to compensation under Section 25 FFF(1) of the Industrial Disputes Act, 1947 ... Section 25 FFA, and sub-section (1) of Section 25 FFF, of the Industrial Disputes Act, 1947 (hereinafter referred to as “the ID Act ... (1) of Section 25 FFF of the ID Act. ... 25-FFF(1) of the ID Act, ... (c) the illustrations contained in the explanation below Section 25-FFF(1) were sufficiently

Municipal Corporation, Jabalpur VS Presiding Officer, Labour Court, Jabalpur - 10 Oct 17

India - Madhya Pradesh

BURDEN OF PROOF - Industrial Dispute Act, 1947 - Section 25-F - The burden of proof lies on the workmen to prove their case. ... under the Industrial Dispute Act for raising a dispute. ... DELAY - Industrial Dispute Act, 1947 - No limitation for raising dispute - The court held that there is no limitation ... To summarise, although there is no limitation prescribed under the Act for making a reference under Section 10(1) of the ID Act, ... 25-B of the Industrial Disputes Act. ... are not applicable to proceedings under the ID Act.

M. Sridhar VS Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd. - 22 Dec 17

India - Madras

Constitution of India, 1950 - Articles 226, 14, 15, 16 - Industrial Disputes Act, 1947 - Sections 2-A, 10 ... - Motor Vehicles Act - Section 173 - Transfer Certificate - Transport Corporation - He was issued with a Transfer Certificate - ... Bogus Educational Certificate at time of appointment and he was directed to file his objections within Hours - On he submitted his explanation ... 2(k) or Section 2-A of the Industrial Disputes Act, 1947. ... disputes within the meaning of Section 2(k) and Section 2-A of Industrial Disputes Act or where such enactment says that such dispute ... Under Section 2-A of the Industrial Disputes Act, 1947, a remedy is available only when a workman is dismissed, discharged or terminated

Mahipatsing Jorubha Chudasama VS Deputy Executive Engineer - 12 Jan 22

India - Gujarat

Industrial Disputes Act, 1947 - Section 25F - Industrial Dispute - Illegally Terminated - It is alleged ... by petitioners that they were illegally terminated without any procedure, as envisaged in Section 25F of the Industrial Disputes ... industrial adjudication is that very stale claims should not be generally encouraged or allowed inasmuch as unless there is satisfactory explanation ... To summarise, although there is no limitation prescribed under the Act for making a reference under Section 10(1) of the ID Act, ... 25F of the Industrial Disputes Act, 1947 (I.D. ... are not applicable to proceedings under the ID Act.

Bhupendrabhai Tarachand Lodha VS Ahmedabad Municipal Corporation - 29 Sep 21

India - Gujarat

Constitution of India, 1950 - Articles 32 and 226 - Industrial Disputes Act, 1947 - Section 25(F), 10(1) ... industrial adjudication is that very stale claims should not be generally encouraged or allowed inasmuch as unless there is satisfactory explanation ... delay comes in way of equity - Enormous delay of 15 years in raising dispute will eclipse retrenchment which was in violation of Section ... To summarise, although there is no limitation prescribed under the Act for making a reference under Section 10(1) of the ID Act, ... The petitioner, thereafter, raised industrial dispute and a copy of Form under section 10(1)(c) of Industrial Disputes Act, 1947, ... It is submitted that the Reference could not have been rejected on the day when violation of Section 25(F) of the Industrial Disputes

State of Gujarat VS Presiding Officer - 10 Apr 18

India - Gujarat

Industrial Disputes Act, 1947 - Section 25F, 25G and 25H - Industrial Disputes Rules - Rules 80(a) and 80 ... and order in both the petitions are quashed and set aside subject to the above observations - Ordered accordingly - (Paras 38, 39 ... or other relevant law is applicable to the workman, it goes without saying that the employer will apply Minimum Wages Act or other ... the ID Act. ... 25G and 25H of the ID Act. ... 25- F of the Industrial Disputes Act.

Steel Authority of India Limited, Bokaro VS Presiding Officer, Labour Court, Bokaro - 09 Feb 12

India - Jharkhand

Industrial Disputes Act, 1947. ... Industrial Disputes Act - Jurisdiction - Section 33, Section 33A - The court discussed the application of Section 33 and Section ... 33A of the Industrial Disputes Act, 1947 in the context of a dispute regarding promotion and alteration of service conditions. ... 33A of the Industrial Disputes Act, 1947 in rendering the said Award. ... Section 33 of the Industrial Disputes Act reads as follows : ... S.33.Conditions of service, etc., to remain unchanged ... ... Explanation.

BANARAS HINDU UNIVERSITY VS PRESIDING OFFICER LABOUR COURT - 23 Jan 09

India - Allahabad

Labour Court - Banaras Hindu University - Industrial Disputes Act - Section 25-F, Section 2-A, Section 2(oo)(bb), Section 39, ... The court also discussed the interpretation of the term 'retrenchment' under the Industrial Disputes Act. ... Disputes Act. ... ... In that case the State Government, did not make reference under Section 39 of the Industrial Disputes Act, ... Industrial Disputes Act. ... Industrial Disputes Act, 1947.

Shuddhodhan s/o Dashrath Ganvir VS Member, Industrial Court - 08 Apr 10

India - Bombay

ULP Complaints - Industrial Disputes Act - Section 25H - Summary of Acts and Sections: The court discussed the Industrial Disputes ... It held that the provisions of Section 25H of the Industrial Disputes Act were not attracted. ... Act, Section 25H, and the Bombay Industrial Relations Act. ... Industrial Disputes Act, 1947. Section 2[s] thereof defines retrenchment and it is pari materia with Section 2OO. ... 25H of Industrial Disputes Act. ... 25H was unavailable to them and that no evidence of breach of Section 25H of Industrial Disputes Act has been brought on record

MINAKSHI SHARMA DELHI vs ITO WARD 59(6) DELHI - 09 Apr 25

India - Income Tax Appellate Tribunal

(A) Income Tax Act, 1961 - Sections 39, 144, 148, and 69A - Appeal against addition of unexplained cash deposits - Delay in filing ... appeal condoned due to medical exigencies - Assessee's explanation regarding cash deposits accepted in part, with addition restricted ... ... ... Ratio Decidendi: The court ruled that the explanation provided by the assessee was plausible and emphasized the need for ... No return of income was filed by the assessee u/s. 39 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act').

Searched Results

Management Of Belal Biri Factory (P) Ltd. , Deoghar VS Union Of India - 15 Apr 77

MURALIDHARAN K. VS MANAGEMENT OF M/S CIRCLE FREIGHT INTL. (INDIA) P. LTD. - 30 Apr 07

Employees State Insurance Corporation VS Texmo Industries - 08 Mar 21

Koh-I-Noor Tabacco Products Pvt. Ltd. . , through its authorised Agent VS Presiding Officer, Second Labour Court,Nagpur & others - 08 Feb 85

Jayesh Dayaram Bhoir VS State of Maharashtra - 11 Jun 12

Sabarkantha District Panchayat Through Deputy Executive VS Somaji Kankaji Damor - 07 Mar 11

Jayesh Dayaram Bhoir VS State of Maharashtra - 11 Jun 12

RUKMUDIN VS STATE OF RAJASTHAN THROUGH PRINCIPAL SECRETARY TO LABOUR DEPARTMENT, SECRETARIAT, JAIPUR - 16 Jul 18

BRIJESH BHURABHAI SOLANKI VS GUJARAT AYURVEDIC UNIVERSITY - 29 Sep 21

PFIZER LTD VS STATE OF U. P. - 26 Mar 10

Dal Singar VS Material Movement Pvt. Ltd. - 17 Jul 18

Municipal Corporation, Jabalpur VS Presiding Officer, Labour Court, Jabalpur - 10 Oct 17

M. Sridhar VS Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd. - 22 Dec 17

Mahipatsing Jorubha Chudasama VS Deputy Executive Engineer - 12 Jan 22

Bhupendrabhai Tarachand Lodha VS Ahmedabad Municipal Corporation - 29 Sep 21

State of Gujarat VS Presiding Officer - 10 Apr 18

Steel Authority of India Limited, Bokaro VS Presiding Officer, Labour Court, Bokaro - 09 Feb 12

BANARAS HINDU UNIVERSITY VS PRESIDING OFFICER LABOUR COURT - 23 Jan 09

Shuddhodhan s/o Dashrath Ganvir VS Member, Industrial Court - 08 Apr 10

MINAKSHI SHARMA DELHI vs ITO WARD 59(6) DELHI - 09 Apr 25