S.33C Industrial Disputes Act Is For Execution Of Award, Labour Court Can't Enter Adjudicatory Process To Decide Disputed Facts: Gujarat High Court
2 years, 9 months ago

S.33C Industrial Disputes Act Is For Execution Of Award, Labour Court Can't Enter Adjudicatory Process To Decide Disputed Facts: Gujarat High Court

Live Law  

The Gujarat High Court has made it clear that Section 33C of the Industrial Disputes Act, 1947, is for the purpose of execution of the award or dealing with the pre-existing right or benefit arising out of the settlement of a workman against his employer. The same does not make way for a Labour Court to enter into an adjudicatory process, giving a finding on disputed facts between. The same does not make way for a Labour Court to enter into an adjudicatory process, giving a finding on disputed facts between the parties. The Bench comprising Justice AY Kogje was hearing a challenge to a Labour Court's order directing the Petitioner-organisation to pay full wages to the respondent-workman from 2006-2013.

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History of this topic

Labour Court Cannot Grant Monetary Relief Without Pre-existing Entitlement: Bombay HC Clarifies Scope Of Recovery Under Section 33C(2), Industrial Disputes Act
1 week, 1 day ago

Labour Court Cannot Grant Monetary Relief Without Pre-existing Entitlement: Bombay HC Clarifies Scope Of Recovery Under Section 33C(2), Industrial Disputes Act

Live Law  

Bombay High Court: A Single Judge Bench of Justice R.I. Chagla ruled that claims under Section 33C of the Industrial Disputes Act must be supported by clear entitlements arising from statute, contract, or custom. Receiving no favorable response again, Intwala filed an application under Section 33C of the Industrial Disputes Act, 1947 seeking recovery of Rs. Representing Casby Logistics, Mr. …

Industrial Disputes Act | Gujarat HC Quashes Order Referring Alleged Dispute Between Company & Foreign Personal Assistant To Labour Court
3 weeks, 3 days ago

Industrial Disputes Act | Gujarat HC Quashes Order Referring Alleged Dispute Between Company & Foreign Personal Assistant To Labour Court

Live Law  

Quashing an order referring to the labour court an alleged dispute between a company and a female foreign national employed as a personal assistant–who had also levelled rape allegations, the Gujarat High Court said that there was no application of mind regarding a "prima facie opinion" on if an industrial dispute existed. Observing that the assistant labour commissioner's order was …

Labour Court's Jurisdiction Under Section 33(C)(2) Limited to Executing Pre-existing Rights, Not Determining New Claims: Gujarat HC
1 month, 3 weeks ago

Labour Court's Jurisdiction Under Section 33(C)(2) Limited to Executing Pre-existing Rights, Not Determining New Claims: Gujarat HC

Live Law  

Gujarat High Court: A Single Judge Bench of Justice M.K. Thakker upheld the Labour Court's rejection of a recovery application under Section 33 of the Industrial Disputes Act, 1947. It explained that Labour Courts cannot adjudicate new claims under Section 33, as their jurisdiction is similar to that of an executing court. Arguments Jayanti Parmar argued that the Labour Court …

Workers' Claims For Layoff Period Dues Under Industrial Disputes Act Cannot Be Decided By Adjudicating Authority: NCLAT
2 months, 2 weeks ago

Workers' Claims For Layoff Period Dues Under Industrial Disputes Act Cannot Be Decided By Adjudicating Authority: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan, Mr. Barun Mitra and Mr. Arun Baroka has held that non-computation of salary after lay off by the Resolution Professional cannot be faulted with since the Resolution Professional has no adjudicatory jurisdiction and the Adjudicating Authority has rightly observed that whether the Workers are entitled to claim their dues for the …

Can Only Invoke Section 33C(2), ID Act, For Computation Of Pre-Existing Benefits; Not To Decide New Issues: P&H HC
3 months, 1 week ago

Can Only Invoke Section 33C(2), ID Act, For Computation Of Pre-Existing Benefits; Not To Decide New Issues: P&H HC

Live Law  

Punjab and Haryana High Court: A single judge bench consisting of Justice Jagmohan Bansal struck down the order of the Labour Court that ordered payment of overtime wages to a pump operator. The High Court held that the Labour Court was not competent to decide such claims, as Section 33C only applies for the computation of pre-existing benefits; it cannot …

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court
8 months ago

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court recently held that the scope of an appeal against an award passed under the Employees Compensation Act is significantly limited, being permissible only if a substantial question of law is involved. The observation made by Justice Wani was based on a reading of Section 30 of the Employees Compensation Act which outlines …

Telangana HC dismisses Tata Boeing Aerospace petition against workmen
9 months, 2 weeks ago

Telangana HC dismisses Tata Boeing Aerospace petition against workmen

Deccan Chronicle  

Hyderabad: The Telangana High Court made it clear that recording of fresh evidence or material by the labour court or industrial tribunal after holding the domestic enquiry cannot be held as invalid. Justice T. Madhavi Devi was dealing with a petition filed by Tata Boeing Aerospace Ltd of Adibatla, which challenged the decision of labour court-1, Hyderabad in an industrial …

When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates
10 months, 3 weeks ago

When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates

Live Law  

A single bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a Writ Petition in the case of AIIMS vs Ashok Kumar has held that when the termination is found to be illegal, grant of reinstatement with full back wages has to be provided as per the facts and circumstances of each case and shall …

ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court
10 months, 3 weeks ago

ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court

Live Law  

The Karnataka High Court single bench of Justice Shivashankar Amarannavar held that the right to claim interest could be considered a pre-existing right or benefit only if explicitly determined in the contract of employment or in the resolutions governing service conditions. Furthermore, the bench held that an application under Section 33C of the Industrial Disputes Act, 1947 in the Labour …

Labour & Service Weekly Round-Up: 22nd April to 28th April 2024
10 months, 3 weeks ago

Labour & Service Weekly Round-Up: 22nd April to 28th April 2024

Live Law  

Allahabad High Court Industrial Disputes Act | Labour Court Has Ample Power To Examine Correctness Of Finding Of Inquiry Officer In Discharge Or Dismissal Order: Allahabad High Court Case Title: Charan Pal Singh vs. Presiding Officer Labour Court Second Up Ghaziabad And Another 2024 LiveLaw 264 Case Citation: 2024 LiveLaw 264 The Allahabad High Court single bench of Justice Dinesh …

Dismissal Of Workman During Pendency Of Industrial Dispute Without Tribunal's Approval Is Void, Karnataka High Court Orders Reinstatement Of Workman
11 months ago

Dismissal Of Workman During Pendency Of Industrial Dispute Without Tribunal's Approval Is Void, Karnataka High Court Orders Reinstatement Of Workman

Live Law  

The Karnataka High Court single-judge bench of Justice Shivshankar Amarannavar held that when an industrial dispute is pending in an adjudicatory body, the employer must seek approval from the Tribunal for the dismissal of the worker, as mandated by Section 33 of the Industrial Disputes Act. The Management argued that the Workman remained silent for six years following the dismissal …

Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court
11 months ago

Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court

Live Law  

The High Court of Karnataka single bench of Mrs Justice K.S Hemalekha held that persons carrying managerial and supervisory responsibilities do not fall within the scope of 'workman', as defined under Section 2 of the Industrial Disputes Act. The question before the labour court was whether she would be a 'workman' within the scope of Section 2 of the Industrial …

Arbitrator's Finding Based On Proper Appreciation And Interpretation Of Prevalent Conditions: Gujarat High Court Dismisses Section 37 Appeal
11 months, 3 weeks ago

Arbitrator's Finding Based On Proper Appreciation And Interpretation Of Prevalent Conditions: Gujarat High Court Dismisses Section 37 Appeal

Live Law  

The Gujarat High Court division bench of Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee dismissed appeal under Section 37 of the Arbitration and Conciliation Act, 1996 noting that arbitrator's finding was based upon the proper appreciation and interpretation of the prevalent conditions and the site inspection along with the documents on record. While the Arbitrator allowed only three …

Industrial Disputes Act | Project Leader Can't Be Implied To Be Doing Clerical, Manual Or Technical Work: Karnataka HC Sets Aside Labour Court Order
1 year, 1 month ago

Industrial Disputes Act | Project Leader Can't Be Implied To Be Doing Clerical, Manual Or Technical Work: Karnataka HC Sets Aside Labour Court Order

Live Law  

The Karnataka High Court has said that an employee working as a project lead in an Information Technology Services and Consulting company, would not come in any of the classifications envisaged under Section 2 of the Industrial Disputes Act and the Labour Court has no jurisdiction to order his reinstatement. A single judge bench of Justice K S Hemalekha allowed …

Labour Commissioner Competent To Review Ex-Parte Awards Passed Under Workmen's Compensation Act: J&K High Court
1 year, 2 months ago

Labour Commissioner Competent To Review Ex-Parte Awards Passed Under Workmen's Compensation Act: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently held that a Labour Commissioner is competent to review his ex-parte orders, while hearing an application to set aside such ex-parte award. A bench of Justice M.A Chowdhary clarified that given the applicability of Order IX Rule 13 of the Code of Civil Procedure, as provided under Rule 31 of …

Long Service In Industrial Establishment Should Ordinarily Be Recognized As Advantageous To Workman: Karnataka High Court
1 year, 3 months ago

Long Service In Industrial Establishment Should Ordinarily Be Recognized As Advantageous To Workman: Karnataka High Court

Live Law  

The Karnataka High Court has dismissed an appeal challenging a Labour Court award, whereby an employee dismissed from service due to intermittent absence from work for attending to ailing relatives was ordered to be reinstated. While dismissing the appeal, which was filed against the order of a Single Judge of the court that confirmed the award, the division bench of …

S.25FFF ID Act | Enterprise Shutting Due To Financial Difficulties Not 'Unavoidable Circumstance' To Deny Retrenchment Compensation: J&K High Court
1 year, 4 months ago

S.25FFF ID Act | Enterprise Shutting Due To Financial Difficulties Not 'Unavoidable Circumstance' To Deny Retrenchment Compensation: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that the closure of an enterprise due to financial difficulties cannot be deemed an "unavoidable circumstance" under Section 25-FFF of the Industrial Disputes Act, thereby reinforcing the entitlement of employees to retrenchment compensation. Citing the explanation to Section 25-FFF of the Industrial Disputes Act, Justice Wasim Sadiq Nargal observed, “.where …

Appeal From Workmen's Compensation Commission Can Be Entertained Only If There Is A Substantial Question Of Law : Supreme Court
1 year, 6 months ago

Appeal From Workmen's Compensation Commission Can Be Entertained Only If There Is A Substantial Question Of Law : Supreme Court

Live Law  

The Supreme Court observed that an appeal from an order of Workmen’s Compensation Commissioner can be entertained only if there exists a substantial question of law to be considered/The bench of Justices Abhay S Oka and Sanjay Karol observed that the Workmen’s Compensation Commissioner is the last authority on facts.In this case, the High Court of Gujarat at Ahmedabad set …

Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court
1 year, 7 months ago

Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has recently ruled that even if an employer corporation does not explicitly issue a termination order, its behaviour of not assigning work to an employee while doing so for others can still be considered as retrenchment under the Industrial Disputes Act of 1947. “.Retrenchment as it stood at the relevant time, termination …

Employee Can't Challenge Departmental Enquiry Findings 'On Grounds Of Adequacy Or Reliability' Under Article 226: Delhi High Court
2 years, 2 months ago

Employee Can't Challenge Departmental Enquiry Findings 'On Grounds Of Adequacy Or Reliability' Under Article 226: Delhi High Court

Live Law  

The Delhi High Court has said that findings of departmental authorities in disciplinary proceedings cannot be challenged by the employee under Article 226 of the Constitution of India, on the grounds of adequacy or reliability. The court was dealing with a writ petition filed by a bank employee, who was dismissed from service in 1995 for misconduct and fraud after …

Supreme Court Annual Digest 2022- Labour Law
2 years, 2 months ago

Supreme Court Annual Digest 2022- Labour Law

Live Law  

Bonded Labour System Act, 1976; Sections 16-17- For attracting the provision of Section 16 of the Act, the prosecution must establish that an accused has forced and compelled the victim to render bonded labour. Oil and Natural Gas Corporation Ltd. v. President, Oil Field Employees Association, 2022 LiveLaw 176 : 2022 SCALE 861 Industrial Disputes Act, 1947 - Section 33C …

Reinstatement A Normal Course When S.25(F) ID Act Is Violated, Not Compensation: Gujarat HC Grants Relief To State-Employed Sweeper
2 years, 7 months ago

Reinstatement A Normal Course When S.25(F) ID Act Is Violated, Not Compensation: Gujarat HC Grants Relief To State-Employed Sweeper

Live Law  

In a recent order, the Gujarat High Court has held that the benefits of reinstatement would be a 'normal course' that ought to follow once there is a violative of Section 25 under the Industrial Disputes Act. Justice Biren Vaishnav stated: "Having therefore found that the Labour Court having positively held that there was violation of Sec.25 of the Act, …

Workman Who Consents For Contractual Engagement Can't Turn Around & Seek Benefit U/S 25F Of Industrial Disputes Act: Gujarat High Court
2 years, 7 months ago

Workman Who Consents For Contractual Engagement Can't Turn Around & Seek Benefit U/S 25F Of Industrial Disputes Act: Gujarat High Court

Live Law  

The Gujarat High Court has reiterated that when there is a specific condition provided in the consent letter of employment that the appointment is on contract basis, then such workman cannot claim any benefit by contending that the Respondent establishment had breached Section 25 of the Industrial Disputes Act. The Petitioner, claiming to be sexually harassed by her immediate superior, …

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC
2 years, 7 months ago

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC

Live Law  

The Gujarat High Court has reiterated that once a Labour Court comes to the conclusion that Sections 25F, G and H of the Industrial Disputes Act have been violated, reinstatement of workman ought to follow. The Bench comprising Justice Biren Vaishnav was hearing several petitions challenging the Labour Court's order wherein compensation of Rs. Reference was made to Gauri Shanker …

Gujarat High Court Weekly Round Up: August 1 - August 7, 2022
2 years, 7 months ago

Gujarat High Court Weekly Round Up: August 1 - August 7, 2022

Live Law  

NOMINAL INDEX Judgments/Orders of the week Cases Of Civil Nature Can Be 'Quashed' In Interest Of Justice: Gujarat High Court Reiterates Distinction B/w Sections 320 & 482 CrPC Case Title. S.173 CrPC | Power Of Further Investigation Available Upto "Pre-Trial Stage" & Not Beyond That: Gujarat High Court Case Title: Poonam Madha Parmar v. State Of Gujarat Citation: 2022 LiveLaw …

Workmen Challenging Their Alleged Termination Can Be Directed To Deposit Ex-Gratia Compensation Until Final Disposal: Gujarat High Court
2 years, 7 months ago

Workmen Challenging Their Alleged Termination Can Be Directed To Deposit Ex-Gratia Compensation Until Final Disposal: Gujarat High Court

Live Law  

The Gujarat High Court has held that where the disengagement of workmen by an employer is under dispute, the former claiming illegal termination and the latter asserting voluntary resignation arrangement, the Labour Court may direct deposit of ex-gratia amount in the interim.Justice Biren Vaishnav thus upheld a Labour Court's decision directing the workmen to deposit the ex-gratia amount. The Gujarat …

Industrial Disputes Act Is Social Welfare Legislation: Gujarat High Court Directs Labour Court To Re-Examine Order Refusing 'Interest' To Workers
2 years, 8 months ago

Industrial Disputes Act Is Social Welfare Legislation: Gujarat High Court Directs Labour Court To Re-Examine Order Refusing 'Interest' To Workers

Live Law  

While reiterating that Courts have a duty to interpret statutes with social welfare to further the statutory goal, the Gujarat High Court has directed the Labour Court at Jamnagar to re-examine the issue of awarding interest to the Petitioner workmen. Justice Biren Vaishnav had taken up both Special Civil Applications for the final hearing and relied extensively on Manager, Naaz …

Can't Maintain Proceedings U/S 34 Arbitration Act Before Two Fora: Gujarat High Court
2 years, 8 months ago

Can't Maintain Proceedings U/S 34 Arbitration Act Before Two Fora: Gujarat High Court

Live Law  

The Gujarat High Court, while dismissing the Civil Application of the Petitioner which challenged the award of the relevant arbitration, has observed that the Petitioner had 'conveniently' initiated two proceedings- one before the instant Bench and another before the District Court under Sec 34. The brief facts of the case were that the Petitioner had challenged the order of the …

Court Can't Decide Disputed Questions Of Facts U/S 11(6) Arbitration Act, Question Of Arbitrability Can Be Examined By Arbitral Tribunal: Gujarat HC
2 years, 9 months ago

Court Can't Decide Disputed Questions Of Facts U/S 11(6) Arbitration Act, Question Of Arbitrability Can Be Examined By Arbitral Tribunal: Gujarat HC

Live Law  

High Court cannot decide disputed questions of facts in a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of arbitrator, the Gujarat High Court has held.The Bench comprising Chief Justice Aravind Kumar observed, "All these issues including arbitrability can be examined by the Arbitral Tribunal itself. High Court cannot decide disputed questions of …

Labour Court Has No Jurisdiction To Adjudicate Workman's Claim U/S 33C(2) ID Act In An Undetermined Claim: Karnataka High Court
2 years, 10 months ago

Labour Court Has No Jurisdiction To Adjudicate Workman's Claim U/S 33C(2) ID Act In An Undetermined Claim: Karnataka High Court

Live Law  

The Karnataka High Court has said that a workman who claims compensation due to injuries suffered during the course of employment, his claims under the Employees Compensation Act 1923, would lie before the Employees Compensation Commissioner and not before the Labour Court. The respondent preferred claim petition before the Labour Court Mangaluru under Section 33C of the Industrial Dispute Act, …

Gujarat High Court Weekly Round Up: April 18 To April 24, 2022
2 years, 11 months ago

Gujarat High Court Weekly Round Up: April 18 To April 24, 2022

Live Law  

NOMINAL INDEX Bhavinkumar Kantilal Gajera vs State Of Gujarat 2022 LiveLaw 130 Maheshbhai Govindbhai Patel vs Mother Dairy Fruit And Vegetable Pvt Ltd 2022 LiveLaw 131 Rameshbhai Dhulabhai Katara Versus State Of Gujarat 2022 LiveLaw 132 Priteshkumar Bipinbhai Dave vs State Of Gujarat 2022 LiveLaw 133 Sardar Patel Seva Trust Versus The Regional Provident Fund Commissioner II 2022 LiveLaw 134 …

S.17B ID Act | Employer Liable To Pay Wages To Workman During Pendency Of Appeal Against Labour Court's Order Of Reinstatement: Gujarat High Court
2 years, 11 months ago

S.17B ID Act | Employer Liable To Pay Wages To Workman During Pendency Of Appeal Against Labour Court's Order Of Reinstatement: Gujarat High Court

Live Law  

The Gujarat High Court has reiterated that when a Labour Court directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court, the employer is be liable to pay such workman during the period of pendency of such proceedings in the High Court. Referring to Section 17B of the Industrial Disputes Act, the …

Regional Labour Commissioner Cannot Exercise Adjudicatory Powers In Proceedings Under Sec. 33(1) Of Industrial Disputes Act: Delhi High Court
3 years ago

Regional Labour Commissioner Cannot Exercise Adjudicatory Powers In Proceedings Under Sec. 33(1) Of Industrial Disputes Act: Delhi High Court

Live Law  

The Delhi High Court has observed that the Regional Labour Commissioner has limited powers in proceedings under sec. 33C of the Industrial Disputes Act, 1947 and cannot exercise adjudicatory powers to ascertain whether the benefits claimed were due in the first place or not. The claim of MACP/ACP benefits was allowed by the Regional Labour Commissioner under Section 33C of …

240 Days Of Work Essential In Preceding Year Of Termination: Gujarat High Court Denies Relief U/S 25F Of ID Act
3 years ago

240 Days Of Work Essential In Preceding Year Of Termination: Gujarat High Court Denies Relief U/S 25F Of ID Act

Live Law  

The Gujarat High Court has affirmed the order of the Labour Court determining that the Petitioner-workman was not entitled to reinstatement on the ground that there was discrepancy in his deposition and the documents produced by him. The Petitioner contested that the Labour Court had erred in concluding that the Petitioner had not completed 240 days of continuous service in …

Labour Court Cannot Arrogate To Itself Functions of An Industrial Tribunal U/S 33C(2) of ID Act: Gujarat High Court
3 years ago

Labour Court Cannot Arrogate To Itself Functions of An Industrial Tribunal U/S 33C(2) of ID Act: Gujarat High Court

Live Law  

"It is held that the workmen can proceed under Section 33C of the I.D.Act only after the Tribunal has adjudicated on a complaint under section 33A or on a reference under section 10 of the I.D. The Labour Court, subsequently, awarded INR 1,29,034 as differential amount of wages under Section 33C. Judgement The Bench identified the primary issue worth consideration …

Violation Of Retrenchment Conditions U/s 25F Industrial Disputes Act Would Not Automatically Entail Reinstatement With Full Back-wages: Supreme Court
3 years, 8 months ago

Violation Of Retrenchment Conditions U/s 25F Industrial Disputes Act Would Not Automatically Entail Reinstatement With Full Back-wages: Supreme Court

Live Law  

The Supreme Court observed that the violation of Section 25F of the Industrial Disputes Act, 1947, would not automatically entail in the reinstatement with full back wages.In this case, one Panchamlal Yadav challenged the action of the management of Bundelkhand Kshatriya Gramin Bank, in terminating his services before the Central Government Industrial Tribunal. The Supreme Court observed that the violation …

Labour Court & Industrial Tribunal Working Together On Different Days In A Single Room: Allahabad High Court Seeks State's Response
4 years, 3 months ago

Labour Court & Industrial Tribunal Working Together On Different Days In A Single Room: Allahabad High Court Seeks State's Response

Live Law  

The Bench of Justice J. J. Munir took note of the condition of the Labour Court, U.P., Gorakhpur as the Presiding Officer, Labour Court, U.P., Gorakhpur, submitted a report revealing "a very disturbing state of affairs about organization/function/infrastructure for dispensation of justice under the Industrial Disputes Act." In compliance with the said order, Dhirendra Pratap Singh, Presiding Officer, Labour Court, …

Delhi HC Refuses To Provide Relief To Retrenched PTI Employees, Says Avail Remedy Under Industrial Disputes Act [Read Judgment]
4 years, 6 months ago

Delhi HC Refuses To Provide Relief To Retrenched PTI Employees, Says Avail Remedy Under Industrial Disputes Act [Read Judgment]

Live Law  

Delhi High Court has refused to quash the retrenchment order passed against 297 employees of the Press Trust of India by noting that the employees should rather seek statutory relief under the Industrial Disputes Act. It was further argued that the retrenched employees are 'workmen' within the meaning of Section 2 of Industrial Disputes Act, and PTI is a 'factory' …

Gujarat Public Works Contract Disputes Arbitration Tribunal Can Pass Interim Orders U/s 17 Arbitration & Conciliation Act: SC [Read Judgment]
5 years, 2 months ago

Gujarat Public Works Contract Disputes Arbitration Tribunal Can Pass Interim Orders U/s 17 Arbitration & Conciliation Act: SC [Read Judgment]

Live Law  

The Supreme Court has held that Gujarat Public Works Contract Disputes Arbitration Tribunal has jurisdiction to make interim orders in terms of Section 17 of the Arbitration and Conciliation Act, 1996 The Tribunal is constituted under Section 3 of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992. In this case, the the Tribunal held that it can only …

Section 33(2)(b) ID Act- SC Explains Scope Of Enquiry By Labour Court While Granting/Refusing Approval For Discharge/Dismissal Of Workman [Read Judgment]
5 years, 5 months ago

Section 33(2)(b) ID Act- SC Explains Scope Of Enquiry By Labour Court While Granting/Refusing Approval For Discharge/Dismissal Of Workman [Read Judgment]

Live Law  

The Supreme Court has observed that a Labour Court or Tribunal while holding enquiry under Section 33 of the Industrial Disputes Act cannot invoke the adjudicatory powers vested in them under Section 10 and of the Act. Where the Labour Court/Tribunal, thus, do not find the domestic enquiry defective and the principles of fair and just play have been adhered …

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