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Junagadh District Coop Bank Ltd vs Gujarat Bank Workers Union & on 21 December, 2013

4.3 On the other hand, learned advocate Mr. D. S. Vasavada relied on section 193D of the B.I.R. Act and submitted that Application below Exh.13 was maintainable and competent before the Industrial Court and it was open to the Union to seek interim order in the pending reference. It was submitted the order is interlocutory in nature. Learned advocate for the respondent relied on the decision in Gyan Mandir Society and Anr. vs. Ashok Kumar and Ors. (2010 AIR SCW 1550) and Maharashtra General Kamgar Union vs. IIac Limited & Anr. (2006 II CLR 550), in support of his contentions.
Gujarat High Court Cites 9 - Cited by 0 - N V Anjaria - Full Document

Bhagwan Who Is Assistant ... vs Government Of Nct Of Delhi on 17 February, 2007

In the case of Maharastra General Kamgar Union Vs. Indian Gum Industrial Ltd. And 14 ID No. 303/2001 ID No. 42/2003 ID No. 43/2003 others reported as 2000 (86) FLR 533, it was held that "To enforce the right under Chapter VB of the Industrial Disputes Act, the initial burden to prove the foundational facts lies on the Union or the workmen challenging the action of the employer as violative of any of the provisions under the said Chapter V-B of the Act. Merely saying that the entire record is with the employer does not satisfy the elementary principles of pleadings. A suitable application can always be made to the Court for a direction to the employer to produce such record and to take inspection of such documents to prove the fact. It is the primary duty of the Union to bring on record the relevant facts and material to succeed on the law point."
Delhi District Court Cites 4 - Cited by 0 - Full Document

In The Matters Of vs Government Of Nct Of Delhi 2 on 17 February, 2007

In the case of Maharastra General Kamgar Union Vs. Indian Gum Industrial Ltd. And others reported as 2000 (86) FLR 533, it was held that "To enforce the right under Chapter VB of the Industrial Disputes Act, the initial burden to prove the foundational facts lies on the Union or the workmen challenging the action of the employer as violative of any of the provisions under the said Chapter V-B of the Act. Merely saying that the entire record is with the employer does not satisfy the elementary principles of pleadings. A suitable application can always be made to the Court for a direction to the employer to produce such record and to take inspection of such documents to prove the fact. It is the primary duty of the Union to bring on record the relevant facts and material to succeed on the law point."
Delhi District Court Cites 6 - Cited by 0 - Full Document

In The Matters Of vs Government Of Nct Of Delhi 2 on 17 February, 2007

In the case of Maharastra General Kamgar Union Vs. Indian Gum Industrial Ltd. And others reported as 2000 (86) FLR 533, it was held that "To enforce the right under Chapter VB of the Industrial Disputes Act, the initial burden to prove the foundational facts lies on the Union or the workmen challenging the action of the employer as violative of any of the provisions under the said Chapter V-B of the Act. Merely saying that the entire record is with the employer does not satisfy the elementary principles of pleadings. A suitable application can always be made to the Court for a direction to the employer to produce such record and to take inspection of such documents to prove the fact. It is the primary duty of the Union to bring on record the relevant facts and material to succeed on the law point."
Delhi District Court Cites 6 - Cited by 0 - Full Document
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