Search Results Page

Search Results

1 - 10 of 225 (0.81 seconds)
Documents citing Kapra Mazdoor Ekta Union vs Management Of M/S. Birla Cotton ... on 16 March, 2005

Ganesh Chandra Guha vs The State Of West Bengal & Ors on 3 February, 2023

15. Having heard the learned advocate appearing for the respective parties and having considered the materials on record, I find that the present application has been filed challenging an order by which the learned 1st labour Court had 2 Kapra Mazdoor Ekta Union v. Birla Cotton Spinning and Weaving Mills Ltd. and Another., (2005) 13 SCC 777 3 Chandigarh Administration v. Laxman Roller Flour Mills Pvt. Ltd., (1998) 8 SCC 326 8 refused to recall its order, on the ground that recalling of the order of dismissal for default, shall not improve the case of the petitioner, who was applicant in the said proceedings. I find that the order impugned arise out and in connection with the computation case filed by the petitioner. The computation case relates to a claim arising out and in connection with the claim for payment of pensionary benefits. I find that the 1st Labour Court, West Bengal by an order dated 28th February, 2011 had already decided the entitlement of the petitioner to receive a sum of Rs. 5,56,094/- in connection with a computation case filed by the petitioner under Section 33(C)(2) of the said Act, seeking computation of his claim, in monetary terms, dues to him on account of pension. The respondent no.2 had challenged the said order passed by the 1st Labour Court in a writ application which was registered as WP 8266(W) of 2011. By judgment and order dated 17th January, 2017 a coordinate Bench of this Hon'ble Court while rejecting the challenge, was inter alia, pleased to observe as follows:
Calcutta High Court (Appellete Side) Cites 9 - Cited by 1 - Full Document

The Ahmednagar Mun. Council Ahmednagar vs Pandit Rambhau Ausarkar & Ors on 9 July, 2015

10. It was, in these circumstances, that the Division Bench concluded that the Labour / Industrial Courts do not have the power to entertain a review application against a final decision in a Complaint of unfair labour practices touching the merit of the judgment unless it indicates that the judgment suffers from a procedural defect as is held in paragraph No.19 of the judgment in the Kapra Majdoor Ekta Union Vs. Birla Cotton Spinning and Weaving Mills Ltd., (2005) 13 SCC 777. It was thus concluded that the view taken by the learned Single Judge ( P.V.Kakade , J. )
Bombay High Court Cites 11 - Cited by 7 - R V Ghuge - Full Document

Ahmednagar Municipal Council ... vs Heerabai Shivaji Sapate on 9 July, 2015

10. It was, in these circumstances, that the Division Bench concluded that the Labour / Industrial Courts do not have the power to entertain a review application against a final decision in a Complaint of unfair labour practices touching the merit of the judgment unless it indicates that the judgment suffers from a procedural defect as is held in paragraph No.19 of the judgment in the Kapra Majdoor Ekta Union Vs. Birla Cotton Spinning and Weaving Mills Ltd., (2005) 13 SCC 777. It was thus concluded that the view taken by the learned Single Judge ( P.V.Kakade , J. )
Bombay High Court Cites 11 - Cited by 0 - R V Ghuge - Full Document

Ultra Entertainment Solutions Pvt Ltd vs The Arbitral Tribunal on 28 November, 2013

13. At the first instance, there is no provision to review the award passed by the Arbitral Tribunal on its own. There is no scope under the Act to review its own award even if one of the members of the Tribunal had actively participated inspite of his disability since the party who has suffered an award is required to challenge the same in accordance with law. When the petitioner has not challenged the same by making an application u/s 34, the question of conducting a de nova enquiry by setting aside the award passed by the Tribunal on its own does not arise at all. The decision reported in 2005(13) SCC page 777 in 15 the case of KAPRA MAZDAR EKTA UNION VS. BIRLA COTTON SPINNING & WEAVING LTD. is relied upon to contend that though there is no express provision in Arbitration & Conciliation Act, 1996, to review its own award, by necessary implication it has the power to review its award and thereby allow hold a de nova enquiry. The said decision is clearly distinguishable on facts as the same came to be rendered keeping in mind the scope of Section 17-A of Industrial Disputes Act, 1947. In the present case review is not sought either on the ground of correcting typographical error or correction of some typing or mathematical mistake. It is not the case of the petitioner herein who has suffered an award that interpretation of the award is needed. Review of the award is sought for de nova trial and there is absolutely neither express provision to that effect in the Arbitration & Conciliation Act, 1996 nor it can be done by necessary implication. Such being the case neither review outside the scope of Section 33 is available nor for ordering a de nova trial. Therefore we are of the 16 opinion that the decision is distinguishable on facts and not applicable to this case.
Karnataka High Court Cites 13 - Cited by 0 - Full Document

The Ahmednagar Municipal ... vs Anil Vasantrao Londhe on 9 July, 2015

10. It was, in these circumstances, that the Division Bench concluded that the Labour / Industrial Courts do not have the power to entertain a review application against a final decision in a Complaint of unfair labour practices touching the merit of the judgment unless it indicates that the judgment suffers from a procedural defect as is held in paragraph No.19 of the judgment in the Kapra Majdoor Ekta Union Vs. Birla Cotton Spinning and Weaving Mills Ltd., (2005) 13 SCC 777. It was thus concluded that the view taken by the learned Single Judge ( P.V.Kakade , J. )
Bombay High Court Cites 11 - Cited by 0 - R V Ghuge - Full Document

Ahmednagar Municipal Council ... vs Suman Suresh Berad on 9 July, 2015

10. It was, in these circumstances, that the Division Bench concluded that the Labour / Industrial Courts do not have the power to entertain a review application against a final decision in a Complaint of unfair labour practices touching the merit of the judgment unless it indicates that the judgment suffers from a procedural defect as is held in paragraph No.19 of the judgment in the Kapra Majdoor Ekta Union Vs. Birla Cotton Spinning and Weaving Mills Ltd., (2005) 13 SCC 777. It was thus concluded that the view taken by the learned Single Judge ( P.V.Kakade , J. )
Bombay High Court Cites 11 - Cited by 0 - R V Ghuge - Full Document

Ahmednagar Municipal Council ... vs Heerabai Shivaji Sapate on 9 July, 2015

10. It was, in these circumstances, that the Division Bench concluded that the Labour / Industrial Courts do not have the power to entertain a review application against a final decision in a Complaint of unfair labour practices touching the merit of the judgment unless it indicates that the judgment suffers from a procedural defect as is held in paragraph No.19 of the judgment in the Kapra Majdoor Ekta Union Vs. Birla Cotton Spinning and Weaving Mills Ltd., (2005) 13 SCC 777. It was thus concluded that the view taken by the learned Single Judge ( P.V.Kakade , J. )
Bombay High Court Cites 11 - Cited by 0 - R V Ghuge - Full Document

The Ahmednagar Municipal ... vs Kailas Eknath Fulsaundar on 9 July, 2015

10. It was, in these circumstances, that the Division Bench concluded that the Labour / Industrial Courts do not have the power to entertain a review application against a final decision in a Complaint of unfair labour practices touching the merit of the judgment unless it indicates that the judgment suffers from a procedural defect as is held in paragraph No.19 of the judgment in the Kapra Majdoor Ekta Union Vs. Birla Cotton Spinning and Weaving Mills Ltd., (2005) 13 SCC 777. It was thus concluded that the view taken by the learned Single Judge ( P.V.Kakade , J. )
Bombay High Court Cites 11 - Cited by 0 - R V Ghuge - Full Document

The Ahmednagar Municipal ... vs Anil Vasantrao Londhe on 9 July, 2015

10. It was, in these circumstances, that the Division Bench concluded that the Labour / Industrial Courts do not have the power to entertain a review application against a final decision in a Complaint of unfair labour practices touching the merit of the judgment unless it indicates that the judgment suffers from a procedural defect as is held in paragraph No.19 of the judgment in the Kapra Majdoor Ekta Union Vs. Birla Cotton Spinning and Weaving Mills Ltd., (2005) 13 SCC 777. It was thus concluded that the view taken by the learned Single Judge ( P.V.Kakade , J. )
Bombay High Court Cites 11 - Cited by 0 - R V Ghuge - Full Document
1   2 3 4 5 6 7 8 9 10 Next