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Documents citing Mcleod And Co. vs Sixth Industrial Tribunal, West Bengal ... on 10 February, 1958

Shri Aloysius Nunes vs M/S. Thomas Cook India Ltd. on 16 March, 2000

In Law Lexicon, 3rd Revised Edition, the definition in Mcleod and Co. v. Sixth Industrial Tribunal (supra) has been noted of Manager. In Stroud's Judicial Dictionary, Vol. 3, 'Manager' has been defined in ordinary talk, is a person who has the management of the whole affairs of the company; not an agent who is to do one thing; or a servant who is to obey orders and do another, but a manager who is entrusted with power to manage the whole of the affairs. In Words and Phrases, Vol. 26, it is observed as under :---
Bombay High Court Cites 11 - Cited by 10 - F I Rebello - Full Document

Shri Aloysius Nunes vs Thomas Cook India Ltd. on 16 March, 2000

In Law Lexicon, 3rd Revised Edition, the definition in Mcleod and Co. v. Sixth Industrial Tribunal (supra) has been noted of Manager. In Stroud's Judicial Dictionary, Vol. 3, 'Manager' has been defined in ordinary talk, is a person who has the management of the whole affairs of the company; not an agent who is to do one thing; or a servant who is to obey orders and do another, but a manager who is entrusted with power to manage the whole of the affairs. In Words and Phrases, Vol. 26, it is observed as under :---
Bombay High Court Cites 11 - Cited by 0 - F I Rebello - Full Document

Sh. Utpal Trehan vs M/S. Nhk T.V. @ Nhk Japan Broadcasting ... on 27 March, 2023

xxxxxxxxxxxxxxxx In this case before we deal with the facts and the relevant authorities of this Court it may be appropriate to refer to a decision of P.B. Mukharji, J. Of the Calcutta High Court as the learned Chief Justice then was in Mcleod and Co. v. Sixth Industrial Tribunal, West Bengal and others, A.I.R. 1958 Calcutta 273. There the learned Judge observed that whether a person was a workman within the definition of the Industrial Disputes Act was the very foundation of the jurisdiction of the Industrial Tribunal. The Court further observed that in order to determine the categories of service indicated by the use of different words like "supervisory", "managerial", "administrative", it was necessary not to import the notions of one into the interpretation of the other. The words such as supervisory, managerial and administrative are advisedly loose expressions with no rigid frontiers and too much subtlety should not be used in trying to precisely define where supervision ends and management begins or administration starts. For that would be theoretical and not practical. It has to be broadly interpreted from a common sense point of view where tests will be simple both in theory and in their application. The learned Judge further observed that a supervisor need not be a manager or an administrator and a supervisor can be a workman so long as he did not exceed the monetary LIR No. 3321/16 Utpal Trehan v. M/s. NHK T.V. @ NHK Japan Broadcasting Corp. Floor Page 28 of 120 limitation indicated in the section and a supervisor irrespective of his salary is not a workman who has to discharge functions mainly of managerial nature by reasons of the duties attached to his office or of the powers vested in him. In that case the learned Judge further held that a person in charge of a Department could not ordinarily be a clerk even though he may not have power to take disciplinary action or even though he may have another superior officer above him. It was further observed that distribution of work may easily be the work of a manager or an administrator but "checking" the work so distributed or "keeping an eye" over it is certainly supervision. It is reiterated that a manager or administrator's work may easily include supervision but that does not mean that supervision is the only function of a manager or an administrator. Bearing in mind the aforesaid indication, it would be necessary to discuss some decisions of this Court.
Delhi District Court Cites 65 - Cited by 0 - Full Document

Workmen Of Kettlewell Bullen And Co. ... vs Kettlewell Bullen And Co. Ltd. And Ors. on 23 June, 1960

28. Mr. Ginwalla relied upon the decision in McLeod and Co. v. Sixth Industrial Tribunal, West Bengal, . That decision is distinguishable. It is sufficient to say that there the learned Judge found that the decision of the Tribunal as to the collateral fact, far from being supported by the evidence, 'was plainly contradicted by the Tribunal's own finding.
Calcutta High Court Cites 19 - Cited by 3 - R S Bachawat - Full Document

General Industrial Society Ltd. vs Eighth Industrial Tribunal And Ors. on 14 February, 1978

There would also be no case of contravention and contravention cannot also take place when the complaint under Section 33A is not by a workman concerned in the dispute and furthermore there would be no contravention in terms of the observation of this Court in the case of Mcleod & Company v. Sixth Industrial Tribunal and also of the Supreme Court in the case of Digwadih Collieries v. Ranjit Singh 1964-II L.L.J. 143, when, there is no pendency of a proceeding before the concerned authority at the time of the alleged contravention. As stated hereinbefore, the complaint in the instant case was filed duly and in form and the said respondent was also a workman concerned in the dispute. So the application was maintainable and entertainable on those grounds and in entertaining the same, the respondent-Tribunal, has not gone wrong or has done anything, which is contrary to its jurisdiction and authority.
Calcutta High Court Cites 13 - Cited by 0 - Full Document

T.P. Sridharan vs The Management Of Kedukal Estate, And ... on 21 October, 1964

The learned counsel before us have invited our attention to three decisions in which there are discussions to what functions may be managerial functions. They are: (i) Andhra Scientific Co. v. Seshagiri Rao, , (ii) Standard Vacuum Oil Co. v. Commr of Labour, and (iii) Mcleod and Company v. Sixth Industrial Tribunal, . We do not consider it appropriate to enter into a discussion as to what exactly would be the managerial functions as the same will be a matter for determination by the Labour Court, with reference to the requirements of sub-clauses (3) and (4) of Section 2(s) of the Act.
Karnataka High Court Cites 10 - Cited by 0 - Full Document

Management Of Connemara Hotel, Spencer ... vs Presiding Officer, Iii Additional ... on 6 November, 1997

I have the support of National Engineering Industries Ltd. v. Shri Kishan Bhagerin and others (1988-I-LLJ-363) (SC), which had noted with approval the decision of the Calcutta High Court in Mcleod and Co. v. Sixth Industrial Tribunal, West Bengal and S. K. Meni v. Karona Sahur Co. Ltd. ((1994-II-LLJ-1153) (SC). In the latter case, the Supreme Court upheld the interference by the High Court with the decision of the Labour Court. The finding of the Labour Court in the instant case as to the nature of the second respondent's employment being the very foundation of its jurisdiction this Court has ample powers to interfere under Article 226 of the Constitution of India.
Madras High Court Cites 26 - Cited by 4 - Full Document
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