Search Results Page
Search Results
1 - 10 of 20 (0.29 seconds)Section 98 in Bombay Industrial Relations Act, 1946 [Entire Act]
Industrial Tubes Manufacturing Co. ... vs S.R. Samant, Judge, Industrial Court ... on 7 March, 1980
11. As against this in the present application, the issue with regard to violence and indiscipline directly arose for consideration in view of the undertaking sought from the workmen. As per the decision of a Division Bench of this Court reported in Industrial Tubes Manufacturing Co. Ltd. v. S. R. Samant and Ors. (1980-11-LLJ-444) the insistence on undertaking will be justified if there were acts of violence and indiscipline prior to it. In other words, it will not be justified if there were no such acts. Hence the employer had to prove such acts to justify its action of insistence on the undertaking. The employees likewise could challenge the evidence brought by the employer to prove the acts. A specific issue therefore had to be raised and a finding recorded on the point. The employer chose not to lead any evidence on the point, no issue was therefore raised and finding recorded on it by the Labour Court. The Industrial Court therefore could not have given any finding on the subject.