Search Results Page

Search Results

1 - 2 of 2 (0.42 seconds)
Kapra Mazdoor Ekta Union vs Management Of M/S. Birla Cotton ... on 16 March, 2005 cites

The State Of Bihar vs D. N. Ganguly & Others on 22 August, 1958

In the light of the order of this Court the Industrial Tribunal heard the parties and passed an Award on June 12, 1987. The Award is a detailed reasoned Award. The Tribunal took note of the background in which the disputes had arisen and the reference made to it. It rejected the argument of the appellant-Union that once a reference is made, the Labour Department of the appropriate Government becomes functus officio in the matter. After considering to the decisions of this Court in State of Bihar vs. D.N. Ganguly & Ors. : 1959 1 SCR 1191 ; Sirsilk Limited vs. Government of Andhra Pradesh and another : AIR 1964 SC 160 and Paraga Tools Ltd. vs. Mazdoor Sabha : 1975(I) LLJ 210 it concluded that merely because a dispute had been referred to the Industrial Tribunal for adjudication, it did not prevent the Conciliation Officer from playing his role when other disputes arose between the parties and the industrial peace was disturbed. It noticed the fact that in the instant case a notice of strike was given on February 14, 1983 and a notice of closure of a part of the undertaking on April 4, 1983. The workers were disturbed and the atmosphere was surcharged. In this background if the Conciliation Officer intervened in an attempt to bring about a settlement, it cannot be contended that he had no jurisdiction to do so. In fact the Labour Department was not only justified but legally competent and compelled to set the conciliation proceedings in motion so as to restore industrial peace.
Supreme Court of India Cites 40 - Cited by 151 - P B Gajendragadkar - Full Document

Praga Tools Limited vs Praga Tools Limited, Mazdoor Sabha And ... on 16 January, 1974

In the light of the order of this Court the Industrial Tribunal heard the parties and passed an Award on June 12, 1987. The Award is a detailed reasoned Award. The Tribunal took note of the background in which the disputes had arisen and the reference made to it. It rejected the argument of the appellant-Union that once a reference is made, the Labour Department of the appropriate Government becomes functus officio in the matter. After considering to the decisions of this Court in State of Bihar vs. D.N. Ganguly & Ors. : 1959 1 SCR 1191 ; Sirsilk Limited vs. Government of Andhra Pradesh and another : AIR 1964 SC 160 and Paraga Tools Ltd. vs. Mazdoor Sabha : 1975(I) LLJ 210 it concluded that merely because a dispute had been referred to the Industrial Tribunal for adjudication, it did not prevent the Conciliation Officer from playing his role when other disputes arose between the parties and the industrial peace was disturbed. It noticed the fact that in the instant case a notice of strike was given on February 14, 1983 and a notice of closure of a part of the undertaking on April 4, 1983. The workers were disturbed and the atmosphere was surcharged. In this background if the Conciliation Officer intervened in an attempt to bring about a settlement, it cannot be contended that he had no jurisdiction to do so. In fact the Labour Department was not only justified but legally competent and compelled to set the conciliation proceedings in motion so as to restore industrial peace.
Andhra HC (Pre-Telangana) Cites 11 - Cited by 6 - Full Document
1