Search Results Page
Search Results
1 - 10 of 10 (0.35 seconds)Section 2A in The Industrial Disputes Act, 1947 [Entire Act]
Section 23 in The Industrial Disputes Act, 1947 [Entire Act]
Desh Raj Gupta vs Industrial Tribunal Iv, U.P. Lucknow ... on 12 September, 1990
8. The two judgments of the Supreme Court cited by the learned counsel for the petitioner i.e., Desh Raj Gupta v. Industrial Tribunal IV, Lucknow and Gujarat Steel Tubes Ltd. v. Its Mazdoor Sabha (supra) do not throw any light on the present controversy as they deal with the question of back-wages. If ultimately termination of services is held to be illegal, it is always open to the petitioner to put forward all available objections with regard to the grant of backwages by adducing necessary evidence in that behalf.
Gujarat Steel Tubes Ltd vs Gujarat Steel Tubes Mazdoor Sabha on 19 November, 1979
8. The two judgments of the Supreme Court cited by the learned counsel for the petitioner i.e., Desh Raj Gupta v. Industrial Tribunal IV, Lucknow and Gujarat Steel Tubes Ltd. v. Its Mazdoor Sabha (supra) do not throw any light on the present controversy as they deal with the question of back-wages. If ultimately termination of services is held to be illegal, it is always open to the petitioner to put forward all available objections with regard to the grant of backwages by adducing necessary evidence in that behalf.
K. Rama Rao vs Chief Executive, Nellimarla Jute Mills ... on 13 July, 1992
To the same effect is the decision reported in K. Rama Rao v. The Chief Executive (Mills), Nellio maria Jute Mills and others (supra) wherein it has been further held that there is no period of limitation for challenging the order of dismissal before the forum constituted under the I.D. Act and the delay in challenging the order of termination can be taken into consideration for moulding the relief and that in appropriate cases, the court may disallow back-wages from the date of illegal termination till the date of filing of the petition.
The Industrial Disputes Act, 1947
The Associated Cement Companies ... vs Its Workmen & Another on 5 May, 1959
9. The decision of the Supreme Court in Orissa Cement Ltd., v. Their Workmen (supra) cited by the learned counsel for the second respondent is also not very much relevant for the purpose of the present case as the same dealt with the question whether a finding given by the Industrial Disputes Appellate Tribunal in an earlier proceeding under Section 23 of the I.D. Act operates as res judicata in a subsequent reference made under Section 10 of the Act. It has been observed that the earlier finding of the Appellate Tribunal in the proceeding under Section 23 of the Act was no more than obiter and it cannot he pleaded in support of the bar of res judicata.
The Code of Civil Procedure, 1908
Section 2 in The Industrial Disputes Act, 1947 [Entire Act]
1