Search Results Page
Search Results
1 - 6 of 6 (1.70 seconds)The Industrial Disputes Act, 1947
Jaipur Zila Sahakari Bhoomi Vikas Bank ... vs Ram Gopal Sharma & Ors on 17 January, 2002
15. The question whether approval petition under Section
33 (2) (b) of the Industrial Dispute Act, 1947 is mandatory or not
for orders of dismissal pending Industrial Dispute has become a
matter res judicata in view of the decision of the Hon'ble
Supreme Court in the case of Jaipur Zila Sahakari Bhoomi Vikas
Bank Limited vs Ram Gopal Sharma and others reported in 2002
(2) SCC 244. In times of Industrial Disputes, advertorial actions
of the employers against the employees can not be allowed with
impunity and the protection provided to the workmen under
Section 33 (2) (b) of the Industrial Dispute Act, 1947 is
sacrosanct and mandatory. If the employer fails to file the
approval petition under Section 33 (2) (b) of the Industrial
Dispute Act, 1947 for the advertorial actions taken by them
against the employees during the currency of the conciliation
proceedings/pendency of dispute or fails to succeed in the
petition before the Tribunal, the orders of dismissal is abinitio
void and non est in the eyes of law.
United India Insurance Company ... vs Secretary, Tamil Nadu Labour Welfare ... on 20 January, 2005
7. The petitioners submit that the 1st respondent Labour
Court ought to have framed and decided the correct issues which
arose in their cases viz “whether there was a conciliation
proceedings pending at the time of the dismissal of the
petitioners and the date when the conciliation proceedings
actually commenced” instead of the faulty question “whether a
conciliation proceedings could be said to have legally
commenced, when the strike notice given by the Union to the
Conciliation officer at Virudhunagar was defective” and wrongly
relying on the decision of the Hon'ble Supreme Court reported in
2008 (2) LLN page 761 Oriental Insurance Co. Ltd., vs.
Tamil Nadu Labour Welfare Board.
Section 2 in The Industrial Disputes Act, 1947 [Entire Act]
Section 33 in The Industrial Disputes Act, 1947 [Entire Act]
1