Search Results Page

Search Results

1 - 10 of 19 (0.52 seconds)
P. Virudhachalam & Ors vs The Management Of Lotus Mills & Anr on 9 December, 1997 cites

Ram Prasad Vishwakarma vs The Chairman, Industrial Tribunal on 12 December, 1960

In this connection, it is profitable to keep in view a decision of three-member Bench of this Court in the case of Ram Prasad Vishwakarma vs. Chairman Industrial Tribunal, Patna & Ors. [AIR 1961 SC 857] where in Das Gupta, J, speaking for this Court made the following pertinent observations on the scheme of the Act, at the time when Section 2A was not on the statute book :-
Supreme Court of India Cites 6 - Cited by 41 - K C Gupta - Full Document

Herbertsons Limited vs Workmen Of Herbertsons Limited And Ors on 3 November, 1976

In order to appreciate the aforesaid contentions canvassed by counsel for the appellants, it will be necessary to have a look at the statutory scheme of the Act. The act is enacted for resolving industrial disputes between workmen and employer which would have pernicious effect on industrial peace and industrial production and which would in their turn adversely affect the economy of the Nation as a whole. The act is enacted to make provisions for the investigation and settlement of industrial disputes for the investigation and settlement of industrial disputes and for certain other purposes mentioned in the Act. Under the Act, the principal bargaining, (2) Mediation and conciliation, (3) Investigation, (4) Arbiration, and (5) Adjudication, The scheme of the Act shows that adjudication is to be resorted to as the last alternative. Before any matter is referred for adjudication under Section 10 of the Act, there should be an attempt for conciliation. As laid down by this Court in Herbertsons Ltd. vs. The Workmen of Herbetsons Ltd. & Ors. (AIR 1977 SC 322) any settlement between the employer and the employees is placed on a higher pedestal that an ward passed after adjudication. It is easy to visualise that individual workmen have by themselves scant bargaining power. Therefore, their disputes have to be highlighted by their bargaining agents, namely, their unions representing the body of workmen so that the bargaining power of individual workmen can get strengthned. As per Section 36 of the Act, a workman who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by any member of the executive or other office bearer of a registered trade union of other office bearer of a registered trade union of which he is a member. The machinery of the Act envisages resolution of industrial disputes and conflicts at the grassroot level by conciliation by which settlement can be arrived at between the employer and the workmen and industrial peace can be achieved and industrial strife can be put to an end. The Act envisages two types of settlements between the warring groups of employer and employees. As defined by Section 2(P) of the Act, "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceedings where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer. Thus, a settlement which is based on a written agreement between the parties can be arrived at either in conciliation proceedings or even outside conciliation proceedings between the representatives of the workmen on the one hand and the management on the other. But even if such written agreement signed by the parties is arrived at outside conciliation proceeding, it would become a settlement, once the prescribed procedure as envisaged by Section 2(p) is followed. So far as settlements arrived at in the course of conciliation proceedings are concerned, Section 12 of the Act deals with such settlements. As laid down by Section 12(1) where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under Section 22 has been given shall, hold conciliation proceedings in the prescribed manner Sub-section (2) of Section 12 enjoins upon him for the purpose of bringing about a settlement of the dispute, without delay to investigate the dispute and all matters affecting the merits and the right settlement thereof and to make all efforts as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. Then follows sub-section (3) of Section 12 under which settlement in the present case saw the light of the day. It reads as under :-
Supreme Court of India Cites 5 - Cited by 123 - P K Goswami - Full Document
1   2 Next