EER - IDA (9-12) Flashcards

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1
Q

ida chapters

A

VII

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2
Q

ida schedules

A

V

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3
Q

ida sections

A

40

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4
Q

date of coming into force

A

1 April, 1947

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5
Q

Section 2(a)

A

appropriate govt

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6
Q

CG as appropriate govt

A

industries under CG, transport services, gov. controlled inds., banking and insurance companies, etc.

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7
Q

S2(b)

A

award, interim, final or aa

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8
Q

S2(cc)

A

closure

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9
Q

S2(ee)

A

controlled Id.

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10
Q

D. N. Banerji
v.
P. R. Mukherjee

A

industry or business means an undertaking where capital and labour co-operate with each other for the purpose of producing wealth in the shape of goods, machines, tools etc:, and for making profits.
Municipality IS Id.

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11
Q

Corporation of City of Nagpur v.
Its Employees

A

Predominant nature test, Capital Investment and profit generation not necessary

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12
Q

State of Bombay v.
Hospital Mazdoor Sabha

A

state run hospital still Id even if charitable and no profit motive

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13
Q

U of Delhi v. Ramnath

A

Edu Inst. NOT ind.

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14
Q

Secretary, Madras Gymkhana Club Employees’ Union v.
Management of Madras Gymkhana Club

A

clubs are not Id.

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15
Q

Safdar Jung Hospital, Delhi v.
Kuldip Singh

A

hospital, ind. lawyer, CA - NOT Id.

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16
Q

BWSSB v. A. Rajappa Facts

A
  1. A. Rajappa – employee of Bangalore water supply & sewerage board
  2. A labour dispute arose between – board and employee
  3. Dispute – All Employee were fined by Bangalore water supply board for misconduct, Fine was too heavy and not reasonable.
17
Q

BWSSB v. A. Rajappa ruling

A

professions, clubs, educational institutions, co-operatives, research institutes, charity enterprises, and other similar endeavors all are Id.

18
Q

Conditions for Id.

A

not merely diff of opinion, actual factuum of disp
parties to dispute (espoused by TU)
not just ind but class affected
can be any person
capable of being settles

19
Q

Assam karamchari sangha
v.
The Management of Dimakuchi Tea Estate

A

real dispute, capable of being settled
the parties to the dispute have a direct or substantial interest

20
Q

Workmen of Hindustan Lever Ltd.
v.
Hindustan Lever Ltd

A

the jurisdiction of Civil Court was impliedly barred as dismissal or removal from service and the legality of such order being industrial disputes, the appropriate forum was constituted under the ID Act.

21
Q

Jadhav J H
v.
Forbes Gobak Ltd

A

A dispute relating to a single workman may be an industrial dispute, if it is espoused by a union or a number of workmen

22
Q

RSRTC
V.
Deen dayal sharma

A

A conductor worked for 3 months and was dismissed because he favored some of the passengers by not issuing the ticket.

Held that dispute cannot be entertained by civil court and only Industrial tribunal has power to entertain it.

23
Q

Bombay Union of Journalists
v.
The Hindu

A

low comptency of external union to raise Id.

24
Q

Workmen of Dharampal Premchand
v.
M/S Dharampal Premchand

A

if considerable number of workers involved == Id. Disp.

25
Q

Workmen of Indian Express Newspapers Ltd.
v. Management Indian Express Newspapers

A

upheld representative character of external unions