EER - IDA (9-12) Flashcards
ida chapters
VII
ida schedules
V
ida sections
40
date of coming into force
1 April, 1947
Section 2(a)
appropriate govt
CG as appropriate govt
industries under CG, transport services, gov. controlled inds., banking and insurance companies, etc.
S2(b)
award, interim, final or aa
S2(cc)
closure
S2(ee)
controlled Id.
D. N. Banerji
v.
P. R. Mukherjee
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.
Corporation of City of Nagpur v.
Its Employees
Predominant nature test, Capital Investment and profit generation not necessary
State of Bombay v.
Hospital Mazdoor Sabha
state run hospital still Id even if charitable and no profit motive
U of Delhi v. Ramnath
Edu Inst. NOT ind.
Secretary, Madras Gymkhana Club Employees’ Union v.
Management of Madras Gymkhana Club
clubs are not Id.
Safdar Jung Hospital, Delhi v.
Kuldip Singh
hospital, ind. lawyer, CA - NOT Id.
BWSSB v. A. Rajappa Facts
- A. Rajappa – employee of Bangalore water supply & sewerage board
- A labour dispute arose between – board and employee
- Dispute – All Employee were fined by Bangalore water supply board for misconduct, Fine was too heavy and not reasonable.
BWSSB v. A. Rajappa ruling
professions, clubs, educational institutions, co-operatives, research institutes, charity enterprises, and other similar endeavors all are Id.
Conditions for Id.
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
Assam karamchari sangha
v.
The Management of Dimakuchi Tea Estate
real dispute, capable of being settled
the parties to the dispute have a direct or substantial interest
Workmen of Hindustan Lever Ltd.
v.
Hindustan Lever Ltd
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.
Jadhav J H
v.
Forbes Gobak Ltd
A dispute relating to a single workman may be an industrial dispute, if it is espoused by a union or a number of workmen
RSRTC
V.
Deen dayal sharma
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.
Bombay Union of Journalists
v.
The Hindu
low comptency of external union to raise Id.
Workmen of Dharampal Premchand
v.
M/S Dharampal Premchand
if considerable number of workers involved == Id. Disp.
Workmen of Indian Express Newspapers Ltd.
v. Management Indian Express Newspapers
upheld representative character of external unions
