Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: Central Excise rule to resale the machines to a new company :: articles on VAT and GST in India :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: VAT RATES :: form 3cd :: ACCOUNTING STANDARDS :: VAT Audit :: cpt :: TDS :: due date for vat payment :: list of goods taxed at 4% :: ACCOUNTING STANDARD :: TAX RATES - GOODS TAXABLE @ 4% :: empanelment :: ARTICLES ON INPUT TAX CREDIT IN VAT
 
 
« News Headlines »
 Filing income tax return to become simpler from next month
 Here's why that big tax refund isn't great news for you
 Filing tax returns to be less painful as government simplifies ITR forms
 Here’s how the new tax provisions will impact you in 2017-18
 Income-tax (3rd Amendment) Rules, 2017
 How you can save tax in the last 2 days of current FY
 6 important income tax rules for individuals which will change from April 1, 2017
 Key changes in income tax rates individuals need to look at from 1 Apr
 Provisional Enrollment under Goods and Service Tax (GST)
 Ten income tax changes that will come in to effect from April 1
 New income tax provisions you need to be aware of

TN Govt had applied its mind, says HC
October, 04th 2007
Referring Deccan Sugars case to Industrial Tribunal

Section 10(1) of the Industrial Disputes Act contemplated even on apprehension a dispute could be referred to the Industrial Tribunal for adjudication. Since transfer of an undertaking (Deccan Sugars, Pugalur) from Nava Bharat Ferro Alloys Ltd to TN-based EID Parry Ltd, which was alleged to have caused non-employment of 651 workmen, itself was fictitious, the appellant (management of EID Parry) could not be said to be an unnecessary party to the reference, the Madras High Court has recently held.

Following agitation by workers against the transfer of Deccan Sugars, the Tamil Nadu Government referred the issue to Industrial Tribunal on April 4, 1993.

Aggrieved, the appellant preferred writ petition praying for quashing GO dated April 4, 1993. The management also filed writ petition for issue of writ of prohibition, prohibiting the Tribunal from proceeding to adjudicate dispute. The management contended that since the workmen were paid compensation, they could not challenge the agreement, and no such industrial dispute arose.

Single judge held that there existed an industrial dispute, which should be adjudicated by the Industrial Tribunal. The management preferred writ appeals, and the Division Bench ruled that there was no dispute that referring power of Government was amenable to judicial review. The Government had applied its mind and concluded that an industrial dispute existed.

Appellant herein then preferred SLP (civil) before the Supreme Court, which, inter alia, opined that interest of justice would be sub-served if the Division Bench of High Court was requested to give opportunity to parties as records were produced by the State after judgment was reserved.

The Division Bench, comprising Mr Justice Elipe Dharmarao, and Mr Justice S. Tamilvanan, ruled that when such a serious dispute was brought to its notice, a duty was cast on the Government to refer the matter for adjudication to the Industrial Tribunal based on material, which was properly done by the Tamil Nadu Government. There was no dispute that workmen had received compensation only under protest, but appellant, for no better reason, was stalling the entire reference proceedings by resorting to various kinds of litigations causing agony to the employees.

The Bench held that the appellant unnecessarily dragged on the dispute, stalling entire reference proceedings even after 14 years of reference, we consider it appropriate to direct appellant to deposit a sum of Rs 10,000 per each employee, by way of costs before the Industrial Tribunal.

The Bench said they were not able to find any merit in the contentions of appellant, and both appeals were dismissed.

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
SEO Company Search Engine Optimization Company US SEO Local SEO Company Website SEO Company Alabama SEO Company Alaska SEO Company Arizona SEO Company Arkansas SEO Company California SEO Company Colorado SEO Company Connecticut SEO Company Delawa

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions