Latest Expert Exchange Queries

GST Demo Service software link:
Username: demouser Password: demopass
Get your inventory and invoicing software GST Ready from Binarysoft
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) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
Popular Search: empanelment :: ACCOUNTING STANDARDS :: ARTICLES ON INPUT TAX CREDIT IN VAT :: due date for vat payment :: Central Excise rule to resale the machines to a new company :: TAX RATES - GOODS TAXABLE @ 4% :: ACCOUNTING STANDARD :: form 3cd :: VAT RATES :: VAT Audit :: articles on VAT and GST in India :: TDS :: list of goods taxed at 4% :: cpt :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes
« News Headlines »
 How to save income tax? Here are 6 investments with tax free income
 10 Top salary deductions that can save tax for you
 What are the tax saving options beyond Section 80C?
 The penalties for not paying tax on time
 How to make your salary tax efficient
 I-T Department may go into overdrive this quarter
 Ways to reduce the TDS deduction from your salary
 4 Tips for choosing who prepares your 2017 Tax Returns
 Processing of income-tax returns under section 143(1) of the Income-tax Act which were filed in Forms ITR-1 to 6 & applicability of section 143(1)(a)(vi)
 Price Waterhouse gets 2-year ban in Satyam case
 How to save income tax under section 80C

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 2018 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