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...:“That the binding nature of the agreement has been flagrantly flouted by the management and the very basis of collective bargaining for industrial peace has been attacked.”...workmen within the meaning of the expression in the Act. A further contention was raised that the union has committed breach of the agreement by raising the dispute at Delhi...Disputes Act? If so, has the Tribunal no jurisdiction?(4) Whether workmen have committed breach of the agreement alleged to have been entered into between...
...exceptional cases where there may be allegations of mala fides, fraud or even corruption or other inducements. But in the absence of such allegations a settlement in the course of collective bargaining is...present case, collective bargaining and the principle of industrial democracy permeate the relations between the management on the one hand and the Union which resorts to collective bargaining on...behalf of its members-workmen with the management on the other. Such a collective bargaining which may result in just and fair settlement would always be beneficial to the management as well as to the...
...the Act, the principal techniques of settlement of disputes are — (1) Collective Bargaining, (2) Mediation and Conciliation, (3) Investigation, (4) Arbitration, and (5) Adjudication. The scheme of the...view that the Act is based on the principle of collective bargaining for resolving industrial disputes and for maintaining industrial peace. Thus principle of industrial democracy is the bedrock of the...based on collective bargaining the individual workman necessarily recedes to the background. The reins of bargaining on his behalf are handed over to the union representing such workman. The unions...
...consequences of any breach by PGF Ltd. is concerned, under Clause 13 some skeleton provision is made that the customer will be entitled to terminate the agreement, in which event PGF Ltd. would refund the...-1997, apart from specific letter addressed by the second respondent to PGF Ltd. dated 20-4-1998, by which PGF Ltd. was called upon, to furnish various details as regards to the collective investment...Bhattacharya v. SEBI WP (C) No. 3352 of 1998, wherein all plantation companies, agro companies and companies running collective investment schemes, to get themselves credit rated from credit...
...P.K Goswami, J.— This appeal by special leave brings forth a rather disquieting feature of union rivalry whereby the significance of collective bargaining, which is the forte...collective bargaining and, therefore, is entitled to due weight and consideration.19. It is true that in the course of evidence given by the President as also by two workmen....25. There may be several factors that may influence parties to come to a settlement as a phased endeavour in the course of collective bargaining. Once cordiality is...
...damages for breach of contract regardless of the intent of the company and union in writing the agreement. I find five weaknesses in this solution. First, it disregards established collective bargaining...bargaining agent to enter into collective agreement. On behalf of the representative trade union reliance was placed on the decision in Corbett v. Canadian National Printing Trades...evolve collective bargaining methods in established industries so that the disputes between the workers and the employers in the unit in such industrial sector assume form of collective disputes and...
...and advantageous bargaining position. And, bargaining had evidently not stopped despite the first agreement.7. The only point which could be and which was seriously urged...previous agreement on September 27, 1962 (hereinafter referred to as the “first agreement”) between the plaintiff, who resides at Hyderabad, and the first defendant, through an agent, Laxmanaswamy, DW 2...in a document Exhibit B-15. The first defendant denies the binding character of the first agreement of September 27, 1962, under which a cheque for Rs 10,000 was drawn up by the plaintiff in favour of...
...23.4 of the agreement which entitles the appellant builder to serve a termination notice upon the respondent flat purchaser for breach of any contractual obligation. If the respondent flat purchaser...“Araya Complex” in Sector 62, Golf Course Extension Road, Gurugram. The respondent flat purchaser entered into an apartment buyer's agreement dated 8-5-2012 with the appellant builder to purchase an...apartment in the said project for a total sale consideration of Rs 4,83,25,280. As per Clause 11.2 of the agreement, the appellant builder was to make all efforts to apply for the occupancy...
...that such conditions of service prescribed in Standing Orders get incorporated in the contract of service of each employee with his employer. A facet of collective bargaining is that any settlement...conditions of service shall be deemed to be incorporated in the contract of employment of each employee with his employer. As far as the incorporation of the results of collective bargaining into the...individual contract of employment is concerned, the courts have in effect created a presumption of more or less systematic translation of the results of collective bargaining into individual contracts...
...have on the one hand to remember the importance of collective bargaining in the settlement of industrial disputes, and on the other hand, the principle that the party to a dispute should have a fair...great importance in modern industrial life of collective bargaining between the workman and the employers. It is well known how before the days of collective bargaining labour was at a great...disadvantage in obtaining reasonable terms for contracts of service from his employer. As trade unions developed in the country and collective bargaining became the rule the employers found it necessary and...
...destruction of GIC workers' substantive right to collective bargaining, even though bank employees are fully competent to negotiate and enter into binding agreement. For exercising this right both are...to frame schemes affecting the conditions of service of the workmen without any scope for collective bargaining.4. In any event the retrospective effect...employees, although in case of bank employees, with no rational differentia, the right to collective bargaining is recognised and not disturbed and the right to adjudication was recognised in Bharat...
...naturally produced an association of employers and a union of workmen, each recognising the other, for the necessary convenience of collective bargaining. Apparently, these hardware merchants huddled...deeper into this question, for in industrial law, collective bargaining, union representation at conciliations, arbitrations, adjudications and appellate and other proceedings is a welcome development...collective bargaining and later litigation. We do not expect the rigid insistence on each workman having to be a party eo nomine. The whole body of workers, without their names being set out, is, in...
...insisted on collective bargaining with the employer. The advent of trade unions and collective bargaining created new problems of maintaining industrial peace and production for the society. It was...service as a “special agreement”. The period of probation expired on March I, 1966, but he continued to serve on his post. On April 13, 1966, the Company passed an order extending the period of his...invalid the order of discharge also would obviously be invalid.6. The next submission of Shri Daphtary is that the special agreement is not inconsistent with the Standing...
...service rules but, in substance, are the result of collective bargaining with the management, as the writ petition itself reveals. These triple categories of new posts have been filled, admittedly..., without reference to the quota set apart from promotees. the defence of the respondent being that these new cadres are not covered by the agreement referred to in the writ petition...with the processes resulting in filling up the posts of Accountants, Junior Accountants and Assistant Inspecting Officers in violation of the quota of 75% claimed by the appellant, under the agreement...
...subsequent agreement enabling the company to retrench some of its workmen was challenged on the ground that it was in breach of the earlier settlements entered into between the company and the...which has made its emergence in recent years in the sphere of the law of contracts in the test of reasonableness or fairness of a clause in a contract where there is inequality of bargaining power. In...unreasonable contract, or an unfair and unreasonable clause in a contract entered into between parties who are not equal in bargaining power. The above principle will apply where the inequality of bargaining...
...aforementioned to the facts of the instant case, it is clear that what the plaintiff-respondents wanted to prevent was, by and large, threatened breach of their right which flowed from the agreement dated...December 31, 1966 entered into between the Sabha Union and the Company. Such a collective agreement is recognized and creates a right in favour of the members of the union only under Section 18(1) of the...suit on December 14, 1971 challenging the action of the Company on several grounds and praying for an order of injunction to restrain the Company from committing a breach of the agreement dated March...
...Provincial Legislature had no power to tax a transaction which was not a sale of goods in that sense and that in order to constitute a sale there must be an agreement for sale of goods for a price and the...passing of property therein pursuant to such an agreement. Ventakarama Aiyar, J. said at pp. 397-398:“Thus, according to the law both of England and of India, in...order to constitute a sale it is necessary that there should be an agreement between the parties for the purpose of transferring title to goods which of course presupposes capacity to contract, that it...
...referred to as ‘the Board’, entered into an agreement with the respondent — M/s Green Rubber Industries, a partnership firm, hereinafter referred to as ‘the firm’, on the latter's application dated July...sum of Rs 2700 and a fresh agreement was executed on May 2, 1981. On May 29, 1981 the firm was given fresh connection of 45 KVA. According to the firm it requested the Board on June 19, 1981 to cut.... Before the High Court the Board contended that the firm was liable to pay the minimum guaranteed charges in terms of the agreement, the disconnection itself having been in terms thereof...
...intendment of such a collective bargaining strategy is to force the employer to accept the demand of the workers for betterment of their lot or redressal of injustice, not to inflict damage on the boss. In...of such disputes also. The Act envisages collective bargaining, contracts between union representing the workmen and the management, a matter which is outside the realm of the common law or the Indian...appellants) which came to an end by virtue of a memorandum of agreement dated October 2, 1957 to which not merely the management but also the two registered unions aforementioned and the two unregistered...
.... Collective bargaining is a technique by which dispute as to conditions of employment is resolved amicably by agreement rather than coercion. The dispute is settled peacefully and voluntarily although...formality? Far from it. It would be wrong to construe sub-section (3) in the manner suggested by counsel for the appellant. The Act seeks to achieve social justice on the basis of collective bargaining...to place the same before the arbitrator. This is the need for collective bargaining and there cannot be collective bargaining without involving the workers. The union only helps the workers in...