Tag Archives: establsihment

Term Institution – Meaning of

The term “Institution” had been considered by House of Lords in Mayor and C. of Manchester v. Mc-Adam (Surveyor of Taxes), 1896 AC 500. A distinction was sought to be drawn up between the “Institution” and the “Property of the Institution”. It was observed as under:
“It is a word employed to express several different ideas. It is sometimes used in a sense in which the “institution” cannot be said to consist of any persons, or body of persons, who could, strictly speaking, own property. The essential idea conveyed by it in connection with such adjectives as “literary” and “scientific” is often no more than a system, scheme or arrangement, by which literature or science is promoted without reference to the persons with whom the management may rest, or in whom the property appropriated for these purposes may be vested, save in so far as these may be regarded as a part of such system, scheme or arrangement. That is certainly a well recognized meaning of the word.
In Imperial Dictionary it is defined as follows:
“A system, plan or society, established either by law, or by the authority of individuals, for promoting any object, public or social. An illustration of this use is to be found in the Libraries Act itself. When the libraries which the authorities referred to in that Act may provide are termed “Institution” the term conveys the idea of buildings stored with books, with access to them by the public for the purpose of reading, together with the arrangements made for their use.
In Kamaraju Venkta Krishna Rao v. Sub-Collector, Ongole, AIR 1969 SC 563, it was observed:
“According to the dictionary meaning, the term “Institution” means “a body or organization of an association brought into being for the purpose of achieving some object.” Oxford dictionary defines an “Institution” as “an establishment, organization or association, instituted for the promotion of some object especially one of public or general utility, religious, charitable, educational etc.” Church of North India Trust Association v. Union of India, 2017 (135) RD 36.

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Industrial Dispute-Settlement arrived outside the conciliation proceedings

A settlement arrived at outside the conciliation proceedings has a limited application in the sense that it merely joins the parties to the agreement, whereas a settlement arrived at in the course of the conciliation proceedings binds all the parties to the Industrial Dispute not only parties to the settlement, but All such persons employed in the establishment. Further a settlement arrived in the course of conciliation proceedings with the recognized majority union would be binding on all the workers of the establishment, even to a minority union, who may have objected to the same. Hawkins Cookers Mazdoor Union and others v. Conciliation Officer, 2013 (5) AWC 4841

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