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Union of India (Uoi) and ors. Vs. Ex. Flt. Lt. G.S. Bajwa

Court : Supreme Court of India

Subject : Service

Acts : Air Force Act, 1950 - Sections 2, 7, 41, 41(2), 65, 111 and 125; Constitution of India - Articles 14, 19, 19(1), 19(4), 21, 22 and 33; Army Act; Air Force Rules, 1969 - Rules 88, 89, 100, 102, 110, 111 and 125; Code of Criminal Procedure (CrPC)

Reported in : 104(2003)DLT618(SC); JT2003(4)SC505; 2003(4)SCALE494; (2003)9SCC630; [2003]3SCR1092; 2003(3)SLJ288(SC); 2003(2)LC849(SC); (2003)2UPLBEC1479

Air Force discipline. Accordingly the respondent was charged of offences punishable under Sections 41(2) and 65 of the Air Force Act, 1950 (hereinafter referred to as 'the Act'). According to the respondent the proceedings before the General Court Martial were … prejudicial to the good order and Air Force discipline. Accordingly the respondent was charged of offences punishable under Sections 41(2) and 65 of the Air Force Act, 1950 (hereinafter referred to as 'the Act'). According to the … recorded by the High Court in ignorance of the provisions of Article 33 of the Constitution of India which expressly empowers the Parliament to modify

Jetlite (India) Ltd. Vs. Capt. R. Khosla

Court : Delhi

Subject : Service

Acts : Industrial Disputes Act, 1947 - Sections 2, 27, 33C and 33(C)(2); Air Force Act, 1950; Army Act, 1950; Navy Act, 1957; Constitution of India - Article 226

Reported in : 157(2009)DLT677

retrenchment has led to that dispute, but does not include any such person(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of … appointed in Sahara Airlines on the post of Pilot and as per the definition of workman envisaged under Section 2(s) of the Industrial Disputes Act, the respondent cannot be held to be a workman. Counsel has further … The Tribunal perhaps glossed over the fact that the application under Section 33(C)(2) can only be moved by a person who is a workman covered

N.R. Ajwani Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 18, 19, 63, 69, 117(3), 154, 160(4) and 165; Army Rules, 1954 - Rules 17, 23, 23(5), 82(3) and 147A; Indian Official Secrets Act, 1923 - Sections 3, 3(1) and 5; Army Pension Regulations, 1961 - Regulations 3 and 22; Constitution of India - Articles 1, 11, 14, 19(1), 19(5), 21, 31(1), 33, 53, 74, 74(1), 77, 154, 163(1), 226, 309, 310, 310(1), 311, 311(2) and 356; Air Force Act, 1950 - Sections 18 and 19; Air Force Rules, 1969 - Rule 16; Railway Establishment Code - Rules 148, 148(3), 149 and 149(3); Government of India Act, 1919 - Sections 96B; Constitution of India (Fiftieth Amendment) Act, 1984

Reported in : 95(2002)DLT770

Division Bench of this Court. In that case the President passed the Order under Section 18 of the Air Force Act, 1950 dismissing Hazara Singh from service with immediate effect. The main argument addressed was that as Hazara Singh had … other means.'117. On 4.10.1980 a reply was taken from the petitioner:'F.X.N. SIXYDNWBRA.1. Ref. HQ Delhi Area letter No. 3334/385/A1(ii) dated 3rd October, 1980 shown to the undersigned by Major R.P. Singh of your center.2. paradise reply to

P.C. Kakar Vs. Commandant, Military Hospital, Trimalgiri and ors.

Court : Andhra Pradesh

Subject : Criminal

Acts : Army Act, 1950 - Sections 39, 145, 191 and 192; Navy Act; Air Force Act; Army Rules; Constitution of India - Articles 21 and 33; Medical Service Regulations, 1983 - Regulation 446, 447 and 448

Reported in : 1994(1)ALT1; 1994CriLJ1025

clause (a) of Regulation 446 which says that any person subject to the Army Act, Navy Act or Air Force Act 'showing symptoms of psycois will at once be admitted to hospital and placed under observation and treatment. If … a civil hospital because of the Military Nursing Service Ordinance (30 of 1943) as amended by the Army Act, 1950. Captain Latha Sharma absented herself from the place of her duty and, therefore, she committed an offence under … of the Army authorities in view of the embargo contained in Art. 33 of the Constitution of India. 15. Article 33 of the Constitution of … the place of her duty and, therefore, she committed an offence under section 39(a) of the Army Act and she got herself admitted in the

The Union Carbide (India) Ltd. Vs. Ramesh Kumbla and Others

Court : Mumbai

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2 and 33; Industrial Disputes Act, 1985 - Sections 2; Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 3(5), 28 and 44; Constitution of India - Article 227; Trade Union Act, 1926; Air Force Act, 1950; Navy Act, 1957; Payment of Gratuity Act, 1972

Reported in : 1999(1)ALLMR540; 1999(1)BomCR705; 1999(2)MhLj63

led to that dispute, but does not include any such person - (i) who is subject to the Air Force Act, 1950, or the Navy Act, 1957; or (ii) who is employed in the Police service or as an officer … the preliminary issue that the complaint was maintainable since respondent No. 1 was a 'workman', as defined in section 2(s) of the Industrial Disputes Act, 1947 (for short 'I.D. Act') or an employee as defined in clause … of attorney to act in a supervisory capacity. His application under section 33-C(2) of the I.D. Act, for computation of supervisory allowance for a period

Ordinance Clothing Factory Workers Union Rep. by Its Secretary, N.J. R ...

Court : Chennai

Subject : Other Taxes

Acts : Army Act, 1950 - Sections 2, 2(1), 3 and 21; Tamil Nadu District Municipalities Act - Sections 124D and 124J; Territorial Army Act, 1948 - Sections 9(1); Air Force Act, 1950; Navy Act, 1957; Central Reserve Police Force Act, 1949; Army Rules, 1954 - Rule 19; Central Civil Services (Classification, Control and Appeal) Rules, 1965; Civil Service Regulations; Constitution of India - Articles 19 and 33

Reported in : (2009)6MLJ269

of this State to whom the provisions of the Army Act, 1950 (Central Act XLV of 1950), the Air Force Act, 1950 (Central Act XLV of 1950) or the Navy Act, 1957 (Central Act 62 of 1957) applies; (b)the members … the members of the armed forces, Parliament derives its competence from Article 33 of the Constitution. Section 2(1) of the Act enumerates the persons who … by the Tamil Nadu District Municipalities Act. The third respondent has initiated proceedings to collect Profession Tax under Section 124-D of the Tamil Nadu District Municipalities Act. On the ground that under Section 124-J of the Act,

Mcleod and Co. Vs. Sixth Industrial Tribunal, West Bengal and ors.

Court : Kolkata

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 33 and 33A; ;Constitution of India - Article 226; ;Code of Civil Procedure (CPC) , 1908 - Sections 100 to 101

Reported in : AIR1958Cal273

the Act. The first exclusion is in favour of a person subject to the Army Act or the Air Force Act, 1950 or the Navy Discipline Act, 1934. A person who is subject to these special Statutes of the Army, … Tribunal held that the termination of Sanyal's services without permission of the Tribunal was a clear contravention of Section 33 of the Industrial Disputes Act and therefore directed reinstatement of Sanyal in the post he was holding at

Indian Air Force Employees Union Vs. State of Maharashtra,

Court : Mumbai

Subject : Labour and Industrial

Acts : Indian Trade Unions Act, 1926 - Sections 2(1), 3 and 27A; Maharashtra State Tax on Professions Trades, Callings and Employments Act, 1975 - Sections 4, 27 and 27A; Maharashtra State Tax on Professions Trades, Callings and Employments (Amendment) Act, 1976; Constitution of India - Articles 14, 19(1), 33 and 276; Civil Service Rules; Army Act, 1950 - Sections 21; ;Air Force Act, 1950; Navy Act, 1957; Maharashtra State Tax on Professions Trades, Callings and Employments (Amendment) Act, 1991; Maharashtra State Tax on Professions Trades, Callings and Employments Ordinance, 1996; Maharashtra State Tax on Professions Trades, Callings and Employments (Amendment) Act, 1997; Maharashtra State Tax on Professions Trades, Callings and Employments (Amendment) Act, 2000

Reported in : 2003(2)ALLMR804; 2003(5)BomCR817; 2003(4)MhLj609

the armed forces of theUnion, that is to say to whom the provisions ofthe Army Act, 1950, the Air Force Act, 1950, orthe Navy Act, 1957 apply serving in any part ofthe State. 12. Section 27 A Clause (a) was … restricts or abrogates any ofthe fundamental rights of the members ofthe Armed Forces, Parliament derives itscompetence from Article 33 of theConstitution Section 2(1) of the Actenumerates the persons who are subject toto the operation of this Act.

Amit Kumar Roy Vs. Union of India .

Court : Supreme Court of India

Subject : Education

person who is enrolled is governed by the discipline of the force. Sections 13,14 and 15 of the Air Force Act 1950 would make it abundantly clearly that there is a statutory obligation to serve during the period of engagement, … to leave service at will. A person who is enrolled is governed by the discipline of the force. Sections 13,14 and 15 of the Air Force Act 1950 would make it abundantly clearly that there is a … guaranteed by Article 19(1)(g). The submission ignores the specific provisions of Article 33 of the Constitution; (ii) There is a fallacy in the submission that

Union of India (Uoi) and ors. Vs. Ram Sunder Ram

Court : Kolkata

Subject : Civil

Acts : Army Act, 1950 - Sections 17, 19, 20 and 72; ;Army Rules, 1954 - Rules 13(3), 177 and 182; ;Air Force Rules - Rule 137; ;Constitution of India - Article 33

Reported in : 2005(4)CHN361

case of S. K. Rao. In Cheema's case it was held that the object of Rule 137(g) of Air Force Rules is that the statements recorded in the Court of Inquiry shall not be admissible in evidence in … the writ petitioner/ respondent was discharged from army service under the provisions of section 20 of the Army Act, 1950 read with Army Rules 13(3)(V) read with Clause (v) of the Table and after affording the writ petitioner/respondent … mind. In fact, the Constitution itself has made it clear under Article 33 of the Constitution. This aspect was considered by Supreme Court in the