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Aug 06 1969

Dy. Accountant General (Admn) Office of the Accountant General, Kerala ...

Court : Kerala

Decided on : Aug-06-1969

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 4, 5, 439 and 494; ;Essential Services Maintenance Ordinance, 1968

Reported in : AIR1970Ker158; 1970CriLJ966

the threat rather than the demand. On the 13th September, the President promulgated the Essential Services Maintenance Ordinance, 1968, Section 3 whereof empowered the Central Government to prohibit strikes in any essential service as defined in Section 2, and … but that, on the 28th December, Parliament thought it necessary to replace the Ordinance by an Act, the Essential Services Maintenance Act, 1968, and, by Section 9(2) thereof, to continue the order as if it were an order made under the

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Jan 27 1981

K.K. Bali Vs. Comptroller and Auditor General of India and ors.

Court : Delhi

Decided on : Jan-27-1981

Subject : ServiceConstitution

Acts : Constitution of India - Article 14; Central Civil Service (Conduct) Rules, 1964 - Rule 7

Reported in : ILR1981Delhi454; 1981LabIC1467

On 13-9-1968 a notification was issued declaring the strike illegal under sub-section I of Section 3 of the Essential Services Maintenance Ordinance, 1968. It is an admitted fact that the strike was peaceful. There was no violence nor any … S.B. Wad, J.(1) The petitioner challenges legality of the departmental enquiry held against him for various acts allegedly committed by him in reference to the illegal strike. This was a token strike on 19th September,

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Dec 20 1988

Ramesh Chander and anr. Vs. Delhi Transport Corporation

Court : Delhi

Decided on : Dec-20-1988

Subject : Labour and Industrial

Acts : Constitution of India - Article 226; Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952; Industrial Disputes Act, 1947 - Sections 33

Reported in : [1989(58)FLR731]; ILR1988Delhi467

notification dated March 11,1988, in exercise of the powers conferred by sub-section (1) of Section 3 of the Essential Services Maintenance Act, 1981 read with Essential Services Maintenance (Amendment) Act, 1985 ad read with the Government of India Notification dated … of Clause (c) of the first proviso to R. 25(1) of the Railway Servants (Discipline and Appeal) Rules, 1968-having regard to the factors to be taken into account by the appellate authority in deciding an appeal, a

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Mar 11 2015

Grah Rakshak, Home Guards Wel.Asso. Vs. State of H.P. and Ors.

Court : Supreme Court of India

Decided on : Mar-11-2015

Subject : Land Acquisition

an air raid, a fire, a flood, an epidemic and so on. (c) Organise functional units to provide essential services such as motor transport, pioneer and engineer groups, fire brigades, nursing and first-aid, operation of water and power … concept of a voluntary citizen's force as auxiliary to the Police for maintenance of law and order and for meeting emergencies like floods, fires, famines … 1947 to the extend they were applicable in the State were repealed by "the Himachal Pradesh Home Guards Act, 1968" extending it to the whole State of Himachal Pradesh. Section 4 relates to constitution of volunteer body called … Non Gazetted Officer as follows: "(h) 'member' means a person appointed as member of the Home Guards under section 3 of the Act; (i) 'N.C.Os' means Non Commissioned Officers from Sub-Section Leader to Havildar; (j) 'Non Gazetted Officer'

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Apr 11 1972

Nirvair Singh Vs. the Punjab State Electricity Board and ors.

Court : Punjab and Haryana

Decided on : Apr-11-1972

Subject : Service

Acts : Punjab Civil Services Rules - Rule 4.4; East Punjab Essential Services (Maintenance) Act, 1947 - Sections 3

Reported in : AIR1973P& H322

maintaining supplies or services necessary for the life of the community under Section 3 of the East Punjab Essential Services (Maintenance) Act, 1947. It is submitted by the learned counsel that according to the said Act the petitioner could not … on March 6, 1965, which was rejected on June 30, 1965. He made another representation on August 10, 1968, which was rejected on February 13, 1969. The petitioner thereafter filed the present petition praying that the Punjab

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Feb 25 1969

Jai NaraIn and ors. Vs. State

Court : Delhi

Decided on : Feb-25-1969

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 239

Reported in : 5(1969)DLT648

Act and sections 147, 149 and 353. Indian Penal Code, and the third under section 7 of the Essential Services (Maintenance) Ordinance and section 29 of the Police Act. There are nine other petitioners against whom the first complaint … J.(1) This order will dispose of Criminal Miscellaneous (Main) No. 47 of 1968, and Criminal Miscellaneous (Main) No 91 of 1968, and Criminal Revision Nos. … nine other petitioners against whom the first complaint is for violation of section 188, Indian Penal Code, and section 3 of the Police Forces (Incitement to Disaffection) Act, 1922. Against the remaining eleven petitioners, the first complaint is

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Feb 01 1999

Tamil Nadu Agricultural University Non-teaching Staff Association Coim ...

Court : Chennai

Decided on : Feb-01-1999

Subject : CriminalConstitution

Acts : Essential Service Maintenance Act, 1980 -- Sections 2; Constitution of India -- Articles 14, 19(1) and 21; Essential Services Maintenance Act, 1981 - Sections 2, 3, 4 and 5; University Act, 1904;

Reported in : 1999(1)CTC545; (1999)IIMLJ10

staff as 'Essential Service'. However, he has brought to the notice of this court the provisions of the Essential Services Maintenance Act, 1981. Section 2 of the said Act deals with the definition clause. Under the particular Act, Section 2(a) … it has to be held that there is no fundamental right to strike in the Act 59 of 1968 relied upon by the petitioner. There is no provision restricting freedom of speech and expression, nor is there … and aggrieved by the same they have filed the present writ petition. 3. Learned counsel for the petitioner has argued that there is no provision

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May 31 2011

In the Matter of Mumbai International Airport Pvt. Ltd. Mumbai Vs. Mah ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-31-2011

Subject : Land Acquisition

Appellant are per se public utility services and the management of aerodrome is an essential service under the Essential Services Maintenance Act, 1968.” “(I) The MERC should have considered that the work carried out by the Appellant per se is a … impugned contains the valid reasons to put the Appellant under the HT-II Commercial category on the strength of Section 62(3) of the Electricity Act, 2003 as well as the various observations made by the Tribunal as well

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Feb 24 2021

Rachna Vs. Union Of India

Court : Supreme Court of India

Decided on : Feb-24-2021

Subject : Land Acquisition

from duty/overtime duty looking to the nature of their services and in the light of invocation of The Essential Services Maintenance Act, 1968 and The Disaster Management Act, 2005. There is no benefit 14 accruing to persons in essential services and … Rules which are identified and prescribed by the respective Cadre Controlling Authorities (CCAs) as per the provisions of Section 33 and 34 of the Rights of Persons with Disabilities Act, 2016. Only those category(ies) of disability(ies) mentioned … 1 approached this Court by filing the instant writ petition under Article 32 of the Constitution seeking mandamus to the 1st respondent to extend one

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Mar 24 1980

J. Satyavrata and anr. Vs. Mohamedbhai Abdothussen Sadiq Bahreinwalla ...

Court : Mumbai

Decided on : Mar-24-1980

Subject : Tenancy

Acts : Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 24

Reported in : AIR1982Bom50; 1981MhLJ413

couched , did not admit of imposing a positive obligation on the landlord to continue essential supply and services in any building, the operation of which was found to have been stopped due to some factor not … or purporting to act on his behalf shall without just or sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant in respect of the premises let to him. '(2) A tenant … part of the landlord to carry out necessary repairs, or undertake adequate maintenance, or effect replacement or parts, or due to the closing down of … (1968) CA123 of 1966 , decided by the supreme Court on 1st 1968 the facts were that a certain estate known as morbaug belonged to … or with both.' 'Explanation I : In this section essential supply or service includes supply or service … another tenant, one Mrs. Mendes, residing on the 3rd floor, filled an Application no.424/RES of 1976 in

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