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Jan 07 2009

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

Court : Delhi

Decided on : Jan-07-2009

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

the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer or other employee … 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

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Jul 07 2006

C.A.D. Civilian Workers' Union and Ors. Vs. State of Maharashtra and O ...

Court : Mumbai

Decided on : Jul-07-2006

Subject : Other Taxes

Acts : Maharashtra State Tax on Professions, Traders, Callings and Employment Act, 1975 - Sections 3 and 27A; Maharashtra State Tax on Professions, Traders, Callings and Employment (Amendment) Act, 1991; Trade Unions Act; Army Act, 1950 - Sections 2(1), 2(2), 3, 4 and 21; Air Force Act, 1950 - Sections 2; Navy Act, 1957 - Sections 3(10); Air Force Law; Constitution of India - Article 14, 19(1) and 33; Central Civil Services (Classification, Control and Appeal) Rules, 1965; Defence Service (Field Services Liability) Rules, 1957; Army Rules, 1954

Reported in : 2006(6)ALLMR256; 2006(5)BomCR901; 2006(5)MhLj503

to say, to whom the provisions of the Army Act, 1950, the Air Force Act, 1950, or the Navy Act, 1957 apply serving in any part of the State.Sub-sections (b), (c) and (d) are not relevant hence are not … because they were not members of Armed Forces as contemplated under Article 33 of Constitution of India. The Union of India opposed the stand and … Tax Officer in denying them exemption from payment of profession tax and the petitioners rely upon provisions of Section 27-A(a) of Maharashtra State Tax on Professions, Traders, Callings and Employment Act (16 of 1975), (hereinafter referred to

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Dec 15 1998

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

Court : Mumbai

Decided on : Dec-15-1998

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

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 or other employee of a … 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

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Mar 07 2003

Indian Air Force Employees Union Vs. State of Maharashtra,

Court : Mumbai

Decided on : Mar-07-2003

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

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 substitutedon 22.2.1991 by Maharashtra … 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.

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Mar 09 2006

Gujarat Rajya Police Inspectorassociation Vs. State of Gujarat and anr ...

Court : Gujarat

Decided on : Mar-09-2006

Subject : Civil

Acts : Police Forces (Restriction of Rights) Act, 1966 - Sections 3(1), 6, 6(1), 220(2A) and 408(1); ;National Security Act; ;Army Act, 1950; ;Air Force Act, 1950; ;Navy Act, 1957; ;Police Force (Restriction of Rights) Amendment Rules, 1970 - Rules 3, 8 and 9; ;Police Forces (Restriction of Rights) Rules, 1966; ;Police Forces (Restrictions of Rights) Amendment Rules, 1967; ;Constitution of India - Articles 14 and 16, 19, 19(1), 19(4), 21, 33, 226, 227 and 311

Reported in : (2006)2GLR1399

in Article 33 of the Constitution, in the Army Act 1950, the Air Force Act, 1950 and the Navy Act, 1957 provision has been made for the restriction or abrogation of the rights conferred by Part III of the … Force (Restriction of Rights) Amendment Rules, 1970 made in exercise of the powers conferred by Sub-section (1) of Section 6 of the Police Forces (Restriction of Rights) Act, 1966. The matter was, therefore, adjourned so as to

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Sep 06 2000

Pratiraksha Mazdoor Sangh and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Decided on : Sep-06-2000

Subject : Other Taxes

Acts : Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975 - Sections 27A; Constitution of India - Articles 14 and 226

Reported in : 2001(2)BomCR414

to say, to whom the provisions of the Army Act, 1950, the Air Force Act, 1950, or the Navy Act, 1957 apply serving in any part of the State, (b) x x x(c) x x x(d) x x x(B) … Division Bench of this Court taking into account the provision of Article 33 of the Constitution of India and considering the effect of the Apex … under the Army Act, 1950, so as to get themselves included in the class of persons exempted under section 27-A of the Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975 ('Act' for short) from

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Jul 14 2009

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

Court : Chennai

Decided on : Jul-14-2009

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

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 of the Central Reserve Police Force to whom the Central … 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,

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Dec 03 1994

Pushpa Gupta Vs. Chairman and Managing Director, Engineers India Ltd. ...

Court : Delhi

Decided on : Dec-03-1994

Subject : Service

Acts : Constitution of India - Article 226

Reported in : 1995IAD(Delhi)63; 56(1994)DLT735; 1994(31)DRJ691; (1995)ILLJ1023Del

person:- (i) Who is subject to the Air Force Act, 1950, or the Army Act, 1950, or the Navy Act, 1957; or (ii) Who is employed in the police service or as an officer or employee of a prison;-or … the responsibility attached to the particular 'employment that attracts the definition of 'workman' under the Industrial Disputes Act. Section 2(s) of the Industrial Disputes Act reads thus: 'Section 2(s) -: 'Workman' means any person (including an apprentice) … would also become entitled to apply before the Industrial Court under Section 33(0(2) of the Act for payment of salary from the date of dismissal

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May 29 2012

Commander Ravinder Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Decided on : May-29-2012

Subject : Education

convened then it cannot be dissolved except on the conditions which are mentioned in Section 123 of the Navy Act, 1957. Section 123 of the Navy Act, 1957 reads as under; “123. Provisions relating to dissolution of courts-martial – (1) … without leave for 216h and thereby committed an offence punishable under Section 51 of the Navy Act, 1957.” 33. Out of 9 charges levelled against the petitioner, petitioner was found guilty of Charge Nos, 4, 6, 8

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Sep 02 1992

Mangal Singh Bhatti Vs. Union of India (Uoi) and ors.

Court : Kerala

Decided on : Sep-02-1992

Subject : Criminal

Acts : Navy Act, 1957 - Sections 78, 78(1) and 78(2); Navy Regulations - Regulations 28, 30, 149 and 151; Army Act, 1950; Air Force Act, 1950; Criminal Courts and Court Martial (Adjustment of jurisdiction) Rules, 1978 - Rules 2, 3, 4, 5, 6, 8 and 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 192, 209, 240, 246(1), 252, 254, 255(1), 255(2), 256(1), 257, 475 and 475(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 549

Reported in : 1993CriLJ3070

seeking transfer of the case of the detenu to the Commanding Officer, INS Venduruthy, for trial under the Navy Act, 1957, and in accordance with the provisions of Section 78 of the Navy Act, 475 of the Cr.P.C. and … Supreme Court in Delhi Police Establishment v. Lt. Col. S.K. Loraiaya, AIR 1972 SC 2548: (1973 Cri LJ 33), is designed to avoid conflict of jurisdiction in respect of offences triable by both the Court martial and

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