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APSRTC rep. by its Regional Manager, A.P.S.R.T.C. and Another Vs. N.V. ...

Court : Andhra Pradesh

Subject : Labour and Industrial

to few judgments of the Apex Court on this aspect. In The Workmen of M/s. Firestone Tyre and Rubber Co. of India P.Ltd., v. The Management and others (AIR 1973 SC 1227(1) the Apex Court while considering … by the petitioner. He further submits that in view of amendment to Section 11-A of the Industrial Disputes Act, 1947 (for short the Act ?), the Tribunal has jurisdiction to go into the merits of the case. Lastly,

Radhey Shyam and anr. Vs. State of Haryana and anr.

Court : Punjab and Haryana

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 2A, 10, 11A and 12

Reported in : (1998)IILLJ1217P& H; (1998)119PLR1

11-A of the Act as interpreted in Workmen of Firestone Tyre and Rubber Co. v. The Management (supra).6. The Government cannot refuse to make a … P-8 on the following grounds :i) The appropriate Government exercising powers under Section 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter called as the Act) is an administrative authority. The appropriate Government did not have any judicial power. … termination under Section 10 of the Act to the Tribunal or the Labour Court?What is the effect of Section 11-A on the powers of the appropriate Government to refer an industrial dispute relating to discharge or dismissal of

The Assistant Superintendent of Post Office Vs. Central Government Ind ...

Court : Punjab and Haryana

Subject : Labour and Industrial

JMP Industries and others 1996(3) RSJ802 legal position was summarized by referring to M/s Fire Stone Tyre & Rubber Co. Vs. The Management AIR1973SC1227and it was held that the Labour Court is required to evaluate the evidence … said application on 20.9.1993 on the ground that case was covered under the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act”.). Thereafter, the Management terminated his services on 21.9.1993 and he was relieved … the opinion that the impugned award is liable to the upheld as Section 11-A of the Act provides that the Labour Court has to satisfy

Sh. Dhir Singh Beldar Vs. the Presiding Officer, Labour Court and ors.

Court : Punjab and Haryana

Subject : Labour and Industrial

upheld by the Labour Court. Hon'ble the Supreme Court in case of Workmen of M/s Firestone Tyre and Rubber Company of India (P) Limited v. The Management and Ors. : 1973 (3) SCR 587, has laid down … his part, the same amounts to retrenchment and since the provisions of Section 25F of the Industrial Disputes Act, 1947, (hereinafter referred to as 'the Act') have not been complied with, the Workman would be entitled to reinstatement … Management and for the first time, the Workman submitted a representation dated 11.03.1998 alongwith the medical certificates dated 14.02.1998 and 10.03.1998, i.e., after a period

Parikshatbhai Madhavbhai Patel Vs. Divisional Controller, G.S.R.T.C., ...

Court : Gujarat

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 11-A; ;Constitution of India - Articles 226 and 227

Reported in : (2000)1GLR65; (2000)ILLJ1054Guj

was placed by Mr., Jani on a decision of the Apex Court in Workmen of Firestone Tyre & Rubber Co. of India P. Ltd. v. The Management & Ors. (1973-I-LLJ-278) (SC). Their Lordships of the Supreme Court, … said to be illegal or without jurisdiction. Relying on the provision of Section 11-A of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'), Mr. Jani submitted that the Labour Court has jurisdiction to exercise discretion

T.T.K.-lig Ltd. Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (2006)(193)ELT169TriDel

importation, to the extent equal to the duty of excise levied as cess under Section 12 of the Rubber Act, 1947 on rubber produced/manufactured in India as on the said date? 2. It appears that the appellants had challenged … the Hon'ble Supreme Court objecting to the reference being made, but as recorded in the order dated November 11, 2005 of Hon'ble the Supreme Court made in Civil Appeal No. 6468/05, after hearing the learned Counsel for

State of Kerala Vs. Madras Rubber Factory Ltd.

Court : Supreme Court of India

Subject : Sales TaxExcise

Acts : Kerala General Sales Tax Act, 1963 - Sections 2 and 5; Rubber Act, 1947 - Sections 12 and 12(1); Rubber (Amendment) Act, 1960; Rubber Rules - Rule 33D

Reported in : AIR1998SC723; JT1997(10)SC298; 1998(1)KLT201(SC); 1997(7)SCALE804; (1998)1SCC616; [1997]Supp6SCR698; [1998]108STC583(SC)

arises for consideration in this batch of cases is whether the cess payable under the provisions of the Rubber Act, 1947 will form part of the purchase turnover of the respondents under the Kerala General Sales Tax, 1963.3. M/s. … the State of Kerala or was sent out of the State for use elsewhere.4. Under the provisions of Section 5 of the Kerala General Sales Tax Act, 1963 (hereinafter referred to as 'the Sales Tax Act') the

Madras Rubber Factory Limited Vs. State of Kerala

Court : Kerala

Subject : Sales Tax

Reported in : [1989]74STC56(Ker)

arises for consideration in these cases is whether the cess payable and paid by the manufacturers, under the Rubber Act, 1947 and the Rules, will form part of their purchase turnover, under the Kerala General Sales Tax Act. In … 1976-77 and 1977-78. The sole respondent in these three revisions is the Revenue. In these revisions, filed under Section 41 of the Kerala General Sales Tax Act, the revision petitioner prays to set aside or annul the … of a learned single Judge, in O.P. No. 5767 of 1986-J dated 11th August, 1986, holding that the cess paid is part of the purchase

Madras Rubber Factory Limited (Mrf Limited), Madras Vs. Rubber Board, ...

Court : Kerala

Subject : Constitution

Acts : Rubber Act, 1947 - Sections 3, 12, 12(1) and 12(2); Rubber Rules, 1955 - Rule 33D; Constitution of India - Article 14

Reported in : AIR1982Ker257; 1984(3)ECC328; 1984(17)ELT81(Ker)

Factory Limited under Article 226 of the Constitution of India for a declaration that Section 12(1) of the Rubber Act 24 of 1947 (for short the 'Act') is violative of Article 14 of the Constitution if construed as … Bench of this Court in the decision reported in Ruby Rubber Works v. Rubber Board, ((1965) Ker LT 1159). This Court pointed out that a combined reading of Section 12 of the Act with R. 33-D of

Sudhakar Shridhar Shelar Vs. Steelage Industries Ltd. and anr.

Court : Mumbai

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947, Sections 10(1) and 11A

Reported in : 2002(6)BomCR266; [2002(95)FLR1124]

v. Motipur Sugar Factory (Private) Ltd., : (1965)IILLJ162SC and the case of The Workmen of Firestone Tyre & Rubber Co. of India (Pvt.) Ltd. v. The Management & others, : (1973)ILLJ278SC in support of his contention that … were terminated by way of dismissal on 4-8-1977. The petitioner, therefore, approached the machinery under the Industrial Disputes Act, 1947 for redressal of his grievance. 3. A reference was made for adjudication before the Labour Court. The petitioner … perverse would lead to great prejudice to the workmen. He urges that section 11-A of the Industrial Disputes Act (for short hereinafter referred to as