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R.G. D'souza Shramadeep Housing Society Vs. Poona Employees Union thro ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Trade Unions Act, 1926 - Sections 4, 5, 6, 10, 11 and 22; Trade Unions (Amendment) Act, 2001; Constitution of India - Article 226

Reported in : (2009)IIILLJ466Bom; 2009(4)MhLj95

the active member in the labour movement and interested party, filed an application under Section 10 of the Trade Unions Act, 1926 (Amended Act- 2001) before the second Respondent i.e. the Additional Registrar, Trade Union seeking cancellation of … submission, let us turn to the relevant statutory provisions of the Act to decide the issues involved herein. Section 4. Mode of Registration:(1) Any seven or more members of a Trade Union may, by subscribing their names to … imposed on the members;(g) the manner in which the rules shall be amended, varied or rescinded;(h) the manner in which the members of the executive

Subhashbhai Bhanabhai Patel and 3 ors. Vs. State of Gujarat and 2 ors.

Court : Gujarat

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 10, 25(T), 31, 33A, 33(2) and 33(4); Gujarat Industrial Disputes Rules, 1967 - Rule 66(4); Trade Union Act, 1926 - Sections 22; Trade Unions (Amendment) Act, 2001; Constitution of India - Articles 226 and 227

Reported in : [2008(116)FLR957]; (2007)3GLR2588; (2008)ILLJ1025Guj

In view of the substitution of new Section 22 in the Trade Union Act, 1926 as amended by Trade Unions (Amendment) Act, 2001 with effect from 3rd September 2001, as per explanation to Sub-section (2), the terminated employee shall not be … certiorari or any other appropriate writ, order or direction, to quash and set aside the impugned communication dated 4.9.2003 issued by respondent No. 1 - State of Gujarat and to quash the decision of respondent No. 1

All Escorts Employees Union Vs. The State of Haryana

Court : Supreme Court of India

Subject : Land Acquisition

it is provided in Section 4 that any seven members can make an application for registration. Whereas under Amendment Act, 2001, that seven persons applying for registration must be workmen engaged or employed in the establishment or an industry. … is a registered Trade Union having Registration No.75 of 1968. It was formed and got registered under the Trade Unions Act, 1926 (hereinafter referred to as the ‘Act’) in the year 1968. Its registered office is located at

itc Ltd. Vs. State of Assam and ors.

Court : Guwahati

Subject : Sales Tax

the growth of industries and commerce in those countries. Gradually, therefore, these trade barriers were started being removed. Having witnessed the history of development of … Tax (Amendment) Ordinance, 2005 (hereinafter referred to as 'the AET (Amendment) Ordinance, 2005') or the Assam Entry Tax (Amendment) Act 2005 (hereinafter referred to as 'the AET (Amendment) Act, 2005') are compensatory in nature? What is the difference … such legislation require President's sanction in terms of the proviso to Article 304(b)? Whether the Assam Entry Tax Act, 2001 (hereinafter referred to as 'the AET Act, 2001'), notifications, issued under Section 3(4) thereof, imposing entry tax on … for consumption or use therein which are the exclusive property of the Union Government:Provided also that no such tax shall be payable on the entry

State of Assam and ors. Vs. Chhotabhai Jethabhai Patel Tobacco Product ...

Court : Guwahati

Subject : Sales Tax/VAT

shall be laid before the State Legislature.2. The principal Act was first amended by the Assam Entry Tax (Amendment) Act, 2001 (in short, 'the First Amendment Act'), which was published in the Assam Gazette (Extraordinary) on October 19, 2001 … as it amounts to restriction, directly and ultimately on the movement of trade or commerce, having not saved the same as required under Article 304(b) … not include the grants made to local bodies like municipalities and Panchayat Unions for the repair and maintenance of roads within their jurisdiction and such … Public Distribution of Articles Order, 1982. Sub-section (3) confers power on the State Government to grant exemption and Sub-section (4) of Section 3 authorises the State Government to add to, amend or otherwise modify the schedule to the

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

Subject : MRTP

granted his assent to the same on 31.12.2014, whereupon it came to be enacted as the Constitution (99th Amendment) Act. Section 1(2) thereof provides, that the provisions of the amendment, would come into force from such date as … the Constitution (Eighty-second Amendment) Act, 2000 and the Constitution (Eighty-fifth Amendment) Act, 2001.125. We have not examined the validity of individual enactments of appropriate States … aforesaid factual position, it was pointed out, that there was only one nominee from the political-executive - the Union Minister in charge of Law and Justice. It was submitted, that the remaining two Members, out of the … of Parliament in the Lok Sabha, under the caption “Ahead of the 40th anniversary of the imposition of the Emergency on 25.6.1975”. His views were

Starian Employees Union Through Its Secretary and Ramesh Chandra Son o ...

Court : Allahabad

Subject : Labour and Industrial

Reported in : [2008(117)FLR279]

court appointed by the appropriate government under Sub-section 1 of Section 28-B'. It appears however that the Indian Trade Unions Amendment Act, 1947 has not been enforced. Sub-section 2 of Section 1 of the said Amending Act provides that it … Judge, Kanpur Nagar to decide an appeal against an order of cancellation of registration. By the aforesaid Amending Act 2001 Clause (aa) was added after Clause (a), which is as follows;(aa) where the head office is situated in … Unions Act, 1926. It appears that the Labour Court before which the appeal was filed was constituted under Section 4-A of the U.P. Industrial Disputes Act, 1947. The Labour Court by order dated 21.9.2007 returned the appeal of

Employees State Insurance Corporation Vs. H. Fillunger and Co. Pvt. Lt ...

Court : Mumbai

Subject : Labour and IndustrialCivil

Acts : Employees' State Insurance Act, 1948 - Sections 74 to 83; Limitation Act, 1963 - Sections 5 and 12; Industrial Disputes Act, 1947; Bombay Industrial Relations Act, 1946; Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971; Companies Act, 1956 - Sections 10E, 10F, 397 and 398; Workmen's Compensation Act, 1923 - Sections 30 and 30(1); Code of Civil Procedure (CPC) - Sections 96, 100, 100A, 104(1) and 195; Code of Civil Procedure (CPC) (Amendment) Act; Maharashtra Judicial Officers of the Courts of Enquiry, Labour Courts, Industrial Courts (Recruitment, Appointment and Disciplinary Action) Rules, 1999 - Rule 5; Constitution of India - Article 236

Reported in : 2008(6)ALLMR674; 2008(5)BomCR513; [2008(119)FLR641]; (2009)ILLJ491Bom

done by a legal practitioner or by an officer or a registered trade union authorized in writing by such person or with the permission of … that we are not concerned with the question whether Section 100A of the Code as substituted by the Amendment Act, 2002 is applicable to the appeal before the Division Bench against the judgment and order of a Single … 22/2/2005 thereby allowing First Appeal No. 696 of 2001. In the said First Appeal filed by the … by any other law for the time being in force is expressly preserved. This intention is emphasized by Section 4 which provides that in the absence of any specific provision to the contrary, nothing in the Code is … The Supreme Court referred to its earlier decision in the case of Union of India v. Mohindra Supply Co. : [1962]3SCR497 , wherein the following

BHEL Employees' Association Vs. Union of India (UOi) and Ors.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 14, 15, 16, 17 and 17(2); Income Tax Rules, 1962 - Rule 3; Constitution of India - Article 14; Central Boards of Revenue Act, - Sections 295 and 296

Reported in : (2003)180CTR(Kar)412; [2003]261ITR15(KAR); [2003]261ITR15(Karn)

to 9021 of 2002 is the BHEL Employees' Association which is a registered trade union under the Indian Trade Unions Act, 1926 (hereinafter referred to as 'the Trade Unions Act'). It is claimed by the petitioner in the … household by means of his employment. As a result of the said amendment 10 per cent, of the salaries and the standard rent fixed by … the constitutional validity of-1. Section 17(2)(vi) of the Income-tax Act, 1961, as amended by means of the Finance Act, 2001 ; and 2. Rule 3 of the Income-tax Rules, 1962, as notified by the fifth respondent by means … Dalmia v. Justice S. R. Tendolkar, : [1959]1SCR279 and AIR 1958 SC 44 (sic). It is his submissionthat in the impugned Rule 3 of the

Bajaj Auto Ltd. Vs. Bhojane Gopinath D. and ors.

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 28, 30 and 30(1); Model Standing Orders - Rule 4C; Industrial Employment (Standing Orders) Act, 1946 - Sections 2, 2A, 2A(1), 3, 3(1), 3(2), 3(18), 4, 5, 5(2), 5(3), 6, 6(2), 7, 10, 10(A), 13(1) and 15; Industrial Employment (Standing Orders) (Bombay Amendment) Act, 1957; Industrial Employment (Standing Orders) Central Rules, 1946 - Rule 4C; Bombay Industrial Employment (Standing Orders) Rules, 1959; Industrial Employment (Standing Orders) (Maharashtra Amendment) Act, 1974; Industrial Disputes Act, 1947

Reported in : JT2003(10)SC440; (2004)ILLJ821SC; 2003(10)SCALE77; (2004)9SCC488; 2004(2)SLJ238(SC); 2004(1)LC707(SC)

Aurangabad, filed individual complaints before the Industrial Court at Aurangabad, under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as `the 1971 Act') complaining thereunder that … any industrial establishment before the date of the coming into force of the Industrial Employment [Standing Orders (Bombay Amendment) Act, 1957] (2) Notwithstanding anything contained in the proviso to sub-section (1) model standing orders made in respect of … shall be reinstated in service with 50% back wages from 10th January, 2001 till the date of High Court judgment. The Court further directed that … a group of employers in similar industrial establishments may submit a joint draft of amendments under this section. Section 4: Conditions for certification of standing orders.  Standing orders shall be certifiable under this Act if (a) provision is