Chennai Court September 2001 Judgments
Madura Coats Ltd. Vs. Presiding Officer, Principal, Labour Court and a ...
Court: Chennai
Decided on: Sep-21-2001
Reported in: (2002)ILLJ313Mad
P. Sathasivam, J. 1. Aggrieved by the order of the learned single Judge, dated December 23, 1997, made in WP. No. 10687 of 1990, the management-Madura Coats Ltd., Ambasamudram, has preferred Writ Appeal No. 274 of 1998. Against the very same judgment with regard to rejection of back wages to the extent of 50 per cent, the workman second respondent therein preferred Writ Appeal No. 1485 of 2000.2. For the convenience, we shall refer the parties as arrayed in the writ petition, The writ petitioner-management, questioning the award of the Labour Court dated March 26, 1990, in I.D. No. 230 of 1987 has preferred W.P.No. 10687 of 1990 to quash the said award. The case of the petitioner-management is briefly stated hereunder: The petitioner is a textile mill engaged in the manufacture of yarn, cloth and sewing thread. The petitioner employs about 6000 workmen in its factory at Ambasamudram. The second respondent was employed as substitute in the bleaching, dyeing and finishing department in t...
Tag this Judgment!Apparels and Handloom Exporters Association and ors. Vs. State of Tami ...
Court: Chennai
Decided on: Sep-21-2001
Reported in: [2003]129STC167(Mad)
ORDERR. Jayasimha Babu, J.1. Counsel contends that the words in Article 366(29-A) of the Constitution 'whether as goods or in some other form' which are found in parenthesis in Article 366(29-A), sub-clause (b) which reads ; 'a tax on the transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract'--should be understood to mean, the goods which change their form into other goods, and are used in the changed form in carrying out a works contract, and therefore the provision in Section 3-B(2)(b) of the TNGST Act which reads 'all amounts for which any goods, specified in the First Schedule or Second Schedule, are purchased from registered dealers liable to pay tax under this Act and used in the execution of works contract in the same form in which such goods were purchased', is inconsistent with Article 366(29-A) and therefore the allegedly offending words in Section 3-B(2)(b) of the Act should be struck down.2. Sub-section (2) to S...
Tag this Judgment!Perambalur Sugar Mills Employees Union Ltd. and anr. Vs. Perambalur Su ...
Court: Chennai
Decided on: Sep-21-2001
Reported in: (2002)IILLJ1006Mad
P. Sathasivam, J.1. Perambalur Sugar Mills Employees' Union (CITU), represented by its Secretary, aggrieved by the order of the learned single Judge, dated February 11, 1997, made in Writ Petition No. 20861 of 1994, wherein the learned Judge confirmed the order of the second respondent Labour Court, Tiruchirapalli, in dismissing the claim of the writ-petitioner has preferred the above appeal.2. In Writ Petition No. 13112 of 1993, the petitioners, namely, Perambalur Sugar Mill Pattali Thozhil Sangam through its Secretary seeks to issue a writ of mandamus directing the respondents- management of Perambalur Sugar Mills to appoint 63 workers as Mazdoors (casuals) discharged on May 11, 1988 (whose names are furnished in the typed set of documents) in the regular service of the second respondent mill before recruiting any juniors or other outsiders until all these 63 persons of the petitioner- union are so appointed. Since the question raised in the appeal and in the writ petition is similar...
Tag this Judgment!Tamil Nadu MIn Oppanthakararkal MIn Eanipalarkal Central Association R ...
Court: Chennai
Decided on: Sep-21-2001
Reported in: (2001)3MLJ771
ORDERK.P. Sivasubramaniam, J.1. These two writ petitions are filed by the respective Association registered as Trade Union under the Trade Unions Act, 1926, the members of the Association being licensed Electrical Contractors. The petitioners pray for the issue of a writ of certiorarified mandamus to call for the records relating to B.P.(FB) No. 25 (Accounts Branch) dated 31.10.2000 of the Tamil Nadu Electricity Board to quash the same and to direct the respondent to follow the existing procedure for effecting new service connection in respect of all low tension services by the Tamil Nadu Electricity Board.2. According to the petitioner, respondent/ Board is constituted under the Indian Electricity Supply Act, 1948. The power to frame the regulations came to be vested on the Electricity Board by virtue of Section 37 of the Indian Electricity Act, 1910. Under Section 26 of the Indian Electricity (Supply) Act, 1948 powers and obligations of the licensees are controlled. Therefore, being ...
Tag this Judgment!Collector of Customs Vs. Meena A. Bharwani
Court: Chennai
Decided on: Sep-21-2001
Reported in: 2006(194)ELT273(Mad)
C. Nagappan, J.1. This writ appeal has been preferred against the order of the learned Single Judge, dated 10-3-1994, made in W.P. No. 1091 of 1986 on the file of this Court .2. The respondents are the appellants herein.3. The petitioner is a resident of Okinawa, Japan and on a visit to India to see her parents, she arrived along with her new-born child in Madras on 30-5-1979. The journey from Tokyo to Madras had been re-routed through Colombo due to unavoidable reasons. At the time when she arrived at the Madras Airport, she was exhausted and was in a hurry to get through the customs. She was wearing and having in her baggage gold and diamond studded jewellery and had not declared the same to the authorities. The Additional Collector of Customs by his order confiscated the gold jewellery weighing 52 grams valued at Rs. 4680/- and diamond studded jewellery valued at Rs. 25/400/- under Section 111(d) and (i) of the Customs Act, 1962. He also imposed a penalty of Rs. 6000/-to the petitio...
Tag this Judgment!Arthanari and anr. Vs. S. Seshagiri Rao and ors.
Court: Chennai
Decided on: Sep-21-2001
Reported in: (2001)3MLJ808
ORDERV. Kanakaraj, J.1. This civil revision petition is directed against the fair and decretal order dated 28.6.2001 made in R.E.A.No. 34 of 2001 in R.E.A.No. 15 of 2001 in R.E.P.No. 107 of 1995 in O.S.No. 178 of 1997 by the Court of District Munsif, Dharmapuri, thereby dismissing the application filed by the petitioners herein under O.21, Rule 11, C.P.C. praying for the delivery of possession of the petition mentioned properties, as per the procedures established under O.21, Rules 22 and Section 35, C.P.C.2. After all, it is an application filed under Section 148, C.P.C. before the Court below seeking an extension of time from 28.3.2001 for the payment of the cost of Rs. 100 as ordered by the Court below, for the Court to send for certain documents, thus conditionally allowing the said application in R.E.A.No. 15 of 2001 and the said amount since should have been paid on or before 28.3.2001 as per the order passed by the Court below, had not been able to be paid by the petitioner and ...
Tag this Judgment!L.S. Sadapopan (Died) and anr. Vs. K.S. Sabarinathan
Court: Chennai
Decided on: Sep-20-2001
Reported in: AIR2002Mad278; (2001)3MLJ615
M. Karpagavinayagam, J.1.L. S. Sadagopan, the appellant herein, is the defendant in the suit in O. S. No. 2549 of 1981 on the file of the VI Additional Judge, City Civil Court, Madras filed by K. S. Sabarinathan, the respondent herein, for specific performance of the agreement to sell dated 14-5-1973. Since the suit was decreed in favour of the respondent/ plaintiff, the same is challenged in this appeal by the appellant/defendant.2. The case of the respondent/plaintiff is as follows :--'(a) The defendant/appellant was allotted with Plot No. 477 in K. K. Nagar by the Tamil Nadu Housing Board on 1-4-1969. On his request, the respondent/plaintiff advanced the full amount and paid the same to the Housing Board. Thereafter, the defendant mortgaged the plot to the Madras City Cooperative House Mortgage Society Limited for Rs. 25,000/- for putting up a construction on the plot. (b) On 14-5-1973, the defendant entered into an agreement with the plaintiff by which the defendant agreed to trans...
Tag this Judgment!Varadakkal Vs. Regional Provident Fund Commissioner and anr.
Court: Chennai
Decided on: Sep-20-2001
Reported in: [2002(92)FLR1192]; (2002)ILLJ1018Mad; (2002)1MLJ279
ORDERS. Jagadeesan, J. 1. The plaintiff in O.S.No. 1351 of 1984 on the file of the District Munsif, Coimbatore, is the appellant. The suit has been filed for recovery of a sum of Rs. 10,264.35 with future interest on the ground that her husband one Palanisamy Konar died on September 10, 1976, who was working in Varadaraja Mills. During his employment he made contribution towards Employees' Provident Fund and he had nominated one Palaniammal, his concubine, as the successor for the benefit. However, immediately after the death of the said Palanisamy Konar, the appellant, through her counsel, issued notice under Ex. A-10, claiming the death benefit of her husband.2. The appellant also filed O.P.No. 159 of 1977 on the file of the Sub Court, Coimbatore, claiming Succession Certificate for 1/3rd share, giving out the 2/3rd share to the sons of her husband through his concubine. As the respondents did not pay the amount the suit was filed.3. In the written statement, the first respondent has...
Tag this Judgment!Yadhavakrishnan N. Vs. G.M., T.N. State Transport Corporation Ltd. and ...
Court: Chennai
Decided on: Sep-20-2001
Reported in: (2002)IVLLJ842Mad
ORDERP.D. Dinakaran, J. 1. With the consent of learned counsel on either side, both the writ petitions are taken up today for final disposal.2. Even though the petitioners were originally appointed as Conductors, thereafter, they were transferred and posted as Computer Operators with special pay. However, the respondent Corporation proposed to re-transfer them as Conductors. Hence, the petitioners, in both writ petitions, seek for the issuance of a writ of mandamus directing the respondent to regularise the services of the petitioners in the post of Electronic Data Processing Operator from the date of their initial engagement as Electronic Data Operators and continue them as Computer Operators in the respondent Corporation, on the ground that without notice under Section 9-A of the Industrial Disputes Act, the petitioners cannot be transferred from the post of Computer Operators to that of Conductors, which would deprive them to get the special allowance paid to the post of Computer Op...
Tag this Judgment!Mohanarangam Vs. the Executive Engineer, Madras Metropolitan Water and ...
Court: Chennai
Decided on: Sep-20-2001
Reported in: (2001)3MLJ744
ORDERE. Padmanabhan, J.1. The petitioner prays for the issue of a writ of certiorari calling for the records relating to the land acquisition proceedings in G.O.Ms.No. 884, Municipal Administration and Water Supply Department, dated 10.9.1987 with reference to item Nos. 5, 6, 9 and 14 in issuing a Notification under Section 4(1) of the Land Acquisition Act and the declaration under Section 6 of the Act issued in G.O.Ms.No. 487, Municipal Administration and Water Supply Department, dated 23.5.1990 and quash the same.2. Heard Mrs. C.R. Rukmani, learned Counsel for the petitioner, Mr. A. Arumugham, learned Counsel appearing for the first respondent and Mr. D. Munusamy, learned Special Government Pleader appearing for respondent Nos. 2 to 4.3. A Notification under Section 4(1) of the Land Acquisition Act was published in G.O.Ms, No. 884, Municipal Administration and Water Supply Department, dated 10.9.1987. The said Section 4(1) Notification was published in the Government Gazette dated 21...
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