Mumbai Court September 1958 Judgments
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Standard Vacuum Refining Company of India Ltd., Bombay and anr. Vs. th ...
Court: Mumbai
Decided on: Sep-05-1958
Reported in: (1959)IILLJ435Bom
1. This is a reference by the Government of Bombay under S. 10(1) of the Industrial Disputes Act, 1947, for adjudication of a dispute between the Standard Vacuum Company of India, Ltd., Bombay, and the workmen employed in refineries under it over the following demand :- 'The contract system for cleaning the premises and plant should be abolished and workers working in the refinery or for the Refinery through the Ramji Gordhan and Company should be treated as workers of the Standard Vaccum Refining Company of India, Ltd., Bombay, and wage-scales, conditions of service, etc., that are applicable to the workers of the refinery be made applicable to them. Past service of these workers should be counted and they should be treated as continuously in the service of the Stanvac Refinery from the date of their entertainment.' 2. In the statement of claim, filed by the Petroleum Refineries Employees' Sabha, it is stated that the sabha has as its members a majority of the workmen employed by the ...
Arvind Mills Co-operative Supply Society Ltd., Ahmedabad and anr. Vs. ...
Court: Mumbai
Decided on: Sep-04-1958
Reported in: (1959)IILLJ107Bom
Acts/Rules/Orders: Industrial Disputes Act, 1947 - Section 25F; Factories Act, 1948 - Sections 46 and 54AWARD1. Both these disputes were referred for adjudication to Sri Syed Taki Bilgrami, and are transferred to this tribunal by the president of the industrial court. In both these references with the exception of one demand, all other demands are identical. Moreover, the dispute is about wages and other conditions of work of workmen employed in the canteens which the textile mills in the State have to maintain under the rules framed under S. 46 of the Factories Act. The employers are two co-operative societies and the employees are the workmen employed in the canteens managed by these co-operative societies. Consequently, the demands are regarding wage structure and other conditions of service of workmen employed in the same industry. With the consent of the parties, therefore, I have heard both the references together and I am making a common award. 2. The demands which are identical...
India United Mills Ltd. Vs. Regional Provident Fund Commissioner
Court: Mumbai
Decided on: Sep-04-1958
Reported in: (1959)61BOMLR1385; (1959)IILLJ733Bom
1. The petitioner-company is a public joint stock company incorporated under the Indian Companies Act 1913. The petitioner-company carries on business of manufacturing and selling textile piecegoods. The petitioner-company in the course of its business employs a large number of workers. Between 30 October, 1955 and 15 February, 1957, the petitioner-company terminated the service of 41 employees. Some of the persons whose services were terminated were operatives and some were clerks. The standing orders as finally settled by the industrial court under S. 36(3) of the Bombay Industrial Relations Act, 1946, applicable to the petitioner-company provide by order No. 19(a) that the employment of any permanent operative may be terminated by fourteen day's notice or by payment of thirteen days' wages in lieu of notice. The standing orders applicable to clerks provide by order No. 10 that the employment of any permanent employee may be terminated by one month's notice or one month's pay in lieu...
The State of Bombay Vs. Kulsumbai Jafferali G. Padamsee
Court: Mumbai
Decided on: Sep-04-1958
Reported in: (1959)61BOMLR263
M.C. Chagla, C.J.1. Various interesting and ingenious points arise in this appeal. That is to be expected because this is an appeal from a petition challenging a requisition order, and so long as the Requisition Act is on the statute book and so long as requisition orders are made, novel and ingenious arguments will always be advanced before the Court.2. The facts that give rise to this appeal are that the impugned requisition order was passed on October 10, 1957, under Section 6(4)(a) of the Requisition Act. The order stated that the vacancy had occurred in the month of March 1957, there was a declaration by the Government that the premises had become vacant after December 4, 1947, and the premises were being requisitioned for a public purpose, viz., for housing a Bombay State Government servant. The premises concerned are three rooms Nos. Fl, F2 and F3 on the 5th floor of a building known as Chhotu Terrace situated at 105, Colaba Road, Bombay 5. The facts with regard to these premise...
Narayanlal Bansilal Vs. Maneck Phiroze Mistry and anr.
Court: Mumbai
Decided on: Sep-03-1958
Reported in: AIR1959Bom320; (1959)61BOMLR220; ILR1959Bom952
Chagla, C.J.1. This appeal raises several important questions concerning the provisions of the new Companies Act of 1956. The facts which are necessary to state are very few. The appellant, who is also the petitioner, is the managing agent of a limited company called the Harinagar Sugar Mills Ltd. On 15-11-1954 the Registrar of Companies called for an explanation from the Harinagar Sugar Mills Ltd., and the Registrar stated in his letter that it had been represented to him under Section 137(6) of the Indian Companies Act that the business of the company was carried on in fraud and he had therefore to call upon the company to furnish the information which he required which was set out in the latter part of the letter. On 15-4-1955 the Registrar made a report to the Central Government. This report was made under Section 137(5) of the old Companies Act and the report was that the affairs of the company were carried out in fraud of contributories and he was of the opinion that the affairs ...
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