Mumbai Court October 1959 Judgments
Moon Mills Ltd. Vs. Rashtriya Mill Mazdoor Sangh
Court: Mumbai
Decided on: Oct-24-1959
Reported in: (1960)ILLJ79Bom
ORDER1. This is an appeal against an order of the Judge, First Labour Court, Bombay, directing the appellant mill company to withdraw an illegal change.2. The facts of this case are that the Rashtriya Mill Mazdoor Sangh, Bombay, which is a representative union made an application to the Labour Court under S. 78(1)A(c) read with S. 79(1) of the Bombay Industrial Relations Act, against the appellant company in which its case was as follows : On 1 March 1956, the sangh entered into a five year bonus agreement with the Millowners' Association, Bombay, representing its member mills. On 13 March 1956, the industrial court made an award in terms of the agreement. The appellant mill company was not a party to this agreement. Thereafter, the award was made applicable to and binding on this company by a notification by the Government of Bombay issued on 31 July, 1956 under S. 114(2) of the Bombay Industrial Relations Act. Clause (10) of the abovementioned agreement provided a scheme to determine...
Tag this Judgment!Danyando Sambhiji Warhade and anr. Vs. Shankarappa Ummappa Banagire
Court: Mumbai
Decided on: Oct-22-1959
Reported in: (1960)62BOMLR178
ORDER(1) This is an application for revision by two persons who are undergoing trial in the Court of the Magistrate, First Class, Buldana, for having committed an offence under S. 47 of the C. P. and Berar Industrial Disputes Settlement Act, 1947. The first applicant is the Managing Director of a private limited company known as the Deccan Motor Service Private Limited, Chikhali, and the second applicant was at all material times the Secretary of he Company. In consequence of certain labour disputes arising in the Company, an agreement was reached on 3-12-1957 between the Labour Officer appointed under the said Act and the two applicant as representing the Company. It is to be noticed that under the definition inS. 2(24) of the Act, the Labour Officer was acting as a representative of the employees in that dispute. The settlement was in regard to an individual worker, the complainant Shankarappa Umappa Bhanagire who was a motor stand manager. In consequence of the retrenchment of the p...
Tag this Judgment!Dnyandeo Sambhuji Warhade and anr. Vs. Shankarappa Ummappa Bhanagire
Court: Mumbai
Decided on: Oct-22-1959
Reported in: 1960CriLJ1572
ORDERKotval, J.1. This is an application for revision by two persons who are undergoing trial in the Court of the Magistrate, First Class, Buldana, for having committed an offence Under Section 47 of the C. P. and Berar Industrial Disputes Settlement Act, 1947. The first applicant is the Managing Director of a private limited company known as the Deccan Motor Service Private Limited, Chikhali, and the second applicant was at all material times the Secretary of the Company. In consequence of certain labour disputes arising in the Company, an agreement wa3 reached on 3 12 1957 between the Labour Officer appointed under the said Act and the two applicants as representing the Company, It is to be noticed that under the definition in Section 2(24) of the Act, me Labour Officer was acting as a representative of the employees in that dispute. The settlement was in regard to an individual worker, the complainant Shankarappa Umappa Bhanagire who was a motor stand manager. In consequence of the ...
Tag this Judgment!Gorakhram Gokalchand Vs. Raizada Topandas
Court: Mumbai
Decided on: Oct-19-1959
Reported in: (1960)62BOMLR126
Datar, J. 1. These two appeals arise out of two suits filed in the Bombay City Civil Court at Bombay. Suit No. 2058 of 1959 is filed by Messrs Gorakhram Gokalchand, a firm carrying on business at Choksey Chamber, Zaveri Bazaar, Bombay. Their case is that they are the tenants of a shop hearing No. 582/638. Defendants Nos. 1 and 2 are father and son and are carrying on business in art silk goods. By an agreement dated June 23, 1955, defendant No. 1 appointed the plaintiffs as his commission agents for the purpose of the sale of cloth at the said shop of the plaintiffs at Mulji Jetha Market. It was agreed that the agreement shall remain in force for a period of four years terminating on June 30, 1959. It was further agreed that the plaintiffs should be entitled to the commission at the rate of 2 annas per sale of goods worth Rs. 100, defendant No. 1, however, guaranteeing a minimum amount of Rs. 500 per month as and by way of commission. In para. 5 of the plaint the plaintiffs referred to...
Tag this Judgment!The Premier Automobiles Ltd. Vs. Ramchandra Bhimayya and anr.
Court: Mumbai
Decided on: Oct-15-1959
Reported in: (1960)62BOMLR199
Chainani, C.J.(1) The petitioner is a company registered under the Indian Companies Act. Respondent No. 1 was employed by the petitioner as a fitter in its repair workshop. There was a dispute between the company and its workmen in regard to bonus for 1956-57. This was referred for adjudication to the second Respondent under section 10(2) of the Industrial Disputes Act, 1947. During the pendency of the proceedings before the Tribunal, the first respondent was dismissed by the petitioner on 10th October 1958. The charge against him was that he had thrown stones at the staff Manager's car on 5th May 1958. On 19th November 1958 the petitioner made an application to the second Respondent for granting its approval to the action taken by it under Section 33(2) of the Act. The Tribunal took the view that the application should have been made before the first respondent was dismissed. As the application was made after the order of dismissal ad been passed, the Tribunal refused to grant its app...
Tag this Judgment!Premier Automobiles Ltd. Vs. Ramachandra Bhimayya Polkam
Court: Mumbai
Decided on: Oct-15-1959
Reported in: [1960(1)FLR160]; (1960)ILLJ443Bom
Chainani, C.J.1. The petitioner is a company registered under the Indian Companies Act. Respondent 1 was employed by the petitioner as a fitter in its repair workshop. There was a dispute between the company and its workmen in regard to bonus for 1956-57. This was referred for adjudication to respondent 2 under S. 10(2) of the Industrial Disputes Act, 1947. During the pendency of the proceedings before the tribunal, respondent 1 was dismissed by the petitioner on 10 October, 1958. The charge against him was that he had thrown stones at the staff manager's car on 5 May, 1958. On 19 November, 1958 the petitioner made an application to respondent 2 for granting its approval to the action taken by it, under S. 33(2) of the Act. The tribunal took the view that the application was made after the order of dismissal had been passed, the tribunal refused to grant its approval to the action taken by the petitioner against respondent 1 and rejected the application made by the petitioner. This ord...
Tag this Judgment!Mohanlal Prabhuram Vs. Fine Knitting Mills Co. Ltd.
Court: Mumbai
Decided on: Oct-14-1959
Reported in: (1960)62BOMLR195; [1960(1)FLR156]; (1960)ILLJ439Bom
(1) This purports to be an application in revision under section 115 of the C. P. C. from the order of the Ex-officio Commissioner for Workman's Compensation, Ahmedabad the material facts may be briefly stated as follows:One Deoshankar and another Mohanlal were working in the Fine Knitting Mills Company Ltd., at Ahmedabad. On 29-7-1955, they made applications before the Commissioner under the Workmen's Compensation Act, stating that they received personal injuries by accident arising out of and in the course of the employment. They stated known persons who were instigated by one Meghasing on behalf of the company. The applicant Deoshankar had a fracture on his hand. The applicants were removed to the Civil Hospital. Deoshankar had a swelling on his right ankle, and Mohanlal had a fracture on his hand. The applicants were removed to the Civil Hospital. Deoshankar was discharge on 4-8-1955, and Mohanlal was discharged on 24-10-1955. The monthly wages of Deoshankar amounted to Rs. 110/- a...
Tag this Judgment!State Vs. Devsi Dosa
Court: Mumbai
Decided on: Oct-14-1959
Reported in: (1960)62BOMLR316; 1960CriLJ1317
Petel, J.(1) This is an appeal by the State against the acquittal recorded by the Presidency Magistrate, 7th Court, Dadar, in favour of the accused in a prosecution under Section 204, Indian Penal Code.(2) The Inspector of Money Lenders, Bombay City, was once passing by the shop of the accused No. 1 along with a colleague of his. He found that accused no. 1 was exchanging money for some ornaments with some of his customers. Supsecing that that was an illicit money-lending transaction he inspected the shop. A notice was given to him under Section 13-A of the Bombay Money Lenders' Act, 1946, and in response to it the accused No. 1 produced before him certain books of account. Those were three diaries of which he made a list. From these books of accounts he made certain extracts which referred to certain money-lending transactions by the accused. After inspection the books were returned to the accused and his receipt obtained, which is Exd. B in the case. That is dated 29th of June 1955. ...
Tag this Judgment!Jeewanlal (1929) Ltd. Vs. Jeewanlal Employees' Union
Court: Mumbai
Decided on: Oct-12-1959
Reported in: (1960)ILLJ86Bom
1. This matter has been referred to me under Sub-section (1) of S. 36A of the Industrial Disputes Act, 1947 (XIV of 1947), for interpretation of certain terms of my award dated 28 April, 1951 in Reference (I.T.) No. 158 of 1950 as in the opinion of Government a difficulty has arisen as to the interpretation of the term 'continuous service' occurring in the above decision. The directions given by me in respect of gratuity which require interpretation are as follows :- 'I therefore direct the company to pay to its workers gratuity as follows :- (i) On the death of an employee while in the service of the company or on an employee becoming physically or mentally disabled to continue further in service - Half a month's wages for each year of service subject to a maximum of ten months' wages to be paid to him or to his heirs, executors, assigns or nominees as the case may be. (ii) On the termination of his service by the company after five years' continuous service - Gratuity at the same r...
Tag this Judgment!State Vs. Shankar Balaji Waje
Court: Mumbai
Decided on: Oct-09-1959
Reported in: (1959)61BOMLR1676; 1960CriLJ896; (1961)IILLJ8Bom
S.T. Desai, J.(1) This Reference by the Additional Sessions Judge, Nasik, raises the vexed question of the connotation of the expression 'employed' in S. 2(1) of the Factories Act which gives the interpretation of a 'worker.' It involves a decision trifling in pecuniary amount, but of considerable consequence to a large number of persons engaged as bidi rollers by manufacturers of bidis. The decided cases do not lay down any definition exclusive or inclusive of the expression 'employed' nor any criterion of absolute applicability as to the exact conception of that expression used in the Factories Act (to be referred to by us as the Act). The question tha we have to determine is whether the relationship of employer and employee subsisted between the owner of a Bidi factory and a person rolling bidis in that factory and the question arose when the Inspector of Factories prosecuted the owner for contravening the provisions relating to leave in S. 79 of the Act. Four indices of a contract ...
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