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Mumbai Court September 1982 Judgments

Sep 02 1982

Maharashtra General Kamgar Union Vs. Mazdoor Congress and ors.

Court: Mumbai

Decided on: Sep-02-1982

Reported in: 1983(1)BomCR381; 1983MhLJ147

B.C. Gadgil, J.1. This appeal involves the legality and the correctness of certain orders that have been passed by the Industrial Court in a proceeding under section 13 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act of 1971') 2. To understand the controversy between the parties, it would be convenient to give the details of the proceedings that are pending under the Act of 1971 and the grounds on which those proceedings have been filed. The Act of 1971 has made provisions for the recognition of trade unions, the cancellation of such recognition etc. Under section 11, any union can make an application for its recognition if that union has for the whole of the period of six calendar months immediately preceding the calendar month in which the application is made, a membership of not less than thirty per cent of the total number of employees employed in any undertaking. The said application is inquire...

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Sep 01 1982

Indian Hume Pipe Co. Limited Vs. P.S. Malvankar and Others

Court: Mumbai

Decided on: Sep-01-1982

Reported in: [1983]140ITR392(Bom); (1983)ILLJ174Bom

Lentin, J.1. The only controversy which is raised before us in this appeal is whether the appellant (original petitioner) (referred to hereafter as 'the Company') is liable to pay dearness allowance with retrospective effect from 1st January, 1968 to its daily rated workmen employed in its wadala factory.2. The facts leading to this appeal are as under :(A) The Company carries on certain manufacturing business, one of its factories being at Wadala. By its latter dated 2nd January, 1965 addressed to the Company, the employees' union demanded in respect of the daily rated workmen at the Wadala factory, a revision of wage scales with effect from 1st January, 1964, in the alternative wage scales based on certain daily rates. Pertaining to dearness allowance, the demand was as under : '2. Dearness allowance : Existing scale of dearness allowance should be revised and the workmen should be paid dearness allowance on the following basis with effect from 1st January, 1964.' (B) After the conci...

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Sep 01 1982

Dashrath Pirji Date Vs. Mahadeo N. Kane and anr.

Court: Mumbai

Decided on: Sep-01-1982

Reported in: 1984(2)BomCR430; 1983MhLJ43

S.C. Pratap, J.1. As respondent No. 1-original defendant failed to pay the decretal dues of the petitioner-plaintiff under the decrees passed in his favour in Summary Suit No. 2249/3317 of 1975 and Summary Suit No. 2250/3318 of 1975, the plaintiff took out two notices for detaining the defendant in civil prison. As both these notices related to the same parties with the same facts and law involved, both the notices were disposed of by the learned trial Judge by a common judgment. By the said judgment, the learned trial Judge discharged both the notices. It is against this order that the plaintiff has filed the present revision application.2. In support of the petition, I have heard Mr. S.N. Satpute, learned Counsel for the petitioner-plaintiff instructed by Mr. P.M. Khankar. Respondent No. 1 - defendant though served has not chosen to appear either personally or through any Advocate of this Court.3. The learned trial Judge has discharged the notices on the ground that though the defend...

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Sep 01 1982

Nagpur Hotel Owner's Association Vs. City of Nagpur Corporation

Court: Mumbai

Decided on: Sep-01-1982

Reported in: (1982)84BOMLR600

Mohta, J.1. Two broad classifications of consumers - domestic and non-domestic - were made by the Corporation for the City of Nagpur for charging different rates for water supplied by meter. Legality of this is questioned in this petition by a registered society of hotel owners and a proprietor of a lodge in the city.2. In exercise of the powers conferred by Sub-section (1) of Section 418 of the City of Nagpur Corporation Act, WS ('The Act' for short), the State Government confirmed the City of Nagpur Corporation Assessment and Collection of Water Rates Bye-laws, 1966, made by the Administrator. Bye-law No. 6(a) provides for charging according to the quantity of water consumed and registered by meter. Sub Clause (b) provides for charging on the basis of annual value of the building or land till meter is not fixed and till such time as may be granted by the Commissioner to fix the same. Sub-clause (c) refers to the general water rate imposed on those buildings or lands which do not rece...

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