Mumbai Court January 1986 Judgments
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Gopalkrishna Ramchandra Chavan and ors., Etc. Vs. State of Maharastra ...
Court: Mumbai
Decided on: Jan-14-1986
Reported in: (1986)88BOMLR230; 1987MhLJ665
Lentin, J.1. These petitioners filed by certain Inspectors of Police. They question the validity and or interpretaion of Government Resolutions making reservations for SCheduled Castes (SCs), Schedule TRibes (STs) and Denotified Tribes Nomadic Tribes (DTs)NT) in the category of Inspectors of Police and promotion from that category to that of Assistant commissiones of Police in the Greater Bombay Police Force.. Common question of law arise,. A common judgement.2. Hereunder a broad outline of the Government REsolutions:(A) Government REsolution dt. 23rd May 1974 provides for the reservation of 13% in favour of SCs and SC convertas to Budhism, 7% in favour of STs. And 4% in faovur of DTs|NTs in promotions made on the basis of seniortiy subject ot fitness in appointments to all CalssI, II III and IV posts in grades or services in which the element of direct recruitment, if any, does not exceed 50%. The Resolution porvides for the maintenance of a roster and the preocedure to be followed fo...
Roche Anglo-french Employees' Union, Bombay Vs. Conciliation Officer, ...
Court: Mumbai
Decided on: Jan-13-1986
Reported in: [1985(51)FLR244]; (1987)IILLJ169Bom; 1986MhLJ308
Shah, J.1. The short question that arises in this appeal is whether a writ of mandamus can be issued against the respondent - company in enforcement of its obligation under the provisions of Section 33 of the Industrial Disputes Act, 1947. The facts which are indeed not in dispute and in so far as they are material are these. The appellant, M/s. Roche Anglo-French Employees' Union is a trade union registered under the Trade Unions Act, 1926. The union represents the employees of respondent No. 2-company, M/s. Roche Anglo-French Drug Co. (Eastern) Ltd. which is a public limited company incorporated under the Indian Companies Act. Respondent No. 2 company is engaged in the manufacture of pharmaceutical and fine chemical products. It has a factory at Bangalore and its registered office and distribution office including stores is situate at Parel, Bombay. Its marketing and materials management division is at Worli, Bombay. The company had employed about 66 workmen in its Parel establishmen...
M. Laxminarayan Vs. S.P. Singh and ors.
Court: Mumbai
Decided on: Jan-13-1986
Reported in: (1994)IIILLJ1004Bom
Pendse, J.1. The petitioner is the Vice President of General Employees' Union which is a Trade Union registered Under the Trade Unions Act. M/s. Narang Motels (Private) Limited has employed about 350 workmen and majority of them are members of the General Employees' Union. The respondent No. 1 is a Personnel Manager, while respondent No. 2 is a Director of Narang Motels (Private) Limited. The management had issued charge-sheets to 41 workmen who claim to be the members of the Union. The General Employees' Union thereupon filed Complaint (ULP) No. 501 of 1982 against M/s. Narang Motels (Private) Limited and respondent No. 1 who had signed the charge-sheets alleging commission of unfair labour practices under Item 1 (a) and 4(a) and (b) of Schedule II of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the 'Act'). The Union also filed an application for interim relief and the Industrial Court passed an ex parte or...
Madhukar Vs. State of Maharastra and ors.
Court: Mumbai
Decided on: Jan-11-1986
Reported in: AIR1986Bom436; [1985(50)FLR411]
V.A. Mohta, J.1. By consent of parties we have formulated the following three points for consideration in this reference:(1) Whether the term 'the object of the Amending Act, 1972' in S. 10(1) of the Maharashta Agricultural Lands (Ceiling on Holdings ) Act, 1961 means the Amending Act as amended by Act No. 47 fo 1975?(2). whether s. 10(1) is attracted in respect of a transfer between 26-9-1970 and 2-10-1975 by a 'member of family unit' who separately held land prior to 26-9-1970?(3) Whether in case of a family unit in existence on 2-10-1975, S. 10(1) is attracted in respect of a transfer between 26-9-1970 and 2-10-1975 by a 'member of a family unit ' whose individual holding is below the ceiling limit but aggregate holding of the family unit is in excess of the ceiling limit on the commencement date?2. The basic factual background : A 'family unit' consisted of Madhukar Patil his wife Sau. Mandakini an a minor son Manoj all the three members of the family unit separately held, since be...
Bennett, Coleman and Co. Ltd. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jan-10-1986
Reported in: (1994)IIILLJ140Bom
Pendse, J. 1. Both these petitions filed under Article 226 of the Constitution of India can be conveniently disposed of by a common judgment as the disputes involved in both the petitions arise out of the same set of fact's. The facts giving rise to filing of these two petitions are as follows. 2. Bennett, Coleman & Co. Ltd. are the proprietors and publishers of newspapers, such as Times of India, Nav Bharat Times, Maharashtra Times, Economic Times, etc. The Company employs 822 clerks, 421 employees designated as Working Journalists and 1146 workers. In June 1984 the employees owing allegiance to Kamgar Utkarsha Sabha, a trade Union (respondent No. 4 in Petition No. 1954 of 1984) resorted to unfair labour practice, like go-slow, illegal strike etc. The members of the Union alsoput up placards and posters. As a result of the action of respondent No. 4, the newspapers could not be published on June 12, 1984. On the same day the Company put up a notice requesting the workers to call-off t...
State of Maharashtra Vs. Parshuram Laxman Chalke
Court: Mumbai
Decided on: Jan-10-1986
Reported in: 1987(2)BomCR10
V.S. Kotwal, J.1. Brevity is no doubt the laudable virtue of a judgment. However, that such a frame must contain within the necessary requirements of law is equally essential. Such details must reflect the blend of several items such as reading, analysing, appreciating and ultimately marshalling the evidence so as to entail into certain findings which in turn must be supported by reasons being in consonance with the evidence on record. Such a necessity is apparent so as to exhibit application of mind and also to assist the higher forum to understand the line of reasoning so adopted. Even erroneous findings and conclusion are required to be supplemented by adequate reasons. Some times it is not difficult to unmask the deceptively ostensible appearance of credibility form the items of evidence. More serious and brutal is the crime, more onerous obligation is cast on the Court to apply its mind carefully and cautiously and examine all the pros and cons about the entire material unfolded a...
Estate of Late P.G. Mehta Vs. Second Assistant Controller of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jan-09-1986
Reported in: (1986)16ITD128(Mum.)
1. These two appeals pertain to the estate duty proceedings arising out of the death of Shri P.G. Mehta. There are number of grounds in these appeals but the point that was referred to the Special Bench reads as follows : Whether in the case of coparcenary interest in joint family property constitutes property passing on the death of coparcener, the interest of the lineal descendants of the deceased can be aggregated under Section 34(1)(c) of the Estate Duty Act, 1953 to determine the rate of duty.The deceased was the karta of a HUF, which comprised of his three sons and his wife. Therefore, the Assistant Controller brought to tax one-fifth share of the deceased which would have been allotted to him if there had been partition before his death. He also included 3/5th share of his sons (i.e., lineal descendants) for rate purposes.3. The accountable person challenged this order before the Appellate Controller contending that the shares of the lineal descendants could not be aggregated f...
Jayant Vegoils and Chemicals (P) Ltd. and Others Vs. Union of India an ...
Court: Mumbai
Decided on: Jan-09-1986
Reported in: 1986(7)ECC195; 1987(30)ELT134(Bom)
Pendse, J.1. By this petition filed under Article 226 of the Constitution of India the petitioners are challenging the legality of order dated July 12, 1984 passed by the Deputy Chief Controller of Imports and Exports in exercise of powers under clause 8 of the Imports (Control) Order, 1955 debarring the petitioners from importing any goods and from receiving import licences C.C.Ps. and allotment of imported goods through S.T.C., M.M.T.C. and further directing that no licence or allotment of imported goods shall be granted nor shall they be permitted to import any goods from December 17, 1983 to March 31, 1988. The facts giving rise to passing of this order are as follows.2. Petitioner No. 1 are a company incorporated under the provisions of the Companies Act, carrying on diverse business activities in the firm name and style of M/s. Jayant Oil Mills. Petitioners Nos. 2 to 7 are the directors of the petitioner No. 1-company. Petitioner No. 1 are a registered export house since last ove...
Swan Mills Ltd. Vs. S.V. Kotnis and ors.
Court: Mumbai
Decided on: Jan-09-1986
Reported in: [1986(52)FLR292]; (1994)IIILLJ135Bom
Pendse, J.1. By this petition filed under Article 226 of the Constitution of India, the petitioner Company is challenging the legality of the order dated Dec.27, 1982 passed by the Presiding Officer, 1st Labour Court at Bombay in group of applications filed under Section 33-C(2) of the Industrial Disputes Act, The Labour Court came to the conclusion that the applicant workers are entitled to claim four days earned wages and proportionate increase in dearness allowance per month. The Labour Court also held that the permanent employees of the petitioner Mills from Watch & Ward department are entitled to claim four days wages per year as difference of leave wages. The Labour Court directed the petitioner Mills to file statement showing the amounts due to each of the applicant and thereafter pay the same within a certain stipulated period and failure to do so would make the petitioner Mills liable to pay the amount with interest at the rate of 6% per annum. The facts giving rise to passing...
Shri Kishore B. Dave Vs. Dean, J.J. Group of Hospitals and ors.
Court: Mumbai
Decided on: Jan-09-1986
Reported in: [1986(52)FLR380]; (1994)IIILLJ1001Bom
S.P. Bharucha, J.1. The petitioner was employed on 20th May 1976 by the Dean of the J.J. Group of Hospitals to work in its Neurology Department for a period of 28 days. On 9th July 1976 the Dean issued an order stating that the petitioner was continued in service pending further orders. On 16th June 1979 the Dean informed the petitioner that his 'services are no longer required at this institution with immediate effect.'2. The petitioner approached the Assistant Commissioner of Labour. On 22nd January 1981 he was informed that the Assistant Commissioner of Labour did not propose to intervene in the dispute and hence his case was treated as closed. On 27th February 1981 the petitioner made a further representation to the Commissioner of Labour. On 9th March 1981 he was informed, by the Assistant Commissioner of Labour that employees in the J.J. Group of Hospitals were governed by the Bombay Civil Service Rules and other conditions of service as applicable to Government servants; the pet...
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