Mumbai Court July 1992 Judgments
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Khandelwal Ferro Alloys Ltd. and ors. Vs. Member, Industrial Court
Court: Mumbai
Decided on: Jul-01-1992
Reported in: 1993(1)BomCR406; (1992)94BOMLR429; (1993)IIILLJ511Bom
H.D. Patel, J. 1. It is rather unfortunate that the departmental enquiry should have been prolonged only because of the wrong and incorrect interpretation of the Standing Orders. This petition filed by the management complains about the callous manner in which an interlocutory order is passed by the Industrial Court, Nagpur in stopping the disciplinary action against some of the workers and further directing the management to withdraw the order of suspension and to allow those workers to do their regular job. The management prays for quashing the order which according to them is wholly without jurisdiction.2. It is not necessary for this Court to go into the background of the Industry and its precarious financial position. Suffice it to say that no manufacturing operations are being carried out since 1989 in the factory of 'Khandelwal Tubes' which is a separate unit altogether. A compressor which is the property of manganese mines is also owned by the petitioner-Company. It is alleged ...
Vasant Vithal Prabhu Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Jul-01-1992
Reported in: 1992(3)BomCR491
ORDER1. The petitioner served initially a commercial concern, the Indo Burma Petroleum Company. He retired from the service on 31-7-1988. Many developments had taken place in the intervening period. What was till then a private company was taken over by the Government in 1970. Indo Burma Petroleum Company Limited thus became a Government Company with the earlier employees continuing in its service. The take-over conditions, and the terms and conditions of services of the employees of the Indo Burma Petroleum Company were same as with the Balmer Lawrie Group of Companies. The services of the petitioner and the other employees of the Indo Burma Petroleum were thus transferable to another group of Companies known by name 'Balmer Lawrie Group'.2. Retirement benefits due to an employee, in the evening of his life, given some solace and some saurcour to him. It is understandable that he has a great expectation, in having the greatest help by way of retiral benefits. In the present case, ther...
Maqbul Ahmed Miya Girav Vs. Hidayatulla Baldi and anr.
Court: Mumbai
Decided on: Jul-01-1992
Reported in: 1993(1)BomCR386; (1999)94BOMLR419
A.V. Savant, J.1. These two first appeals raise a question of law as to the nature of the proceedings adopted under sub-section (4) of section 72 of the Bombay Public Trust Act, 1950. They are treated as first appeals in this Court and the question of law which arises is as to whether these appeals under sub-section (4) of section 72 are really in the nature of first appeals on par with the first appeals under section 96 of the Code of Civil Procedure or are they in the nature of second appeals subject to the limitations of section 100 of the Code of Civil Procedure. These two first appeals can be disposed of by a common judgment and order since they arise out of the judgment and order dated 29th October 1974 passed by the learned Asst. Judge, Thane in Misc. Civil Application No. 172 of 1972 and Misc. Civil Application No. 179 of 1972. The said two applications were filed in the District Court, Thane under sub-section (1) of section 72 of the Bombay Public Trust Act, 1950. A few facts ...
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