Mumbai Court September 1994 Judgments
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Sadashiv Shankar Phalke Vs. Shriram Sahakari Sakhar Karkhana Ltd. and ...
Court: Mumbai
Decided on: Sep-13-1994
Reported in: (1997)IIILLJ499Bom
1. This Writ Petition under Articles 226 and 227 of the Constitution of India impugns an order dated December 22, 1986 made by the Labour Court, Sangli, in Application (IDA) No. 60/84 under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') 2. The short facts of the case are : The first respondent is a sugar manufacturing industry, which is covered under provisions of the Bombay Industrial Relations Act. It is well-known that sugar industry is a seasonal industry and the crushing season lasts, usually, from October/November till the ensuing April/May, every year. The petitioner was employed as a Chit Boy in the employment of the first respondent since crushing season 1972-73. Under the terms of the Standing Order as applicable to the employees working in the employment of the first respondent, such of the employees who usually work only during the crushing season are termed as seasonal employees. Any employee employed for three consecutive seaso...
Rukmini Malbari and ors. Vs. Shri Shankar Vithal Shinde and ors.
Court: Mumbai
Decided on: Sep-13-1994
Reported in: 1995(3)BomCR418
Da Silva, J.1. The challenge in this petition is the judgement of the Administrative Tribunal, Goa, Daman and Diu, dated 10th September, 1990 in Eviction Appeal No. 49/85 which has unsettled the judgment of the Rent Controller, North Division, Panaji, dated 23rd April, 1985 in Case No. RENT/17/82. By the aforesaid judgment the Rent Controller has allowed an application for eviction moved by the original late petitioner Shri Anand Malbari now represented by his legal representatives, the petitioners for eviction of the respondent No. 1. (hereinafter called the respondent) on two grounds of change of user of the premises and causing nuisance to the neighbours as a result whereof the respondent was directed to hand over vacant and peaceful possession of the suit premises to the said late Anand within a period of sixty days from the date of the receipt of the order.2. The brief facts of the case are that the late Anand by deed dated 1st December, 1973 granted on lease to the respondent the...
Atlas Paper Mills (P) Ltd. and anr. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-12-1994
Reported in: (1995)(59)LC572Tri(Mum.)bai
1. Stay Application E/Stay-475/94-Bom is in respect of 3 appeals filed by them against Order-in-Appeal PCJ-51 to 55 SRT/94 (F. No. V-2(48) 108, 109, 116, 117 & 123/SRT/93) dated 4.3.1994 of Collector of Central Excise (Appeals), Bombay involving a total amount of Rs. 1,80,308/- and Stay Application No. E/Stay-476/94-Bom covers two appeals (E/535 & 536/94) involving a total amount of Rs. 23,770/- vide Order-in-Appeal No. even dated 4.3.1994.2. The issue involved in both the cases relates to recovery of MODVAT Credit availed of by the applicants with regard to felt and wire netting, which were fitted to the paper machinery for producing paper and paper board. The eligibility of MODVAT Credit on these inputs has been referred to the larger Bench by this Bench vide Order in the case of B.K. Paper Industries. In view of the aforesaid position, till the Larger Bench decides the issue, the Revenue is required to be safeguarded. We therefore direct the applicants to keep the disputed ...
Collr. of Customs (Preventive) Vs. Parag Udyog
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-12-1994
Reported in: (1995)LC120Tri(Mum.)bai
1. The appeal from the Department is directed against the Order-in-Appeal No. 32/87-Vadodara, dated 26-8-1987 of the Collector of Customs (Appeals), Bombay, setting aside Order-in-Original No.67/Cus/A/86 (F. No. VIII/10-35/Cus/A/86), dated 31-10-1986 of the Assistant Collector of Customs, Surat.2. Facts, in brief are that the Respondents were found to have possessed 24 cartons of 100% Viscose Rayon Yarn 300 denier made in Taiwan, which were seized under the reasonable belief of being liable to confiscation under the provisions of the Customs Act, 1962.Investigations followed by adjudication proceedings, were conducted, and though the seized cartons were found to have been licitly imported, it was held that the same was a notified item for the purpose of Chapter IV-A, and hence the provisions of Section 11C, 11D, HE and 11F were contravened. The yarn was ordered confiscation vide Section 111(p) of the Customs Act, 1962, and personal penalty vide Section 112 of the Act was also imposed....
Krishnakumar Khorana Vs. the Chairman, Oil and Natural Gas Commission ...
Court: Mumbai
Decided on: Sep-12-1994
Reported in: (1995)ILLJ1149Bom
Pendse, J.1. The petitioner was appointed on January 11, 1965 as Junior Technical Assistant in the Chemistry Department of Oil and Natural Gas Corporation. In September 1968, the petitioner was promoted to the post of Senior Technical Assistant. In year 1979, the petitioner was posted as Chemist and in year 1983 was designated as Senior Chemist and was working at Ankleswar. The basic salary of the petitioner was Rs. 2,400/- while the total pay packet was Rs. 4852/- On May 26, 1986, the petitioner was served with charge-sheet and the first charge was that the petitioner did not attend duties and remained absent between September 22, 1985 and December 26, 1985. The second charge was that the petitioner made various representations to the Chairman, Oil and Natural Gas Corporation and to the Prime Minister without routing through proper channel and, therefore, violated the provisions of Oil and Natural Gas Commission (Conduct, Discipline and Appeal) Regulations, 1976. The third charge was ...
Maharashtra State Road Transport Corporation and Another Vs. Subhash P ...
Court: Mumbai
Decided on: Sep-12-1994
Reported in: (1997)IIILLJ503Bom
1. This Writ Petition under Article 227 of the Constitution of India impugns an order of the Labour Court, Dhule dated December 16, 1986, made in Application (IDA) No. 187 of 1985 under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). 2. The First Petitioner is a Statutory Corporation carrying on the business of carriage of passengers by bus. The Second Petitioner is the Administrative and Executive Head of the First Petitioner's Dhule Division. The First Respondent was employed as a Clerk in its service since 1979. On January 14, 1984, the First Respondent submitted an application for leave on the ground that he had to attend to some work of his union and, thereafter, without bothering to find out whether the leave was sanctioned or not, he went away. As a matter of fact, the said leave was not sanctioned and, consequently, the First Respondent was marked absent on January 14, 1984, which resulted in his not being paid the salary of January ...
Delta Wires Pvt. Ltd. Vs. General Labour Union (Reg. Flag) and anr.
Court: Mumbai
Decided on: Sep-12-1994
Reported in: (1995)IILLJ287Bom
B.N. Srikrishna, J. 1. The Order dated April 2, 1987 made in Complaint (ULP) No. 1055 of 1985 under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act') is impugned in this Writ Petition under Article 227 of the Constitution of India. 2. The Petitioner-Company closed down its factory on account of acute shortage of raw material, acute power shortage and heavy financial losses, with effect from April 9, 1980. The Petitioners complied with the mandatory provisions of Section 25FFA of the Industrial Disputes Act, 1947 and effected closure of the factory. Consequent upon the said closure of the factory all the workmen working therein were paid their statutory dues payable to them under the provisions of Section 25FFF as well as gratuity and also other dues. The closure of the factory was challenged by the First Respondent-Union by its Complaint (ULP) No. 140 of 1980 under the provisions of t...
Bank Employees' Union Vs. Mahavir Coop. Bank Ltd. and Anr.
Court: Mumbai
Decided on: Sep-12-1994
Reported in: (1996)ILLJ510Bom
B.N. Srikrishna, J.1. This writ petition under Article 227 of the Constitution of India challenges an Award of the Industrial Court, dated September 30, 1985, made in Reference (IC) No. 18 of 1983, a reference under Section 73-A of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as 'the Act').2. The petitioner is a registered Trade Union recognised as the representative Union in the Co-operative Banking Industry within the local areas of Shirol and Hatkangale in Kolhapur District, and Miraj Taluka of District Sangli. The petitioner pertained raised an industrial disputeon behalf of the employees by a Charter of Demands dated November 1, 1981. The industrial dispute raised by the petitioner, inter alia, to Pay Scales, Special Allowances, Dearness Allowance, House rent Allowance, Other Allowances, Medical Aid and Expenses, Transfer, Seniority List, Promotions and Retrospective Effect. The industrial dispute was processed under the conciliation machinery under the Act a...
Godfrey Philips (i) Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-08-1994
Reported in: (1995)(75)ELT619Tri(Mum.)bai
1. This appeal is against the Order-in-Original No. 54-55 of 1993 passed by the Collector of Central Excise, Bombay-I. In the said order, the Collector has confirmed two demands - one for Rs. 1,07,21,221/- covered by S.C.N. dated 15-1-1993 and another for Rs. 2,41,96,049/- covered by S.C.N. dated 5-9-1992. He also imposed a penalty of Rs. 10 lakhs in respect of the alleged duty evasion covered by the first S.C.N. and another penalty of Rs. 25 lakhs in respect of the alleged duty evasion covered by the second show cause notice. The demands have been confirmed under Section 11A of the Central Excises Act and the penalties have been imposed under Section 173Q of the Customs Act.The appellants are licensed for the manufacture of cigarettes. They are maintaining the accounts as prescribed under Rule 94 of the Central Excise Rules (accounts prescribed for the manufacture of tobacco products). Cigarettes manufactured on each machine are directly collected from the machine, by machine operato...
Kosarichand Motichand Shah Vs. Fakirbhai Kariabhai Koli and Others
Court: Mumbai
Decided on: Sep-08-1994
Reported in: AIR1995Bom102; 1995(3)BomCR415; (1995)97BOMLR791; 1995(1)MhLj290
1. The short point for my determination in this appeal is whether in a suit for injunction simpliciter the same abates when during the pendency of the suit one of the defendants expires and his legal representatives are not brought on record in the meantime.2. The undisputed fact is that the appellant is the original plaintiff who has filed the suit against 26 defendants for permanent injunction simpliciter in the month of July, 1991. The suit was instituted in the Court of, the Civil Judge, Senior Division, Panaji under No. 89/91/A. The cause of action for filing of the suit is that the defendants/now respondents had interfered in the appellant's property situated at Daman which belongs to him.3. It is the case of the appellant that he came to know about the death of one of the defendants being defendant No. 6 occurred somewhere in the year 1984 only later on in the year 1988. Therefore as matter of abundant caution he moved an application before the trial Court to bring the legal rep...
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