Mumbai Court November 1995 Judgments
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Vasant Tukaram Mandavkar Vs. Life Insurance Corporation of India and o ...
Court: Mumbai
Decided on: Nov-15-1995
Reported in: [1996(74)FLR2269]; (1998)IIILLJ599Bom
B.N. Srikrishna, J.1. This is a Writ Petition under Article 226 of the Constitution of India impugning an Award of the Central Government Industrial Tribunal, Bombay, dated 18th June, 1991 made in Reference No. C.G.I.T. - 2/28 of 1986 under the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). 2. The petitioner was employed as a Hamal in the Stationery Department of the First Respondent Corporation at Pune. On 18th December, 1982, the Petitioner was required to complete the work of packing of stationery to be dispatched to the Parbhani Branch. He was required to use a saw for the purpose of this work. He complained that the saw was not sharp enough, left the work and went out of the department. One Kaibhor, Record Clerk, was asked to complete the work. When Kaibhor was carrying out the work, the Petitioner and his coemployee, Marathe, came there and, in a very aggressive manner, questioned the propriety of Kaibhor carrying out the packing work by s...
Gurunath Madhavrao Vs. Zilla Parishad Teachers Co-op. Credit Society L ...
Court: Mumbai
Decided on: Nov-15-1995
Reported in: 1996(3)BomCR124; (1996)98BOMLR416
N.P. Chapalgaonker, J.1. Heard Shri V.G. Sakolkar, learned Counsel for the petitioner, Shri Kishore Patil, learned A.G.P. for respondent Nos. 2 and 3 and Shri D.N. Suryawanshi, learned Counsel for the respondent No. 4.2. Rule. Taken up for final hearing forthwith by consent.3. Petitioner's nomination is rejected on the ground that he was a member of the committee, which was removed under section 78 of the Maharashtra Co-operative Societies Act, 1960 and, therefore, is not entitled for re-election in the next following elections. The order of the Returning Officer was challenged before the Assistant Registrar, Co-operative Societies in Appeal No. 9/1995 under section 52-A the Co-operative Societies Act. The said appeal came to be dismissed. This writ petition challenges the said order of the Assistant Registrar dismissing the appeal along with the rejection of nomination paper by the Returning Officer.Shri V.G. Sakolkar, learned Counsel for the petitioner relied on the judgment of this ...
Vishwasrao Narayan Pawar and ors. Vs. Lata Gopal Waghmale
Court: Mumbai
Decided on: Nov-15-1995
Reported in: 1996ACJ422
R.M. Lodha, J.1. Heard Mr. S.R. Kudrolli, learned counsel for the appellants in both the appeals. Both the appeals arise out of common award passed by the Motor Accidents Claims Tribunal, Satara, dated 6.6.1986 in two claim petitions, viz., M.A.C.P. No. 72 of 1983 and M.A.C.P. No. 73 of 1983 arising out of one accident and hence, both these appeals have been heard together and are disposed of by this common judgment.2. By the impugned award dated 6.6.1986, the Motor Accidents Claims Tribunal, Satara, awarded compensation of Rs. 30,000/- to the claimants in M.A.C.P. No. 72 of 1983 together with future interest at the rate of 10 per cent per annum from the date of application till the payment of the entire amount. An award of Rs. 55,000/- was passed in favour of the claimant in M.A.C.P. No. 73 of 1983 together with future interest at the rate of 10 per cent per annum from the date of application till the entire payment was made.3. Mr. Kudrolli, the learned counsel appearing on behalf of ...
Nathani Steels Ltd. Vs. Deputy Commissioner of Income-tax.
Court: Mumbai
Decided on: Nov-15-1995
Reported in: (1996)56TTJ(Mumbai)240
ORDERK. C. Singhal, JM - This is an appeal against the order of the CIT(A)-XIII, Bombay pertaining to assessment year 1991-92.2. The first ground of appeal relates to disallowance of depreciation of Rs. 16,05,238 on buildings and Rs. 1,19,73,538 on plant and machineries installed in Marine Container Division No. II. Assessee is engaged in the business of manufacturing marine containers for the last several years. In order to expand its business, assessee decided to establish its second unit, hereinafter called 'MCD-II'. During the year under appeal the construction of the building was almost complete. Assessee had also purchased machineries for its MCD-II unit which were also installed in the aforesaid building. It claimed depreciation of Rs. 16,05,238 on the building and Rs. 1,19,73,538 on the plant and machineries belonging to this unit. The Assessing Officer rejected the claim of the assessee on the ground that the building as well as the plant and machineries had not been used inas...
M/S. Anand Builders Vs. the Union of India
Court: Mumbai
Decided on: Nov-14-1995
Reported in: 1996(2)BomCR573; (1996)98BOMLR339
S.M. Jhunjhunuwala, J.1. By this suit, the plaintiffs seek an order under Section 20 of the Arbitration Act, 1940 (for short, 'the Act') to file the Arbitration Agreement in this court as also an order of reference of plaintiffs' claim to arbitration in accordance therewith. 2. The Western Railway Survey and Construction Department through the Executive Engineer (S & C) (Vasai Bridge) Churchgate, Bombay had by a Tender No. XEN(C)VB/6 invited open tenders for the Earthwork for embankment with contractors own earth in filling from Ch. (-) 546 M to Ch. (-) 1410 M in Bhayander Yard (Loop Lines) in connection with construction of Railway Bridge Nos 73 and 75 on Vasai Creek. On 4th October, 1985 the plaintiffs' tender was accepted by the defendants and a Contract Agreement Bearing No. XEN(C)VB/CCG/23 dated 15th October, 1985 was duly executed between the plaintiffs and the Executive Engineer (S & C) Vasai Bridge, Western Railway, Churchgate, Bombay, for and on behalf of the President of Indi...
Bibhishan Yeshwant Babar Vs. Executive Engineer, Kukadi Prakalp Bhuvik ...
Court: Mumbai
Decided on: Nov-14-1995
Reported in: (1997)IIILLJ1081Bom
1. This writ petition under Article 226 of the Constitution of India is directed against the order dated June 28, 1991 made by the Industrial Court, Pune, in Complaint (ULP) No. 308 of 1988 dismissing the complaint. The complaint was filed under the provisions of Section 28 read with Items 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act'). 2. The Petitioner was working as labourer at Shirur Division under the First Respondent, Executive Engineer. Kukadi Prakalp Bhuvikas Vibhag No. 1 from November 18, 1984. He was paid wages at the rate of Rs. 15.95 per day. The Petitioner's service was terminated with effect from October 25, 1986 on the ground of surplusage. On June 18, 1987, the Petitioner went to the site of work, Kukadi Prakalp Bhuvikas Vibhag, Shirur, and learnt that new labourers were being employed by the Officer-in-Charge. The Petitioner requested the said Officer to a...
Municipal Transport Workers' Union, Kolhapur Vs. the Kolhapur Municipa ...
Court: Mumbai
Decided on: Nov-14-1995
Reported in: (1996)IIILLJ692Bom
1. This writ petition under Article 227 of the Constitution of India challenges an Award dated March 13, 1990 made by the Industrial Tribunal, Kolhapur, in Reference (IT) No. 1 of 1988 under the provisions of the Industrial Disputes Act, 1947. 2. The petitioner is a Trade Union and represents two employees, P. V. Chavan and M. S. Bhalekar, who were working as Fitter and Watchman, respectively, in the service of the First Respondent. Chavan and Bhalekar were served with charge-sheets dated October 26, 1986 in which it was alleged that, on August 24, 1986, Chavan had taken the private jeep of one Chandrakant Salokhe, a Cooperator of the Kolhapur Municipal Corporation, and went for his private work, after which he brought the said jeep to the petrol pump within the workshop belonging to the First Respondent and he filled the fuel tank with 25 liters of diesel. Thus, it was alleged that he had misappropriated dishonestly the property of the First Respondent. As far as Bhalekar was concerne...
The President, Anatha Mahila Ashram, Kolhapur Vs. Smt. J.G. Ajagaonkar
Court: Mumbai
Decided on: Nov-14-1995
Reported in: [1996(74)FLR2415]
B.N. Srikrishna, J.1. This writ petition under Article 227 of the Constitution of India is directed against an Award of the Labour Court, Kolhapur, dated 22nd March, 1991 made in Reference (IDA) No. 29 of 1985 under the provision of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). 2. The petitioner is a Public Charitable Trust which carries on the work of rehabilitation and relief to destitute women and children at Kolhapur. The Managing Body of the petitioner, inter alia, consisted of ex-officio Government Officers like District Probational Officer, the Commissioner of Kolhapur Municipal Corporation and the President of the Zilla Parishad. The Secretary of the Petitioner was the responsible person or Administrative Head for implementation of the policy decisions taken by the Managing Body. The Respondent was employed as full time Superintendent in the service of the petitioner from 3.8.1971 on monthly salary of about Rs. 600/-. The respondent had put in about ...
Siddeshwar Ssk Ltd. Vs. Commissioner of Central Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Nov-13-1995
Reported in: (1997)(92)ELT616Tri(Mum.)bai
1. A notice was issued for non-compliance with this Bench interim order directing the applicant to furnish a bank guarantee for a sum of Rs. 12 lakhs. Shri RR Jaiswal, Chief Accountant of the appellant's firm appeared and produced a copy of the bank guarantee and pleaded that this direction has been complied with. In the meanwhile, the department have moved a Misc. application. In this application, it is pleaded as below: "The assessee cannot approach the Tribunal for obtaining stay against the order of the Collector when it is their bounden duty to deposit the amount of duty collected and retained by them. In such a case the Tribunal has no jurisdiction to grant a stay under Section 35F of C.Ex. & Salt Act".2. Moving this Misc. application, Shri Mondal, ld. SDR pleads that though the notice for recovery of the duty was issued under Section 11A of the Central Excise Act, the Collector has withdrawn the same in his order. He has observed that Section 11D itself provides the authori...
President, Anath Mahila Ashram, Kolhapur Vs. Ajagaonkar J.G. (Smt.)
Court: Mumbai
Decided on: Nov-13-1995
Reported in: (1997)IIILLJ342aBom
1. This writ petition under Article 227 of the Constitution of India is directed against an Award of the Labour Court, Kolhapur, dated March 22, 1991 made in Reference (IDA) No. 29 of 1985 under the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). 2.The Petitioner is a Public Charitable Trust which carries on the work of rehabilitation and relief of destitute women and children at Kolhapur. The Managing Body of the petitioner, inter alia, consisted of ex-officio Government Officers like District Probational Officer, the Commissioner of Kolhapur Municipal Corporation and the president of the Zilla Parishad. The Secretary of the Petitioner was the responsible person or Administrative Head for implementation of the policy decisions taken by the Managing Body. The Respondent was employed as full time Superintendent in the service of the Petitioner from August 3, 1971 on monthly salary of about Rs. 600/-. The Respondent had put in about ten years of bl...
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