Mumbai Court June 1995 Judgments
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Association of Engineering Workers Vs. Iron and Metal Traders Pvt. Ltd ...
Court: Mumbai
Decided on: Jun-20-1995
Reported in: (1998)IIILLJ436Bom
N.D. Vyas, J. 1. By the present petition, the petitioner which is a Trade Union, registered under the Trade Unions Act, has challenged the validity of the orders dated 26th March 1992 and 10th February 1993 passed by the Assistant Labour Commissioner refusing to intervene. It is the petitioner's case in the petition that the 1st respondent is a private company within the meaning of the Companies Act and was at the relevant time in the business of manufacturing pneumatic valves and other allied products and had its factory a Mazgaon and had its crushing, pulverising and grinding Departments at the Factory situate at Thane, that the said Thane factory was an integral part of Mazgaon establishment and that there were functional and financial integrality between the two factories under the common management. It is further alleged in the petition that the 1st Respondent was a well established company and a subsidiary of Bombay Metals and Alloys Mfg. Co. Ltd., and that the workmen of the 1st...
Employees' State Insurance Corporation Vs. Western India theatres Ltd. ...
Court: Mumbai
Decided on: Jun-20-1995
Reported in: (1997)IIILLJ754Bom
1. This appeal under Section 82 of the Employees' State Insurance Act, 1948 (the Act for short) is directed against the decision of the Employees' State Insurance Court, Bombay in Application ESI No. 84/1984 by which that Court has held that the establishment of the Respondent is not liable to be covered under Section 1(5) of the Act with effect from November 12, 1978 to December 31, 1979 and hence it is not liable to pay the amount of the contribution of Rs. 7,022.64 and the interest thereon as asked by the Appellant authority vide its order dated October 20, 1983. The Appellant proposed to cover the establishment of the Respondent under the Act with effect from November 12, 1978 and for that purpose addressed to the Respondent a communication some time in June 1982. It may be mentioned here that the establishment of the Respondent has been covered under the Act with effect from January 1, 1980 and against that the Respondent has no objection. When the Appellant proposed to cover the ...
Employees State Insurance Corporation, Bombay Vs. Western India theatr ...
Court: Mumbai
Decided on: Jun-20-1995
Reported in: [1995(71)FLR969]
K.G. Shah, J. 1. This appeal under Section 82 of the Employees' State Insurance Act, 1948 ('the Act' for short) is directed against the decision of the Employees' State Insurance Court, Bombay in Application ESI No. 84/1984 by which that Court has held that the establishment of the Respondent is not liable to be covered under Section 1(5) of the Act with effect from 12th November 1978 to 31st December 1979 and hence it is not liable to pay the amount of the contribution of Rs. 7,022.64 and the interest thereon as asked by the Appellant authority vide its order dated 20th October 1983. The Appellant proposed to cover the establishment of the Respondent under the Act with effect from 12th November 1978 and for that purpose addressed to the Respondent a communication some time in June 1982. It may be mentioned here that the establishment of the Respondent has been covered under the Act with effect from 1st January 1980 and against that the Respondent has no objection. When the Appellant p...
Maharashtra State Road Transport Corporation Vs. Sudam Narayan Chaudha ...
Court: Mumbai
Decided on: Jun-20-1995
Reported in: (1996)IILLJ338Bom
B.N. Srikrishna, J.1. This writ petition under Article 227 of the Constitution of India challenges an order dated 31st August, 1990 made by the Industrial Court, Pune in Revision Application (ULP) No. 2 of 1989 under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act'). 2. The petitioner is a State Road Transport Corporation carrying on the business of transport of passengers in the State of Maharashtra. The Respondent was employed in the service of the petitioner as Bus Driver. On 9-7-1982 the Respondent came to Shivaji Nagar Bus Stand in the afternoon in a drunken state and picked up a quarrel with another Driver by name Jamdade. When this quarrel was going on, Depot Manager Yavatkar intervened and asked the Respondent to go out of the Depot. Instead of obeying the order of the Depot Manager Yavatkar, the Respondent abused Depot Manager Yavatkar in filthy language, rushed at him and ga...
Saurashtra Trust Karmachari Sangh Vs. States' People (P) Ltd. and ors. ...
Court: Mumbai
Decided on: Jun-20-1995
Reported in: [1995(71)FLR1034]; (1996)IIILLJ652Bom
1. This writ petition under Articles 226 and 227 of the Constitution of India is directed against an order dated September 30, 1989 made by the Industrial Tribunal, Bombay in Complaint (ULP) No. 886 of 1988 under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act'). 2. The petitioner is a registered Trade Union which represents the workmen employed in the First Respondent establishment which publishes a Gujarati newspapers known as 'Janmabhoomi'. The second respondent is a trust which controls the first respondent Company. The second respondent trust was carrying on the business of publication of Gujarati Newspapers and periodicals from its printing press called Janmabhoomi Mudranalaya at Janmabhoomi Chambers, Bombay. In the same building it also had a Printing Press in which Job orders for printing of matters in English were accepted by the Printing Press. For the purpose of Management ...
The Goa Judicial Officers' Association Vs. the State of Goa and Ors.
Court: Mumbai
Decided on: Jun-20-1995
Reported in: 1997(4)BomCR372
T.K. Chandrashekhara Das, J.1. Rule. By consent rule is made returnable forthwith.2. The petitioner is an association of Judicial Officers working in the subordinate courts in Goa. In this writ petition the petitioner challenges the validity of the Goa Civil Service (Judicial Branch) Rules, 1992, particularly Rule 17(b) and Rule 18(2) thereto. The said rules are hereinafter called the '1992 Rules'. The attack on the rules is on two counts. Firstly, the rules under challenge are arbitrary and violative of Articles 14 and 16 of the Constitution of India inasmuch as they take away the chances of promotion of the members of the petitioner's Association. Secondly, the rules under challenge have been framed in violation of the mandates contained in Article 234 of the Constitution of India as they are framed without the consultation of the Public Service Commission and of the High Court.2A. A galaxy of lawyers of the Goa High Court Bar including the Advocate General is arrayed on either side;...
Willson Abraham Chouriappa Vs. State of Maharashtra
Court: Mumbai
Decided on: Jun-19-1995
Reported in: 1996(3)BomCR163; 1995CriLJ4042; 1996(1)MhLj437
Sahai, J.1. Since these two connected criminal appeals arise out of the same set of facts. We propose disposing them of by a common judgment. 2. Vide judgment and order dated 25-8-1993 the IIIrd Additional Sessions Judge, Nasik convicted the three appellants of the two connected appeals, under S. 460, IPC, 396 read with 397, IPC and 302, IPC and sentenced them to undergo 7 years' R.I. and to pay a fine of Rs. 1,000/- in default R.I. for a period of one month, under the first count; 7 years' R.I. and to pay a fine of Rs. 2,000/- and in default of payment of fine, to undergo 2 months' R.I. under the second count; and R.I. for life and to pay a fine of Rs. 3,000/- in default of its payment, to further undergo 3 months' R.I.; under the third count. The substantive sentences of the appellants were ordered to run concurrently. 3. The informant one Rakeshchandra Goyal PW 1 was the neighbour of deceased Barjorji Paymaster, His evidence is that appellant Edward John Ingal was working as a cook ...
Dilip S/O Indrabhanji Wawande Vs. Industrial Court, Nagpur and ors.
Court: Mumbai
Decided on: Jun-19-1995
Reported in: (1996)ILLJ842Bom
G.D. Patil, J.1. By the instant petition, the petitioner has challenged the order dated 14-2-1994, passed by the Industrial Court, Nagpur, on the application filed under section 30(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short the MRTU & PULP Act) by the respondent no. 2 praying for an interim relief during pendency of his complaint under section 28 of the MRTU & PULP Act, seeking regularisation of his services on the post of Instructor in the faculty of fitter under respondent no. 3, the divisional social welfare officer. By this interim order dated 14th February, 1994, the Industrial Court had directed respondents Nos. 1 and 2 to the complaint, that is present respondent no. 3 the Divisional Social Welfare Officer and the Principal of the Government Industrial Training Institute, Wardha, for the physically handicapped persons not to terminate the services of the complainant during the pendency of his main complaint. 2...
Premchand Raghunath Dubey Vs. Devidayal Stainless Steel Industries Ltd ...
Court: Mumbai
Decided on: Jun-19-1995
Reported in: [1995(71)FLR646]; (1996)ILLJ741Bom
B.N. Srikrishna, J. 1. This writ petition under Articles 226 and 227 of the Constitution of India impugns an Award of the First Labour Court, Thane, dated 22nd November 1985, made in Reference (IDA) No. 876 of 1976 under the provisions of Section 10(1) read with 12(5) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). 2. The petitioner was working as a watchman in the service of the First Respondent which is an establishment manufacturing stainless steel goods. On 4th March, 1975 the petitioner made a report to the Security Superintendent that he had found one workman Ramashankar Jagannath Yadav trying to commit theft of some ball bearings. The Security Department looked in the circumstance and was convinced of the said facts as evidenced by the reports of the Security Supervisory dated 5.3.1975 and the Assistant Security Superintendent dated 5.3.1975. The Supervisor of the Department, B. S. Chikane, also made a report that the petitioner had found the workman...
Suryodaya Investment and Trading Co. Vs. Assistant Commissioner of Inc ...
Court: Mumbai
Decided on: Jun-19-1995
Reported in: (1996)54TTJ(Mumbai)241
ORDERPer G. E. Veerabhadrappa, Accountant Member - This appeal is by the assessee and arises out of the order dated 10-3-1995 of the Commissioner of Income-tax (Appeals) for the assessment year 1991-92.2. The assessee is an investment company. For the assessment year 1991-92, its previous year ended on 31-3-1991. The Assessing Officer found that the assessee had transferred the entire profit on sale of investment to the extent of Rs. 4,13 98,386 to the Capital Reserve Account. The assessee was required to furnish the details of the sale of shares. The assessee, by its letter dated 2-3-1994, stated:'The company being an investment company, on disposal of its shares, whatever profit was realised was credited to capital reserve account Out of the total profit made, profit amounting to Rs. 57,70,586 was offered as short term capital gain whereas, profit amounting to Rs. 3,56,28,275 was claimed as non-taxable under section 47(iv) of the L.T. Act, 1961 as the same was arising out of sale of ...
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