Mumbai Court August 2000 Judgments
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Uco Bank Vs. Nathu (Alias) Bandu Upasrao Wasnik and ors.
Court: Mumbai
Decided on: Aug-10-2000
Reported in: 2001(1)BomCR532; [2001(89)FLR94]; (2001)IILLJ411Bom
A.M. Khanwilkar, J.1. This writ petition, under Arts. 226 and 227 of the Constitution of India, is directed against the award passed by the Industrial Tribunal, dated April 25, 1990.2. The following question was referred to the Tribunal under Section 10 of the Industrial Disputes Act:'Whether the action of the management of United Commercial Bank, Nagpur is justified in terminating the services of Sri Nathu Upasrao Wasnik with effect from April 4, 1987 If not, to what relief the workman concerned is entitled?'The Tribunal, after examining the evidence, has held that the respondent No. 1 had admittedly worked for more than 240 days during the calender year immediately preceding the date of retrenchment. In the circumstances, the Tribunal negatived the contention raised on behalf of the petitioner bank that it was not a case of retrenchment because the termination of services was within the exception provided under Clause (bb) to Section 2(oo) of the Industrial Disputes Act.3. In my view...
Keshaorao S/O Rajaram Acharya and ors. Vs. Smt. Kaushi Wd/O Mahadeo De ...
Court: Mumbai
Decided on: Aug-10-2000
Reported in: 2001(1)BomCR515
A.M. Khanwilkar, J.1. This writ petition under Article 227 of the Constitution of India, is directed against the judgment of the Maharashtra Revenue Tribunal, Nagpur, dated 9th August, 1990 in Revision Application No. Ten. A. 66/85.2. Briefly stated, the respondents are the successors of the original tenant Mahadeo. The petitioners, on the other hand, have purchased the suit land from the original landlord. The suo motu tenancy proceedings were initiated in the year 1964-65, which were, however, dropped on the basis of the statement made by Mahadeo that he had voluntarily left the possession of the suit land. The Special Deputy Collector, Land Reforms, however, started suo motu revision proceedings and by his order dated 16th May, 1968, remanded the matter to the Additional Tahsildar for fresh disposal. After remand, the Additional Tahsildar, by the judgment and order dated 17-1-1971, held that the respondents who are the successors of the original tenant Mahadeo, have become the full ...
Wainganga Ssk Ltd. Vs. Commissioner of C. Ex. and Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-09-2000
Reported in: (2000)(121)ELT689Tri(Mum.)bai
1. We decline to accept the request for adjournment in the letter made by Mr. B.N. Rangwani, who says that he represents M/s. Shree Balaji SSK Ltd., (appellant in appeal E/902/2000), no authority for appearance has been filed. Further the fact that he will be out of Mumbai on the date of hearing for which no reason is given by itself is no ground for adjournment.2. The delay of 14 days in filing this appeal is stated to be on account of issue of corrigendum. If the date of corrigendum is taken into account there will be no delay. The corrigendum makes changes in the duty demanded and therefore has to be considered as part of the order. There is therefore no delay and the application for condonation of delay is unnecessary.3. After hearing Mr. G.L. Deshpande, advocate for M/s. Shreeram SSK Ltd (M/s. Wainganga SSK Ltd, appellant in appeal E/321 /2000 is absent and unrepresented despite notice) and the departmental representative we proceed to take up the appeals themselves for disposal....
J.R. Engineering Indus. (P) Ltd. Vs. Commr. of C. Ex. and Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-09-2000
Reported in: (2000)(121)ELT690Tri(Mum.)bai
1. The question for determination in this appeal is the classification of the product described as 'teflon hose assembly'. It is not in dispute that this assembly consists of pipes made of teflon which is the trade name for poly tetra fluoro ethylene (PTFE for short) on which a layer of glass fibre which in turn is covered by stainless steel wire braid. The entries for consideration are heading 39.17 and 83.07. The former is for tubes and pipes of plastic and the latter for flexible tubings of base metal. In the impugned order the Collector has said that the essential characteristic of the material are provided by the base metal and confirmed its classification as tubings of base metal.2. After considering the arguments of both sides and seeing the relevant material we are unable to agree. The Collector it appears to us, has said that the appellant itself had described the goods as metal flexible hose assemblies. This is the title of the brochure that the appellant had put out in whic...
Udayanraje Pratapsinhraje Bhosale Vs. the State of Maharashtra
Court: Mumbai
Decided on: Aug-09-2000
Reported in: (2001)1BOMLR663
ORDERVishnu Sahai, J.1. This is an application for bail in a case under sections 143, 147, 148, 302, 323, 427, 149 of the I.P.C. and Section 37(i)(3) & Section 135 of the Bombay Police Act.2. In short, the prosecution case runs as under :-On 11.9.1999, the applicant and his uncle Abhay Singh Bhosale were contesting M. L. A. election from the Satara Constituency : the former was a candidate of Bharatiya Janata Party and the latter of the Nationalist Congress Party. The deceased - Appa Baban Leve was a worker of Abhay Singh Bhosale.On the said date, at about 2.30 a.m. while the informant Vijay Krishna Jadhav, the deceased - Appa Leve. Deepak Bhosale and Ravi Patkar wereproceeding by a Gypsy towards the tunnel area at Satara, they saw a crowd of 30/35 persons breaking glass panels of trucks at the tunnel square. The informant tried to reverse the Gypsy and drive away from the spot but, by that time. It was intercepted by the applicant and 14 others. Thereafter, the deceased was dragged ou...
Uday Mohanlal Acharya Vs. the State of Maharashtra
Court: Mumbai
Decided on: Aug-09-2000
Reported in: 2001ALLMR(Cri)28; 2001BomCR(Cri)42
ORDERDr. Pratibha Upasani, J.1. The Applicant/original 'accused Uday Mohanlal Acharya has approached this Court once again, being aggrieved by the Order dated 31st July, 2000 passed by the Special Judge, Greater Bombay, appointed to try offences under Maharashtra Protection of Interests of Depositors (In Financial Establishments) Act, 1999, in Remand Application No. 10 of 2000 in C. R. No. 36/99. 2. The allegation against the Applicant is that he has cheated about 29,100 depositors under a Scheme, admittedly, promoted by him. It appears that the amount involved in this case of cheating is to the extent of Rs. 450 crores. Offence of cheating is registered against the Applicant under C- R. No. 36 of 1999 by the G.B., C.B., C.I.D. (Economic Offences Wing), Crawford Market, Mumbai. The Applicant was arrested in connection with this case for offence punishable under Sections 406 and 420 of the Indian Penal Code, so also under the Maharashtra Protection of Interests of Depositors (In Financi...
Baburao Virupaksha Kore and ors. Vs. Murgha Rajendra Co-operative Bank ...
Court: Mumbai
Decided on: Aug-09-2000
Reported in: AIR2000Bom466; 2000(4)ALLMR680; 2001(2)BomCR191; 2001(1)MhLj376
ORDERR.M. Lodha, J.1. Heard the learned counsel for the petitioners.2. The contention of the learned counsel for the petitioners is that though the Returning Officer has power to modify the election programme under Rule 56K of the Rules in circumstances stated therein but the said modification has to be within maximum time provided under Rule 56J (vii). The learned counsel for the petitioners submitted that in the present case, the final list of contesting candidates was published on 8th July 2000 and election was scheduled for 23rd July 2000. According to him under Clause (vii) of Rule 56 J the Returning Officer has to fix the date of election not earlier than 10 days from the date of publication of final list of contesting candidates and not later than 15 days therefrom and since by modified programme, the election was fixed on 13-8-2000 which is beyond 15 days from the date of publication of final list of contesting candidates, the order of Returning Officer fixing the election on 1...
Kamgar and Majoor Sangh and anr. Vs. Labour Secretary Shri Nogi, Union ...
Court: Mumbai
Decided on: Aug-09-2000
Reported in: [2001(89)FLR472]; (2001)ILLJ625Bom
1. We have heard Mr. Gonsalves for the Petitioner, Mr. Agarwal for the Respondent Nos. 1 to 4 and Mr. Khatri for Respondent No. 5. By consent the names of the Respondent Nos. 6 to 10 are deleted.2. The 1 st Petitioner is a trade union which claims to represent majority of 600 workers employed by Respondent No. 5 company in their factory at Umargaon. The Petitioner claims that most of the workers are adivasis and some of them are migrants from U.P., M.P., and Bihar. The Petitioner has alleged that the migrant workers were deprived of their legaldues and wages and faced with starvation they have returned to their home in despair. Only 200 workers are now remaining most of whom are adivasis from the local area. The Petitioner states that though the company claims to have closed its factory from May 1, 1999 but no notice was displayed and the workers continued to work till July 1999. The company failed to comply with the provisions of Section 25-O of the Industrial Disputes Act as there we...
Pramod Prabhakar Kulkarni Vs. Balasaheb Desai Sahakari Sakhar Karkhana ...
Court: Mumbai
Decided on: Aug-09-2000
Reported in: 2000(4)ALLMR733; [2001(88)FLR395]; (2001)IIILLJ741Bom
D.Y. Chandrachud, J.1. Rule, returnable forthwith.2. Respondents waive service. By consent, taken up for final hearing.3. The issue involved in the present petition is whether an 'approach notice', that being the colloquial description of the notice required to be given by the employee to the employer under Section 42(4) of the Bombay Industrial Relations Act, 1946, is valid when it is addressed not by the employee personally but by an advocate on his behalf. A judgment of a learned single Judge of this Court holds the field for nearly two decades. The learned counsel for the employer sought to submit that the said judgment need to be reconsidered by a larger bench and arguments were hence also addressed by the learned counsel on the question as to whether the view taken by the learned single Judge of this Court in Vasant Ladoo Naik v. Kohinoor Mills Co. Ltd. 1981 (43) FLR 390 requires reconsideration. Before addressing myself to the submissions urged at the Bar, a statement of a few r...
Brihanmumbai Municipal Corporation Vs. Jagnarayan M. Kahar
Court: Mumbai
Decided on: Aug-09-2000
Reported in: 2001(1)BomCR705; (2002)IVLLJ422Bom
D.Y. Chandrachud, J. 1. Rule, returnable forthwith. Respondents waive service. By consent, taken up for final hearing,2. By this petition under Article 226 of the Constitution, an order of the Industrial Court at Mumbai dated March 28, 2000 is sought to be challenged.3. The Respondent was a Bus Conductor, having joined the services of the Bombay Electric Supply and Transport Undertaking on May 15, 1982. It is alleged that on November 8, 1986 the Respondent was on duty on Bus. No. 3578 which was plying on route 260. A 7 year old passenger by the name of Ramlalan Pandey was amongst the passengers who travelled by that Bus. The Respondent is said to have approached the passenger and to have asked him for a ticket. The passenger stated that he had already purchased a ticket and started searching for it in the pockets of his trouser. The Respondent, it is alleged, got annoyed at this and by the time the passenger took out the ticket, the Respondent is alleged to have assaulted the passenger...
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