Mumbai Court April 2001 Judgments

N.E.P.C. Airlines and ors. Vs. CaptaIn A.K. Singh and ors.

Court: Mumbai

Reported in: (2001)3BOMLR570

ORDERR.J. Kochar, J.1. The Petitioners are aggrieved by the order dated 12.8.1998 passed by the 2nd Respondent. Labour Court in Application No. LC-2/162 of 1997 filed by their former employee to claim earned wages/benefits and wages in lieu of two months notice period, under section 33-C(2) of the Industrial Disputes Act. 1947. The Labour Court had determined and computed the money dues of the Respondent employee for the months of February, March. April, May, June, July, August, September and upto 13th October, 1997 to the tune of Rs. 15,94,290/-. It may be clarified at this stage itself that the wages for the month of May 1997 were nine days as lay off compensation and for the remaining period full wages were claimed and granted.2. It was the case of the Respondent employer, in nut shell, that he had not received his wages for the aforesaid period though he was continued to be in employment and was always available for allotment of work till 13th August, 1997. He had tendered his resi...

Voltas Limited Vs. Voltas Employee's Union

Court: Mumbai

Reported in: (2001)3BOMLR828; (2001)IILLJ522Bom

ORDERR.J. Kochar, J.1. The Respondent Union expects from the Petitioner Company and demands that the Canteen Costs/prices of the following items should not be Increased from the prevailing rates as stated below :1.Medu Wada0.06 ps.2.Idli0.12 ps.3.Jalebi 3 pc.0.18 ps.4.Upma0.18 ps.5.Poha0.12 ps.6.Un-limited Veg. Lunch0.50 ps.7.Non-Veg items such as : Mutton Curry with Rice,Chicken Curry with Rice.Fish Curry with Rice, each0.50 ps8.Mutton Curry with RiceO.75 ps.9.Spl. Thali0.75ps10.Banana0.06 ps.The price list produced by the Petitioner Company demonstrates that no food item is sold at a price more than Rupee One. The Respondent Union has very strongly opposed the notice of the Petitioner Company to increase the prices of food items sold in the Canteen on the ground that these prices were fixed under the bi-lateral settlement from 1978onwards and that the Petitioner Company cannot increase the price of any eatable item sold in the Canteen without the consent of the Union as provided unde...

Vasantlal Thakorlal Bhagat and ors. Vs. State of Maharashtra and ors.

Court: Mumbai

Reported in: 2001(4)BomCR473; 2002(1)MhLj231

R.M. Lodha, J.1. By means of this writ petition, the petitioners pray that it be declared that the continued requisition of petitioners premises viz. Block No. 10, Room No. 3, 2nd floor, Vasant Niwas No. 2, Morvi Lane, Chowpatty Sea Face, Bombay is illegal and ultravires the provisions of the Bombay Rent Acquisition Act, 1948 and for direction to respondents to rescinded the order of requisition in relation to the premises in question and delivery of possession of the said premises to the petitioners.2. Briefly stated the petitioners case in the writ petition is that the premises afore-referred were requisitioned by respondents 1 and 2 in the year 1950 under the Bombay Land Requisition Act, 1948. The petitioners called upon respondents 1 and 2 to hand over quiet, peaceful and vacant possession of the requisitioned premises because the requisition of the premises in question could not continue beyond reasonable period. The petitioners amended the writ petition vide draft amendment dated...

C.R. Ashok Kumar Vs. K.V. Salvi and ors.

Court: Mumbai

Reported in: AIR2001Bom404; 2001(4)ALLMR391

ORDERR.J. Kochar, J.1. The Petitioner is aggrieved by the impugned order dated 13-7-1999 passed by the Maharashtra State Co-operative Appellate Court in Appeal No. 228 of 1998 filed by him and the Society against the Judgment and order dated 3-4-1998 passed by the Co-Operative Court No. 4 in the case No. IV/229 of 1989 filed by the Original Disputant K.KiV. Salvi under Section 91 of the Maharashtra Go-operative Societies Act, 1960 for a declaration that he was entitled to a flat in the said Society and possession thereof.2. I have heard the learned counsel for their parties and I have carefully gone through the proceedings. I do not find any reason to interfere with the impugned Judgment and Order for the reasons which follow. Both the Courts below have held in favour of the Disputant and have recorded facts against the! Petitioner and have castigated him and impeached his credibility and credit worthy-ness of his evidence and have further accused him of 'prevarication-in-full' and of ...

international Association of Lions Clubs Vs. National Association of I ...

Court: Mumbai

Reported in: 2002(25)PTC84(Bom)

D.K. Deshmukh, J. P.C.1. Notice of motion is made returnable after six weeks. Heard learned counsel for the plaintiffs and the defendants. So far as the question of grant of ad-interim order is concerned, the plaintiffs claim to be an international organisation which is functioning since 1956. The plaintiffs claim that there are about 44,450 Lions Clubs all over the world and it has 1,55,000 members in 4,300 Chartered Clubs in India. The plaintiffs claim that the organisation viz. Lions Club has acquired the distinctive identity in the minds of public in India who associates exclusively with the plaintiffs andthe affiliated organisations set up under the charter granted by the plaintiffs. The plaintiffs claim that the defendants have adopted the name 'Indian Lions Club' fully aware of the fact that the plaintiffs are a large international organisation. According to the plaintiffs, the defendants are trying to pass off their organisation as part of the plaintiffs' organisation. It appea...

Union of India (Uoi) Through General Manager, Western Railway Vs. Nara ...

Court: Mumbai

Reported in: [2001(90)FLR210]; (2002)IVLLJ912Bom

ORDERR.J. Kochar, J.1. The Union of India through the General Manager, Western Railway, in the present petition have challenged the Judgment and order dated November 3, 1992 passed by the Presiding Officer of the Central Government Labour Court No. 2 in Application Nos. LC-2/173 to 191 of 1991 filed by the 19 workmen under Section 33-C(2) of the Industrial Disputes Act, 1947 to claim overtime wages for the period from January 1973 to November, 1979. Out of them three claims are for lesser period as indicated by the petitioners in their writ petition.2. By the impugned Judgment and Order the Labour Court has not actually computed the amounts of the overtime claims filed by the workmen individually. The Labour Court has merely reproduced the nature of the claims in the Cyclostyle Applications filed by the workmen, who have averred that they were entitled to overtime wages if they worked in excess of 104 hours in two weeks at 1 1/2 times upto August 1, 1974. Further the names of the Train...

Shirke Structurals Pvt. Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2001)(77)ECC76

1. The question for consideration in this appeal is the classification of grain driers manufactured by the appellant. In the order impugned in this appeal, the Commissioner (Appeals) has confirmed the classification of this product under heading 84.19 of the Tariff, not accepting the manufacturer's claim for classification under heading 84.37.2. The article in question consists essentially of a tray and heater.The substance to be dried - grain, oilseed, etc. - is kept in a tray and heated by means of circulating air heated by an oil-fired heater.The object of the machine is to dry grain and seed. The two heading in question reads as follows. "84.19 Machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilisation, pasteurising, steaming, drying, evaporating, vaporising, condensing or cooling, other than machinery or plant o...

M/S. Sani Exports Vs. Commissioner of Customs, Mumbai

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2001)(76)ECC476

1. The appellants imported measuring tapes. Although, no literature is shown, from the description made by the Commissioner(Appeals), the goods were simple measuring tapes (SIC) of flexible material which gets wound on a spool inside a case. The overall length was about two metes.The Customs held that the tapes were "consumer goods" "and hence on the Negative List. The imports claimed that the tapes were (SIC) measuring tools used for industrial and engineering purposes and as such they were importable under OGL. Both the authorities held that the tapes were consumer goods. Hence, the present appeal.2. I find that before both the lower authorities, the thrust was on the identity of the goods as tools. The Commissioner held that even if certain goods were capable of falling under the category of tools, the definition of `consumer goods' was such as to take such goods under the ambit thereof. I find that Commissioner was right in holding this belief. I find that the goods are such as co...

M/S. Priya Blue Industries Ltd. Vs. Commissioner of Cen. Excise,

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. On hearing Shri Maru, advocate for the applicants and Shri Chopra, DR for the Revenue, it appeared that the facts being clear, the appeal itself could be taken up for disposal. This was done after granting waiver of pre-deposit of duty of Rs.7,94,300/- and penalty of Rs.1,50,000/- 2. The appellants received capital goods on 3 occasions. In terms of Rule 57T of the Central Excise Rules, 1944, a declaration is required to be filed before the receipt of the goods and an intimation is required to be filed after the receipt of the goods. The original duty paying documents are also required to be filed for verification. In the instant case, the appellants received certain capital goods on 12.4.95, on 10.6.95 and on 6.7.95.In each case they filed the declaration subsequent to the receipt but within a fortnight thereof. In the first two instances, they filed application for condonation of the delay on 26.6.95.Shri Maru ld. counsel is not clear whether in the third instance any such applica...

Commissioner of Cen. Excise, Vs. M/S. Prakesh Metal Works Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. The Tribunal vide order No. 1325/98 WZB dated 23.5.98 dismissed the Commissioner's appeal. The issue involved was as to what was reasonable period for taking the incremental national credit in terms of Rule 57B of the Central Excise Rules, 1944 as it then stood. In doing so, the Single Member adopted the ratio of the judgement in the case of Mysore Lac & Paints (1991(52) E.L.T. 590). In this application, the Revenue seeks to refer the question of law as to the propriety of the period to the jurisdictional High Court relying upon the judgement reported in 1994(74) E.L.T. 902.2. On hearing Shri Bodade, JDR for the applicant Commissioner, I find that the same ld. Member had subsequently declined to refer the same question of law in another judgement. (1998(9) E.L.T 147). I also find that in the judgement in the case of CCE vs Mineral Wool Manufacturing Co [199(101) ELT 59(Tri), the Tribunal had held that the reasonableness of time limit was a question of fact and not of law and, t...