Mumbai Court April 2002 Judgments
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Bank of India Vs. Bank of India Workers Organization and anr.
Court: Mumbai
Decided on: Apr-12-2002
Reported in: [2002(93)FLR527]; 2002(4)MhLj31
R.J. Kochar, J. 1. The petitioner is a Nationalised Bank. It is aggrieved by the Award dated 11-11-1992 passed by the Presiding Officer of the Central Government Industrial Tribunal No. 2 in Reference No. CGIT-2/57 of 1988. 2. The respondent No. 1 Union had raised an industrial dispute seeking to challenge the action of the Management in the appointment of Special Assistants on the strength of clerical staff as on 31-12-1984 and 31-12-1985 in accordance with the Settlement dated 6-2-1987. According to the respondent-Union the petitioner Bank ought to have appointed the concerned two employees Shri Purohit and Shri Godbole as Special Assistants in the vacancies which arose on 31-12-1984 and 31-12-1985 in accordance with the existing practice of seniority and not in accordance with the Settlement dated 6-2-1987 between the Bank and the majority Union done. The present minority Union challenged the said action of the Management. There is no dispute that both of them have been subsequently...
S. Prithvipal Singh Dharam Singh Hanspal Vs. United Commercial Bank
Court: Mumbai
Decided on: Apr-12-2002
Reported in: 2002(6)BomCR785; (2002)3BOMLR383; (2003)IILLJ87Bom
R.K. Batta, J.1. The petitioner was appointed as a stenographer on December 11, 1967 and was promoted as D-Grade Officer with effect from July 1, 1980. On July 20, 1981, he was, promoted as Branch Manager at Hindustan Lalpeth Branch in Chandrapur. On October 17, 1981 another Branch Manager was posted and the petitioner was asked to work under him. By a letter dated September 11, 1982, the, management proposed to hold enquiry against the petitioner. The statement of allegations, dated September 11, 1982, along with Annexures A to E was furnished to the petitioner. The petitioner filed reply, dated October 29, 1982. The enquiry into the charges was conducted on November 22, 1983 and November 23, 1983. The enquiry officer vide enquiry report dated January 30, 1984 found that all the charges have been proved. On April 4, 1984, the disciplinary authority came to the conclusion that majority of the charges levelled against the petitioner had been proved and a notice was issued to the petitio...
Trimbak Sangramappa Kadge Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Apr-12-2002
Reported in: 2002(4)ALLMR114; 2003(2)BomCR231
B.H. Marlapalle, J.1. The petitioner was born on 20th July, 1940. He completed his B.Sc. degree course in 1962. He obtained his M.Sc. degree in 1964 and came to be appointed as Lecturer in Botany at Dayanand Science College, Latur on 20th June, 1964. He came to be appointed as Vice Principal of Shri Mahatma Basweshwar College, Latur on 20th June, 1970 and became the Principal of the said college with effect from 7th June, 1971. The petitioner could have reached the age of superannuation in July, 2000. However, he made an application for voluntary retirement and the same was accepted with effect from 1st July, 1989 though he had opted for such retirement from 1st April, 1989. In the meanwhile, the Government of Maharashtra issued a Resolution dated 21st July, 1983 directing that the pension, gratuity and other retirement benefits admissible to the Maharashtra State Government Servants under the Maharashtra Civil Services (Pension) Rules, 1982, including the family pension, 1984 containe...
Kumar Constructions Vs. Deshastha Regved Sanstha and anr.
Court: Mumbai
Decided on: Apr-12-2002
Reported in: 2002(5)BomCR497
A.M. Khanwilkar, J.1. Rule. Rule made returnable forthwith by consent. Counsel for the respective respondents waive service. Heard for final disposal by consent.2. This writ petition takes exception to the order passed by the Joint Charity Commissioner, Nasik dated May 15, 2001 in Application No. 63 of 2001 according sanction in respect of alienation of Survey No. 781 area 1 hectare 14 areas situated at Nasik owned by the respondent No. 1 trust in favour of respondent Nos. 2 and 3 for a total consideration of Rs. 51 lacs and developed plot of 1000 sq. yds. as per the terms and conditions agreed upon in the agreement of sale dated 2nd September, 1999.3. Briefly stated, the respondent trust issued public notice on 23-7-1999 declaring its intention to alienate the subject trust property. In response to the said public notice, in all seven offers were received. The same were opened on 1-9-1999. It transpired that the petitioner was one of the offeror and had offered sum of Rs. 45/- lacs, w...
Janata Mazdoor Union Vs. Tas Engineering Pvt. Ltd. and ors.
Court: Mumbai
Decided on: Apr-12-2002
Reported in: 2002(5)BomCR502; [2002(95)FLR739]
R.J. Kochar, J.1. The petitioner is a trade union representing the workmen employed under respondent No. 1. The petitioner is aggrieved by the Award dated 26th October, 1994 passed by the Industrial Tribunal, Thane in Reference I.T. No. 19 of 1985, referred by Government of Maharashtra under section 10(1)(d) of the Industrial Disputes Act, 1947 for adjudication of the industrial dispute raised by the petitioner union on behalf of the 18 workmen mentioned in the order of reference. The industrial dispute on behalf of the said 18 workmen was in respect of their demand of reinstatement with full backwages and continuity of service with effect from 31st January, 1985.2. The petitioner union appeared before the Tribunal and filed its statement of claim to justify its claim of reinstatement with full backwages and continuity of service. It was the case of the petitioner union that the respondent company had on 30th January, 1985 effected retrenchment of 20 workmen at the closing working hour...
Piramal Spg. and Wvg. Mills Ltd. Vs. Commissioner of C. Ex. and Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-11-2002
Reported in: (2002)(146)ELT143Tri(Mum.)bai
1. After hearing on the stay application for some time, it transpired, that the appeal itself could be disposed off, finally, on the short point of the lower authority's order conflicting to the findings therein. With the consent of both sides, and on waiving the pre-deposit of the amount, we take up the appeal for final decision.2. The issue in this appeal is levy of duty, on waste arising during the process of yarn at ring frame, cone-winding, reeling, warping, sizing and pirn winding. This 'yarn waste' is cleared by the assessee without payment of duty and is liable for discharge of duty under Chapter 55.05. The lower authorities have considered the plea of the appellants and have rightly held that a new product falling under Chapter Heading 55.04 has emerged in the composite mill and duty on the same could not be avoided. They have also held that in case, any credit of input duty on yarn becomes due, the appellants would be entitled for the same on fulfilment and complying with th...
Yusuf Kader Vs. Cc (P)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-11-2002
Reported in: (2002)(104)LC875Tri(Mum.)bai
1. The brief facts of the case are that consequent to information gathered during investigation of customs seizure case of contraband goods such as wrist watches of foreign origin, textiles of foreign origin, miscellaneous goods of foreign origin, Indian currency and foreign currency valued at approximately Rs. 38 Lakhs along with mechanised vessel MFV Manek Prasad BLS-512 on 2/3.2.1981 and after the issue of show cause notices to the Tandel of the vessel and seven others on 25th July, 1981, DRI officers of Bombay Zonal Unit carried out further investigations. When the investigations were going on the Tandel of the vessel Shri Bhagwanbhai Channabhai was detained under COFEPOSA on 18.6.1981. The Tandel wrote several letters to the DRI stating that he would like to discuss certain important points in connection with his case. Therefore his further statements were recorded on 6/8th August, 1981 in which he named one Shakeel Ahmed, Shamshi Seth and Yusuf Batata (appellants herein) as pers...
Eimco Elecon (India) Ltd. Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-11-2002
Reported in: (2002)LC482Tri(Mum.)bai
1. This is an appeal against the order of the Commissioner of Central Excise, Vadodara. In that order, adjudicating on the notice issued to the appellant, the Commissioner has confirmed the classification under Heading 8483.00 of the tariff pinion manufactured by the appellant and confirmed the differential duty consequently payable on the clearance of these goods. He has also imposed a penalty on the appellant.2. We have heard the representative of the appellant and the Departmental Representative.3. It is first contended on behalf of the appellant that the pinions are rightly to be classifiable under Heading 72.26 as parts of general use. We are unable to accept this contention. The appellant does not dispute that the pinion is a gear. McGraw Hill Dictionary of Science and Technology defines it as a "smaller of a pair of gear wheels or the smallest wheel of a gear train". We do not see how merely because it is manufactured out of hot rolled bars and rods of Heading 72.28 it falls un...
Simplex Mills Co. Ltd. Vs. Commissioner of Cus. and C. Ex.,
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-11-2002
Reported in: (2002)(81)ECC704
1. This stay application concerns recovery of duty on yarn which was capitvely consumed. The show cause notice was issued alleging that the value for captively consumed yarn was not the same for comparable yarn sold at the factory gate by the same appellant.2. After hearing both sides, we find that the Assistant Commissioner had come to a very clear finding that the prices of the alleged comparable yarn sold at the factory gate included the component costs which provide for certain processes, narrated by him in his order.Therefore he came to a conclusion, that there were no factory gate comparable goods and prices available for comparison. In appeal the Revenue did not challenge this finding of fact, arrived at by the Assistant Commissioner. The appeal by the Revenues was on the following grounds relying on certain decisions : (i) Contention of Assistant Commissioner, Central Excise that the value of cotton yarn consumed captively would be on lower side since cotton yarn is cleared at...
Deepa Sons Vs. Cc
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-11-2002
Reported in: (2002)(104)LC187Tri(Mum.)bai
1. The appellants herein imported goods declared by them to be 525 pieces of Electronic Keyboards under Customs Tariff Heading 9503.50 and produced special import licence dated 13th October, 1995 to cover the goods under Appendix 35. serial No. 16 of the Handbook of Procedure 1992-97. The Additional Commissioner of Customs held that the import was unauthorised since the goods were Toy Musical Instruments covered by heading 9503.50 while electronic keyboards permissible for import under serial No. 16 of Appendix fall for classification under Heading 92.07. He therefore confiscated the goods with option to redeem the same on payment of fine of Rs. 95,000/- and also imposed penalty of Rs. 10,000/- on the importers. The Commissioner (Appeals) upheld the order of adjudicating authority who held that the goods required specific import licence for importation since heading 9503.50 which was claimed to be the classification for the imported goods was covered by serial No. 12 and 15 of Appendi...
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