Mumbai Court June 2009 Judgments
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Gurukripa Traders Vs. Kailas Ramnarayan and anr.
Court: Mumbai
Decided on: Jun-08-2009
Reported in: 2009(4)BomCR649; 2009(111)BomLR2728
A.S. Oka, J.1. On 5th May 2009 the learned Counsel appearing for the parties were put to notice that this petition will be disposed of finally at the admission stage. Accordingly, the submissions have been heard of the learned Counsel appearing for the petitioner, the learned Counsel appearing for the first respondent as well as learned Public Prosecutor for the State.2. The petitioner was arraigned as an accused in a complaint filed by the first respondent alleging commission of offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the said Act'). By the judgement and order dated 03rd October 2008, the learned Judicial Magistrate, First Class, at Niphad convicted the petitioner for commission of offence under Section 138 of the said Act. The petitioner was sentenced to suffer rigorous imprisonment for one month and to pay a fine of Rs. 10.00 lakhs. In default of payment of fine, he was sentenced to undergo simple imprisonment for fifteen days. ...
Shri Harischandra Lekhraj and anr. Vs. Shri Bhalchandra Naik
Court: Mumbai
Decided on: Jun-08-2009
Reported in: 2009(111)BomLR2263
Roshan Dalvi, J.1. This Criminal Application challenges the order of the learned Judicial Magistrate, First Class (JMFC), Sattari at Volpoi, issuing process against the Petitioners in a complaint filed by the Respondent herein in Criminal Case No. 20/P/2005 and the order of the Ad-hoc Additional Sessions Judge, Fast Track Court at Panaji in Criminal Revision Application No. 89 of 2007 dated 5.3.2008.2. The parties have been involved in a series of litigation by and between them essentially of civil nature pursuant to they being neighbours in their professional work. The Petitioners as well as the Respondent have mining lease/mining concession of 2 adjacent mines, common boundary of which has caused serious disputes between them with regard to access to their respective mining areas.3. This Application is not concerned with the legal rights, if any, of either of the parties in the mining lease/mining concession claimed by them. However, it would be important to set out and understand th...
The Executive Engineer, Lower Wana Project Division, Vs. Vasant Nattuj ...
Court: Mumbai
Decided on: Jun-08-2009
Reported in: 2009(4)BomCR653; 2009(111)BomLR2716
C.L. Pangarkar, J.1. By this writ petition, the petitioners challenge the order passed by the Industrial Court whereby he allowed the review application and set aside his own order.2. The facts giving rise to the petition are as follows.The petitioner was the original respondent in a complaint before the Labour court. The petitioner is an Executive Engineer of Lower Wana Project. Respondent Vasant was working as a workman with the petitioner. A domestic enquiry was instituted against the respondent Vasant for a misconduct. The enquiry Officer held respondent - Vasant guilty of the misconduct. Upon consideration of the report of enquiry, the petitioner passed an order dismissing the respondent Vasant from service. It was alleged that while respondent Vasant was working as a watchman a theft of eight tyres had taken place in the establishment of the petitioner and therefore said domestic enquiry was held. Respondent Vasant, therefore, filed an application before the labour court alleging...
Maharashtra State Handloom Corporation Limited, Through Its Managing D ...
Court: Mumbai
Decided on: Jun-08-2009
Reported in: 2009(4)BomCR605; 2009(6)MhLj268
R.C. Chavan, J.1. This petition by the State Handloom Corporation takes exception to the order passed by learned Member, Industrial Court, Nagpur allowing respondents workmens' complaint under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act ('MRTU & PULP Act' for short), holding the petitioner guilty of engaging in unfair labour practice within the meaning of Items 5 and 9 in Schedule IV to the MRTU & PULP Act, and directing the petitioner to bring the respondents on the timescale prescribed for the posts of Mazdoors, giving them all the benefits as per service rules w.e.f. 1st March, 1982.2. Facts which led to filing of the complaints before the Industrial Court are as under:The respondents had been engaged by the petitioner at a Dye Shed at Nagpur for dying yarn used in weaving hand loom cloth. They were piecerated employees whose wages were allegedly converted into fixed rate for eight hours of working. According to the respondent workmen, t...
Nava Bharat Press (Nagpur) Through Its Partner Vinodkumar S/O Ramgopal ...
Court: Mumbai
Decided on: Jun-08-2009
Reported in: 2009(4)BomCR580
R.C. Chavan, J.1. This petition by Management takes exception to award by the learned Presiding Officer, Industrial Tribunal, Nagpur, in Reference No. (IT) 5 of 1983 before him, whereby he upheld the demand of workmen for reclassification of the establishment in Class-II for the purpose of determining service conditions of workmen as per Palekar award.2. Facts, which are material for deciding this petition, are as under:In 1937, Late Ramgopal Maheshwari started daily newspaper 'Navbharat' at Nagpur as proprietory concern. By 1960, he was printing and publishing the newspaper from Nagpur, Jabalpur, Bhopal, Raipur and Indore, as also an English daily 'Madhya Pradesh Chronicle' from Bhopal and Raipur as Karta of a H.U.F. comprising of himself and his three sons. This was converted into a registered partnership of the four members of H.U.F. on 1-4-1963, which continued till 31-12-1982, after addition of a fifth partner M/s. Nav Bharat Press Pvt. Ltd. on 27-10-1982.3. Palekar Award for news...
Yashwant S/O. Motiram Patel and Deoyani Madhushala Private Ltd. Throug ...
Court: Mumbai
Decided on: Jun-08-2009
Reported in: 2009(4)BomCR595
R.C. Chavan, J.1. By this petition, the petitioners seek quashing and setting aside appellate order passed by Commissioner of State Excise on 08.12.1995, whereby the Commissioner allowed respondent No. 4's appeal against order of the Collector and directed removal of names of petitioners from CLIII Licence No. 26/8687, for selling country liquor.2. Facts relevant for deciding this petition are as under : One Narayan Naik was granted licence No. CLIII 22/8687 for running a country liquor shop at Ashok Chowk, Siraspeth, Nagpur. On 04.10.1988 an application, bearing signatures of Narayan Naik, Petitioner No. 1 and Respondent No. 5, was moved for transfer of said licence in the name of petitioner No. 2 a Private Limited Company of which the three signatories were stated to be directors. After an enquiry, by order dated 23.02.1989 the State Government transferred the licence in the name of petitioner No. 2 upon certain conditions, namely, that original licensee should get larger share of pr...
Anna Pandurang Vaidya Since Deceased (Through Lrs Smt. Bebitai W/O Ann ...
Court: Mumbai
Decided on: Jun-08-2009
Reported in: 2009(4)BomCR633
R.C. Chavan, J.1. Writ Petition No. 1814 of 1998 by workmen and Writ Petition No. 4022 of 1998 by employer are directed against order passed on 23-1-1998 in ULPA Complaint No. 1646 of 1991 by the learned Member, Industrial Court, Nagpur, whereby he held the employer guilty of unfair labour practice as defined in item 6 of Schedule IV of MRTU & PULP Act, and directed the employer to give benefits of regularization and permanency as Gatemen to complainant-workmen at Sr. Nos.1 to 15 and 18 to 20 from the date of complaint, i.e. 17-12-1991. By the said order, he also directed that benefit of regularization and permanency as Driver be given to workman at Sr. No. 16 in the complaint from the date of complaint to 8-7-1995 (when he was dismissed on a ground unconnected with the lis). Workman at Sr. No. 17 in the complaint was directed to be given similar benefit of regularization as Gateman from the date of complaint till his appointment as Typist. Employer is aggrieved because workmen were gr...
Shri Shivaji Education Society Through Its President and Shri Shivaji ...
Court: Mumbai
Decided on: Jun-08-2009
Reported in: 2009(4)BomCR591
R.C. Chavan, J.1. By this petition, management of a College seeks quashing and setting aside of the judgment dated 19/2/1999 delivered by the Presiding Officer, College Tribunal, Nagpur for Nagpur and Amravati Universities allowing respondent No. 1's appeal No. A-5/96, setting aside demotion of respondent No. 1 from the post of Principal of a College to the post of an Assistant Professor in the same College.2. It is not in dispute that respondent No. 1 was appointed as Principal w.e.f. 17/5/1985 in the College run by petitioner, after he was selected by a duly constituted selection committee, initially temporarily on a trial basis, then on probation and later on as in-charge Principal and again on probation. On 23/9/1987 he was given a three months notice of termination. He filed a writ petition bearing No. 2380 of 1987 in which stay was granted and College Tribunal at Aurangabad was directed to hear his appeal. By judgment dated 17/7/1989, College Tribunal held in favour of respondent...
Sadhana Shikshan Prasarak Mandal through Its President/Chairman Shri L ...
Court: Mumbai
Decided on: Jun-08-2009
Reported in: 2009(4)BomCR586
C.L. Pangarkar, J.1. Rule. Rule made returnable forthwith. Heard finally with consent of the parties.2. The petitioners challenge the order passed by respondent No. 1 taking over the management of the school and also challenge further order whereby extension to the appointment of Administrator was granted.3. Petitioner No. 1 is a registered Educational Cooperative Society, registered under the Maharashtra Cooperative Societies Act. Petitioner No. 2 is a School run by petitioner No. 1 - Society at village Rui in Yavatmal District. Respondent No. 1 had accorded sanction for running said school. The school has been receiving grant-in-aid right from 1965. A Junior College with Arts and Commerce Faculty is attached to this school and the school also conducts M.C.V.C. Courses. The said M.C.V.C. Course also receives grant-in-aid. It is contended by the petitioner that all facilities have been made available in the said school. The school was being run right from 1964 up to year 2006 smoothly ...
Municipal Council Through Its President, Municipal Councif L and the C ...
Court: Mumbai
Decided on: Jun-08-2009
Reported in: 2009(4)BomCR612
R.C. Chavan, J.1. This petition by Municipal Council is directed against order dated 19.11.1996 passed by the Industrial Court at Nagpur holding the petitioner guilty of unfair labour practice in not granting permanency to respondent's members and directing the council to seek approval of Government for creating requisite posts and make respondents permanent upon approval by the Government, as also to extend to respondent's members all the benefits and privileges of permanent employees from the date of complaint, i.e. 03.07.1992.2. Facts material for deciding the petition are as under : Fifty three members of respondent union were working with the petitioner council as daily wagers, some of them since 1972. They were not absorbed or regularised and were not being paid wages on par with permanent employees. The Union, therefore, complained of unfair labour practice as defined in item 6 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practice...