Mumbai Court July 2012 Judgments
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Tanaji D. Chavan Vs. the Partner, M/S. Plastica Interlinked Industrial ...
Court: Mumbai
Decided on: Jul-13-2012
ORAL JUDGMENT : 1. The Petitioner has challenged impugned order dated 17th January, 1998 only to the extent of denied of entire back wages while granting the order of reinstatement. The Petitioner admittedly never joined the service. 2. The Court after considering the material placed on record by the rival parties made a clear finding in favour of the Petitioner so far as the order of reinstatement. There is no challenge by the Respondent. The only question that needs to be considered now is whether the Court has committed an error while denying the back wages, though awarded the reinstatement. 3. “No work no pay”, in my view, is the basic formula which should be taken note of while granting the back wages, though there is order of reinstatement. While considering the basic provisions and settled law relating to the back wages which cannot be ignored. The proviso of Section 17B of the Industrial Dispute Act, 1947 (for short I.D. Act) is quite clear which reads thus: “...
Shri Atul Pande Vs. M/S. Siemens It Solutions and Services Pvt. Ltd. a ...
Court: Mumbai
Decided on: Jul-13-2012
The Petitioner in person, has challenged the impugned interlocutory order dated 3 March 2012 passed by the Presiding Officer, Labour Court, Mumbai, whereby his Application under Section 36 of the Industrial Disputes Act, 1949 (for short, “the I.D. Act”) dated 19 December 2011 was rejected, whereby objected the Respondent's alleged advocates, though now appeared as officers based upon the authority letter, being member of the Union. 2 The main Application under Section 33C (2) filed by the Petitioner on 4 July 2011, is still pending. As the Application was filed objecting to the appearances of Shri R.P. Gawde and Shri G.S. Desai, as initially they appeared as Advocates of Respondent Union/Association, but as objected they filed authority letter in capacity of Officers of the Indian Employers Association, of which the opponent is a member. There is no dispute and/or challenge raised that they are not Officers of the Association, though there is also no denial that initially f...
Smt. Kausalyabai Kisan Chavan Vs. Sakharam Namdeo Gaikwad, Deceased, T ...
Court: Mumbai Aurangabad
Decided on: Jul-13-2012
1 This petition is filed challenging the judgment and order passed by the Deputy Accountant cum Tenancy Awal Karkun, Kopargaon on 27th December, 1980, in Tenancy Case No.89 of 1974, judgment and order passed by the Sub-Divisional Officer, Sangamner in Tenancy Appeal No.161 of 1981, dated 16th February, 1985, and the judgment and order passed by the Maharashtra Revenue Tribunal, Pune in Revision Application No. MRT/AH/IV5/85 (Tenancy B94/85), dated 16th September, 1985. 2 The Petitioner is tenant and Respondents are owners / landlords of the suit property. The subject matter of the present writ petition i.e. suit land has been referred to by the learned Tenancy Awal Karkun. Suffice to note that, four small pieces of agricultural lands, situated at village Shirdi, Taluka Kopargaon, District Ahmednagar are the subject matters of the present writ petition. The suit property was allegedly leased out by deceased Jijaba in favour of the Petitioner by registered lease deed dated 18th December,...
Shri Vishram Jaya Shetkar Alias Manohar Jaya Shetkar and Others Vs. Sh ...
Court: Mumbai Goa
Decided on: Jul-13-2012
This Second Appeal is filed against the Judgment and Decree dated 30/4/2003 passed by the learned First Additional District Judge, South Goa, Margao (First Appellate Court, for short) in Regular Civil Appeal No. 98/1999. 2. The said Regular Civil Appeal was filed by the defendant of Regular Civil Suit No. 83/1992/B against the Judgment and Decree dated 31/8/1999 passed by the learned Civil Judge, Junior Division, Quepem (Trial Court, for short), in the said suit. 3. The parties shall be referred to in the manner as they appear in the cause title of the said Regular Civil Suit. 4. The plaintiffs had filed the said suit, against the defendant, for damages of Rs.18,800/- and they had also prayed for interest at the rate of 18% per annum on the said sum of Rs.18,800/-, calculated at quarterly rests as from 6/10/1992 till the actual payment. 5. Case of the plaintiffs was as follows: They are co-owners in possession and enjoyment of a landed property, bearing survey no.19/17, situated at Amo...
Shaba Zulo Shet (Since Deceased, Through His Legal Heirs) and Others V ...
Court: Mumbai Goa
Decided on: Jul-13-2012
The above appeals arise out of common judgment and order dated 24/6/2002 passed by the learned District Judge, South Goa, Margao (Reference Court, for short.) in Land Acquisition Cases No. 218/89/I, 224/89/I, 64/87, 221/89/I and 223/89/I. The M. C. A.s, tagged to the above appeals, are filed under Order XLI, Rule 27(aa) of Civil Procedure Code, for leave to tender in evidence a certificate of death regarding Satyabhama Bolnekar. By order dated 24/11/2011, this Court has directed that the said M. C. A.s shall to be considered along with the appeals. 2. Facts giving rise to the appeals, in short, are as follows: The Government had acquired land for 5 MLD Water Supply Scheme to Canacona and surrounding villages which was subject matter of L.A.C no. 64/87 and for construction of approach road to Talpona-Galgibaga Bridge on Canacona side, which was subject matter of other Land acquisition cases No. 218/89/I, 224/89/I, 221/89/I and 223/89/I. The properties involved in the acquisition, insofa...
Shri Atul Pande Vs. M/S. Siemens It Solutions and Services Pvt. Ltd. a ...
Court: Mumbai
Decided on: Jul-13-2012
The Petitioner in person, has challenged the impugned interlocutory order dated 3 March 2012 passed by the Presiding Officer, Labour Court, Mumbai, whereby his Application under Section 36 of the Industrial Disputes Act, 1949 (for short, the I.D. Act) dated 19 December 2011 was rejected, whereby objected the Respondent's alleged advocates, though now appeared as officers based upon the authority letter, being member of the Union. 2 The main Application under Section 33C (2) filed by the Petitioner on 4 July 2011, is still pending. As the Application was filed objecting to the appearances of Shri R.P. Gawde and Shri G.S. Desai, as initially they appeared as Advocates of Respondent Union/Association, but as objected they filed authority letter in capacity of Officers of the Indian Employers Association, of which the opponent is a member. There is no dispute and/or challenge raised that they are not Officers of the Association, though there is also no denial that initially filed Vakalatna...
Hanuman Vyayam Prasarak Mandal a Society Registered Under the Societie ...
Court: Mumbai
Decided on: Jul-13-2012
(Per S.C. Dharmadhikari, J) 1. Rule. Respondents waive service. By consent of the parties and looking to the urgency, rule is made returnable forthwith. 2. By these petitions under Article 226 of the Constitution of India, the petitioners are challenging the order dated 14.09.2011 passed by the Union of India, Department of Health and Family Welfare and particularly styled as AYUSH i.e. Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy. 3. By the said order, the Government of India has refused to grant permission for admitting students to the B.A.M.S. (under Graduate) to the P.G. Course (Post Graduate) in Shalakya for the session 201011. For appreciating the challenge to the impugned order, it would be proper to narrate the facts in Writ Petition No. 4965/2011. 4. The first petitioner is a Society, registered under the Societies Registration Act, 1960 so also under the Bombay Public Trust Act, 1950 as a public charitable trust. The second petitioner is a Colleg...
Tanaji D. Chavan Vs. the Partner, M/S. Plastica Interlinked Industrial ...
Court: Mumbai
Decided on: Jul-13-2012
ORAL JUDGMENT : 1. The Petitioner has challenged impugned order dated 17th January, 1998 only to the extent of denied of entire back wages while granting the order of reinstatement. The Petitioner admittedly never joined the service. 2. The Court after considering the material placed on record by the rival parties made a clear finding in favour of the Petitioner so far as the order of reinstatement. There is no challenge by the Respondent. The only question that needs to be considered now is whether the Court has committed an error while denying the back wages, though awarded the reinstatement. 3. No work no pay, in my view, is the basic formula which should be taken note of while granting the back wages, though there is order of reinstatement. While considering the basic provisions and settled law relating to the back wages which cannot be ignored. The proviso of Section 17B of the Industrial Dispute Act, 1947 (for short I.D. Act) is quite clear which reads thus: Provided that where i...
Shri Heriberto Francisco Maria D'Cunha alias Hariberto D'Cunha (since ...
Court: Mumbai Goa
Decided on: Jul-13-2012
By this appeal, the appellants take exception to the order dated 13th November, 2001, passed in Civil Misc. Application 115/97/B in Special Civil Suit No.65/97/B by the Addl. Civil Judge, Senior Division, at Vasco da Goa, dismissing the application for interim relief filed by the original plaintiff. 2. The appellants are legal representatives of the original plaintiff who expired during the pendency of the appeal before this Court and the respondents are the original defendants in the above suit. The parties shall, hereinafter, be referred to as per their status before the Trial Court. 3. The plaintiff filed the above suit for declaration that the sale deeds dated 21.5.1996 and 19.9.1996 executed by defendant No.1 in favour of defendant No.3 be treated as null and void and not binding on the plaintiff since they have no right in the property known as Adolem e Balcondicho Vollo, situated within the Village Panchayat of Cuelim-Cansualim, Mormugao Taluka, bearing matriz No. 102, and surve...
Vithal Punjaram Pawar Vs. Pandurang Ganpatrao Chavan and Another
Court: Mumbai Aurangabad
Decided on: Jul-13-2012
Oral Judgment: This is an appeal preferred by the original complainant questioning the legality and correctness of the acquittal recorded by learned Judicial Magistrate (First Class), Hadgaon in Summary Criminal Case No.459 of 1995 acquitting the first respondent of the offence punishable under section 138 of the Negotiable Instruments Act by his judgment and order dated 10th March, 1998. 2. After the present appeal came up on the board of final hearing, as none had appeared for the appellant, this court suo moto issued a notice to the appellant and his advocate. It appears that in response to the said notice, none appeared for the appellant. The report of service of the notice on the appellant is also received in this court to the effect that the learned counsel who was originally appearing for the appellant has stopped the practice. Faradsheet shows that after service of notice on the appellant, the appeal was adjourned on four occasions. Again a notice was directed to be served on t...
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