Court : Mumbai
Reported in : (1959)IILLJ441Bom
1. this industrial dispute has been referred to me under clause (d) of sub-section (1) of s. 10 of the industrial disputes act, 1947, by the labour and social welfare department order no. a.j.b. 41(2) 58, dated 21 august 1958. ..... said award the tribunal referred to several authorities and held that a gratuity scheme could be introduced over and above a provident fund scheme. in 1950 i.c.r. bom. 8 'the tribunal observed that there was no system of paying gratuity to the mill clerks in bombay till then ..... that the company has not been prosperous of late. we are of the view that the gratuity scheme we have given in the case of the army and navy stores, ltd. 1951 ii l.l.j. 31, would be appropriate.' 28. sri pai was quick to distinguish the cases of the ..... to making the start now. 30. the next question is, what should be the rate at which gratuity should be paid. in the case of army and navy stores, ltd. 1951 ii l.l.j. 31, the labour appellate tribunal allowed gratuity at the rate of half a month's .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR1
..... that connection their lordships of the privy council upheld the decree of dismissal of courts. the reasons which led their lordships to that conclusion were stated as follows:-'section 96b, in express terms, states that office is held during pleasure. there is therefore no need for the implication of this term and no room for its ..... plaintiff appellant before the privy council in the case of venkat rao was based on the provisions of section 96b of the government of india act, 1915. the relevant part of section 96b provided that'subject to the provisions of this act and of rules made thereunder, every person in the civil service of the crown in india holds ..... be wrongful dismissal of plaintiffs who had been employed in defence service. in each of the cases reliance was sought to be placed on rules described as army instructions and/or kdepartmental rules entitiling the plaintiffs to a proper prescribed hearing. it was contended that the rules had been violated and that accordingly the orders .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR383; 1960CriLJ1558
..... order is also illegal. in this connection it is necessary to mention certain facts and the relevant provisions of the navy act.(24) section 2 of the navy act 1957 specifies the classes of persons, who are subject to naval law. sub-section (3) of s. 3 defines a civil offence as meaning an offence triable by a court of ordinary criminal jurisdiction ..... to naval law commits murder of a civilian, that is aperson not subject to army, naval or air force law, at any place other than that referred to in clause(a), (b) or (c) in sub-section(2) of section 78, he cannot be tried under under the act, but he must be tried in an ordinary criminal court. it was on account ..... of section 78 states as follows:'a person subject to naval law who commits an offence of murder against a person not subject to army, naval or air force law or an offence of culpable homicide not amounting to murder against such person or an offence of rape in relaion to such person shall not be tried and punished under this act unless .....
Tag this Judgment!Court : Mumbai
Reported in : (1961)63BOMLR442
..... other powers enabling it in this behalf, the central government is pleased to delegate to the provincial government of bombay the extra-provincial jurisdiction aforesaid conferred by section 4 of the said act to make orders for the exercise of that jurisdiction.provided that:-(1) the exercise of the jurisdiction hereby delegated shall be subject to the control of ..... liabilities of the former ruler, and that part of such property consists of debts due to him. the government is not compelled to collect such debts vi et armis; it may avail itself of the assistance of its courts of law for the purpose, in the same way as though the debts had accrued due to it ..... the original defendant, the government of baroda. the reliefs, however, remained the same. to this amended plaint, the written statement (exh. 12) was filed on december 6, 1950. it was contended that plaintiff ought to be called upon to amend the plaint so as to describe the defendant as the state of bombay. it was further pleaded that .....
Tag this Judgment!Court : Mumbai
Reported in : (1961)IILLJ727Bom
..... to appreciate the argument advanced by sri rajni patel, who appears for the petitioners, it is necessary to refer to certain provisions of the industrial disputes act. section 10 of the act provides that if the appropriate government is of opinion that any industrial dispute exists or is apprehended, it may at any time, by order in writing ..... submitted by the conciliation officer, the government came, to the conclusion that it was not necessary to refer the dispute to a board or tribunal under section 12(5) of the act. this was communicated to the petitioners by a letter, dated 1 july 1968 addressed to them by the deputy secretary to government of bombay, labour ..... with the disputing parties but could not bring about a conciliation. on 15 april 1958, he therefore 'submitted a report to the government of bombay under section 112(4) of the act. in his report, amongst other things, he stated that the (management denied the charge of victimization of petitioners 2 and 3. he further stated that .....
Tag this Judgment!Court : Mumbai
Reported in : (1961)63BOMLR342; [1961(3)FLR131]; (1961)ILLJ711Bom
..... it is, therefore, contended that the petitioners' shop is not an industry within the meaning of the industrial disputes settlement act and, therefore, respondent 5 is not an employee working in an industry. section 2(11) of the act defines employer and includes - '(a) an association or a group of employers; (b) any agent of an ..... quoted provision it is necessary for the applicant under s. 16 of the industrial disputes act to prove that he is an employee working in an industry to which the notification under sub-section (1) applies. under notification issued under sub-section (1) of s. 16, the state government directs that industrial disputes touching the ..... to arbitration on failure of conciliation proceedings. chapter vi deals with illegal strikes and lockouts. section 2(27) defines 'strike' as meaning a total or partial cessation of work by employees employed in an industrial undertaking acting in combination or a concerted refusal or a refusal under a common understanding of employees to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1962Bom154; (1961)63BOMLR1001; ILR1962Bom382
..... any civil or revenue court. an appeal against the decision of the registrar or his nominee lies to the bombay co-operative tribunal constituted under section 63a of the act. sub-section (7) of this section states that an order passed by the tribunal shall be final and conclusive and shall not be liable to be called in question in any ..... ) a further rent equal to the proportion (applicable to the tenement) of the expense incurred from time to time in insurance against fire, tempest or flood or violence by an army or mob or other irresistible force and in the management of the society and the maintenance and repair of the society's estate. . . . . . .(d) a further ..... justice gajendragadkar in civil revn. appln. no. 894 of 1949, d/-1-3-1950, in which the learned judge held that a dispute of the kind referred to above can be decided by the registrar or his nominee under section 54 of the co-operative societies act. it does not, however, appear from the judgment that the learned judge's attention .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1963Bom21; (1962)64BOMLR440; 1963CriLJ152; ILR1962Bom523
..... penal code has no application inasmuch as it is a conviction by a court martial under the army act, and in the army act there is no provision similar to the one under section 70 of the indian penal code. under section 174 of the army act the military authorities concerned have a power to send a copy of the sentence to any magistrate ..... the record of the case shows that the conviction is under section 409 of the indian penal code. mr. gumaste has referred us to section 69 of the army act and the material part of that section provides that:'subject to the provisions of section 70, any person subject to this act who at any place in or beyond india commits any civil ..... to take cognizance of and try civil offences as if they were offences under the act. civil offence has been defined under section 3(ii) of the army act to mean 'an offence which is triable by a criminal court'. but for the provisions of section 69 a court martial would not have jurisdiction to take cognizance of and try any .....
Tag this Judgment!Court : Mumbai
Reported in : (1962)64BOMLR560
..... of possession of agricultural land in pursuance of an agreement of sale amounts to 'a permanent alienation or transfer' within the meaning of that expression in section 98a of the hyderabad tenancy and agricultural lands act, 1950. ft appears from the impugned judgment of the revenue tribunal, and from what we were told at the bar, that this question is involved directly or ..... permanent alienations or transfers which took place after the commencement of the hyderabad tenancy and agricultural lands act, 1950, and before december 1, 1957, which were invalid under the act but were intended to be validated under section 98a. even in respect of such transactions, sub-section (3) of section 98a provides that, if the alienee or transferee fails to pay the penalty referred to in .....
Tag this Judgment!Court : Mumbai
Reported in : [1963]50ITR761(Bom)
..... proceedings could be said to have been initiated for the purpose of determining whether the provisions of the old court fees act or the new court fees act applied to the applications under section 66(2) and section 66(3) arising out of the said proceedings. 2. it is urged on behalf of the assessee that the assessment ..... ltd. v. commissioner of income-tax we held that the provisions of article 16 of the bombay court fees act of 1959 were not applicable to applications under section 66(2) and section 66(3) of the income-tax act, 1922, which were made in respect of assessment proceedings which were initiated before the said provision came into force ..... no doubt the said public notice is the first step which sets in motion the machinery provided in the act for inquiring into, determining, levying and recovering the tax, which is charged under the charging sections of the act, but it does not start the assessment proceedings against any individual assessee as such. if after the publication .....
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