Court : Mumbai Aurangabad
..... or delayed wages are paid before the disposal of the application, direct the payment of such compensation, as the authority may think fit, not exceeding two thousand rupees: provided that a claim under this act shall be disposed of as far as practicable within a period of three months from the date of registration of the claim by the authority; provided further that the period of three months may be extended ..... them an opportunity of being heard, and, after such further inquiry, if any, as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this act, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times ..... where more than one person are appointed for any specified area as authorities under sub-section (1), the [appropriate government] may by general or special order make such arrangements as it thinks fit for the distribution of ..... to have been compelled to seek redress under this section, the authority may direct that a penalty [not exceeding three hundred seventy five rupees] be paid to [the appropriate government] by the employer or other person responsible for the payment of wages. (4a) .... (4b) .... ..... learned counsel for respective parties, it would be appropriate to refer to the relevant provisions. ..... by the petitioners and appropriated. ..... bihar reported in air 2005 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... motu may suspend, remove or dismiss any trustee of a public trust, if he, - (a) makes persistent default in the submission of accounts report or return; (b) wilfully disobeys any lawful orders issued by the charity commissioner under the provisions of this act or rules made thereunder by the state government; (c) continuously neglects his duty or commits any malfeasance or misfeasance, or breach of trust in respect of the trust; (d) misappropriates or deals improperly with the properties of the trust of which he is a ..... exercising jurisdiction under section 27, but thereby the essential character of a second appeal under the code was not altered and the procedure in the trial of the suit, applications and proceedings under the act, was the procedure prescribed by the code of civil procedure and, therefore, it had to be held that the legislature has intended to confer a right of second appeal subject to restrictions imposed by section ..... in view of the reasons recorded above, our answer to the questions formulated for consideration, in this reference, is: (1) appeal provided under sub-section 72(4) of the maharashtra public trusts act, 1950, is not subjected to the restrictions and limitations imposed under the provisions of section 100 of the code of civil procedure and the scope of appeal extends to reconsideration of decision of the lower forum ..... appropriate to refer to certain provisions of the maharashtra public trusts act ..... state of bihar and others, reported in (2004) 5 scc 1, it .....
Tag this Judgment!Court : Mumbai Aurangabad
..... petitioners could have initiated a disciplinary proceeding in any appropriate manner as it could deem fit and proper to fix the responsibility of the abovesaid act. ..... long distance schedules are to be monitored by arranging appropriate crew members at different places. ..... bench has concluded that any benefit received or obtained by an employee by reasons of fraud, misrepresentation or any act of deception would disentitle such an employee from retaining the benefit which he has fraudulently acquired. 21. ..... the facts of the said case under the industries (development and regulation) act and the cement control order, 1967 are different and distinct from the facts in the present case ..... it is not its case that the officers of the petitioner/corporation have acted hands in gloves with the employees and have therefore marked their presence on the 3rd consecutive date of working so as to enable the payment of the 3rd day wage in the absence of any actual work performed ..... the respondent/employees preferred complaint (ulp) no.30/2005 for challenging the impugned notice dated 02/02/2005 seeking recovery against 671 workers. ..... [f] a specimen copy of the notice dated 02/02/2005 is placed on record by which each of the employees concerned were directed to repay small/ ..... notices issued by the petitioner were held to be improper vide the impugned order dated 30,9,2005, rendered by the industrial court, latur. 3. ..... state of bihar and others, 2009 air (scw) 1871 = 2009(3) scc 475 and state of punjab and others .....
Tag this Judgment!Court : Mumbai Aurangabad
..... any religious rite in a mosque, idgah, imambara, dargah, maqbara or other religious institution connected with the wakf or to participate in any religious or charitable institution under the wakf, (d) in case of a society registered under the societies registration act, 1860, any member of such society, and (e) in the case of any other public trust, any trustee or beneficiary; section 2 (13) public trust : means an express or constructive trust for either a public, religious or charitable purpose or ..... , sub region, jalna, by his judgment and order dated 15.1.1986 directed that said shri sheri shiva mandir, shamprasad garden, jalna to be registered as a 'public trust' under section 20 of the bombay public trusts act, 1950 and certificate of a section is issued in the name of opponent shri kedargir harigir in the capacity of manager and further due entries be recorded in the register kept u/s 17 of the bombay public trust ..... in light of the discussion made in the foregoing paragraphs, it would be appropriate to direct the learned assistant charity commissioner to reconsider the issuance of certificate of a section by appointing a proper person as a manager to look after the day to day affairs of the trust and its properties till framing of the scheme ..... counsel has also placed his reliance on the judgment passed by the patna high court in case of bihar state board of religious trust vs. ..... in case of the bihar state board of religious ..... state of bihar and another, reported in air 1954 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... with shri p.b.shirsath; shri v.d.salunke, shri m.d.adhav; shri s.r.ganbavale; shri mukul kulkarni and shri v.s.bedre made the following submissions - 8) that, the amended provisions of chapter ii-a of imcc act, 1970, could not be made applicable to the colleges existing before the amendment, that too with retrospective effect and, therefore, the minimum standards and the rigours thereof spoken of by the government would ..... the twelve storeyed building applied for an august 24, 1987 is concerned, it cannot be deemed to have been sanctioned on the expiry of thirty days by virtue of section 319 of the bengal municipal act for the reason that no such permission could have been actually granted under the law then in force in the said area, having regard to the width of the road abutting the respondents' plot and ..... we are fully satisfied that the findings recorded by the central government are appropriate, based on the materials placed before the government and not only that in some cases the documents placed before the government, ..... 13c(2) does not say that the effect of non-permission by the central government to the existing colleges after the amending act came into force would render the medical qualification already granted by the existing colleges before the insertion of sections 13a, ..... of legal fiction, it would be appropriate to quote section 13a(8) of the amending act. ..... 27 of the judgment of the supreme court in the case of bihar state council of ayurvedic and unani medicine vs. ..... bihar .....
Tag this Judgment!Court : Mumbai Aurangabad
..... behalf of the petitioner, submits that the learned tribunal has not construed the provisions of the maharashtra government servants regulation of transfers and prevention of delay in discharge of official duties act, 2005 (hereinafter referred to as the act) in its correct perspective. ..... thus be seen that while interpreting the aforesaid provision of the said act, this court would also have to apply heydon's rule or ..... the learned counsel submits that in view of provisions of section 3 of the act, for an employee like the petitioner or the respondent no.3, the normal tenure in ..... to be seen that prior to enactment of the said act, there was no enactment for regulation of transfers of government servants and the said act has been enacted with a purpose to regulate the transfers ..... nos.1 & 2, it is submitted by the learned agp that since the petitioner was being transferred to a post, which is vacant, it will be governed by clause (i) of proviso to sub-section (4) of section 4 of the act and, therefore, no special reasons are required to be recorded. ..... it is the contention of the petitioner that from 2005, he was given non-executive posts and for the first time on 14.6.2010, he came to be transferred and posted as executive engineer, public works department, division no.1, ..... v/s state of bihar (air 1955 sc 661) has applied the heydon's rule of interpretation and observed thus: "it is a sound rule of construction of a statute firmly established in england as far back as 1584 when heydon .....
Tag this Judgment!Court : Mumbai Aurangabad
..... since petitioner no.2 in that case admittedly is unaided college and was not provided grants or any other funds by the appropriate government directly or indirectly and further the question whether schools or colleges receiving grants-in-aid from the government directly or indirectly would be covered by the definition of public authority ..... our mind that all the colleges receiving grants-in-aid from the government of maharashtra or from the central government will have to be treated as public authority as defined in section 2 (h) of the right to information act, 2005 because such colleges directly or indirectly receive the grants-in-aid from the government(s). ..... argued that the said notification issued by the joint director of higher education, nagpur division, nagpur is liable to be quashed and set aside by holding that the provisions of right to information act, 2005 are not applicable to the petitioners society.5. ..... petition, learned counsel for the petitioners argued that the petitioners are a education society registered under the provisions of the bombay public trusts act, 1950 and it does not receive any grant-in-aid from the government nor it is funded by the state government. ..... nor indirectly funded by the appropriate government. ..... of education dated 12.9.2008, annexure i, by which principals and office bearers of non-government colleges receiving grants-in-aid were directed to appoint public information officers in order to comply with the right to information act, 2005.3. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it is the case of the petitioner that, the union of india promulgated and enacted the national rural employment guarantee act, 2005, (for short, "act of 2005") which is having the main object to provide employment for enhancement of livelihood and security of the households in rural areas of the country by providing at least 100 days of guarantee wage employment in every financial year to every household ..... therefore, it follows from the careful perusal of the provisions of the said act of 2005, and schedule ii under section 5 that, the person applying to register his name under said scheme should be resident, within the jurisdiction of village ..... of the pleadings in the petition, annexures thereto and affidavit in reply filed by the respondent state, we are of the considered opinion that, the prayer of the petitioner cannot be considered within four corners of the provisions of the act of 2005 and also under the mahatma gandhi national rural employment scheme. 7. ..... it is further stated in the affidavit in reply that, objective of the act of 2005 is to provide employment to an unemployed persons of the village who are willing to do work within a radius of 5 ..... the light of discussion herein above, in our opinion, the impugned communication dated 20th january, 2011, which is assailed in this writ petition, cannot be said to be illegal or arbitrary, rather it is in consonance with the provisions of the act of 2005 and scheme framed thereunder by the government of maharashtra. 14. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... section 2(h) of the right to information act, 2005, provides for definition of public authority , which reads thus: 2 definitions: in this act, unless the context otherwise requires, (h) public authority means any authority or body or institution of selfgovernment established or constituted (a) by or under the constitution; (b) by any other law made by parliament; (c) by any other law made by state legislature; (d) by notification issued or order made by the appropriate government, and includes any (i) body owned, controlled or substantially financed; (ii) non-government organisation ..... the instant matter, it has not been disputed that petitioner no.2 has been established under a notification issued by the central government and as such, the central government falls within the definition of appropriate government under section 2(a) of the right to information act, 2005. 8. ..... substantially financed, directly or indirectly by funds provided by the appropriate government; appropriate government is defined under section 2(a) of the act, which reads thus: 2 definitions: in this act, unless the context otherwise requires, (a) appropriate government means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly (i) by the central government or the union territory administration, the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... after hearing rival submissions advanced by both learned respective counsel for the parties and on perusal of the provisions of the private security agencies (regulation) act, 2005 and rules thereunder, it appears that section 7 of the said act contemplates that application has to be made for grant of licence to the controlling authority in the form prescribed therefor and it shall be accompanying along with the affidavit and annexures as prescribed thereunder. ..... it is the contention of the petitioner that the private security agencies (regulation) act, 2005 came into force in the year 2005 and therefore petitioner applied for the licence under the said act and rules thereunder on 2.2.2009 to the commissioner of police, aurangabad division, aurangabad i.e. ..... according to the petitioner, he is the proprietor of the firm namely impact services, aurangabad which is registered under the bombay shop and establishment act, 1948 and the petitioner is carrying on the business of private securities agency since last 15 years and has obtained the shop act licence therefore since 1995 which is produced [at page 41] and about 1000 employees are dependent upon the petitioner and its business. ..... the petitioner filed present petition under article 226 and 227 of the constitution of india, praying for issuance of the appropriate writ to quash the judgment passed by respondent no.2 i.e. .....
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