Judgment Search Results Home > Cases Phrase: bihar appropriation act 2005 Court: mumbai Page 2 of about 8,345 results (0.068 seconds)

Hindustan Organic Chemicals Ltd. Vs. Hindustan Organic Chemicals Ltd. ...

Court : Mumbai

Reported in : 2009(2)BomCR225; (2008)110BOMLR3517

..... if this aspect is kept in mind it would be clear that the central government will be the 'appropriate government' under the clra act and the id act provided the industry in question is carried on by a central government company/an undertaking under the authority of ..... ; and in this sense, the word may be used as meaning instructions, permission, power delegated by one person to another, the result of the manifestations by the former to the latter of the former's consent that the latter shall act for him, authority in this sense - in the laws of at least one state, it has been similarly used as designating or meaning an agency for the purpose of carrying out a state duty or function; someone to whom by ..... verma, the learned counsel for the company puts forth the following reasons to support his submission that the central government is the appropriate government in relation to the company: (i) 58% of the shareholding is that of the central government; (ii) the business is carried on under the authority of the central government; (iii) the memorandum and articles of association more particularly ..... the supreme court held that such a company was not an agent of the central government and, therefore, the appropriate government to make a reference in relation to the industrial dispute with respect to the company was the state government and not ..... the workmen and the management of the company, the government of bihar referred the disputes to the industrial tribunal for adjudication. ..... bihar .....

Kishor Mahadeo Kamble Vs. Union of India (Uoi) and anr.

Court : Mumbai

Reported in : (2003)ILLJ813Bom

..... exactly, are the conditions of service of the employees and in what manner their conditions of service could be improved are matters which are the special preserve of the appropriate tribunals to be decided in adjudicatory processes and are not ones to be decided by the government on a prima facie examination of the demand. ..... in the back drop of documents produced and the settled legal position that the appropriate government cannot go into the merits of the dispute raised by the workmen while forming the opinion whether the dispute raised needs to be referred for adjudication, the impugned communication refusing to refer the dispute ..... is now well settled that, while exercising power under section 10(1) of the act, the function of the appropriate government is an administrative function and not a judicial or quasi judicial function, and that in performing this administrative function the government cannot delve into the merits of the dispute and take upon itself the determination of the lis which would certainly be in excess of the power conferred on it by section 10 of act. ..... section 10 permits appropriate government to determine whether dispute exists or is apprehended and then refer it for adjudication on ..... a reference is rejected on the specious plea that the government cannot bear the additional burden, it constitutes adjudication and thereby usurpation of the power of a quasi judicial tribunal by an administrative authority namely the appropriate government. ..... of bihar and ors .....

Mishapar Investments Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)8SOT532(Mum.)

..... the sale and purchase of the sale shares under this agreement is conditional upon the satisfaction of the following conditions for the benefit of the purchaser: 5.1.1 the purchaser having received an appropriate approval of the foreign investment promotion board through the secretariat of industrial assistance to the acquisition by the purchaser of all the sale shares, the additional shares and of the equity ..... to sale of goods and even of immovable property that the purchase consideration has necessarily got to be paid in cash.thus, as per the provisions of section 5(l) of the sale of goods act, 1930 where the parties to a contract agree that the payment for and delivery of the goods are to be postponed, the property in goods passes to the buyer as soon as the ..... of the municipal authorities may take a long time but once the property is transferred by following the recruitments of the transfer of properties act, 1982 read with the relevant section of registration act, the genuineness of the transfer itself cannot be challenged, even though the transferor may still be shown as the owner of the property ..... would not immediately pass on execution of an agreement.from a careful reading of this agreement dated 2-7-1997 in the light of the provisions of section 20 of sales of goods act and other provisions of act, we find that it was a formal agreement between the parties with regard to sale of shares, but it was to be enforced on fulfilment of certain conditions by the respective parties. .....

M/s. Livewel Aviation Services Pvt. Ltd. Vs. Bhartiya Kamgar Sena and ...

Court : Mumbai

..... on the ground that the activities engaged in by the petitioner being air transport services and the petitioner thus being an 'air transport service industry' controlled by the central government, that government was the appropriate government for the purpose of disputes between itself and its workmen, and these disputes were beyond the purview of the industrial court deciding complaints under the mrtu and pulp ..... (wp no.918/1987 dated july 17, 1990 high court, bombay)and contends that if the appropriate government, as in the case of section 2(1) (a) of the contract labour (regulation and abolition) act, 1970, is the central government in respect of the principal employer, even for a contractor working for such principal employer it has to be the central government ..... shah, j) held that the intention of the legislature was to make the central government the appropriate government in relation to industrial disputes concerning works in major ports, and in that view, any industrial dispute affecting or connected with a major port (in that case, the port of mumbai) would fall within the ..... this line of judgments holds is that when the principal employer's establishment is covered in clause (1) of section 2(1) (a) of that act, that is to say, when the appropriate government is the central government qua the principal, even qua the contractor the appropriate government would be the central government. ..... state of bihar (cr.m.no.3367/1990 (r) dated february 13, 1997 high court, patna), j.r .....

The Bombay Telephone Canteen Employees' Association Vs. the Mahanagar ...

Court : Mumbai

Reported in : [1989(58)FLR161]; (1995)IIILLJ15Bom

..... to intimate the telegraph authority the designations adopted and this equivalence to the designation in the department of telecommunication and accordingly the telegraph authority is to authorise the officers to exercise appropriate powers under the said rules by suitable modifications.the n igam can fix rates, charges, deposits and fees for the establishment, maintenance, working, repair, transfer or shifting of any telegraph ..... of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of india: provided further that the central government may, by rules made under this act and published in the official gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working- (a) of wireless telegraphs on ships within indian territorial waters and an ..... entire share capital of a corporation which is incorporated under the companies act and which run different industries, and when a dispute arising between the workers of one of such industries and its management is referred to a conciliation officer appointed by the state government, his jurisdiction cannot be challenged by contending that the appropriate government in respect of such industry is the central government and only ..... bihar & ors, which is relied 'upon by both sides, the court considered the meaning of the word 'authority' used in section 2(a) of the central act and also the question as to when the corporation acts ..... bihar ..... bihar .....

Rashtriya Chemicals and Fertilizers Ltd. Vs. RFC Employees' Union and ...

Court : Mumbai

Reported in : (2007)ILLJ939Bom

..... the three points arise for determination in these appeals:(i) what is the true and correct import of the expression 'appropriate government' as defined in clause (a) of sub-section (1) of section 2 of the clra act;(ii) whether the notification dated december 9, 1976 issued by the central government under section 10(1) of the clra act is valid and applies to all central government companies; and(iii) whether automatic absorption of contract labour, working in the establishment of the principal employer as regular employees, follows ..... the learned counsel appearing on behalf of the petitioner has also fairly assisted the court in joining the submission which was made on behalf of the first respondent that the state government which is the 'appropriate government' be impleaded as a party to this proceeding, so that directions can be issued to the state government to make a reference to adjudication. ..... the question as to whether the central government or the state government would be the appropriate government in the context of the provisions of section 2(1)(a) of the contract labour (regulation & abolition) act, 1970 came up for consideration before a bench of three learned judges of the supreme court in air india statutory corporation v. ..... the state of bihar referred an industrial dispute, on the question as to the number of holidays in a month to the industrial tribunal for adjudication. ..... state of bihar and ors. .....

Wyeth Employees Union Vs. Araine Orgachem Pvt. Ltd.,

Court : Mumbai

Reported in : 2007(6)ALLMR580; [2007(115)FLR580]; (2008)ILLJ1035Bom; 2008(2)MhLj66

..... secretary, indian tea association's case (supra), the supreme court observed that before making a reference under section 10 of the said act, the appropriate government has to form an opinion whether an employee is a workman and, therefore, has to consider as to whether an industrial ..... of the supreme court and of this court to which we have referred to herein above on the question of scope of the jurisdiction of the appropriate government while acting under section 10(1) of the said act will have to be summarized so that the arguments of the learned counsel can be appreciated in their light. ..... several cases on the point, this court has observed that while exercising power to make a reference under section 10(1) of the said act, the appropriate government has to form an opinion as to the existence of employer employee relationship and as to whether a dispute exists or is ..... the relevant observations of the supreme court are as under:.it would not be possible to accept the plea that the appropriate government is precluded from considering even prima facie the merits of the dispute when it decides the question as to whether its power to make a reference should be exercised under section ..... the new committee in implementation of its decision to pursue the illegal termination of the services of the workers raised the demand dated 14/11/2005 of reinstatement of the workers with full backwages and continuity of service contending that the transfer of the undertaking from respondent 2 to ..... bihar .....

Shridhar Atmaram Ghadgay Vs. the Corporation of the City of Nagpur

Court : Mumbai

Reported in : AIR1971Bom273; 1971MhLJ268

..... 150/- on 15-1-1959 towards the municipal taxes which were, however, appropriated to the knowledge of the plaintiff towards the conservancy and water and property taxes of ..... advocate for the appellant contends here that this rule 7 is repugnant not only to the provisions of the corporation act, but also inconsistent with the notice which was actually given to the plaintiff. ..... resisted the claim of the plaintiff and stated that the plaintiff refused to pay the arrears of .his taxes; that their action is justified by the provisions of the corporation act; that the action of the corporation officials was bona fide and not illegal.4. ..... the notice purported to be under rule 7 and section 114/115 of the corporation act, the notice form shows that an old form of notice under section 77-a of the ..... section 527 is more or less like section 384 of the corporation act this court in that case took a view that the provision contained in section 527 was mandatory and it was not a sufficient compliance with section 527 to give notice to ..... learned advocate for the appellant says that the act of the officers or even the corporation could not be said to be done in good faith, and also under the act or under any rule or bye-law made ..... by the learned advocate for the respondent that even if the officers had exceeded their limitation, the officers who cut the water supply purported to act under the provisions of the corporation act and under section 386 an indemnity for acts done in good faith is provided. .....

Indian Airports Employees Union Vs. International Airports Authority o ...

Court : Mumbai

Reported in : 1995(3)BomCR616

..... government; (ii) in relation to any other establishment, the government of the state in which that other establishment is situate;' it is also relevant to note that the industrial disputes act, 1947 was amended in 1982 and with effect from 21st august 1984, section 2(a) in so far as it is material, reads as under :- '(a) 'appropriate government' means, - (i) in relation to any industrial dispute concerning any industry carried on by or under the authority of the central government, or by a railway company or ..... on a consideration of the relevant provisions in the facts of the case, the supreme court came to the conclusion that the appropriate government for the purpose of the said case pertaining to the regional offices and their warehouses in the respective states was the concerned state government and not ..... is the only contestant before us, is that in respect of the first respondent authority the central government is not the appropriate government and hence, the notification issued on 9th december, 1976 can have no application and cannot be enforced against respondent ..... the first contention as to which is the appropriate government for the purpose of section 2(1)(a) of the contract labour act, it is necessary to refer to the provisions of the airports authority act 1971, to understand the constitution, nature, power and functions of the said authority, section 3 of the said 1971 act deals with the constitution and incorporation of the authority ..... state of bihar, reported in .....

Tancom Electronics Vs. Bhartiya Kamgar Karmachari Mahasangh and ors.

Court : Mumbai

Reported in : 2009(4)BomCR840

..... however, the learned single judge directed the appropriate government to make a reference under the industrial disputes act 1947 and the terms of reference were also stated in the order ..... for the foregoing reasons, writ petition is dismissed with the following directions:(1) the appropriate government shall make a reference for adjudication within two months from today. ..... while disposing of the appeal, the high court directed the appropriate government to make reference to industrial tribunal and also specified what should be the terms of reference ..... .for the purpose of exercising jurisdiction under section 10 of the 1970 act, the appropriate government is required to apply its mind. ..... the exception to the above is, when the court finds that the appropriate government refused (sic refusal) to make a reference of a dispute, is ..... is pertinent to be noted is that though a direction is issued to the government to make reference, the appropriate government is not even a party to the writ petition. ..... order of the learned single judge directing the appropriate government to make the reference is set aside. ..... learned counsel points out that which is the appropriate government is also not made clear. ..... counsel submits that though the learned single judge has issued direction to the government to make reference in the entire judgment, there are no reasons given why the learned single judge directed the appropriate government to make the reference. ..... state of bihar : 1989 dgls (soft) 268 : 1989 (3) s.c.c .....