Court : Mumbai
Reported in : (2003)1BOMLR485; I(2003)DMC594; 2003(2)MhLj386
..... 1, the learned additional sessions judge, shrirampur promptly took appropriate action and sent copy of the release order dated 9-5-2001 to the superintendent, yerwada central prison, pune and acting on the copy of the said release order, the petitioner no ..... the supreme court held that the order of compensation was in the nature of a palliative and did not preclude the petitioners from bringing a suit to recover appropriate damages from the state and its erring officers. 16. ..... 1 from bringing a suit to recover appropriate damages from the state and its erring ..... taking into consideration the great harm done to the petitioner by the government of bihar, the supreme court ordered the state to pay to the petitioner a further sum of rs ..... the learned counsel shri gaware brings to our notice that the superintendent, sub jail, kopargaon acted promptly and passed on the information with regard to order of acquittal to the superintendent, district prison, ..... in appropriate cases, the court has jurisdiction to compensate the victim by awarding suitable monetary compensation. ..... the right of compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest and which present for their protection the powers of the state as a ..... the learned additional sessions judge, shrirampur acting on the final writ of the hon'ble high court, immediately issued release order on 9-5-2001 and sent it to the superintendent, sub jail, ..... state of bihar, : 1983crilj1644 .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(1)ALLMR1108; 2003(3)BomCR134; 2003(3)MhLj189
..... the basis of this rival case made out before the registrar, the matter was decided by the registrar holding that expulsion resolution passed against the petitioner was appropriate and inconformity with the relevant provisions and procedure and, therefore, accorded approval to the said resolution passed in the said general body meeting held on 17-11-1974 ..... a society may, by resolution passed by a majority of not less than three-fourths of the members entitled to vote who are present at a general meeting held for the purpose, expel a member for acts which are detrimental to the interest or proper working of the society; provided that, no resolution shall be valid, unless the member concerned is given an opportunity of representing his case to the general body, ..... by introducing unwarrantedly and out of turn monies into the hands of the contractors, thereby causing wrongful loss to the society and causing wrongful gain to the contractors, and whereas while acting as such, shri srinivasan did not disclose to the society that he is related to one of the partners of the contractors, thereby rendering the contract voidable at the instance of the society ..... and or in any manner parting with the possession of the same in favour of anyone else save and except in favour of the disputant and or any manner doing any acts which is prejudicial to the rights of the disputant herein concerning the said flat.d) that court receiver, high court at bombay be appointed as receiver for the said flat along ..... bihar .....
Tag this Judgment!Court : Mumbai
Reported in : [2002(94)FLR1036]; 2002(4)MhLj426
..... labour practice complained of is originated from the head office of the petitioner at mumbai, though its effect is in some other state.once the appropriate court under this act decides the complaint and declares that the order of transfer amounted to unfair labour practice, within the meaning of item 3 of schedule iv of the act, the industrial court will be well within its jurisdiction to tell the petitioner to desist from engaging in the unfair labour practice by requiring ..... courts (supra) relied upon by shri rele do support his contention that the alleged industrial dispute or the alleged unfair labour practice is said to have occurred or arisen at the place of the employment and, therefore, the appropriate government has been decided in the aforesaid judgments to be that government where such industrial dispute had arisen i.e. ..... the object of the act is to prevent unfair labour practice and to decide the unfair labour practice and to give appropriate reliefs to the parties under the provisions of the act and in accordance with the provisions of the law. ..... once the industrial court concludes that the petitioner company had engaged in unfair labour practice as complained of by the respondents, it would be well within the powers and jurisdiction of the industrial court under the said act under sections 28 and 30 to issue appropriate orders to the petitioner at mumbai. ..... (7) state of bihar and ors. v. sm. ..... state of bihar 1984 lic 1254 (7) little sons and co. v. .....
Tag this Judgment!Court : Mumbai
Reported in : [2002(94)FLR961]; (2002)IIILLJ600Bom
..... not multiply the decisions, suffice, however, to observe that in telco convoy drivers mazdoor sangh (supra) the apex court held 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. ..... 1191 of 1987 challenging the order dated march 7, 1987 passed by the appropriate government rejecting the union's prayer for referring the industrial dispute between rashtriya metal industries ..... we are afraid, the approach of the appropriate government cannot be justified as it is not open to the appropriate government to go into the merits of the demand while considering the question whether industrial dispute between the employer and employee needs to be referred for ..... the appropriate government after considering the report submitted by the conciliation officer under sub-section (4) of section 12 of industrial disputes act found that the union has not substantiated its demand and therefore, was of the view that no case for reference under section 12(5) ..... counsel for the petitioners submitted that the order dated march 6, 1987 is illegal as it was not open to the appropriate government to go into the merits of the demand while considering the question whether industrial dispute deserves to be referred under section 12(5) of the industrial disputes act. ..... of bihar and .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(81)ECC633; 2002(142)ELT292(Bom)
..... such action of an executive authority acting without jurisdiction subjects or is likely to subject a person to lengthy proceedings and unnecessary harassment, the high court will issue appropriate orders or directions to prevent such ..... the learned senior counsel for the petitioners alternatively, submitted that existence of the alternate remedy under section 35l of the act could not be a bar for entertaining writ petition under articles 226 and 227 of the constitution of india as the petitions involve pure questions ..... of factual position and the conclusions drawn, based on factual aspects,can only be appropriately gone into and tested by the appellate authority. ..... senior counsel for the revenue - petitioners contended that the statutory remedy of appeal as contemplated under section 35l of the act provides for an appeal to the supreme court in the matter of disputes mainly connected with rates and valuation. ..... entered the appearance raised preliminary objection to the maintainability of petitions under articles 226 and 227 of the constitution of india, on the ground that under section 35l of the central excises and salt act, 1944 (act for short) appeal has been provided to the supreme court against the orders in question. ..... stale of bihar : air1999sc74 , supreme court observed that when an alternate and equally efficacious remedy is open to a person, he should be required to pursue the remedy and not to invoke extraordinary jurisdiction of the high court under article 226 .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(1)BomCR305; 2002(2)MhLj730
..... action of an executive authority acting without jurisdiction subjects or is likely to subject a person to lengthy proceedings and unnecessary harassment, the high court will issue appropriate orders ordirections to prevent such consequences ..... of factual position and the conclusions drawn, based on factual aspects, can only be appropriately gone into and tested by the appellate authority. ..... the learned senior counsel for the petitioners alternatively, submitted that existence of the alternate remedy under section 35-l of the act could not be a bar for entertaining writ petition under articles 226 and 227 of the constitution of india as the petitions involve pure questions ..... senior counsel for the revenue petitioners contended that the statutory remedy of appeal as contemplated under section 35-l of the act provides for an appeal to the supreme court in the matter of disputes mainly connected with rates and valuation. ..... entered the appearance raised preliminary objection to the maintainability of petitions under articles 226 and 227 of the constitution of india, on the ground that under section 35-l of the central excise and salt act, 1944 ('act' for short) appeal has been provided to the supreme court against the orders in question. ..... state of bihar : air1999sc74 , supreme court observed that when an alternate and equally efficacious remedy is open to a person, he should be required to pursue the remedy and not to invoke extraordinary jurisdiction of the high court under article 226 .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)ALLMR333; 2002(3)BomCR51
..... important amendment was to sub-section (2) of section 3 and after the amendment the said sub-section (2) reads as follows:'notwithstanding anything contained in sub-section (1), the provisions of this act shall not apply to the recruitment of the head of minority school and any other persons (not exceeding three) who are employed in such school and whose names are notified by the ..... it would be seen that the decision of the court in frank anthony public school's case, : [1987]1scr238 with regard to the applicability of sub-section (4) of section 8 of the act to the unaided minority educational institutions is based on the view taken by the majority in all saints high school's case : [1980]2scr924 which, in its turn, was based on several decisions ..... inter college (supra), the apex court referred to the judgment in the case of frank anthony (supra) and observed in para 6 that in the concerned act, there was no guideline under the relevant section to be followed by the inspector in the matter of approving or disapproving of the order of termination of an ..... university act, a power was given to the appellate tribunal to pass appropriate orders ..... it was held that particular clause 24 of the bihar state madarsa education board act gave tremendous control in the hands of the board to meddle ..... in the case of bihar state madarsa education board ..... in the case of bihar state madarsa education board (supra), no teacher or madarsa was to be discharged or dismissed from service ..... of (i) bihar state madarsa .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)ALLMR586; 2001(4)BomCR205; (2001)3BOMLR459; [2001(90)FLR624]
..... even assuming that the state government has exercised powers pursuant to the notification of 3rd july, 1998 on the basis that the appropriate government was the central government, that also would be immaterial, for if otherwise the state government itself is the appropriate government, mere reference to a wrong notification or power would not take away the power that the state government had to make the reference. ..... corporations and autonomous bodies, to the extant the central government could exercise power as the appropriate government for the purpose of the act, that power now can also be exercised by the state government as its delegate.13. ..... as already held earlier for the purpose of the industrial disputes act, 1947, the definition of appropriate government is the same as approved in hindustan aeronautics ltd. ..... , it is, therefore, contended that even if this court comes to the conclusion that the appropriate government is the central government at the highest the law would be prospective from the rendering of the judgment in the case of air india statutory corporation, etc ..... (supra) which was deciding the issue of appropriate government under the contract labour (regulation and abolition) act, 1970 as set out earlier and needs no repetition ..... it is, however, contendedthat in view of the law declared by the apex court in air india statutory corporation (supra) the appropriate government in the case of the petitioner herein would be the central government. ..... the state of bihar & ors. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(2)ALLMR702; 2001ALLMR(Cri)1087; 2001BomCR(Cri)787; (2001)2BOMLR803; [2002(92)FLR118]; (2001)IILLJ1469Bom; 2001(3)MhLj616
..... india, indian airports employee's union, mahindra and mahindra limited, as also mumbai shramik sangh notification dated 9.12.1976, issued by the central government, which was appropriate government in the respective matters (except mahindra and mahindra) and similar notification issued by the state government, in case of mahindra and mahindra, in exercise of the powers conferred by section ..... no concern with the core function of the establishment and therefore, workers employed for the said purpose cannot be said to be workmen as defined by section 2(1)(i) of the act.infact, similar argument is also put forth in relation to 17 workers engaged through m/s unique services for watch-n-ward and cleaning of residential quarters of the officers and ..... be inferred that they are heads of the respective department institutions and that the labour enforcement officers/inspectors have not prosecuted wrong persons.since section 7 of the act itself casts a responsibility upon the principal employer and head of the department or office as principal employer by virtue of section 2(1)(g), the arguments that complaint ..... case and cannot launch on a detailed and meticulous examination of the case on merits.by referring to section 2(a)(1) and 2(bb) of industrial disputes act, 1947 read with section 2(1)(a)(i) of contract labour (r & a) act, 1970, learned advocate for the applicants submitted that r.b.i, being banking company, central government would be the appropriate government under both the statutes ..... .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(2)BomCR464; (2001)1BOMLR693; (2001)IILLJ81Bom
..... on 13th october, 2000 the respondent unions issued a strike notice under section 22(1) of the industrial disputes act, 1947 informing the appellant that the respondent unions propose to call upon the workmen concerned to resort to an appropriate direct action of any type, including strike of any duration and nature, on the expiry of the 14th day from service of the notice, for the ..... the appellant, approaching the industrial tribunal would not be immediately possible, because of the necessity of an order of reference by the appropriate government, and further that the industrial tribunal may not have the power to grant interim relief by way of preventive injunction. ..... , whether specified in the second schedule or the third schedule, and for performing such other functions as may be assigned to them under the act reading of the two schedules appended to the act in conjunction with the definition of expression 'industrial dispute' defined in section 2(k) of the industrial disputes act, it is not possible for us to accept the contention of the learned counsel that a relief in the form of permanent injunction is beyond ..... judge proceeded on the footing that the right to strike is neither fundamental, nor absolute, since restrictions are to be found thereupon in sections 10(3), 10a(4a), 22 and 23 of the industrial disputes act, 1947 and, even if the workmen had a right to go on strike, they could not exercise the said right so as to cause nuisance to the employer, as the right to ..... bihar .....
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