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Akhileshwar Prasad and ors. Vs. Jharkhand State Electricity Board and ...

Court : Jharkhand

Reported in : [2006(2)JCR418(Jhr)]

..... to time by the central government, b.s.e.b., j.s.e.b. etc. and the provisions of the bihar re- organization act, 2000 (hereinafter to be referred as the 'act, 2000').individual case of the writ petitloner(s):6. w.p.(s) no. 4887 of 2005 : ak-hileshwar prasad, petitioner in ..... ranchisubject.-sanction of pensionery benefits to the employees of the state electricity boards affected by the bihar reorganization act, 2000.sirthe undersigned is directed say that after the reorganization of bihar in accordance with the provisions of bihar reorganization act, 2000, this ministry has been receiving the grievances of hardships regarding the payment of pensionery benefits ..... the liabilities have not been made, appointment of pensionery liability has reached finality, subject to adjustment in terms of the eighth schedule of the bihar reorganization act, 2000.on perusal of the notification dated 4th november, 2004 it appears to be final in nature. by the said notification apportionment of assets, .....

Bihar State Forest Development Corporation Vs. Union of India (Uoi) an ...

Court : Patna

..... said submission of the learned counsel for the corporation. in view of the fact that the matter relates to interpretation of the provisions of the bihar reorganisation act, 2000 dealing with both the states, it cannot be said that this court does not have jurisdiction more so when the right given to the petitioning- ..... legal right to deal with the trade of kendu leaves in derogation to the provisions of section 65 of the bihar reorganisation act, 2000 as well as the provision of the bihar kendu leave (control of trade) act, 1973 and rules made thereunder vide gazette notification s.o. 966 dated 8.8.1989. it is further stated ..... of the state government, vide annexure a to annexure 6.4. however in the year 2000 the parliament (sic) bihar reorganisation act, 2000 and in pursuance thereof a new state to be known as 'state of jharkhand' was created comprising the territories of the existing state of bihar, namely, bokaro, chatra, deoghar, dhanbad, dumka, garhwa, giridih, godda, gumla, hazaribagh .....

Bihar State Electricity Board Vs. Union of India (Uoi), Through the Se ...

Court : Jharkhand

Reported in : [2004(1)JCR16(Jhr)]

..... moment concerned, except that it was also agreed that the government of india was to issue an order under section 62(4)(a) of the bihar reorganisation act, 2000 at the earliest, as per the principles thus agreed between the two states. it is seen that without waiting for an order based on the ..... of an order by the central government in terms of section 62(4) of the bihar reorganisation act, 2000. one would have expected an ascent state to wait till the issuance of a notification in terms of the bihar reorganisation act and in accordance with the terms agreed upon by the state. it appears to us ..... state of bihar prior to its reorganisation by the bihar reorganisation act, 2000, the bihar state electricity board was formed in terms of the electricity supply act, 1948. its area of operation included the areas, which subsequently fell within the state of jharkhand on the coming into force of the bihar reorganisation act, 2000 with effect from 15.11.2000. since the reorganisation brought within .....

Asiya Shah Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2002(50)BLJR1037

..... in my opinion the word 'institutions' specified in the 10th schedule of the bihar reorganisation act includes 'technical institutions'. since the hon'ble supreme court in the aforementioned judgment have held that it can not be contended that a medical college does ..... contended that medical college or studies in post graduate course does not involve applied science.21. drawing the same analogy the provisions of section 70 of the bihar reorganisation act. where the word 'technical' has not been used but in its place 'institutions' have been used cannot be said to exclude a 'technical institution'. ..... should be made in relation to the words used therein i.e. 'technical institutions.'19. under the bihar reorganisation act. section 70 is almost similar and reads as follows :'...the government of the state of bihar or jharkhand. as the case may be, shall, in respect of the institutions specified in the 10th schedule .....

The State of Madhya Pradesh Vs. Lafarge Dealers Association

Court : Supreme Court of India

..... two years, and thereafter by legislation. this decision had referred to several earlier enactments by the parliament under article 3 beginning with the states reorganisation act, 1956 till the bihar reorganisation act, 2000 which had similar provisions under the heading territorial extent of laws and power to adapt laws as in the present case. referring to section 84 ..... by way of amendment to the law as applicable to the newly formed state. while interpreting section 84 and 85 of the bihar reorganisation act, 2000 analogous to section 78 and 79 of the reorganisation act, this court in ranjan sinha (supra) had dealt with and affirmed the underlined theory of continuity of laws in the new ..... state would not be governed by any law. this is the true effect of the legal fiction created by section 84 of the bihar reorganisation act, 2000, i.e., the reorganisation of the state would not affect the applicability of the existing laws in the state to all territories included within it before and even .....

Textile Mills, Bombay State and ors. Vs. their Employees,

Court : Mumbai

Reported in : (1959)ILLJ308Bom

..... 1) the provincial government may constitute a provincial industrial court for determining industrial disputes and for dealing with such other industrial matters under the provisions of this act as may be prescribed.' '22. (2) the provincial industrial court shall consist of such odd number of members as the provincial government may determine and ..... the notification dated 21 january 1948 constituting sri mangalmurti as the industrial court. by notification no. 173-108-xxvi, dated 27 january 1949, purported to act under s. 39 and in supersession of this notification and in partial modification of notification no. 1875-2917-xxvi, dated 14 december 1948 referred an ..... of the association.' 18. section 53 is as follows :- 'representation of employees. - save with the permission of the authority holding any proceedings under this act, no employee shall be allowed to appear in such proceeding except through the representative of employees : provided that where only a single employee is concerned he .....

Bimal Kumar Jha and ors., Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : 2006(1)BLJR109; [2006(1)JCR72(Jhr)]

..... fagged with batch of cases and decided by one common judgment. in the said case, provisions laid clown under sections 72 and 75 of the bihar reorganisation act, 2000 fell for consideration. similar argument was also made by various parties. having noticed such submission, the court observed that unless the court is compelled ..... concerned employees. after receipt of such objections, the central government considered each cases and issued final allocation order under section 72(2) of the bihar reorganisation act, 2000 including the impugned order dated 29th july, 2004.9. counsel for the petitioners submitted that various illegalities have been committed in the matter of ..... new delhi, whereby and whereunder, in exercise of power conferred under section 72(2) of the bihar reorganisation act, 2000, the services of petitioners and some others have been placed under the successor state of bihar.3. the grievance of the petitioners is that though they opted for placement of their services under the .....

Hari Shankar Prasad Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2003(4)JCR436(Jhr)]

..... , but on deputation in a co-operative society (biscomalf) and no notification has been issued by the central government under section 72(2) of the bihar reorganisation act, 2000 allocating 'the petitioner state of jharkhand, in the light of the division bench decision of this court in the case of hari narayan singh (supra), ..... to determine the issue whether the jhascolamf, ranchi has a separate identify of its own or has been carved our of biscolamf, as per bihar reorganisation act, 2000 by any order of the central government.7. from the facts, as pleaded by the parties narrated above, it will be evident that since prior ..... office in connection with affairs of existing state of bihar being on deputation, section 74 of the bihar reorganisation act, 2000 would not be applicable-state of bihar is the competent authority of such person.8. in the aforesaid circumstances, since reorganisation of the state i.e. 15th november, 2000, the services of petitioner having never been placed under .....

Management of the Burhanpur Tapti Mill Ltd. Vs. Industrial Court and a ...

Court : Madhya Pradesh

Reported in : AIR1965MP43; [1964(8)FLR436]

..... and proceed with the reference before it until there is a decision of the bombay high court under sub-section (2) of section 125 of the states reorganisation act, 1956, on the question of the transfer of proceedings. section 125 nowhere says that if any question arises whether any proceeding should stand transferred under sub-section ..... court at indore had no jurisdiction to entertain and decide the petitioner's objection to the transfer of the proceeding resting on section 125 of the states reorganisation act, 1956. the decision of the industrial court at indore contained in part-2 of its award, holding that the proceeding before it related exclusively to the ..... reference inasmuch as they did not relate exclusively to the territory which had become part of the territory of the successor state as defined in the states reorganisation act, 1956. this objection was rejected by the nagpur industrial court by its decision, dated 15th may 1958, reported in all textile mills in vidarbha region v .....

Suresh Prasad Jaiswal and anr. Vs. State of Bihar and ors.

Court : Patna

s.n. jha and b.n.p. singh, jj. 1. by this application purportedly filed under section 89 of the bihar reorganisation act 2000 and section 395 of the code of criminal procedure the petitioner seek-transfer of the proceedings in complaint case no. 366(m) of 1999 from the court of shri ..... in terms of section 89 of the reorganisation act.2. section 89 of the said act provides for transfer ('shall stand transferred') of proceedings pending immediately before the appointed day i.e. 15th november, 2000 before a court (other than the high court), tribunal etc. in any area which on that day falls within the state of bihar shall, if the proceeding relates exclusively ..... establishment or factory etc.' no part of the occurrence or transaction thus took place in territory falling in the state of divided bihar on the appointed day to take the case out of purview of section 89 of the reorganisation act.9. on behalf of the petitioners reliance was placed on decision of the supreme court in cbi, a.h.d., patna .....