Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 19 periodical returns to be submitted to registrar Court: karnataka Page 1 of about 25 results (0.134 seconds)

A. Ram Mohan Vs. Labour Court, Bangalore and anr.

Court : Karnataka

Reported in : [1989(59)FLR1]; (1989)IILLJ179Kant

..... of the bombay industrial relations act, 1946, chagla, ..... , unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to ..... prabhakar, learned counsel for the company, however, maintained that the order of termination was retrenchment as defined under section 2(oo) of the act and as the company had complied with the provisions of section 25f of the act, in that one month's salary in lieu of notice and 15 days' wages for every completed year of service had been paid to the employee, the termination of service was ..... a regional manager for karnataka who was stationed at bangalore, who had some administrative control over the employee, in that, the employee had to submit his tour programme, ptcrs, and leave applications to the regional manager. ..... the company contended that the head office of the company was situate at bombay and there was no regional office in bangalore, that is, in that state of karnataka, and, therefore, appropriate government which had the competence to make the reference was the government of maharashtra and not the karnataka government. ..... should be paid salary for a total period of five years which will come .....

A.K. Subbaiah Vs. Sri Ramakrishna Hegde and Others

Court : Karnataka

Reported in : AIR1994Kant35; ILR1993KAR2528; 1993(4)KarLJ205

..... 86b of the bombay industrial relations act, 1946 was said to be disqualified for being a member of the legislative assembly on the ..... intention of the governor at the time of appointment of the opposite party as deputy chairman of the planning commission in sofar as his terms and conditions relating to salary and other allowances were concerned the commission considered it appropriate to peruse the original file/documents of the government of india dealing with the said appointment ..... have mandated that the holder of the office should not be in receipt of or be entitled to any remuneration for being covered by the exemption under section 3, there should be evidence to show that the holder of such office was in receipt of, or entitled to receive, any remuneration other than the ..... be said that he was profiting thereby because this would be only compensatory allowance which would compensate him for the loss which he otherwise would suffer while acting as deputy chairman of the planning commission undertaking travelling or staying in a house on account of the requirement of his presence in the office or using electricity or water while staying in such a house ..... it was next submitted that even independently of this submission the relevant provision of the act would not be of any assistance to respondent 1 as the proviso to section 3(d) of the act clearly provides that the holder of any such office should not be in receipt of or ..... for sugar industry constituted by the government of maharashtra under s. .....

Sri Jayaram Vs. Agricultural Produce Marketing

Court : Karnataka

..... bhattacharji and others reported in (1999) 7 scc547while examining the deeming provision of section 3(25) of the bombay industrial relations act, 1946 by which deeming provision, the legislature treated deemed arrears of subscription for three calendar months or even more to be a sufficient disqualification for a person to be continued on the roll of membership of the union for subsequent months, had noticed ..... , deeming provision would come into play or would get attracted and as such without any iota of doubt, it can be clearly held that in the instant case, leave of absence was duly sought for by the petitioner by submitting an application dated 01.10.2014 (received 15 by first respondent on 07.10.2014) and said request was not refused or the decision on such consideration having not been intimated to the petitioner, it is deemed that petitioner has been granted ..... if the interpretation put learned counsel for the appellant is accepted then it can be said in the light of the aforesaid illustration that during the relevant period of six months to november, 1981 the concerned member was deemed to be in arrears for the months of june, august and september as he had admittedly not paid subscription by the end of each of these months ..... (2) whenever the [question whether a is or has become subject to person disqualification under sub-section (1) arises(or whether on the date of his election, the returned candidate was not qualified or was qualified to be chosen to fill the seat arises]. .....

Jyothi Home Industries Vs. State of Karnataka and anr.

Court : Karnataka

Reported in : ILR1986KAR3831; [1987]64STC208(Kar)

..... in the first place, from the vast expansion of the national legislative power over private enterprise and industrial relations, through the independent regulatory agencies ........' * * * *'....... ..... gainsaid that presidential sanction was not obtained before introducing the bill which was ultimately enacted into the impugned act but after the bill was enacted into an act the same was submitted to the president for his assent and it is common ground that the president has accorded his assent. ..... : [1959]1scr427 it was held : 'now, the authorities are clear that it is not unconstitutional for the legislature to leave it to the executive to determine details relating to the working of taxation laws, such as the selection of persons on whom the tax is to be laid, the rates at which it is to be charged in respect of different classes of goods, ..... comprising of sections 17a to 31, pertains to miscellaneous matters such as maintenance of accounts and issue of bills or cash-memoranda by dealers; power of enter, inspect, seize; the obligation of transporting and shipping, assessees to submit the prescribed returns. ..... of this 'omission', according to the state government, is that these 8 items would stand deleted with effect from 1st april, 1983, on which date the amending act 38 of 1984 came into force, though, however, for the period prior to 1st april, 1983, this would continue to be liable to tax. ..... state of bombay (now maharashtra) : 1978crilj1281 , devi dass ..... in registrar of co-operative .....

M/S. Godrej Soaps Limited, Bombay Vs. State of Karnataka and Others

Court : Karnataka

Reported in : 1998(1)KarLJ247

..... dealing with a similar question under the provisions of the bombay 'industrial relations act, 1946, chagla, c.j. ..... parties reside within jurisdiction or if the subject-matter of the dispute substantially arises within jurisdiction'.in -our opinion, those principles are applicable for deciding which of the states has jurisdiction to make a reference under section 10 of the act'.applying the above principles to the facts of this case it is quite clear that the subject-matter of the dispute in this case substantially arose within the jurisdiction of the mysore government'.learned counsel for the ..... prabhakar, learned counsel for the petitioner, urges that the 'appropriate government' in the circumstances would be the government of maharashtra and not the government of karnataka for the purpose of making reference. ..... 6, east end road, basavanagudi, bangalore', the learned counsel submits that there is no such office of the petitioner in that address and that no where has it been made clear as to how this address has been ascertained and made part of order of reference. .....

Godrej Soaps Limited, Bombay Vs. State of Karnataka and Others

Court : Karnataka

..... dealing with a similar question under the provisions of the bombay industrial relations act, 1946, chagla, c.j. ..... found as an undisputed fact that respondent 3-narayanan, right from october 1, 1982, had been stationed at bombay itself and had been served with the order of termination of his service at bombay, merely because he had been entrusted with the duty of supervising sales in some parts of karnataka would not render the dispute relating to termination of his service as a substantial dispute arising in the state of karnataka so as to enable the government of karnataka to make a reference under section 10(1)(c) of the industrial disputes act. ..... when his attention is drawn to the address of the petitioner given in the order of reference at annexure-a as 'no.6, east end road, basavanagudi, bangalore', the learned counsel submits that there is no such office of the petitioner in that address and that nowhere has it been made clear as to how this address has been ascertained and made part of order of reference. ..... prabhakar, learned counsel for the petitioner, urges that the 'appropriate government' in the circumstances would be the government of maharashtra and not the government of karnataka for the purpose of making reference. ..... the government of karnataka, by the order at annexure-a dated november 13, 1987, in exercise of the powers under section 10(1)(c) of the industrial disputes act, 1947, made a reference to the labour court, bangalore. .....

Bpl Ltd. Vs. Inter Modal Transport Technology Systems (Karnataka) Ltd.

Court : Karnataka

Reported in : [2001]43CLA228(Kar); ILR2001KAR5373

..... board (bifr) may direct the sick industrial company not to dispose of, except with the consent of the board, any of its assets, during the period beginning with the recording of opinion by the bifr, for winding up of the company under section 20(1) and upto the commencement of the proceedings relating to the winding up before the concerned high court.17.3 section 32 of the sica, inter alia, provides that the provisions of that act shall have effect notwithstanding anything inconsistent ..... in neither of those cases, nor in the decision of bombay high court in the first maharashtra state financial corpn. ..... the division bench followed the decision of bombay high court in the first maharashtra state financial corpn. ..... (iii) any sale by the secured creditor, during the pendency of winding up petition, without obtaining the permission of the company court and without associating the official liquidator will be void, vide decision of the bombay high court in maharashtra state financial corpn. ..... : air1998kant195 , following the decision of a division bench of bombay high court in maharashtra state financial corpn. v. ..... similar view was taken by the bombay high court in state industrial & investment corpn. ..... 's case (supra), the bombay high court held as follows :'...because of the proviso to section 529, the secured creditor is not the only mortgagee entitled to sell the security. ..... we may now refer to the decisions which take the contrary view.27.1 in the first maharashtra state financial corpn. .....

State of Karnataka Vs. Kasturi and Sons Ltd.

Court : Karnataka

Reported in : ILR2000KAR2995; [2000]120STC564(Kar)

..... for consideration in this matter :(i) whether tribunal was justified in holding that waste paper sold by the assessee would be 'paper' falling under entry 3 of part p of the second schedule to the act ;(ii) whether tribunal ought to have held that waste paper, reel paper, rubbish paper and printed waste paper were not 'paper' as the assessee could not use such paper for writing, printing or packing ..... revision : (a) waste paper is not 'paper' falling under entry 3 of part p of the second schedule to the act and therefore, it should be treated as unscheduled goods, subject to 10 per cent tax under section 5(1) of the act ; and (b) during the earlier years, respondent-assesses had accepted the assessment of waste paper under section 5(1) of the act and therefore, it could not now contend that waste paper fell under entry 3 of part p of the second schedule ..... section 5(3)(a) of the act provides that notwithstanding anything contained in sub-section (1), the tax under the act shall be levied in the case of sale of any of the goods mentioned in column (2) of the second schedule, by the first or the earliest successive dealers in the state, who is liable to tax under the said section, a tax at the rate specified in the corresponding entry of column (3) of the said schedule, on the taxable turnover of sales of such dealer in each year relating ..... , maharashtra state, bombay v. ..... relevant to refer to the following observations of the supreme court in bharat forge & press industries (p) ltd. v. .....

Khadi and Village Industries Commission, Bombay Vs. N.S. Pai

Court : Karnataka

Reported in : AIR1976Kant85; ILR1976KAR310

..... related to the legality of certain proceedings taken under the bombay municipal corporation act of 1888, in exercise of powers under sections 105-a and 105-b of chapter v-a which was introduced by an amending act (maharashtra act 14 of 1961) and under bombay government premises (eviction) act ..... pedubidri raghavendra rao, learned counsel for appellant, contends before us that provisions of section 19-b of the act which contemplate the constitution of a tribunal for settlement of disputes relating to the recovery of sum payable to appellant and the procedure prescribed under rules 25-a and 25-b in relation thereto do not have the effect of barring the jurisdiction of a civil court ..... and that is that as there are two procedures available to the corporation and the state government, one by way of a suit under the ordinary law and the other under either of the two acts, which is harsher and more onerous than the procedure under the ordinary law, the latter is hit by article 14 of the constitution in the absence of any guidelines as to which procedure may be ..... for determination in this appeal of the khadi and village industries commission, a body corporate established by the khadi and village industries commission act, 1956 (61 of 1956), which we shall hereinafter call the act, preferred against the decree of dismissal dated 6-9-1974 ..... (3) if, within the period referred to in sub-rule (2) the person on whom a notice is served under sub-rule (1) neither pays the sum stated in the notice nor .....

Confederation of Real Estate Developers' Association of India (Karnata ...

Court : Karnataka

..... the respondents submitted that the impugned provisions are held to be constitutionally valid by a division bench of the bombay high court in maharashtra chamber of housing industry and another ..... (zzq) - to any person, by any other person, in relation to commercial or industrial construction; explanation: for the purposes of this sub-clause, the construction of a new building which is intended for sale, wholly or partly, by a builder or any person authorised by the builder before, during or after ..... filed under articles 226 and 227 of the constitution of india praying to declare that the provisions of finance act, 1994 as amended by finance act, 2010 introducing an explanation to section 65(105) (zzq) and 65(105) (zzzh) and a new entry(zzzzu) in section 65 (105) of the finance act 1994 is unconstitutional void and ultra vires and etc. ..... " (emphasis supplied) in my opinion, as stated above, the subject matter relating to the impugned provisions will not fall within the ambit of entry 49 of list ii of the ..... the act: chapter v of the finance act, 1994 relates to ..... for exclusion appears to be that no element of service relating to the construction is involved after completion of the construction ..... (zzzh) - to any person, by any other person, in relation to construction of complex; explanation: for the purposes of this sub-clause, construction of a complex which is intended for sale, wholly or partly, by a builder or any person authorised by the builder before, during or after construction .....