Court : Mumbai
Reported in : (1941)43BOMLR631
..... is upon the defendant to show that the subject commented upon is a matter of public interest, that the statements of fact relating thereto are true, and that the comment based upon the facts is a fair and bonafide comment. ..... that the parsi community is divided over the merits of this question, which has been agitated for many years in bombay, the 'orthodox' section of the community, as it is called, being against the appearance of parsi men and women together on the stage, and the other section called the 'reformists' pulling the other way. ..... , however, two independent witnesses, who belong, no doubt, to what is called the 'orthodox' section, and are friends of the defendant, but who cannot be said to be partisan witnesses. ..... taking all the circumstances, including the defendant's conduct in relation to this case, into consideration, i order the defendant to pay three quarters of the plaintiff's taxed costs in ..... know that the play was about to be staged, started an agitation in the columns of his paper kom sevak, not against the staging of the play, but against parsi men and women taking part in acting plays upon the stage, whether as amateurs or professionals. ..... the last words 'act as actresses on the stage' are printed in bold type in ..... ; if so dire is the consequence in connection with a girl attending a class, have you as well as the people concerned any idea as to the extent to which the future of the parsi girls would be spoiled by making them act as actresses on the stage? 9. .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR104
..... the industrial court decided on march 20, 1942, under section 55 of the bombay industrial disputes act, that the strike of the applicants was an illegal strike, and that the change made by the mill authorities was an illegal change. ..... a strike is illegal if it is commenced or continued in the circumstances mentioned in any of the eight clauses of section 62(1) of the bombay industrial disputes act, 1938. ..... , under sections 66 and 67 of the bombay industrial disputes act, 1938. ..... on january 20, 1943, the mill authorities prosecuted the applicants under sections 66 and 67 of the bombay industrial disputes act. ..... the contention urged on behalf of the applicants both before the trial magistrate and before the sessions judge was that persons can be punished under sections 66 and 67 as strikers or as instigators of a strike only if the strike continues after it has been declared illegal by the industrial court, and that they cannot be punished for any act of theirs in instigating or taking part in a strike prior to the declaration that the strike was illegal. ..... there is no doubt that sections 65, 66 and 67 are intended to punish an illegal strike, and an illegal lock-out, and instigation to an illegal strike and an illegal lock-out, provided they are declared to be illegal by the industrial court, whether the illegal act is committed before or after the declaration. .....
Tag this Judgment!Court : Mumbai
Reported in : (1946)48BOMLR483
..... company, whether it be in liquidation or not; (b) that the powers of the court in a winding up under the indian companies act to control, restrain or interfere with claims or actions or remedies of creditors are very limited and are confined to sections 169 and 171; (c) that the former section gives jurisdiction during the period only between the presentation of a petition and the making of an order for the winding up of the company and only upon the ..... no hesitation in coming to a conclusion and holding that the crown is bound by the provisions of the indian companies act, 1913, and is bound, in regard to the provisions relating to the liquidation of companies, 'to a statutory scheme of administration wherein the prerogative right of the crown to priority ..... nugatory; for if the supreme court is to inquire whether the defendants in this matter concerning the public revenue were right in the demand made, and to decide in their favour only if they acted in entire conformity to the regulations of the governor, and council of bombay, they would equally be entitled to succeed, if the statutes and the charters contained no exception or proviso for their protection. ..... be that attempts have been made to collect arrears of income-tax due from a company in liquidation through the machinery of section 46 of the income-tax act, the income-tax authorities have, upon objection being taken by the liquidators, submitted to prove their claim in the liquidation like any other creditor. cf. ..... industrial .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1950Bom342; (1950)52BOMLR389; ILR1951Bom1; (1953)IILLJ469Bom
..... that an award was made by the industrial court under the bombay industrial relations act, 1946, on 20th march 1948, in respect of certain disputes between the textile mills and their employees, and condition 6 of this award provided :'persons who are eligible for bonus but who are not in service of the mill on the date of payment shall be paid in one lump sum on 31st may 1948, provided claims in writing are submitted to the manager of the mill concerned before ..... therefore, it is clear from the scheme of the bombay industrial relations act 1946, that it is only when a change is sought by an employee in the terms of an award made by the industrial court that he has got to make an application to the labour court and only the labour court has jurisdiction to make such changes. ..... according to him it is only the labour court set up under the bombay industrial relations act which is entitled to construe the award, and in construing the award the authority has acted beyond his jurisdiction. ..... now, furning to the provisions of the industrial relations act, in the definition s. ..... (1) of that section, and sub-s. ..... section 15 of the act confers jurisdiction upon the authority that is to be appointed under sub-s. .....
Tag this Judgment!Court : Mumbai
Reported in : (1950)0LLJ1235Bom
..... industrial dispute has arisen between the maharashtra sugar mills, limited, belapur road, district ahmednagar, and its employees (hereinafter referred to as 'the said industrial dispute') in respect of payment of six months wages as bonus for the year 1947-48 to all employees including the seasonal and contract labour;and whereas the provincial government is satisfied that the said industrial dispute is not likely to be settled by other means;now, therefore, in exercise of the powers conferred by section 73 of the bombay industrial relations act, 1946 ..... not in fact employed by the company nor were they employees of the company within the definition contained in section 3(13)(a) of the bombay industrial relations act, 1946, or otherwise. ..... that in the area of operations of the mills there was in existence the belapur kamgar union which is a representative union registered under the bombay industrial relations act, 1946, and a dispute was raised presumably by the union representing the interests of the various types of labour employed by the mills asking for payment ..... period from the 1st october 1947 to the 12th january 1948 was a period of about 3 months during which time the bombay industrial relations act did not apply to the sugar industry ..... therefore submitted that the government of bombay under the circumstances had no power to refer to the arbitration of the industrial court any alleged dispute between the company and the so-called contract labour and that the industrial court .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom68; (1951)53BOMLR263; (1951)ILLJ137Bom
..... this dispute was referred under section 73, bombay industrial relations act, 1946. ..... of bombay referred an industrial dispute that had arisen between the maharashtra sugar mills, ltd. ..... the contention is that this labour was employed through the instrumentality of contractors & therefore, this labour fell within the meaning of section 3(13)(a), & the company was its employer within the meaning of section 8(14)(e), & it is from the point of view of this contention that we have to consider whether the finding of the industrial court was right or erroneous as held by the learned judge below. ..... now, turning to the definition, 'employee' is defined in section 3(13) & (13) (a) as 'any person employed to do any skilled or unskilled manual or clerical work for hire or reward in any industry, & includes a person employed by a contractor to do any work for him in the execution of a contract with an employer within the meaning of sub-clause (e) of clause (14). ..... 'industrial dispute' is defined by section 8(17) as meaning 'any dispute or difference between an employer & employee or between employers & employees or between employees & employees & which is connected with any industrial matter', & 'industrial matter' is defined by section 8(18). ..... has is to try a matter which relates to an industrial dispute as defined by the act. ..... in this case there is no suggestion by the state of bombay that the maharashtra sugar mills, ltd. .....
Tag this Judgment!Court : Mumbai
Reported in : (1951)53BOMLR1003
..... the appellants filed a petition in the high court of bombay, urging that contract labour were not in fact employed by them nor were they their employees within the definition contained in section 3(3)(a) of the bombay industrial relations act, 1946, and that being so, there was no industrial dispute between the appellants and the contract labour and the reference to the industrial court was without jurisdiction. ..... by a notification dated january 8, 1948, published in the government gazette, under section 2(4) of the bombay industrial relations act, 1946 (bom. ..... an industrial dispute has arisen between the maharashtra sugar mills limited, belapur road district ahmednagar, and its employees (hereinafter referred to as 'the said industrial dispute') in respect of payment of six months' wages as bonus for the year 1947-48 to all employees including the seasonal and contract labour;and whereas the provincial government is satisfied that the said industrial dispute is not likely to be settled by other meansnow, therefore, in exercise of the powers conferred by section 73 of the bombay industria relations act, 1946 (bombay act .....
Tag this Judgment!Court : Chennai
Reported in : AIR1957Mad60
..... jurisdiction of the tribunal,'the learned judge observed: 'the contention raised on behalf of the petitioners that there should be an industrial dispute falling within the definition of that expression in section 2(k) of the industrial disputes act, before the government can make a reference under section 10(1)(c), or the industrial tribunal can acquire jurisdiction by ..... those who assail the validity of the award passed by the tribunals functioning under the industrial disputes act must prove before the court that this preliminary basis for their jurisdiction exists; in other words, that unless the court is satisfied that the parties to a dispute stand in the relation of an employer and a workman as defined in the act, the award is null and void as lacking in an essential preliminary to the ..... in the prior proceedings, that the three categories of employees, the depot superintendent, the assistant depot superintendent and the lady secretary, came within the scope of 'workmen' as defined by section 2(s) of the act, was a decision which fell within the first category of cases to which lord esher referred, the principle of which decision was approved of by their lordships of the privy council in ..... above; see also maharashtra sugar mills v ..... bombay, ..... is open to correction may be taken as well settled law: see state of bombay v. .....
Tag this Judgment!Court : Mumbai
Reported in : [1957]27CompCas500(Bom); (1957)IILLJ194Bom
..... in support of that view, the tribunal referred to the provisions of section 18(c) of the industrial disputes act and sections 114(1)(a) and 115 of the bombay industrial relations act. ..... ' it is also implicit in sections 114 and 115 of the bombay industrial relations act that the rights and obligations of a management of an industrial undertaking are enforceable in proper cases against its ..... , that the labour court or the industrial court is competent to reinstate, dismiss or discharge employees; and that appears clear from the definition of the expression 'employee' in section 3(13) of the bombay industrial relations act. ..... section 42 of the bombay industrial relations act by sub-section (4) provides, in so far as it is material, as follows : 'any employee or a representative union desiring a change in respect of (i) ....... (ii) ..... business, and if a successor decides to run the same business which was carried on by his predecessor, the employees of the old concern are entitled to submit a dispute before the industrial tribunal regarding their rights and obligations in the business of the old concern are entitled to submit a dispute before the industrial tribunal regarding their rights and obligations in the business of the old concern, and those rights and obligations must be regarded as continuing and enforceable ..... in the prescribed manner approached the employer with a request for the change and no agreement has been arrived at in respect of the change within the prescribed period. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom62; (1957)59BOMLR1036; ILR1957Bom818
..... in relation to any question that the mamlatdar has jurisdiction to decide under section 70, the act necessarily deals with land as defined in the bombay tenancy and agricultural lands act in section 2, sub-section (8), which de-lines 'land' as meaning 'land which is used for ..... this case claimed that the provisions of the act do not apply because the lands held by the person who claims to be a tenant were held on lease for the benefit of an industrial or commercial undertaking within the meaning of section 88, sub-section (1)(b) of the act; and if they were so held, they were taken out of the application of this act by virtue of section 88. ..... in the provisions of the act, which either expressly provide or by clear implication show that it iswithin the competence of the mamlatdar todecide whether the land is held on lease for the benefit of an industrial or commercial undertaking, in my view, the civil court is the only forum competent to decide whether the land is held on lease for the benefit of an industrial or commercial undertaking and there-fore exempt from the operation of the bombay tenancy and agricultural lands ..... question whether a person is a tenant, it is necessary to decide the question whether he is a tenant of an agricultural pieceof land, and without deciding the question whether the land is agricultural or one held for the benefit of an industrial or commercial undertaking, it will not be possible for the mamlatdar to decide whether the first opponent is a tenant. .....
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