Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 22 registration of union for more than one local area Court: karnataka Page 1 of about 271 results (0.172 seconds)

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

Court : Karnataka

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

..... dealing with a similar question under the provisions of the bombay industrial relations act, 1946, chagla, c.j. ..... he also contended that the order of termination was only a retrenchment simpliciter and as the company had complied with the provisions of section 25-f of the industrial disputes act, there was no justification for the labour court to award compensation more that the one contemplated by section 25-f of the act. 7. ..... the labour court also considered the plea of the employee that the termination of his service was really on account of his trade union activities as he happened to be an active office-bearer of the sales promotion employees' union and also on account of the complaint by the regional manager to the effect that the employee had assaulted him. ..... in support of the second point, learned counsel for 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. ..... the nature of the duties assigned to mukerjee that his main work was that of canvassing and any clerical or manual work that he had to do was incidental to his main work of canvassing and could not take more than a small fraction of the time for which he had to work. .....

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 ground that he ..... context otherwise requires, 'committee' means any committee, commission, counsil, board or any other body of one or more persons whether statutory or not, set up by the government of india or the government of any state.then follows section 3 which deals with removal of certain disqualifications pertaining to the listed offices. ..... of a state, if he holds any office of profit under the government of india or the government of any state specified in the first schedule, other than an office declared by the legislature of the state by law not to disqualify its holder.article 191(2) lays down that a person shall be disqualified for being a member of the legislative assembly or legislative councilof a state if he is so disqualified under the tenth schedule.article 192(1) provides that if any question ..... is read with definition of 'committee' as found in section 2(a) of the act, it should be committee or commission set up by the government of india or the government of any state in exercise of executive powers and the planning commission would not be covered by the sweep of section 2(a) as it is not a municipal body but it is a body having constitutional outfit flowing from the powers vested in the union of india under the constitution and it continues to exist ..... wage board 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 that said provision having undergone changes from 1965 onwards and while interpreting the words more than three calendar months as mentioned in the proviso, pursuant to the amendment in the year ..... in this connection, to compare the phraseology employed by the legislature in sections 13 and 16 wherein an applicant union for getting registration as a representative union under section 13 or the rival union to displace such a representative applying under section 16 has to show its requisite 25% membership of the workmen engaged in that industry for a continuous period of three immediately preceding such application. ..... therefore, if two interpretations are possible, the one that restricts the scope of the proviso which has a disabling effect on the membership of the union has to be preferred to the one which extends its scope. ..... calendar months fructifies the union by 23 they are largely drawn from rural areas and come from long distances to eke out their livelihood in search of maintaining themselves and the members of their family. .....

Jyothi Home Industries Vs. State of Karnataka and anr.

Court : Karnataka

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

..... state government the power to fix such rate of tax, is void as it suffers from the vice of delegation of essential legislative powers; (12) section 3 of the act which empowers the state government to fix different rates of tax for different local areas is void as it delegates unguided and uncontrolled power; (14) if section 3 is held to empower the state government to apply the provisions of the act to certain local areas only and not to other areas, then the section is void as it delegates unguided and uncontrolled power. ..... place, from the vast expansion of the national legislative power over private enterprise and industrial relations, through the independent regulatory agencies ........' * * * *'....... ..... conferment of reasonable area of discretion by a fiscal statute has been approved by this court in more than one decision : see ..... hearing, the following contentions require consideration : contention (a) : under entry 52, list ii, the state legislature has no legislative competence to impose a tax on raw material, industrial machinery; or products of industries the control of which by the union is declared by law under entry 52, list i, to be expedient in public interest. ..... state of bombay (now maharashtra) : 1978crilj1281 , ..... trade and commerce in, and the production, supply and distribution of, - (a) the products of any industry where the control of such industry by the union is declared by parliament by law to be expedient in the public interest, and imported goods of the same .....

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. ..... , a court or tribunal would have jurisdiction if the 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 ..... 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. ..... it was thus clear that respondent 3 was serving at bombay and he was served with the termination order as per annexure-d at bombay, though the petitioner itself states in annexure-d that respondent 3 was assigned a part of state of karnataka as his area of operation.3. ..... on several grounds, one of which being that the government of karnataka is not the appropriate government to make that reference, the petitioner seeks quashing of the said reference under article 226 of the constitution.2. .....

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

Court : Karnataka

..... a similar question under the provisions of the bombay industrial relations act, 1946, chagla, c.j. ..... 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. ..... 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 ..... 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. ..... clear that respondent 3 was serving at bombay and he was served with the termination order as per annexure-d at bombay, though the petitioner itself states in annexure-d that respondent 3 was assigned a part of state of karnataka as his area of operation. 3. ..... on several grounds, one of which being that the government of karnataka is not the appropriate government to make that reference, the petitioner seeks quashing of the said reference under article 226 of the .....

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 ..... (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. ..... . 3.03 crore, the third respondent had obtaineda valuation report valuing the assets at more than rs ..... advertisements regarding the sale appeared in the economic times (bangalore, ahmedabad, delhi, madras and calcutta editions) and the local vernacular daily prajavani, during march 1994. ..... what remained to bed one as on 31-10-1996 was payment of balance price of rs. .....

State of Karnataka Vs. Kasturi and Sons Ltd.

Court : Karnataka

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

..... 2919--22 of 1995 decided on january 15, 1997) a division bench of this court, while interpreting the provisions of an entry under the karnataka tax on entry of goods into local areas for consumption use or sale therein act, 1979, held thus :'the legislative history indicates that the expression 'paper' has been understood to include all kinds of paper including carbon paper, blotting paper, waterproof paper, pvc coated paper, ferro paper, ..... 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 to such goods. ..... in commissioner of sales tax, maharashtra state, bombay v. c. ..... in this behalf, it may be relevant to refer to the following observations of the supreme court in bharat forge & press industries (p) ltd. v. ..... this apart, 'paper' does not cease to be a paper merely because it is printed or is of a smaller size than what could be used for the printing of newspapers. .....

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

Court : Karnataka

Reported in : AIR1976Kant85; ILR1976KAR310

..... that case 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, 1955. ..... section 15 in chapter iii of the act relates to the function of the commission and charges it with the functions of planning and implementing programmes for the development of khadi and village industries. ..... before we examine these contentions, it is necessary to look into the scheme and provisions of the act.the act was enacted to provide for the establishment of a commission for the development of khadi and village industries and for matters connected therewith and the commission was intended to be vested with powers executive as well as administrative for the proper development of khadi and village industries. ..... the submission was a much more limited one 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 adopted . ................................ .....

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

Court : Karnataka

..... counsel appearing for 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 ..... also submitted that even assuming that there is some element of service in the process of construction and sale of flats, the measure of tax could be only the service component and not the gross amount charged for the construction as per section 67 of the act; as the measure of tax is notional, in the sense the service component is not taken as the measure, the impugned provisions are unconstitutional. ..... (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 construction (except in cases for which no sum is received from or on behalf of the prospective buyer by the builder or the person authorised by the builder before grant of completion certificate by the authority competent to issue such ..... while applying the doctrine of classification, the legislature is allowed more freedom of choice in the matter of taxation vis-a-vis other types ..... if a state can validly pick and choose one commodity for taxation and that is not open to attack ..... useful to refer to a seven judge bench decision of the supreme court in union of india vs. .....