Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 25 right of officers of approved unions Court: karnataka Page 1 of about 280 results (0.160 seconds)

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

Court : Karnataka

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

..... 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 ..... 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 ..... a 'workman', as defined under section 2(s) of the industrial disputes act, and the labour court has rightly recorded a finding to the effect that he was a workman, as defined under section 2(s) of the act, and, therefore, the reference was ..... 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 ..... that a regional officer has been appointed by the company for the state of karnataka and he was the controlling authority in the matter of sanctioning of leave, approving tour programme of .....

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 was holding an office of profit. ..... 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 entitled to, any remuneration other than the compensatory allowance. ..... if that provision 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 uninterruptedly all throughout. ..... in that case a member of the wage board for sugar industry constituted by the government of maharashtra under s. ..... this is not even a case where the chairman was appointed to an office and a salary was provided for him by the order of appointment or he was entitled to a salary as a result of the appointment and he gave up his right to the salary. .....

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 ..... 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 ..... attracted, though looks attractive at first blush, it does not detain this court for too long to brush aside the same, inasmuch as, the expression used in clause (b) of sub-section (1) of section 17 of the act is not three consecutive ordinary meetings but it is more than three consecutive ordinary meetings , which would mean that a sitting member of the market committee would become liable to disqualified, ..... the election officer namely, tahsildar, bangalore north taluk conducted a meeting to elect president and vice president of the committee on 21.10.2014 on account of term of 20 months period fixed under the act was to .....

Jyothi Home Industries Vs. State of Karnataka and anr.

Court : Karnataka

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

..... this results, in the first place, from the vast expansion of the national legislative power over private enterprise and industrial relations, through the independent regulatory agencies ........' * * * *'....... ..... cooley 'on taxation' states that the power to tax belongs 'as a matter of right to every independent government' and 'that constitutional provisions relating to the power of taxation do not operate as grants of the power of taxation to the government but instead merely constitute limitations upon a power which would otherwise be practically without limit'. ..... act has declared a number of industries, the control of which by the union is considered expedient in public interest. ..... state of bombay (now maharashtra) : 1978crilj1281 , devi dass gopal krishnan v. ..... sales tax officer, section iii, kanpur : [1973]2scr502 the supreme court said : '13. ..... finsbury borough council [1952] ac 109 were referred to with approval : 'if you are bidden to treat an imaginary state of affairs as real, you must surely, unless prohibited from doing so, also imagine as real the consequences and incidents which, if the putative state of affairs had in fact existed, ..... conferment of reasonable area of discretion by a fiscal statute has been approved by this court in more than one decision : see khandige sham bhat v. ..... muttuswami goundan which were referred to with approval by the supreme court in the former case. 11. ..... this approach has been approved by this court in the case of east india tobacco co. v. .....

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

Court : Karnataka

Reported in : 1998(1)KarLJ247

..... it having been found as an undisputed fact that respondent 3-narayanan, right from 1-10-1982, 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 part 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. ..... dealing with a similar question under the provisions of the bombay 'industrial relations act, 1946, chagla, c.j. ..... 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

..... been 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. ..... dealing with a similar question under the provisions of the bombay industrial relations act, 1946, chagla, c.j. ..... 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. .....

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

Court : Karnataka

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

..... contained in the companies act or any other law or any instrument or memorandum and articles of association or any agreement or any decree or order of a court or tribunal or authority and any remedy for the enforcement of any right and obligation all proceedings relating thereto pending before any court or tribunal or authority shall remain stayed or be continued subject to such declaration.17.2 section 22a provides, inter alia, that the board (bifr) may direct the sick industrial company not to dispose ..... the official liquidator is an interested party in the sale of the security in two capacities in such a situation (1) as a representative of the pari passu charge holders; and (2) as an officer of the court in the custody of the company's properties, who is responsible for the sale and distribution of the assets of the company in winding up. ..... in brief the contentions of appellant are :(a) having regard to the order dated 26-8-1993 of the bifr under section 20(4) permitting the sale and the subsequent approval of the sale by the bifr by order dated 27-12-1995, and the overriding effect of the provisions of the sica, there is no need to obtain the leave of the company court. ..... (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. .....

State of Karnataka Vs. Kasturi and Sons Ltd.

Court : Karnataka

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

..... 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, ..... 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 ..... 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 ..... stc 414 :'the question before us is whether the department is right in claiming that the items in question are dutiable under tariff entry ..... 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 ..... , 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 ..... 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 ..... 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 ..... construed, so far as possible, to avoid the effect of transferring the determination of rights and liabilities from the ordinary courts to executive officers; see winter v- attorney general- (1875) lr pc 380.11 ..... referred, with approval to the .....

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 vs. ..... 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 ..... " (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 seventh schedule of the constitution ..... dhillon, this court approved the principle laid down in s.c ..... in second gift tax officer, mangalore v. d.h. ..... it is useful to refer to a seven judge bench decision of the supreme court in union of india vs. ..... mr.nariman is right that royalty which is indirectly connected with land, cannot be said to be a tax directly on land as a unit. ............................... .....