Court : Rajasthan
Reported in : 2000(2)WLN617
..... court in this regard:the principles applicable to the jurisdiction of the civil court in relation to an industrial dispute may be stated thus:(1) if the dispute is not an industrial dispute, nor does it relate to enforcement of any other right under the act the remedy lies only in the civil court. ..... purpose of carrying out its objects, such as laying down the conditions of service of its employees, can be said to be a part of its business, it would appear that a dispute relating to conditions of service of the workmen employed by the society cannot be held to be dispute touching the business of the society.the hon'ble supreme court in dm. ..... in these cases will not govern this case.reliance has been placed by the learned counsel for the petitioners on a decision of the bombay high court in maharashtra cooperative housing finance society ltd. ..... the bank and its employees and a change of such bye-laws embodying the conditions of employment, could not possibly be directed by the registrar where under section 62(4) of the (andhra) act, he is specifically required to decide the dispute referred to him in accordance with the provisions of the bye-laws. ..... by the society of its committee against a paid employee of the society has been excluded from the jurisdiction of the civil court.learned counsel for the petitioners in the alternative has also urged that if it is held that the registrar has no jurisdiction then the matter should be ordered to be adjudicated by the industrial tribunal. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986(1)WLN158
..... their lordships further observed that section 20(2)(2) of the act of 1971 is more or less pari materia with the provisions of the bombay industrial relations act, 1946. ..... so far as the cases of bombay high court are concerned which were cited before the high court there was a provision in the bombay industrial relations act, 1946 for conferring an exclusive right on the union to represent the workmen and after dealing with those cases, it was held that mere fact that in other cases certain powers have been given to the representative ..... the bombay industrial relations act had incorporated the provisions for conferring the statuts of a recognised union and despite strident criticism of the method of ascertaining membership. ..... where there is a recognised union for any undertaking:(a) that union alone shall have the right to appoint its nominees to represent workmen on the works committee constituted under section 3 of the central act;(b) no employee shall be allowed to appear or not to be allowed to be represented in any proceedings under the central act (not being a proceeding in which the legality or propriety of an order of dismisal, discharge, removal, retrenchment, termination of service or suspension of an employee is under consideration) except through the recognised union; and ..... in maharashtra, the maharashtra recognition of trade unions and prevention of unfair labour practices act (no. ..... but it is for the legislature to intervene as has been done in maharashtra. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1996)IILLJ347Raj; 1996(1)WLC418
..... for adjudication, the tribunal has to decide the same as a preliminary issue as it relates to the jurisdiction of the tribunal which can only adjudicate industrial dispute and the law is settled that if a closure in fact has taken place then such adispute is not an industrial dispute and is beyond the purview of the industrial tribunal apart from the question of compen-sation under section 25fff of the industrial disputes act, 1947'.thereafter the tribunal examined the pleadings of the company and ..... receiving letter of the company, called upon the company to appear before him by writing letter dated january 25, 1983 and asked the company to show cause on the following points:'why the procedure detailed under section 25h of chapter v-b of the industrial disputes act was not adopted before resorting to the retrenchment; andfurnish the detailed information justifying the causes mentioned in the respective annexure-a to the letter of the company dated january 21, 1983. ..... we are in respectful agreement with the view taken by the bombay high court in maharashtra general kamgar union v. ..... the tribunal observed that it did not find any force in this submission because 'the committee of the board of directors of the company by resolution dated july 18, 1982 appointed him (s.s. ..... however, on may 18, 1995 joint request was made on behalf of the company as well as on behalf of the union to tag on this matter with special appeals no. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj3214
..... while explaining the paramount consideration/utilisation of the land reserved in future in accordance with the requirement of the later times, criticized the approach of the city and industrial development corporation, maharashtra and held that it was supposed to carry out its activities 'on no profit no loss basis'. ..... utmost necessity that the respondent jda in discharging all its obligations of planning and development of the city of jaipur give due importance to the provisions envisaged in the rules of 1975 and the act of 1982 and in doing so, mandatorily adhere to the requirement of sufficient spaces being left open to be used as parks, gardens, playground and recreational grounds for their entertainment and health activity ..... facility area in the plan was not considered adequate and therefore the building plan committee upon hearing the members of the housing society and all concerned did not consider ..... this intention of the legislature has further been reflected in the recently introduced section 80a inserted by amending act of 1999 in proviso to which, the lands earmarked for public utilities/services have been completely kept out of the purview of regularization and the public utilities ..... in what has been held by the learned single judge and withdrawn from the appeal, we hardly find any merit in the same argument relating to maintainability being reiterated before us questioning locus standi and bona fides of the petitioners. ..... delivered judgment in bombay dyeing and . ..... bombay .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1981Raj284
..... although earlier in the beginning of the submissions, there was some obscurity and confusion about the exact purpose even in relation to the industrial development because at one stage, notification was issued for an oxygen company and later on, during the arguments, reference was made to some paper mill by the respondent's counsel and so also, the petitioners' counsel pointed ..... case (supra), bombay high court has extracted the following portion from the judgment of the supreme court: 'where certain lands are- sought to be acquired and the public purpose indicated in the notification is the development of area for industrial and residential purposes that in itself, on the face of it, does not call for any such action, barring exceptional circumstances, as to make immediate possession, without holding even a summary enquiry under section 5a of the act, imperative. ..... this court was considering the question about the principle embodied in illustration (e) to section 114, evidence act in relation to the regular performance under the prevention of food adulteration act and the formalities required thereunder. 64. ..... 42 read as under: 'all schemes relating to development of industrial and residential areas must be urgent in the context of the country'sneed for increased production and more residential accommodation ..... sate of maharashtra, air 1980 bom 221 relates to the question whether there was urgency in a given case is or is not justiciable and held that it is subject to judicial review .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(3)WLC122; 2002(4)WLN92
..... the issue further as to whether the respondent- workman could be a 'workman' as defined under section 2(s) of the act, 1947, which reads as under: - 'workman' means any person (including an apprentice) employed in any industry to do any manual, 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 ..... . (79), the hon'ble supreme court, considered the issue as to whether 'inspector' in the bombay iron and steel board, constituted under the maharashtra mathadi, hamal and other manual workers (regulation of employment and welfare) act, 1969, was 'workman' under the definition and observed as under:-- 'no doubt, in deciding about the status of an employee, his designation alone cannot be said to be decisive and what really should go into consideration is the nature of his ..... . electricity commissioner, ex-parte, london electricity joint committee co ..... . preamble of the industrial employment (standing order) act, 1946 (for short, 'the act, 1946') itself provides that 'whereas it is expedient to require employers in industrial establishments to define with sufficient precision the conditions of employment under them and to make the said conditions known to workmen employed by them .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992WLN(UC)442
..... devraj ors : (1976)iillj306sc , held to be 'other authority' as it was statutory corporation and the state government had power under section 34 of the act to give directions to be followed by the corporation relating to recruitment, conditions of service, training of its employees, wages to be paid, reserves to be maintained and disposal of its profits or stocks and the directions given by the state government were binding.21. ..... city and industrial development corporation of maharashtra ltd. ..... all india council for technical education to be nominated by the northern regional committee, one representative of the university of jammu & kashmir, one non-official representative of each of the punjab, rajasthan, u.p. ..... president or nominated member of highest cooperative marketing federation of a state, all the cooperative societies there-of which have made a joint contribution to the share capital of iffco to the extent of more than one crore rupees;2. ..... iffco, as a multi-unit cooperative society, was registered under bombay cooperative societies act, 1923, which applied to the union territory of delhi, by the central registrar of cooperative societies, on november 3, 1967 and the registration number assigned to it was cr-1. ..... children's aid society, bombay, was registered under the societies registration act, 1860 and had also been treated as a public trust, under the bombay public trusts act, 1950. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1994]81CompCas50(Raj)
..... or a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof ..... radhaben ranchhodlal charitable trust, air 1988 guj 213 ; [1989] 66 comp cas 555, and also on the decision of the supreme court in maharashtra tubes ltd. v. ..... the bombay high court considered the decisions both of the gujarat, andhra pradesh and the karnataka high courts and observed (at page 554 of 78 comp cas) :'it is clear from the provisions of the act that a winding-up petition is required to be kept merely in abeyance pending the enquiry under section 16 or framing of the scheme under the act or pending the implementation of the scheme framed thereunder. ..... [1991] 70 comp cas 440 and also by the bombay high court in ranmiklal and co. v. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(2)WLN81
..... true principle of promissory estoppel, therefore, seems to be that where one party has by his words or conduct made to the other a clear and unequivocal promise which is intended to create legal relations or affect a legal relationship to arise in the future, knowing or intending that it would be acted upon by the other party, the promise would be binding on the party making it and he would not be entitled to go back upon it, if it would be inequitable to allow him to do so having ..... 9th march, 1985 sub-clause (iii) of clause 10 of the state lotteries scheme, was substituted and under; the said sub-clause as substituted it has been provided that the committee would satisfy itself about the arrangements of the draw and shall select and approve the persons from the staff that may be posted far its operation. ..... of a full bench of the bombay high court in tapri oil industries and anr. ..... estoppel differs from the rule of; estoppel as contained in section 115 of the evidence act in the sense that while rule of estoppel applies to a representation about an existirig fact, the principle of promissory estoppel is applicable to cases where one party makes a representation by making a promise or giving an assurance to be acted upon in the future. ..... state of maharashtra : [1984]2scr440 , the supreme court has examined the constitutional basis for organising of lotteries by the governments of the various states in india and after taking note of the provisions contained in entry 40 in list i of .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)IIILLJ782Raj; RLW2008(3)Raj2300
..... supreme court in isha steel treatment, bombay, supra, also was dealing with a case where question was with regard to the closer of one of the two units and provisions of section 25fff and section 2(cc), (ka) of the industrial disputes act, 1947 fell for consideration of the ..... of the supreme court in dilip kumar nayak, supra, was delivered in the context of dispute arising out of proceedings under section 33(1)(a) and 33a of the industrial disputes act. ..... evidence to arrive at such a satisfaction in the scope of section 2a read with section 7a of the act while deciding the claim of infancy made by the appellants.20. ..... the commissioner also noted that times of india, bombay is already a covered unit in the state of maharashtra and on that basis concluded that jaipur branch was its part ..... which is owner, printer and publisher of english daily 'the times of india' published from bombay, delhi, ahmedabad, bangalore, patna and jaipur and hindi daily 'nav bharat times' published from bombay, delhi, patna and jaipur had commenced publication of jaipur edition of its above referred to daily ..... the regional provident fund commissioner passed under section 7a of the act clearly show that agreement executed between m/s. ..... that was raised was whether pending adjudication of an industrial dispute in relation to an employee of one zone to another zone, could an employee be proceeded against in a disciplinary action without the leave of the industrial tribunal. ..... signed all the papers relating to not only .....
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