Court : Mumbai
Reported in : (1941)43BOMLR631
..... the onus 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. ..... it appears 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. ..... there are, 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 the suit. ..... came to 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. ..... kapadia and warden made a joint affidavit on the notice of motion for injunction, and both stated in their affidavit, as they stated here, that the defendant did say in his speech that parsi girls were made to take part in the play .....
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
..... the winding up of the company and only upon the application of a company, a creditor, or a contributory, to restrain 'further proceedings in any suit or proceeding against the company upon such terms as the court thinks fit'; and (d) that section 171 by contrast provides that 'after a winding up order has been made or a provisional liquidator appointed, no suit or other legal proceeding shall be proceeded with or commenced against the company, except by leave of the court and subject ..... ' if it be considered that the effect of the income-tax authorities putting the machinery of section 46 of the income-tax act in motion for the collection of arrears of income-tax is to bring into operation all the appropriate legal enactments relating to the collection of land revenue in the province concerned, it is, in our judgment, very difficult to say that they are not taking a ' legal proceeding,' in fact, in this very case, had the company not been in liquidation, the ..... supposition the proviso is wholly 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. ..... the punjab industrial bank ltd. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1950Bom342; (1950)52BOMLR389; ILR1951Bom1; (1953)IILLJ469Bom
..... it would appear 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 ..... 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. ..... 3(18) where 'industrial matter' is defined, all matters pertaining to any right or claim under or in respect of or concerning a registered agreement or a submission, settlement or award made under the act would constitute an industrial matter, and there is no dispute, and there can be none, that an interpretation of an award would be an industrial matter. ..... (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 ..... that the persons constituting the so-called contract labour were 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. ..... it appears 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 of six months' wages as bonus for the ..... it was further contended that the contract labour were employees of the petitioners within the meaning of definition given in the bombay industrial relations act, 1946, and that the relationship of master and servant existed between the persons constituting the contract labour and the petitioners or between .....
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) ..... industrial court also observed that from the circumstance that the old company as well as the new company were carrying on the same business, the applicants could not be regarded as employees of the new company under the definition of 'employee' in the bombay industrial relations act, and as the applicants had ceased to be employees of the old company, they were not employees within the meaning of the bombay industrial relations act. ..... that being the real object of legislation like the bombay industrial relations act, jurisdiction to adjudicate upon a claim made by an employee of a transferor undertaking as against the transferee undertaking must be .....
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 in question does not fall within the scope of the bombay tenancy and agricultural lands act, but falls within any of the excepted categories in section 88, a civil court could alone determine this question, it would lead to the most undesirable consequence that a landlord can, in any proceeding instituted by a tenant under section 70 of the act, raise a plea, however unjustified, that the land does ..... earlier, in my opinion the only possible view is that it is inherent in the powers of the mamlatdar to decide and determine matters which are specifically enumerated in section 70 that the mamlatdar should have the power to determine, in the first instance, whether the act applies to the lands in question; and i am clearly of the opinion that, to the extent to which it becomes necessary for him to determine, for the ..... 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. ..... filed a civil suit in the court of the third joint civil judge, senior division, ahmedabad, against three persons .....
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