Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 57 power of chief conciliator to intervene Court: kolkata Page 1 of about 1 results (0.034 seconds)

Birla Corporation Ltd. Vs. First Industrial Tribunal and ors.

Court : Kolkata

Reported in : 2006(2)CHN13,[2006(110)FLR136],(2006)IIILLJ84Cal

..... jurisdiction of the appropriate government to refer a dispute relating to proposed shifting of soorah jute mill from 102, narkeldanga main road, kolkata to birlapur, 24-parganas (south) to the industrial tribunal for adjudication under section 10 of the industrial disputes act, 1947, has been challenged in this writ ..... that normally a writ petition under article 226 of the constitution of india should not be entertained against an order of the appropriate government making a reference under section 10 of the act, as the parties would get opportunity to lead evidence before the labour court or industrial tribunal and to show that the claim made is either unfounded or there was no occasion for making a reference. ..... mitra, such defect in the reference does not oust the jurisdiction of the tribunal to adjudicate the industrial dispute relating to such shifting, particularly when affectation of the right and/or enjoyment of benefit of the workmen due to such shifting is admitted by the petitioner in their letter dated 22nd may, 2002 being annexure 'p-4' to this ..... doubt true that the source of power to make the reference of an industrial dispute for adjudication lies in section 10 of the said act. ..... state of maharashtra (supra) ..... bandopadhyay relied upon a decision of the bombay high court in the case of harish bijoy kumar khaitan and ..... in exercise of the power conferred by section 10(3) of the industrial disputes act, 1947, the governor was pleased to prohibit the continuance of suspension of .....

Indian Express Newspaper (Bombay) Pvt. Ltd. Vs. State of West Bengal a ...

Court : Kolkata

Reported in : 2005(1)CHN390,[2006(106)FLR467],(2005)IILLJ333Cal

..... sampat had been served with such order in calcutta, his situs of employment being bombay, he ought to have raised an industrial dispute relating to the termination of his services in bombay and the government of maharashtra would have been the appropriate government to make a reference under section 10 of the aforesaid act in respect of such dispute.41. ..... the appeal court directed that in the event such preliminary issue was decided in favour of the workman the learned tribunal would then consider the matter relating to grant of interim relief in favour of the workman under section 15(2)(b) of the industrial disputes act afresh in the light of the full bench decision in terms of the direction given by the division bench in the aforesaid appeal preferred by m/s. ..... , inasmuch as, shri sampat was an employee of the bombay office of the newspaper company, as had been admitted by him all along and irrespective of the fact that he was employed in calcutta, his controlling authority was the bombay office and consequently it would be the maharashtra state government which would be the appropriate government within the meaning of sub-clause (ii) of section 2(a) of the industrial disputes act, 1947, in the instant case.18. ..... on receipt of such letter terminating his service, shri sampat raised an industrial dispute resulting in an order of reference by the government of west bengal dated 13th january, 1992, following the failure of conciliation proceedings. .....

Food Corporation of India Vs. Central Government Industrial Tribunal a ...

Court : Kolkata

Reported in : (2010)ILLJ496Cal

..... as there is an error of law ex facie on record, that finality of award under section 17 of industrial dispute act is not a bar for judicial review and that judgments as relied upon by respondents-workmen, all relates to contract labour (regulation and abolition) act, 1970 and that act has no applicability in the instant case.11. ..... that this authority has no manner of application to the present case for the simple reason that rights, obligations and duties of the parties in the present case were to be governed entirely by the industrial disputes act, 1947, item 10 of part of the fifth schedule whereof says that unfair labour practice on the part of employers means, 'to employ workmen as 'badlis', casuals or temporaries and to continue them ..... not construed as excluded except in case of express statutory provision to that effect and provisions thereof, found in statutes conferring powers on tribunals, to the effect that there decision shall be final and be construed as taking away the remedy by writ ..... industrial dispute act was enacted with a particular purpose to maintain the peace in the industrial field and a different procedural steps prescribed for negotiation, conciliation ..... answered by contending that those are not relevant for adjudication of this case as those were in the field of different act, namely, contract labour (regulation and abolition) act, 1970 and maharashtra recognition of trade union and prevention of unfair labour practices act, 1971.8. ..... industrial tribunal, bombay .....

Bholanath Roy and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 100CWN657,(1996)IIILLJ165Cal

..... , therefore, apply in the case of karnataka high court also wherein itwas also found as of fact that the bye-laws of the federation show that its functions are of public importance and closer relating to government's functions relating to animal husbandry federation and it enjoyed monopoly status in its field and most of the funds, loans and bank guarantees required for running the affairs of the federation have been provided by the state ..... ashoke kumar, reported in 1992(1) calcutta law journal page 319 this, court held that the indian council of cultivation of science which is a society registered under the societies registration act is not an authority within the meaning of article 12 of the constitution of india as its object inter aha was to cultivate science in all its department with a view to its advancement by original research and to its valid application to ..... in (supra) the supreme court was considering an award of an arbitrator made under section 10a of the industrial disputes act. ..... it is only in that context it was held that the expansive and extraordinary power of the high court under article 226 is of wide amplitude and the language used therein indicates that it can affect any person-even a private individual-and be available for any (other) purpose--even ..... reported in (1995-ii-llj-597) a division bench of the bombay high court upon consideration of a large number of decisions including the decision of nayaghar co-operative central bank ..... state of maharashtra and ors .....

Ganapati Commerce Ltd. (In Liquidation) and the Official Liquidator, H ...

Court : Kolkata

Reported in : III(2008)BC36,(2008)1CALLT175(HC),[2008]83SCL467(Cal)

..... it would be inappropriate for the company judge, merely on the strength of section 18 of the 1993 act to allow the debts recovery tribunal to deal with all matters relating to the assessment of priorities of creditors of a company in liquidation and the distribution of dividends to creditors without reference to the company court.34. ..... the rules framed under the companies act by the supreme court in exercise of powers under section 643 of the companies act, detail the procedure to be adopted by the official liquidator at every stage leading up to the ultimate dissolution of the company in liquidation. ..... the decision of the bombay high court in maharashtra state financial corporation case air 1993 bom 392 gives weighty reasons as to why when the company is under winding-up sfc to which the assets of the company are charged cannot proceed to realise the security ..... before the allahabad bank case, the supreme court had referred to the provisions of the 1993 act in the context of section 446 of the companies act in a judgment reported at : [1996]2scr960 (industrial credit and investment corporation of india ltd. v. ..... if the secured asset does not meet the value of the certificate, the recovery officer as any other court executing a money decree, would have the power to sell the other assets of the certificate debtor for the certificate claim to be satisfied. .....

Tata Motors Limited and Others Vs. the State of West Bengal and Others

Court : Kolkata

..... 2011 written by district magistrate, hooghly, to md of tm addressed to tms bombay office it is stated, inter alia, as follows: in terms of sub-section (1) and sub-section (2) of section 4 of the singur land rehabilitation and development act, 2011, the land stands vested to the state government free from all encumbrances. ..... he relied on paragraph 52 (page 629), 56 (page 632) and 58 (page 631) in the case of jilubhai nanbhai khachar (supra) which is quoted hereunder: para52 at pg.629 the constitutional history of the interpretation of the power of parliament to amend the constitution under article 368 from kameshwar singh to kesavananda bharati to give effect to the directive principles in part iv vis--vis the right to property in articles 19(1)(f) and 31 as well as the interpretation of ..... in air 1963 sc 151para 24, 25, 28, 29,32,40 where the supreme court laid down inter alia the following principles in relation to justiciability of public purpose:- no doubt in these decisions this court stated what, broadly speaking, the expressing public ..... this means that the state legislature loses its power to make laws regarding gold industry since entry 24, list ii is expressly subject to the ..... provision for execution of any purported order made by the district judge nor will it be an award under the arbitration and conciliation act, 1996. ..... state of maharashtra reported in (1977) 2 scc 670 where ..... state of maharashtra reported in (1977) 2 scc ..... state of maharashtra, this court ..... maharashtra .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... 2011 written by district magistrate, hooghly, to md of tm addressed to tms bombay office it is stated, inter alia, as follows: in terms of sub-section (1) and sub-section (2) of section 4 of the singur land rehabilitation and development act, 2011, the land stands vested to the state government free from all encumbrances ..... and he relied on paragraph 52 (page 629), 56 (page 632) and 58 (page 631) in the case of jilubhai nanbhai khachar (supra) which is quoted hereunder:para 52 at pg.629the constitutional history of the interpretation of the power of parliament to amend the constitution under article 368 from kameshwar singh to kesavananda bharati to give effect to the directive principles in part iv vis--vis the right to property in articles 19(1)(f) and 31 as well as the interpretation of ..... air 1963 sc 151para 24, 25, 28, 29,32,40 where the supreme court laid down inter alia the following principles in relation to justiciability of public purpose:-no doubt in these decisions this court stated what, broadly speaking, the expressing public ..... this means that the state legislature loses its power to make laws regarding gold industry since entry 24, list ii is expressly subject to the ..... provision for execution of any purported order made by the district judge nor will it be an award under the arbitration and conciliation act, 1996. ..... state of maharashtra reported in (1977) 2 scc 670 where ..... state of maharashtra reported in (1977) 2 scc ..... state of maharashtra, this court ..... maharashtra .....

Simplex Infrastructures Ltd. Vs. Commissioner of Service Tax, Kolkata

Court : Kolkata

..... liniments, hyderabad reported in (1989) 2 scc127 the supreme court held:- in order to make the demand for duty sustainable beyond a period of 6 months and up to a period of 5 years in view of the proviso to sub-section (1) of section 11a of the act, it has to be established that the duty of excise has not been levied or paid or short-levied or short-paid or erroneously refunded by reasons of either fraud or collusion or wilful misstatement or suppression of facts or contravention of ..... tax is provisionally assessed under this chapter or the rules made thereunder, the date of adjustment of the service tax after the final assessment thereof; (iii) in a case where any sum, relating to service tax, has erroneously been refunded, the date of such refund. ..... this shall apply even to cases where sufficient evidence is placed before the writ court for an unambiguous conclusion upon technical matters.he also referred to a decision of the bombay high court in the case of apcotex industries-vs. ..... -state of maharashtra reported in 2007 (207 elt168 wherein it was observed that although ordinarily a writ court may not exercise its discretionary jurisdiction in entertaining a writ petition questioning a notice to ..... -collector reported in 1992 (58) elt508 it was observed as follows: power of judicial review, under article 226 of the constitution of india, can be exercised where challenge to a show cause notice is made provided it is patently demonstrated that the same is issued without jurisdiction or .....

Indian Tea Packeting Industries and anr. Vs. Union of India (Uoi) and ...

Court : Kolkata

Reported in : 1988(18)ECC180

..... second-hand furniture after polishing and colouring was involved, it has been held not to be a manufacture under section 2(17) of the bombay sales tax act which indicated that manufacture with all its grammatical variations and cognate expressions means producing, making, extracting, altering, ornamenting ..... above, are brought to their blending and packeting centres at calcutta in west bengal, tundla in uttar pradesh, jamnagar in gujarat, kannan in maharashtra, ghashesar in andhra pradesh and coimbatore at tamil nadu, where they are packed in small packets after blending or mixturing of different grades and ..... , 1986 the same includes any process incidental or ancillary to the completion of a manufactured product; and (i) in relation to tobacco, includes the preparation of cigarette, cigars, cheroots, biris, cigarette or pipe or hookah tobacco, chewing tobacco or snuff; and (ii) in relation to salt, includes collection, removal, preparation, steeping, evaporation, boiling or any one or more of these processes ..... was under challenge and it has been observed, that in view of the provisions of section 3 read with item 3 of the first schedule, the central government has power to sub-classify tea for the purpose of levy of duty and therefore, the power of classification of tea gardens into different zones would not amount to levying duty on ..... they carry on business inter alia of packaging tea at warehouses and tea industries situate in the district of jalpaiguri and the tea as received by the .....

Commissioner of Income-tax Vs. Teesta Valley Co. Ltd.

Court : Kolkata

Reported in : [1991]187ITR657(Cal)

..... , the bombay high court was concerned with the determination of income under the maharashtra agricultural income-tax act, 1962. ..... on further appeal, the tribunal found that though this was a statutory liability under the employees' provident funds act to make contributions, it was never enforced under the act in the earlier years, and it was only in the year under appeal that the regional provident fund commissioner called upon the assesses to make the statutory contributions for ..... , one of the issues raised for consideration before the bombay high court related to the assessee's claim for deduction of rs. ..... june 19, 1962, the regional provident fund commissioner wrote a letter to the assessee-company to comply with the provisions of the act and the scheme framed thereunder with effect from january 1, 1961, pending a decision for compliance for the period november 1, 1957, ..... agreement executed between the state government and the assessee read as under :'(a) that the lessee shall pay rent to the government as determined under section 42 of the estates acquisition act with effect from the date of vesting, namely, the 15th april, 1955. ..... situation, the government initiated a dialogue with the tea industry through the indian tea association for settlement of the ..... 's claim for deduction in the assessment year 1970-71 on the ground that the interest, though relating to the earlier year, actually accrued in this accounting year.21. ..... were raised as to the powers of the revenue officer to enhance .....