Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 70 award by arbitrator Court: delhi Page 1 of about 55 results (0.139 seconds)

Delhi Transport Corporation Vs. Delhi Administration and ors.

Court : Delhi

Reported in : [1973(27)FLR363]; 1973LabIC1290; (1973)IILLJ307Del

..... the industrial court, maharashtra, : (1972)illj657sc , under the provisions of the bombay industrial relations act 1947 two pre-conditions were necessary (as also under the industrial disputes act, 1947 in the present case) before reference could be made to ..... of the power of the high court under articles 226-227 to question the formation of the opinion as to the fact of the existence of an 'industrial dispute' by the government under section 10(1) and the finding of the labour court that such a dispute existed prior to the conciliation proceedings and the reference? ..... by the government on a consideration of the report of the conciliation officer under section 12(5) of the industrial disputes act, 1947, the power of the government to make the reference is derived from section 10(1) of the said act which reads as follows:- 'wherethe appropriate government is of opinion that any industrial dispute exists or is apprehended, it may.. ..... ..... but directly goes to the conciliation officer then, even if the demand is made before the conciliation officer and is not acceeded to by the employer in the conciliation proceedings, it could not be said that an 'industrial dispute' within the meaning of section 2(k) of the industrial disputes, act, 194 7 existed between the workman and the employer. ..... (1) the award of the labour court (respondent 2) on a reference under section 10(1) of the industrial disputes act, 1947 made by the delhi administration (respondent no.1) directing the reinstatement of .....

Braham Parkash Vs. Govt. of Nct of Delhi and anr.

Court : Delhi

Reported in : 2008(2)SLJ96(Delhi)

..... of termination of his services at calcutta, as his services had been transferred to bombay, it was the establishment at bombay which had control over his services and thereforee notwithstanding the fact that he had been served with an order at calcutta, the situs of employment was in bombay thereforee he ought to have raised an industrial dispute relating to the termination of his services in bombay as the government of maharashtra was the appropriate government to make a reference of the dispute under section 10 of the industrial disputes act.13. ..... union of india, one of the factories of the respondent management being a highly polluting industry was directed to be closed down and the respondent management started its unit in neemrana, alwar, ..... stated above, it is held that there is no illegality, perversity or infirmity in the impugned award so as to warrant any interference with it by this court under article 226 of the constitution ..... submitted that the conclusions arrived at in the impugned award are misconceived and are based on wrong appreciation of facts ..... present writ petition, the petitioner workman has challenged an award dated 7th april, 2007 passed by the labour court ..... having gone through the impugned award, this court finds no irregularity ..... a perusal of the impugned award shows that the labour court took into consideration the deposition of the petitioner workman as also the evidence tendered by him by way of an affidavit wherein he had stated that when he reached the .....

Ravi N. Tikoo Vs. Deputy Commissioner (S.W.) and ors.

Court : Delhi

Reported in : 128(2006)DLT267; [2006(109)FLR955]; 2006(3)SLJ118(Delhi)

..... the respondent no.5 which were unsupported by any other oral or documentary evidence, the labour court held that the services of the workman shri bhaggu lal were terminated by the management in violation of the provisions of industrial disputes act, 1947, hence directed the management to reinstate him with full back wages.it is necessary to notice that the only documents placed on record before the labour court by the respondent no.5 were his complaints to the ..... principles laid down were expanded by judicial pronouncement after a statutory amendment whereby the words 'where the appropriate government is of the opinion' were incorporated into section 10 of the industrial disputes act, 1947.reference in this regard can be had to the judgments reported at : (1989)iillj558sc bank of maharashtra and anr. v. ..... so far as the objections to the maintainability of the present petition on the ground that the petitioner had filed an application for setting aside the ex parte award is concerned, the reasons for filing the same and its withdrawal have been stated before this court in the writ petition itself and a copy of the order withdrawing the proceedings has been filed ..... question which arises for consideration in the present case relates to the necessary conditions which are precedent to the making of an order of reference under section 10(1)(c) of the industrial disputes act, 1947. ..... malviya; : (1964)illj351sc bombay union of journalists v. ..... state of bombay : (1985)iillj187sc ram avtar .....

Nirmal Steel Tubes (i) Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1995)LC61Tri(Delhi)

..... the like against any of the properties of the industrial company or for the appointment of a receiver in respect ..... . (1) where in respect of an industrial company, an inquiry under section 16 is pending or any scheme referred to under section 17 is under preparation or consideration 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 ..... state industrial and investment corporation of maharashtra limited, 1993 air scw 991 that the creditor of the sick undertaking had to obtain the consent of bifr to proceed against the industrial concern, are of no relevancy for the purposes of section 35f of the act ..... ., bombay vide stay order .....

Samsonite Corporation Vs. Vijay Sales

Court : Delhi

Reported in : 73(1998)DLT732

..... for hire, or offered for sale or hire, the design in question was excluded from registration under the act of 1949 by rules made under subsection (4) of section one of that act (which relates to the exclusion of designs for articles which are primarily literary or artistic in character); and for the purposes of any proceedings under this act a design shall be conclusively presumed to have been so excluded if- (a) before the commencement of those proceedings ..... to the public; (iii) to issue copies of the work to the public not being copies already in circulation; (iv) to include the work in any cinematograph film; (v) to make any adaptation of the work; (vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub-clauses (i) to (iv); (d) in the case of a cinematograph film,- (i) to make a copy of the film including a photograph of any image forming part thereof; (ii) to sell or give on hire or ..... .for the purpose of appreciating this position, provisions of the prevention of corruption act, 1947, the indian evidence act, assam agriculture income tax act, 1939, income tax act, 1922, industrial development and regulation act, 1951 and the textiles committee act, 1963, the indian tariff act, 1934 and the imports & exports act, 1937 as they form part of the import control scheme of the government ..... bombay vs state of maharashtra ..... 1862, 1883, 1907, 1911, 1919, 1928, 1932, 1942, 1946, 1947, 1949, 1956, 1968, 1985 and 1988 legislations were brought .....

Sh. Massod Ahmed Khan and Others Vs. Hamdard Dawakhana (Wakf)/Hamdard ...

Court : Delhi

..... argued that the judgment supra though relating to hamdard but qua the employees provident fund and miscellaneous provisions act, 1952 is also not relevant since the test applied therein is that provided under section 7a of that act and which has no relevance here. ..... of history of medicine and medical research (institute) and finding the petitioners to be entitled only to compensation as provided under section 25f of the industrial disputes act, 1947 minus the amount already received. ..... record that the said judgment does not notice the earlier judgment of the bombay high court in maharashtra general kamgar union (supra). ..... the challenge by the petitioners to the award aforesaid is on the ground that the industrial adjudicator erred in holding the hrc nursing home and the other establishments aforesaid to be ..... the six petitioners impugn the award dated 13th july, 1989 of the industrial adjudicator on the following reference- whether the services of shri masood ahmad, shakeel ahmad, bashir ahmad, salar ..... exercising power, not of appeal but of judicial review over the award of the industrial adjudicator. ..... the industrial adjudicator in the impugned award has found/observed/held - (i) that each of the petitioners had applied for and received gratuity on the premise of the closure of hrc nursing home; though they claimed to have received the ..... now in this petition have to establish that the industrial adjudicator has ignored the relevant evidence in this regard, in rendering the award. .....

Duncan International (India) Ltd. and anr. Vs. Appellate Authority for ...

Court : Delhi

Reported in : [2003]115CompCas237(Delhi); 86(2000)DLT698; 2000(54)DRJ836

..... section 1 also, the act applies to all scheduled industries other than schedule industry relating to ships and other vessels drawn by power, preamble of the act also says that it is an act dealing with special provisions with a view to securing timely detection of sick and potentially sick companies owing industrial ..... which need to be taken with respect to such companies and the expeditious enforcement of the measures so determined and for matters connected therewith or incidental thereto. 13. sick industrial company has been defined in the act in clause (o) of sub-section (1) of section 3 to mean an industrial company (being a company registered for not less than five years), which has at the end of any financial year accumulated losses equal to or exceeding its entire net ..... the preventive,ameliorative, remedial and other measures which need to be taken with respect to such companies and the expeditious enforcement legal proceedings contained in section 22(1) seeks to advance the object of the act by ensuring that a proceeding having an effect on the working or the finances of a sick industrial company shall not be instituted or continued during the period the matter is under consideration before the board of the appellate authority or a sanctioned ..... bombay high court in maharashtra state financial corporation, ..... conflict, a state law may be inoperative because the commonwealth law, or the award of the commonwealth court, is intended to be a complete exhaustive code, and .....

Ajit Gogna vs.jitender Gogna & Ors

Court : Delhi

..... commissioner of income tax (cib) (2014) 14 scc352 after considering the definition of inquiry in various dictionaries and encyclopedia, in relation to section 133(6) of the income tax act, 1961 holding that the inquiry therein pertained in relation to such points or matters which the assessing authority issuing notice requires and information of general nature can be called for inquiring names and address of depositors who held deposits above a particular sum was permissible; (ii) ..... jayawant 2010 scc online bom 481 to have in the context of section 47 of the bombay public trusts act, 1950 held, that inquiry is something short of a trial and the only requirement is to hear both the parties ..... though in the matter of mofussil pleadings, such laxity in the pleadings may be tolerated but not on the original side of the bombay high court, pleadings wherein are drafted by trained lawyers bestowing serious thought with precision. ..... pratap soni 2006 (128) dlt410 it is argued that in a suit for partition, as the present one is, no mesne profits, as under rule 12 of order xx of the code of civil procedure, 1908 (cpc) are to be awarded and only accounts can be gone into, as provided under rule 18 of order xx. ..... state of maharashtra air1978bom 200 (db) to have held that the meaning of the word inquiry used in any statute is to be understood in the context of that given statute; (vi) ..... saraswati industrial syndicate ..... cepco industries pvt ..... industrial trade links air2017sc3995 it was held in badat & .....

National Textile Corporation Ltd Vs. Union of India and Anrq

Court : Delhi

..... arising out of the loans advanced by the central or the state government; suffice it is to state that the loans advanced by the banks including the nationalised banks do not find mention in subsection (2); section 5(3)(b) further provides that no award, decree or order of any court in relation to any textile undertaking, passed after 1st april, 1994 in respect of any matter, claim or dispute which arose before 1st april, 1994, shall be enforceable against the central government or the appellant ..... arbitration proceedings deprived the appellant from access to the ordinary courts of the land; g) that the claim of uco bank related to pre-takeover dues and which as per the act aforesaid was not the liability of the appellant; h) that the uco bank had already approached and obtained the amount due to it for the post-takeover period from the commissioner of payments under the said act; and, i) that the appellant was a sick industrial ..... city & industrial development corporation maharashtra ltd. ..... joshi marg, bombay (hereinafter called the textile undertaking) stood transferred and vested absolutely in the central government and by virtue of section 3(2) of the said act, the said textile undertaking which had so vested in the central government, stood transferred to and vested in the appellant; (ii) that the earlier owner company had availed of financial accommodation from the respondent uco bank; ( .....

Aarkeyess Imports Corporation Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1988)(17)LC52Tri(Delhi)

..... the high court did not agree with the test of "principal and primary use" evolved by the maharashtra high court or that of "exclusive use" evolved by the madhya pradesh high court or that of "general use" evolved by the mysore high court but came to the conclusion; "whenever, therefore, a question arises whether a tractor in a given case is an agricultural machinery or an industrial machinery or machinery of any other type, the question must necessarily be answered by reference to its design ..... in the sales tax reference matter before the gujarat high court, there were 2 competing entries - entry 12 relating to agricultural machinery and entry 22 which was a residuary entry. ..... further, note 1 (k) to section xvi of the import schedule to the customs tariff act, 1975, which is equally applicable to the itc schedule by virtue of the note at the beginning of the itc schedule, excluded vehicles from the scope of chapter 84 of the itc schedule and put them instead in chapter 87 ..... the reliance of the learned representative of the department on the bombay high court judgment -1987 (31) e.lt 356 (bom. ..... -missioner of sales tax in which it was held that massey ferguson farm tractor was an "agricultural machinery" within the meaning of entry 12 of schedule c of the bombay sales tax act, 1959. ..... in paragraph 20 of this judgment the bombay high court had held that "a clearance offer" was not the sole consideration for the sale and it could not represent the normal price in the course of international .....