Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86b constitution of wage board Court: kolkata Page 1 of about 2 results (0.035 seconds)

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

Court : Kolkata

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

..... that since the dispute relating to the proposed shifting of the jute mill from narkeldanga to birlapur is not connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person, such a dispute cannot constitute an industrial dispute as defined under section 2(k) of the said act.9. ..... ...it is true 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 ..... if it is found on the face of the order of reference that the reference has no relation to an industrial dispute then this court, sitting in its constitutional writ jurisdiction, can certainly nip the bud at the initial stage as the reference is without ..... state of maharashtra (supra) cited ..... bandopadhyay relied upon a decision of the bombay high court in the case of harish bijoy kumar khaitan and anr ..... (d) the west bengal pollution control board has recently served notice to industries within the metropolitan area, making it mandatory for them to switch over from coal fired boilers to oil fired ones for its requirement ..... productivity linked wages means wages based on productivity ..... out that the workmen are getting productivity linked wages for their services. .....

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. ..... we have carefully considered the submissions made on behalf of the respective parties and the law regarding jurisdiction which has been considered in various cases both from the view point of the industrial disputes act and the constitution of india. ..... mitra, umasankar chatterjee's case was one under article 226 of the constitution and clause (ii) of article 226 was under consideration in the said case. ..... cause of action is basically a concept within the meaning of the code of civil procedure as also article 226 of the constitution of india. .....

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

Court : Kolkata

Reported in : (2010)ILLJ496Cal

..... 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. ..... this extent, which goes to the jurisdiction field also, as learned tribunal did not consider the settled legal position, which is law of the land under article 141 of the constitution of india that a workman due to long continuous service without being an appointee in legal way following the rules and without any post at all, but on casual basis only, ..... in the fci deport in the year june, 1991 and the management, though there was no scope for engagement, had agreed to engage them as casual workers on daily wages basis in an emergency and to avoid dislocation of public distribution system at the godown and railway distribution system at the godown and railway siding for doing the work of....the ..... 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. ..... -(1) every report of a board or court together with any minute of dissent recorded therewith, every arbitration award and every award of a labour court, tribunal or national tribunal shall, ..... 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 ..... 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 the arts and comforts of life, and ..... december 7, 1967 a managing committee of the gour milk union was constituted by an order dated december 7, 1981 issued by the registrar of co-operative societies with nine members development board, managing director of the west bengal co-operative milk producers' federation ltd. ..... (supra) the supreme court was considering an award of an arbitrator made under section 10a of the industrial disputes act. ..... 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 ..... of maharashtra and .....

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

Court : Kolkata

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

..... noticed at paragraphs 61 to 64 of the report that the secured creditors who come for dividend to the company court relinquish their security in accordance with the insolvency rules referred to in section 529 of the companies act and the secured creditors who opt to stand outside the winding up can claim priority over all other creditors for release of the amounts realised out of the sale proceeds.21. ..... 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 ..... 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 ..... 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. ..... the respondent then relied upon certain observations in a recent case in industrial credit and investment corporation of india ltd. v. ..... (see: here facts in industrial credit and investment corporation of india ..... , rendered on july 5, 2002 [in the matter of: reliance ispat industries ltd. .....

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

Court : Kolkata

..... the supreme court in the said decision further held as follows:- if both the legislations are relatable to list iii of the seventh schedule to the constitution, the test for repugnancy is whether the two legislations exercise their power over the same subject-matter ..... (c) in the letter dated 21st june 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. ..... corporation limited (hereinafter referred to as wbidc) after acquisition for facilitating of setting up of small car project by tata motors limited (hereinafter referred to as tml) and factories or industries ancillary thereto for socio-economic development and generation of employment and immediately after such transfer, the wbidc without charging any premium has granted a lease of 647 acres of land at an annual rent in favour of the ..... he further submitted that principles laid down in the decision of munshi singh case (supra) and mp housing board case is still good law and has not been diluted as has been alleged by state. ..... state of maharashtra reported in (1977) 2 scc 670 where the court held as follows:- para57 ..... state of maharashtra reported in (1977) 2 scc 670; bengal electric lamp works ltd vs ..... state of maharashtra, allahabad development authority v .....

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

Court : Kolkata

..... the supreme court in the said decision further held as follows:-if both the legislations are relatable to list iii of the seventh schedule to the constitution, the test for repugnancy is whether the two legislations exercise their power over the same subject-matter ..... (c) in the letter dated 21st june 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. ..... corporation limited (hereinafter referred to as wbidc) after acquisition for facilitating of setting up of small car project by tata motors limited (hereinafter referred to as tml) and factories or industries ancillary thereto for socio-economic development and generation of employment and immediately after such transfer, the wbidc without charging any premium has granted a lease of 647 acres of land at an annual rent in favour of the ..... he further submitted that principles laid down in the decision of munshi singh case (supra) and mp housing board case is still good law and has not been diluted as has been alleged by state.110. ..... state of maharashtra reported in (1977) 2 scc 670 where the court held as follows:-para 57 ..... state of maharashtra reported in (1977) 2 scc 670; bengal electric lamp works ltd vs ..... state of maharashtra, allahabad development authority v .....

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

Court : Kolkata

..... 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 ..... be aptly quoted hereunder: on the basis of the decisions cited it appears that the court in exercise of its jurisdiction under article 226 of the constitution will interfere with a show cause notice in the following circumstances: (1)when the show cause notice ex facie or on the basis of admitted facts does ..... 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. ..... 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 ..... consulting engineering and had referred to the circular dated 18th december, 2002 bearing no.49/11/2002-st issued by the central board of excise and customs.new delhi but then relied upon a decision of daliem industries co. .....

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

Court : Kolkata

Reported in : [1991]187ITR657(Cal)

..... 1980]121itr920(bom) , the bombay high court was concerned with the determination of income under the maharashtra agricultural income-tax act, 1962. ..... 1986]162itr622(bom) , one of the issues raised for consideration before the bombay high court related to the assessee's claim for deduction of rs. ..... , 1971, the representatives of your association had met the then minister for land and land revenue department and the member, board of revenue, when the following formula was considered : (a) the rent, as determined under section 42(2) will be realised from the date of vesting, i.e. ..... this situation, the government initiated a dialogue with the tea industry through the indian tea association for settlement of the matter. ..... upheld the assessee'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. ..... although it was a statutory liability relating to the earlier years. ..... its liability to pay provident fund contribution relating to the earlier years. ..... ]53itr134(sc) , held that the assessee was entitled to claim deduction in respect of the liability in question in the previous year relevant to the assessment year 1968-69 since it was settled only in that year although it related to the year 1964-65. ..... 666 as business expenditure relating to the assessment year ..... tax officer and the appellate assistant commissioner disallowed the claim on the ground that the contribution related to earlier years. .....

Bengal Peerless Housing Development Co. Ltd. Vs. Urmila Roy and ors.

Court : Kolkata

Reported in : 2007(3)CHN640

..... development company limited for execution of the housing project by the state government and the west bengal housing board is absolutely valid and legal in the eye of law, and the said joint sector company has been incorporated in public interest and for a public purpose.referring to the notifications issued under sections 4, 6 and 9 of the act 1 of 1894, learned standing counsel submits that the land mentioned in those notifications is needed by the government ..... in other words, the reservations in favour of hill areas and uttaranchal areas are understood and treated as reservations relatable to article 15(1) of the constitution and not as reservations in favour of ''socially and educationally backward classes of citizens or for the scheduled castes and scheduled tribes' within the meaning of article 15(4) of the constitution. ..... incidentally, the decision last noted was also on land acquisition and requisition under the maharashtra regional and town planning act, 1966 and in para 29 of the report this court observed: (scc p. ..... in ultimate analysis, what is considered to be an acquisition for facilitating the setting up of an industry in the private sector could get imbued with the character of public purpose acquisition if only the government comes forward to sanction the payment of a nominal sum towards compensation ..... and municipal corporation of greater bombay v. ..... similar is the view in an earlier decision of this court in the case of municipal corporation of greater bombay v. .....