Court : Rajasthan
Reported in : 2000(2)WLN617
..... section 24 of the act clearly lays down that as and when there that dispute between the employees of the multi state cooperative society and the management of the cooperative society relating to constitution, management and business of the society, the matter shall be referred to the registrar under section 74(1) of the act. ..... division bench of this court has held that the dispute in relation to conditions of service does not come within the purview of constitution, management or business of the cooperative society and, therefore, the matter requires to be adjudicated by the industrial tribunal. ..... ratio laid down by the hon'ble supreme court 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. ..... observations have been made by the hon'ble supreme 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. ..... it is alleged that as per the ivth pay commission's report which was adopted by the board of directors of the bank, the senior most upper division clerk was entitled to special pay of ..... has been held that the term management will include a claim made by an employee of a co-operative society for wages. .....
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 : 1992WLN(UC)442
..... (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 ..... up any deficiency, arising in the assets of iffco, will be limited to the extent of the unsubscribed amount of the shares allocated to them.the general representative body of iffco will be composed of:(i) members of the board of directors;(ii) one representative from each member society, having share of the value of rupees one lac or more;(iii) one representative of every 200 cooperative societies in each state and union territory, but, the total ..... was held to be a body more or less similar to the council of scientific and industrial research (csir) death with in sabhajit tewari's case (supra) and institute of constitutional and parliament studies (icps) dealt with in tekraj vasandhi's case (supra), and was held ..... 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 ..... the chief minister of maharashtra state was the ex officio president and the minister for social welfare was the vice-president of .....
Tag this Judgment!Court : Rajasthan
Reported in : (1996)IILLJ347Raj; 1996(1)WLC418
..... 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 ..... are in respectful agreement with the view taken by the bombay high court in maharashtra general kamgar union v. ..... judgment and order passed by the learned single judge dated march 25, 1994 in respect of 1201 workmen holding that they were unlawfully retrenched and they were entitled to be paid by the company full back wages, is not disturbed and it is confirmed, it is directed that they shall be paid by the company full back wages and other consequential benefits as if their services were never terminated and they continued to be in service all throughout. ..... it was contended on behalf of the company that the matters were required to be placed before the single bench because after remand of the matters, no question regarding determination of constitutional validity of any provision of the statute, remained pending. ..... 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. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(2)Raj1642; 2006(3)WLC1
..... supreme court while interpreting the word 'includes' in definition 'industry' under section 2(j) of the industrial disputes act, 1947 in the case of the state of bombay and ors. v. ..... term 'condition of service', further followed the judgment of sardul singh (supra), and it was held that in the normal course what falls within the purview of the term 'condition of service' may be classified as salary or wages including subsistence allowance during suspension, the periodical increments, pay-scale, leave, provident fund, gratuity, confirmation, promotion seniority, tenure or termination of service, compulsory or premature retirement, superannuation, pension, changing the age of superannuation deputation ..... (1) the state government may regulate the recruitment and conditions of service, including conditions relating to qualifications, pay, gratuity, insurance, age of retirement, entitlement of leave, conduct and discipline, of persons appointed as employees of aided institution in the state.provided that the rights and benefits accruing to an employee of an existing institution under the grant-in-aid rules in force at the commencement of this act shall not be varied to the disadvantage of such employee:provided further that every such ..... said judgment has been held to be a good law by the majority view of the seven judges constitution bench of the supreme court in banglore water supply @ sewerage board v. a. ..... is a condition of service as held by the supreme court in state of maharashtra v. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj3214
..... court 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'. ..... 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 ..... allowing the writ petition filed as a public interest litigation while referring to the power of the municipal board to regularize such encroachments made the following observations:we are, therefore, of the considered view that the portions of the land which were falling in the midst of the road and with regard to which the board had been in litigation with the trespassers could not be considered as additional or surplus land so as ..... reason 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. ..... ecology is concerned pertains to a constitutional scheme comprising articles 14, 21, 48a and 51-a(g) of the constitution, the other factors are no less ..... delivered judgment in bombay dyeing and . .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1981Raj284
..... ), 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 ..... confronted with the above situation justice mehta, as he then was, has held that by virtue of article 141 of the constitution of india, principle laid down by their lordships of the supreme court is binding on this court and has to be followed, even though there may be a contrary decision of ..... any discussion, debate or dialogue on this branch of law because the founding fathers of the constitution never left any doubt about the weight to be given to the pronouncement of the supreme court ..... ' the principle laid down by their lordships of the supreme court, by virtue of article 141 of the constitution, is binding on this court and has to be followed, even though there may be a contrary decision of ..... with the case, it would not be out of place to observe that under the constitution of india, all citizens have a fundamental right to acquire, hold and dispose of their ..... 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 .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(3)WLC122; 2002(4)WLN92
..... (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 ..... 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 ..... fact, while the length of the queue continuously increased, the back-door entrants got the entry in service as daily wages employee and got the order of appointment on salary in the regular pay scale and ultimately the order of regularisation ..... 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 .....
Tag this Judgment!Court : Rajasthan
Reported in : [2002]126STC372(Raj); 2000(2)WLN509
..... . the question was whether the respondent-dealers were entitled under section 8 of the bombay sales tax act, 1959, to deduction from their turnover of such part thereof as related to resale of the batteries on the ground that the goods sold by them were the same goods as the goods purchased from the ..... kulkarni [1957] 8 stc 294 (mp) referred to above by distinguishing the case on the fact of the bheraghat mineral industries [1990] 79 stc 156 (mp) [app] which was in respect of commodity known as dolomite ..... it may be noticed that the decisions referred to by both the learned counsel relates to period prior to the coming into force of the new act of 1994 in the light of the old definition of 'manufacture' which was in pari materia in the states of maharashtra, madhya pradesh and rajasthan ..... . aggrieved by the aforesaid order, the assessee preferred an appeal before the rajasthan tax board which found after considering the factual aspect in the light of definition of 'manufacture' that the assessee is purchasing boulders or large size of stones as raw material under declaration in form no. ..... in this context each article which is used for different part of and different class of building activity is broadly and collectively expressed as 'building material', though each by itself constitutes a distinct commodity in trading field ..... stones in different sizes, dimensions and shape are identifiable as distinct commodity from each other amongst group of commodities which constitute building material .....
Tag this Judgment!Court : Rajasthan
Reported in : [1994]81CompCas50(Raj)
..... (2) where there has been under any scheme under this act an amalgamation of a sick industrial company with another company, the provisions of section 72a of the income-tax act, 1961 (43 of 1961), shall, subject to the modifications that the power of the central government under that section may be exercised by the board without any recommendation by the specified authority referred to in that section, apply in relation to such amalgamation as they apply in relation to the amalgamation of a company owning an industrial undertaking with another company. ..... section 15 makes provision for reference to the board as constituted under section 4 in respect of a sick industrial company by the board of directors of the company for determination of the measures which are required to be taken in respect of the company. ..... 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. .....
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