Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86e procedure before wage boards Court: karnataka Page 1 of about 276 results (0.135 seconds)

Bpl Ltd. Vs. Inter Modal Transport Technology Systems (Karnataka) Ltd.

Court : Karnataka

Reported in : [2001]43CLA228(Kar); ILR2001KAR5373

..... , that the board (bifr) may direct the sick industrial company not to dispose of, except with the consent of the board, any of its assets, during the period beginning with the recording of opinion by the bifr, for winding up of the company under section 20(1) and upto the commencement of the proceedings relating to the winding up before the concerned high court.17.3 section 32 of the sica, inter alia, provides that the provisions of that act shall have effect ..... sale by the secured creditor, during the pendency of winding up petition, without obtaining the permission of the company court and without associating the official liquidator will be void, vide decision of the bombay high court in maharashtra state financial corpn. ..... bifr has approved the sale, the question of company court re-examining the correctness of price or the procedure adopted for sale, or holding the sale to be invalid or ordering resale does not arise. ..... liquidator shall secure appropriate directions from the company court for fresh sale and comply with the procedure prescribed and complete the sale within two months. ..... 7 of 1998 contended that there were several procedural irregularities in the sale in favour of bpl resulting in realisation of a lesser price; and the learned company judge instead of setting aside the sale on that ground also, has wrongly held that the ..... 7 of 1998 contending that the procedure adopted by ksiidc inholding the sale in irregular and that has resulted in a sale at a price farless .....

A.K. Subbaiah Vs. Sri Ramakrishna Hegde and Others

Court : Karnataka

Reported in : AIR1994Kant35; ILR1993KAR2528; 1993(4)KarLJ205

..... 86b of the bombay industrial relations act, 1946 was said to be disqualified for being a member of the legislative assembly on the ground that he was holding an ..... a member of the wage board for sugar industry constituted by the government of maharashtra under s. ..... in chapter iv of part viii of the act is found section 146 which deals with the powers of election commission and lays down the procedure to be followed by the election commission in connection with tendering of any opinion to the ..... appreciation of evidence is entirely left to the president and it is not for the courts to hold that on the evidence placed before the president on which the conclusion is founded, if they were called upon to decide the case they would have reached some ..... the original respondent 3, who was the complainant before the governor and at whose instance the controversy saw the light of the day, to the appellate court, under sections 4 and 10 of the karnataka high court act, 1961.2. ..... so far as this question is concerned, we will have to see as to what was the evidence before the election commission which weighed with it when it gave its opinion and which has to be automatically converted into a decision by ..... shall be referred for the decision of the president and his' decision shall be final.article 103(2) provides that before giving any decision on any such question, the president shall obtain the opinion of the election commission and shall act according to such opinion.there is a parallel scheme in arts. .....

Sri Jayaram Vs. Agricultural Produce Marketing

Court : Karnataka

..... bhattacharji and others reported in (1999) 7 scc547while examining the deeming provision of section 3(25) of the bombay industrial relations act, 1946 by which deeming provision, the legislature treated deemed arrears of subscription for three calendar months or even more to be a sufficient disqualification for a person to be continued on the roll of membership ..... attracted, though looks attractive at first blush, it does not detain this court for too long to brush aside the same, inasmuch as, the expression used in clause (b) of sub-section (1) of section 17 of the act is not three consecutive ordinary meetings but it is more than three consecutive ordinary meetings , which would mean that a sitting member of the market committee would become liable to disqualified, ..... sathyanarayana singh r.b, learned additional government advocate appearing for second respondent has vehemently contended that before issuance of impugned order, notice as required under sub-section (2) of section 17 of the act was issued to the petitioner and despite receipt of said notice, petitioner has failed to appear and explain the circumstances under which he could not attend the meeting and as ..... he submits that even if board meeting which was proposed to be held on 07.10.2014 is also construed as a general meeting not attended by petitioner, even then, section 8 17(2) is not attracted, since petitioner had already submitted an application for leave and there being no reply from second respondent, leave is .....

Jyothi Home Industries Vs. State of Karnataka and anr.

Court : Karnataka

Reported in : ILR1986KAR3831; [1987]64STC208(Kar)

..... this results, in the first place, from the vast expansion of the national legislative power over private enterprise and industrial relations, through the independent regulatory agencies ........' * * * *'....... ..... for the same reasons on which we have held the notifications, on a proper construction, to be effective notwithstanding the fact that the benefit of section 6 of the general clauses act was not available, the liability to tax in respect of these items incurred prior to date of their omission could be enforced even after the date of their omission with respect to the earlier period. ..... by a recent amendment the legislature has built-in certain procedures for 'laying' the notifications issued under section 3(1) before the legislature. ..... the state, in addition to contending that 'omission' in this context does not carry with it the consequences attributed to it by the petitioners, has also brought out, said to be by way of abundant caution, an amendment to the karnataka general clauses act, 1899, by introducing clause (32)(a) in section 3 with retrospective effect from 1st november, 1956, to say that 'repeal' shall include 'deletion' and 'omission'. ..... state of bombay (now maharashtra) : 1978crilj1281 , devi dass gopal krishnan v. ..... , the tobacco board act, 1975, on the state power to legislate on the topic of 'markets and fairs' in entry 28 and entry 66, list ii, was considered. .....

M/S. Godrej Soaps Limited, Bombay Vs. State of Karnataka and Others

Court : Karnataka

Reported in : 1998(1)KarLJ247

..... the provisions of the bombay 'industrial relations act, 1946, chagla, c.j. ..... that respondent 3-narayanan, right from 1-10-1982, had been stationed at bombay itself and had been served with the order of termination of his service at bombay, merely because he had been entrusted with the duty of supervising sales in some part of karnataka would not render the dispute relating to termination of his service as a substantial dispute arising in the state of karnataka so as to enable the government of karnataka to make a reference under section 10(1)(c) of the industrial disputes act. ..... jurisdiction or if the subject-matter of the dispute substantially arises within jurisdiction'.in -our opinion, those principles are applicable for deciding which of the states has jurisdiction to make a reference under section 10 of the act'.applying the above principles to the facts of this case it is quite clear that the subject-matter of the dispute in this case substantially arose within the jurisdiction of the mysore government'.learned ..... the services of respondent 3 came to be terminated vide annexure-d dated 14-8-1985 which was passed at bombay and communicated at bombay- certain other factors relating to respondent 3 staying at bombay at the time annexure-d came to be served on him, need to be stated.respondent 3 had ..... petitioner, urges that the 'appropriate government' in the circumstances would be the government of maharashtra and not the government of karnataka for the purpose of making reference. .....

Godrej Soaps Limited, Bombay Vs. State of Karnataka and Others

Court : Karnataka

..... question under the provisions of the bombay industrial relations act, 1946, chagla, c.j. ..... fact that respondent 3-narayanan, right from october 1, 1982, had been stationed at bombay itself and had been served with the order of termination of his service at bombay, merely because he had been entrusted with the duty of supervising sales in some parts of karnataka would not render the dispute relating to termination of his service as a substantial dispute arising in the state of karnataka so as to enable the government of karnataka to make a reference under section 10(1)(c) of the industrial disputes act. ..... allowed and the order of reference at annexure-a dated november 13, 1987 made under section 10(1)(c) of the industrial disputes act is quashed. ..... the petitioner, urges that the 'appropriate government' in the circumstances would be the government of maharashtra and not the government of karnataka for the purpose of making reference. ..... by the order at annexure-a dated november 13, 1987, in exercise of the powers under section 10(1)(c) of the industrial disputes act, 1947, made a reference to the labour court, bangalore. ..... principles are applicable for deciding which of the states has jurisdiction to make a reference under section 10 of the act'. ..... a branch office nor administrative office in any part of state of karnataka; must really be the criteria to decide as to whether the government of karnataka would be the 'appropriate government' to make reference under section 10(1)(c) of the i.d. .....

A. Ram Mohan Vs. Labour Court, Bangalore and anr.

Court : Karnataka

Reported in : [1989(59)FLR1]; (1989)IILLJ179Kant

..... bombay industrial relations act, 1946 ..... learned counsel for the company, however, maintained that the order of termination was retrenchment as defined under section 2(oo) of the act and as the company had complied with the provisions of section 25f of the act, in that one month's salary in lieu of notice and 15 days' wages for every completed year of service had been paid to the employee, the termination of service was perfectly ..... 'work' are not intended to limit or narrow the amplitude of the definition of a 'workman' (before the 1982 amendment); on the other hand they indicate and emphasise the broad sweep of the definition which is designed to cover all manner of persons employed in an industry, irrespective of whether they are engaged in skilled work or unskilled work, manual work, supervisory work, ..... , technical or clerical work' are intended to limit to or narrow the amplitude of the definition of 'workman'; on the other hand they indicate and emphasise the board sweep of the definition which is designed to cover all manner of person employed in an industry, irrespective of whether they are engaged in skilled work or unskilled work, manual work, supervisory work, technical work or clerical work. ..... office of the company was situate at bombay and there was no regional office in bangalore, that is, in that state of karnataka, and, therefore, appropriate government which had the competence to make the reference was the government of maharashtra and not the karnataka government. .....

State of Karnataka Vs. Kasturi and Sons Ltd.

Court : Karnataka

Reported in : ILR2000KAR2995; [2000]120STC564(Kar)

..... section 5(3)(a) of the act provides that notwithstanding anything contained in sub-section (1), the tax under the act shall be levied in the case of sale of any of the goods mentioned in column (2) of the second schedule, by the first or the earliest successive dealers in the state, who is liable to tax under the said section, a tax at the rate specified in the corresponding entry of column (3) of the said schedule, on the taxable turnover of sales of such dealer in each year relating to such goods. ..... during the relevant year, entry 3 of part p of the second schedule to the act read as follows :'paper (all kinds) including carbon paper, blotting paper, waterproof paper, pvc coated paper, ferro paper, ammonia paper, stencil paper, but excluding photographic paper, pulp boards, art boards, duplex boards, triplex boards, card boards, corrugated boards and the like ; cellophane.'6. ..... in commissioner of sales tax, maharashtra state, bombay v. c. ..... feeling aggrieved by the said assessment order, the assessee filed an appeal before the joint commissioner of commercial taxes (appeals), bangalore city division-i, bangalore (hereinafter referred to as 'the first appellate authority'). ..... in this behalf, it may be relevant to refer to the following observations of the supreme court in bharat forge & press industries (p) ltd. v. .....

Confederation of Real Estate Developers' Association of India (Karnata ...

Court : Karnataka

..... (zzq) - to any person, by any other person, in relation to commercial or industrial construction; explanation: for the purposes of this sub-clause, the construction of a new building which is intended for sale, wholly or partly, by a builder or any person authorised by the builder before, during or after construction (except in cases for which no sum is received from or on behalf of the prospective buyer by the builder or the person authorised by the builder before grant of completion certificate by the authority competent to issue such certificate ..... that there is some element of service in the process of construction and sale of flats, the measure of tax could be only the service component and not the gross amount charged for the construction as per section 67 of the act; as the measure of tax is notional, in the sense the service component is not taken as the measure, the impugned provisions are unconstitutional. ..... writ petitions are filed under articles 226 and 227 of the constitution of india praying to declare that the provisions of finance act, 1994 as amended by finance act, 2010 introducing an explanation to section 65(105) (zzq) and 65(105) (zzzh) and a new entry(zzzzu) in section 65 (105) of the finance act 1994 is unconstitutional void and ultra vires and etc. ..... appearing for the respondents submitted that the impugned provisions are held to be constitutionally valid by a division bench of the bombay high court in maharashtra chamber of housing industry and another vs. .....

Chandra Spinning and Weaving Mills Ltd., Bangalore Vs. State of Mysore ...

Court : Karnataka

Reported in : ILR1964KAR826; (1964)IILLJ604Kant; (1964)1MysLJ569

..... on behalf of the state that in issuing the third notification the state government acted bona fide solely in the interest of fair play and justice as it had come to the conclusion that it was necessary that the mazdoor union should be heard before the disputes in question were adjudicated upon by the industrial tribunal and that it would be more convenient and in the interest of industrial peace and harmony to refer to the tribunal in a more comprehensive and consolidated ..... the other grounds adumbrated in the petition relate to the different items of dispute and the procedure followed by the tribunal in the adjudication of the ..... we are in respectful agreement with the view expressed by their lordships that while sub-section (4) limits the power of the appropriate court or tribunal to confine its adjudication to the points specified in the order of reference and to matters incidental to those points, sub-section (5) confers jurisdiction on the appropriate government to include in the reference any other establishment, group or class of establishments of a similar nature as may be interested in or affected by any such ..... attention was next drawn to a decision of the bombay high court in state of maharashtra v. ..... the substantial question before the high court was about the competency of the government to refer a dispute concerning wages, to adjudication by a tribunal under ..... of the act after there had been a fixation of minimum wages under the provisions of the minimum wages act, 1948. .....