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Mangalore Ganesh Beedi Works and ors. Vs. Union of India (Uoi) and ors ...

Court : Supreme Court of India

Reported in : AIR1974SC1832; [1974(28)FLR177]; 1974LabIC1237; (1974)ILLJ367SC; (1974)4SCC43; [1974]3SCR221

..... to illustrate section 28 of the act extends benefits of the payment of wages act to industrial premises, section 31 of the act provides for security of service, section 37 of the act extends the benefit of industrial standing orders act, 1946. ..... rule 27 of the mysore rules as well as rule 27 of the kerala rules provide that a dispute between an employer and employee or employees in relation to rejection by the employer of beedi or cigar or the payment of wages for the beedi or cigar rejected by the employer may be referred in writing by the employer or employee to the inspector for the area. ..... it was secondly said that section 27 of the act did not prescribe the minimum number of days an employee should work before he was entitled to annual leave wages. ..... the state of maharashtra and the union of india appeals against the judgments of the bombay high court and the andhra pradesh high court being civil appeals nos. ..... on behalf of the petitioners and the appellants, it is said that section 26 of the act gives substantive rights with regard to leave and section 27 of the act is the procedural part in computing wages. ..... the home workers to work in their homes being that the work of rolling beedies is light work, which men and women can do in their homes during their spare hours, the provision of the maternity benefits act regarding women not being allowed to do arduous labour for a certain period before delivery and after delivery is not apparent. .....

Tata Power Company Limited Vs. Reliance Energy Limited and ors.

Court : Supreme Court of India

Reported in : 2008LC(SC)527; 2008(9)SCALE824; (2008)10SCC321

..... the genesis of these three appeals is a petition filed by m/s bses limited on 23.7.2002 before the maharashtra electricity regulatory commission (hereinafter referred to as 'merc'), under section 22(2)(e) and (n) of the electricity regulatory commissions act, 1998 (hereinafter referred to as 'the erc act'), complaining of alleged encroachment by tata power company limited (hereinafter referred to as 'tpc') within its area of supply ..... public that areas of supply under the licences granted to tata power had been extended as indicated hereinbefore so as to include the whole of that portion of the island of salsette as bounded on the south by the town and island of bombay and on the north by the bassein and thana creeks and the area contained within a circle of 8 miles radius around the tata power company's sub-station near kalyan, subject, however, to the proviso ..... . the appellate tribunal also overlooked the order passed by the industries energy and labour department of the government of maharashtra on 7.12.1978, whereby from 1.7.1980 tata power was required to transfer to the maharashtra state electricity board its distribution rights under the 1907 licence and assets pertaining thereto as set out in part 2 of the annexure to the said ..... . the tribunal also overlooked the fact that by virtue of the aforesaid arrangements, clause 6 of the 1907 licence relating to 'purpose of supply' was also amended to bring it in parity with the amendments to the first annexure to the 1919 and 1921 .....

J. Venkatesh Reddy and Others Vs. The State of Karnataka, Represented ...

Court : Karnataka

..... the board, as enumerated in section 13 of the act are all in relation to the development and growth of industries and industrial areas. ..... which parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the concurrent list, then, subject to the provisions of clause (2), the law made by parliament, whether passed before or after the law made by the legislature of such state, or, as the case may be, the existing law, shall prevail and the law made by the legislature of the state shall, to the extent of the repugnancy, be void. ..... in hanumanrao's case, the high court bombay, while holding that the provisions of the 2013 act would be wholly inapplicable to the maharashtra regional and town country planning act, 1966 on this score, observed as ..... further relevant to note that the procedure to be adopted in determining the compensation, the enquiry and the award, provisions of the 1894 act are to be applied mutatis mutandis ..... later statute again describes an offence created by a previous one, and imposes a different punishment or varies the procedure, earlier statute is repealed by the later statute". ..... , where the central law declares an act or omission lawful while the state law says them unlawful or prescribes irreconcilable penalties/punishments of different kinds, degree or variation in procedure, etc. ..... both prescribe punishment for the same offence, but the punishment differs in degree or kind or in the procedure prescribed. .....

J Venkatesh Reddy Vs. The State of Karnataka

Court : Karnataka

..... . the functions of the board, as enumerated in section 13 of the act are all in relation to the development and growth of industries and industrial areas ..... law made by parliament which parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the concurrent list, then, subject to the provisions of clause (2), the law made by parliament, whether passed before or after the law made by the legislature of such state, or, as the case may be, the existing law, shall prevail and the law made by the legislature of the state shall, to the extent of the repugnancy, be void ..... . in hanumanrao s case, the high court bombay, while holding that the provisions of the 2013 act would be wholly inapplicable to the maharashtra regional and town country planning act, 1966 on this score, observed as follows- 11 ..... . it is further relevant to note that the procedure to be adopted in determining the compensation, the enquiry and the award, provisions of the 1894 act are to be applied mutatis mutandis ..... . for example, where both prescribe punishment for the same offence, but the punishment differs in degree or kind or in the procedure prescribed .....

Karan Dileep Nevatia Vs. the Union of India (Uoi) Through the Commerce ...

Court : Mumbai

Reported in : 2010(112)BomLR127; 2010(172)LC1(Bombay)

..... state of maharashtra had legislative competence to issue the impugned notifications / rules (entry 8 of list ii of the viith schedule pertaining to intoxicating liquors and entry 51 thereof pertaining to excise duty, sections 139(1)(d-1) and 143(2)(b) of the bombay prohibition act, 1949) ..... kotwal also drew our attention to the following paragraph of the judgment of the supreme court in kesoram industries limited's case (supra).para 264 ...india is a signatory to various international treaties and covenants and being a party to wto and gatt, it is ..... consultations which are underway are under the 'understanding on rules and procedures governing the settlement of disputes' (for short, 'the dispute settlement ..... the need to evolve and adopt transparent criteria to be applied across the board so as to minimize the scope for subjective approach and therefore came forward ..... were seeking a writ of mandamus restraining the union of india and others from entering into final treaty relating to dunkel proposals without obtaining sanction of parliament and state legislatures. ..... , bye-law or other instrument] which before the commencement of the constitution had the force of law in any province of india or part thereof, or thereafter has the force of law in any part a state or part c state or part thereafter, but does not include any act of parliament of the united kingdom or any order in council, rule or other instrument made under such act.therefore, the argument that the impugned notifications .....

Minerva Mills Ltd. Vs. Govt. of Maharashtra

Court : Mumbai

Reported in : [1975]45CompCas1(Bom)

..... it is important to bear in mind that the special resolution for the transfer of the registered office in the present case was passed long before the notification under section 18-a of the industries (development and regulation) act, 1951, was passed in respect of the company on the 19th of october, 1971. ..... which, after considering the scheme of the industries (development and regulation) act, 1951, it was stated that, although the companies act continued to apply to an undertaking the management of which was taken over under the former act, the conditions and limitations with which the operation of the companies act was circumscribed were so numerous and drastic as to make the provisions of sub-section (2) of section 18e that the companies act would continue to apply 'more or less chimerical ..... for the transfer to its registered office from the state of west bengal to the state of maharashtra on the grounds that its head office had already been transferred to bombay as far back as the year 1962, that the registered offices of most of foreign film companies were situated in bombay, that there was better scope in bombay for expansion of the company's business, and that it was in the interest of the shareholders ..... the present petition for the confirmation of the court that is required under sub-section (2) of section 17 of the companies act, 1956, to the alternation of the memorandum relating to the shifting of its registered office from the state of maharashtra to the state of mysore. .....

Chhotabhai Purushottam Patel, Beedi Manufacturers of Bhandara and ors. ...

Court : Mumbai

Reported in : (1972)ILLJ130Bom

..... this type is made referable to the labour officer notified under the bombay industrial relations act, 1946, of the local area in which the industrial premises is situated. ..... the legislature has done now under this act is to extend the provisions of the industrial employment (standing orders) act, 1946 to the entire beedi industry, whether the employees are more than ..... that is because the industrial employment (standing orders) act, 1946, would hereafter be applicable to all industrial premises and at least so far as industrial premises are concerned, there would now be definite hours of work and an obligation to take work for a certain number of hours and to give work for those ..... the learned assistant government pleader made available to us a report of the minimum wages committee appointed by the government of maharashtra for inquiring into the conditions of employment in any tobacco manufactory including beedi-making. ..... before their lordship by the counsel for the state that each day on which pandurang worked, whatever be the period of time that he worked, would count as one day of work for the purposes of this section ..... a further procedure is then laid down, according to which the amendments will be either accepted or rejected, and in case they are accepted the amended standing ..... remedies available to the employee for getting his grievance redressed, where he wants to complain that he is discharged, dismissed or retrenched without a proper cause or without following the proper procedure. .....

Maharashtra State Road Transport Corporation, Nagpur Vs. Madhukar Nara ...

Court : Mumbai

Reported in : (1969)71BOMLR713; (1969)IILLJ619Bom; 1969MhLJ171

..... of the servant was not the authority which could issue such an order and it was found also as a further fact that the board which could issue the order of termination could not be said to have delegated the power to the authority, firstly because the board itself had ceased to be in existence before the order was passed and the order was passed by an authority which had come into existence as a result of stature. ..... that section, every employer, in respect of any industry to which this act has been made applicable under sub-section (3) ..... of the reorganization of states, the provincial transport services operating in the vidarbha region which became a part, firstly of the new state of bombay, and then of the state of maharashtra, continued to be operation by the same organization. ..... have treated the order bad because they treated it as an order of dismissal and then went on to say that the procedure required to be followed before passing an order of dismissal, namely, taking into consideration the aggravating or extenuating circumstances under para. ..... 8, 16, 17, 18, 30, 33, 34 and 35 at the first instance, the worker may be fined in accordance with the provisions of the payment of wages act or may be alternatively given a censure or warning notice, but the offence if repeated twice the manager may dismiss the worker for such offence and repetition ..... paragraph 9 of the order made provision relating to the employees of the provincial transport services (under government ownership) and the .....

Bombay Metropolitan Transport Corporation Ltd. Vs. Employees of Bmtc ( ...

Court : Mumbai

Reported in : [1990]69CompCas465(Bom)

..... section 25-o of the industrial disputes act were made workers served with notices of termination, writ petitions filed and when all those attempts failed, the resolution was got passed by the shareholders who are all nominees of cidco and/or the government of maharashtra ..... as the said corporation was the only establishment holding permit to ply buses for the general public in new bombay area and as the petitioners buses were deteriorating and lying unattended to, an offer was made to 'msrtc' ..... insolvency as this aspect has already been considered and decided upon by the industrial court and the division bench of our high court ; (c) that the losses for al;l these years were due to causes extraneous to business considerations; (d) that no material or facts had been placed before the court to show why the business could not be restarted and/or ..... writ petition by this hon'ble court as aforesaid, its board of directors reviewed the entire position in detail for the purpose of reviving, if possible, the under taking of the company in deference to the orders of the hon'ble industrial court and this hon'ble court and the board of directors found that it would among other things need ..... the corporation are of public importance and closely related to governmental functions, it would be a ..... section 445(3), which is merely a procedural provision ..... asset, to realise an adequate sum necessary to pay whatever is due to its workmen by way of gratuity, retrenchment compensation and outstanding wages, if any. .....

Chandrakanth Shridhar Deshpande Vs. Govt. of Maharashtra and Another

Court : Mumbai

Reported in : 1990(1)BomCR17; (1991)IILLJ1Bom

..... sarin's case (supra) rule 1730 of the railway establishment code vol 1, which prescribed procedure for holding a departmental enquiry said nothing in relation to the engagement of a lawyer and in regard to the provisions therein it was held that under the rule the appellant was not entitled to the services of ..... there is nothing in the return filed by the respondents to show that the petitioner was familiar with the procedure for holding departmental enquiries when shri tikare who held the high post of the principal, prison officers' training school, had distinguished record of service in the department and was also ..... tikare, principal police officers' training school, pune who was well versed in law and procedure and was an experience person so far as field of law was concerned, but the petitioner was not allowed to be represented by a lawyer and his requests to that effect in the two letters written to the ..... considering the expression 'legal practitioner' in regulation 26(5) of the khadi and village industries commission employees (conduct discipline and appeal) regulations, 1961 observed in venkatraman v. ..... that this was in contravention of rule 8(8) of the maharashtra civil service (discipline and appeal) rules, 1975. ..... practitioner' came to be construed with reference to regulation 12(8) of the bombay port trust employees' regulations, 1976 by the supreme court in board of trustees of the port of bombay v. ..... situation he cannot be expected to act calmly and with deliberation. .....