Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86e procedure before wage boards Page 60 of about 641 results (0.182 seconds)

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

..... act, 1961 (43 of 1961) and the director or the other office so authorised by him, as the case may be, shall be deemed to be an officer under sub-rule (e) of rule 1 of that schedule: provided that no such order of attachment shall be made unless, in relation to the scheduled offence, a report has been forwarded to a magistrate under section 173 of the code of criminal procedure, 1973 (2 of 1974), or a complaint has been filed by a person authorised to investigate the offence mentioned in the schedule, before ..... issues were debated threadbare in the united nation convention against illicit 232 traffic in narcotic drugs and psychotropic substances, basle statement of principles enunciated in 1989, the fatf established at the summit of seven major industrial nations held in paris from 14th to 16th july, 1989, the political declaration and noble programme of action adopted by united nations general assembly vide its resolution no.s-17/2 of 23.2.1990, the united nations ..... reference is also made to the decision of the bombay high court, wherein the maharashtra police was asked to provide a copy of the police manual ..... act, 1946 (31 of 1946) section description of offence 14 penalty for contravention of provisions of the ..... the uapa and securities and exchange board of india act, 1992117 is taken to buttress that while under the predicate offence, attachment can take place only after the conviction, section 5 of the pmla enables attachment ..... 121 waging or attempting to wage war or abetting .....

Maharashtra Power Development Vs. Dabhol Power Company and ors.

Court : Company Law Board CLB

Reported in : (2003)117CompCas467

..... the central government has not filed any petition under section 401 before the company law board on the ground that the other three shareholders are acting against public interest when the board decided to prosecute the arbitration proceedings arising out of contractual rights. ..... the pending arbitration proceedings against gom and goi, for contesting an action in usa filed by certain contractors against the company and for appointing a suitable person for compliance of statutory requirements.the board had also authorized appealing against the oral order of the bombay high court, as and when received that the maharashtra electricity regulatory commission would alone have the powers to adjudicate the disputes between the company and mseb. ..... kanssen (1946 ac 459) that appointment of directors cannot override the substantive provision in the article relating to such appointments. ..... in november, 2001 the arbitration tribunal gave procedural instructions and the same was not opposed by the petitioner. ..... they cited the case of madhu woolen industries p ltd to the proposition that a petitioner filed for an improper motive deserves to be dismissed and cited the cases of palghat exports p ltd and vm rao (supra) to the proposition that only shareholders rights can be agitated in a petition under section 397. .....

A-z (industrial) Premises Vs. Competent Authority, Iac

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1985)12ITD451(Mum.)

..... sale, management and transfer) act, 1963, and in pursuance of which, its objects shall be : (a) to obtain an assignment of title in the land and building, referred to above, from promoter, shri nathumal mengraj virwani, and to receive all documents of title relating to the property which may be in his possession or power, as required by section 11 of the maharashtra ownership flats (regulation of the promotion of construction, sale, management and transfer) act (regulation of the promotion ..... whether the society had understated the consideration for the purpose of the conveyance deed.further, the learned counsel has submitted that the dvo has proceeded to value the entire industrial estate by merely measuring the outer dimension of the property taking the entire plinth area into consideration, whereas the units were sold by the lessee, i.e. ..... , who had formed themselves into a cooperative society, assigned, transferred and assured to the society all that leasehold piece and parcel of land, together with the structures standing thereon known as a-z (industrial) premises co-operative society, together with the benefits of the covenant contained in the deed of lease executed by amrut banaspati co.ltd. ..... agreements with several parties ('the unit-holders'), for the sale to them of the different industrial units on the terms and conditions contained in the respective agreements, with the said unit-holders ..... a very similar case had come up before the bombay high court in the case of amarchand .....

M. B. Chemicals Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

..... court observed as follows : "having regard, therefore, to the underlying purpose of the issue of these notifications and that purpose being linked to that set out in the central act relating to the levy of additional excise duty, the state must necessarily have intended that exemption should cover sugar candy as well, and this is so, even apart from the question ..... learned counsel, the authorities below have made illogical application of the decision of maharashtra sales-tax tribunal in the case of industrial mineral and chemicals vs.state of maharashtra (supra) wherein it had been decided that the activity of conversion of the ..... act, 1944' in schedule a to the bombay st act, 1946. ..... the test commonly applied to such cases is : how is the product identified by the class or section of people dealing with or using the product that is a test which is attracted whenever the statute ..... of the cases decided under the sales-tax or excise laws cited by both the parties before me, it appears that there is sufficient evidence on record to come to the conclusion that ..... further explained by the learned counsel for the assessee, the learned departmental representative submitted that from the same it was clear that the entire procedure only involves mixing of water with sugar, boiling, cleaning i.e. ..... member, board of revenue 1 stc 157 as follows : "a goldsmith manufactures ornaments out of gold, a cobbler manufactures boots out of leather, a carpenter manufactures a box out of wood and a tailor .....

Eicher Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)83TTJ(Delhi)673

..... order is passed by the bifr that is also binding upon the state government.since the benefit of deferral of sales-tax was granted by an order of the bifr under the provisions of the sick industrial companies (special provisions) act, 1985 (sica) and consented to by the government of maharashtra, there was, therefore, no necessity for obtaining a formal eligibility certificate or sicom to raise a loan liability as envisaged in section 38 of the bombay st act, 1959. ..... held that there is no distinction between a discount and a premium, the result in both is that if something over and above the face value and the specified interest is paid, the accounting procedure is one case being by way of preliminary deduction from the mentioned amount, and the accounting procedure in the other case being an addition at the end over the prescribed and mentioned face value amount. ..... copies of the returns under the state act and/or the central act, as the case may be, relating to the year or part thereof, the tax relating to which is sought to be converted into ..... counsel for the assessee shri ajay vohra has emphatically argued that before the bifr, government of maharashtra was also one of the parties and it was represented through ..... a careful perusal of the relevant provisions of sales tax act, scheme and the board circulars would lead to only one inference that the deduction or deferment of sales-tax can only be allowed in the assessment for the previous year in which the sales-tax liability .....

Vithalrao Udhaorao Uttarwar and ors. Vs. the State of Maharashtra

Court : Mumbai

Reported in : AIR1977Bom99

..... representation. that provision reads as follows;'section 44-b: notwithstanding anything contained in this act or any law for the time being in force no pleader shall be entitled to appear on behalf of any party in any proceedings under this act before the authorised officer, the tribunal, the collector, the commissioner, the state government or the maharashtra revenue ..... issues. the 'agri-business', that is, its part stands for modernisation of agriculture covering agricultural activities along with the agricultural related industries or services, which would by itself be an enormous aggregate of actual and potential ..... . there is hardly any doubt that by article 31-b the matters are left to the high constituent power to be exercised by indian parliament in accord with the procedure indicated by article 368 there being thus a constituent procedure, there being an indication of principles by its very placement in part iii and there being an obvious purpose for which article 31-b was enacted, we do not find any reason to doubt the validity of article 31-b, only because it puts ..... amended. even without such a provision the principles of section 7 of the bombay general clauses act would operate when there is ..... no. 21 of 1975 and also the provisions of section 7 of the bombay general clauses act, it appears to us reasonable- to hold that the proceedings initiated under un-amended act or the original act will have to be continued as if section 44-b had not been placed on the statute .....

Chhotabhai Purushottam Patel and ors. Vs. the State of Maharashtra by ...

Court : Mumbai

Reported in : AIR1971Bom244; 1971LabIC1080; 1971MhLJ413

..... by rule 34 of the rules framed under section 44, a dispute of 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. ..... what 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 50 or less. ..... at a later stage, 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. ..... however, on examination of the rule and the statistics that were available before such a rule was made, we do not find that the principle enunciated in the supreme court judgment could be really applicable. ..... the provisions of sub-sections (2) and (3) of section 31 deal with the remedies available to the employee for getting his grievances redressed, where he wants to complain that he is discharged, dismissed or retrenched without a proper cause or without following the proper procedure. ..... 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 orders would be certified. .....

Board of Trustees of the Port of Bombay Vs. State of Maharashtra and O ...

Court : Mumbai

Reported in : 1990(1)BomCR123; (1989)91BOMLR900; (1990)IILLJ280Bom

..... further reliance is placed by shri singhvi on some of the rations most of which no doubt deal with the concept of industry as defined under the industrial law and in particular the industrial disputes act, though in my opinion the basic foundation or concept can well be equated with that of business or trade in order to find out the real meaning of these terms used in section 2(4) of the bombay shops and establishments act. ..... by the respondents and ultimately a demand notice came to be issued by the welfare commissioner of the maharashtra labour welfare board on august 2, 1982 intimating to the petitioners that their request for exemption from the provisions of the act was declined and further intimating that in view of the government decision and as intimated earlier the petitioners were requested to remit to the said welfare board an amount of employees' and employer's contribution, fines and unpaid accumulations in respect of all ..... a grievance is made with some justification that this contention relating to the alleged discrimination has been levelled for the first time in affidavit in rejoinder which has never been reiterated before in any manner and this appears to be factually correct and if that be so then this is a basic deficiency on account of which this contention can be hardly be considered. ..... consequently, therefore, though the ratios relate to the concept of industry, still the analogy can well be extracted which would be relevant to the facts of this case also. .....

Divisional Forest Officer, Gadchiroli Vs. Madhukar Ramaji Undirwade an ...

Court : Mumbai

Reported in : 1995(4)BomCR468; 1996(2)MhLj376

..... exception and before section 13-b of the act of 1946 can be pressed into service to show that the provisions of the act of 1946 would not apply because of certain rules or regulations framed by the appropriate government, such rules have to be notified for the purposes of the act of 1946 and such rules must be framed in pursuance of the provisions of section 13-b of the act of 1946 to oust the applicability of the provisions of the act of 1946 relating to service conditions of the workmen in industrial establishment enumerated ..... before the industrial court about the applicability of the model standing orders, so far as they are applicable to the state of maharashtra and amended by the bombay industrial employment (standing orders) amendment rules, 1977, was that the model standing orders were only applicable to the permanent employees and not to casual wage ..... is only applicable to the appointments to be made after 16.2.1988 and any appointment made after that date to class iii employees could only be made after the state selection board duly selects and recommends such person for employment and not otherwise but for the appointments which had already been made prior to the coming into force of the government resolution ..... parliament sought to abrogate the provisions of the industrial employment (standing orders) act embodying as they do hard-won and previous rights of workmen and prescribing as they do an elaborate procedure, including a quasi-judicial determination, by a general .....

Vasudeo Mahadeo Ambre Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : (1994)IIILLJ615Bom

..... concerned its reasons therefor'.it may be noted here that if the government decides to make a reference it has to be done under section 10(1) of the act which provides:'where the appropriate government is of opinion that any industrial dispute exists or is apprehended, it may at any time, by order in writing- (a) refer the dispute to a board for promoting a settlement thereof, or (b) refer any matter appearing to be connected with or relevant to the dispute to a court ..... a labour court for adjudication; or(d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a tribunal for adjudication:provided that where the dispute relates to any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it ..... first respondent-state of maharashtra to refer the disputes raised by the two petitioners to appropriate labour court or industrial tribunal under section 10(1) read with section 12(5) of the act for proper adjudication within ..... of labour (conciliation), bombay district, bombay, passed identical orders ..... puri and urges that it is on the material before the government that it came to the conclusion that the second respondent was not an industry and, therefore, the petitioners were not workmen and, ..... industrial disputes and demanded reinstatement with continuity of service and full back wages .....