Court : Mumbai
Reported in : (1941)43BOMLR631
..... onus is upon the defendant to show that the subject commented upon is a matter of public interest, that the statements of fact relating thereto are true, and that the comment based upon the facts is a fair and bonafide comment. ..... it appears that the parsi community is divided over the merits of this question, which has been agitated for many years in bombay, the 'orthodox' section of the community, as it is called, being against the appearance of parsi men and women together on the stage, and the other section called the 'reformists' pulling the other way. ..... are, however, two independent witnesses, who belong, no doubt, to what is called the 'orthodox' section, and are friends of the defendant, but who cannot be said to be partisan witnesses. ..... parts of the original play, which the society considered were unsuitable for being performed by amateurs and before a modern audience, were cut off and dropped. ..... to know that the play was about to be staged, started an agitation in the columns of his paper kom sevak, not against the staging of the play, but against parsi men and women taking part in acting plays upon the stage, whether as amateurs or professionals. ..... the last words 'act as actresses on the stage' are printed in bold type in the ..... mitha; if so dire is the consequence in connection with a girl attending a class, have you as well as the people concerned any idea as to the extent to which the future of the parsi girls would be spoiled by making them act as actresses on the stage? 9. .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR104
..... the industrial court decided on march 20, 1942, under section 55 of the bombay industrial disputes act, that the strike of the applicants was an illegal strike, and that the change made by the mill authorities was an illegal change. ..... a strike is illegal if it is commenced or continued in the circumstances mentioned in any of the eight clauses of section 62(1) of the bombay industrial disputes act, 1938. ..... , under sections 66 and 67 of the bombay industrial disputes act, 1938. ..... on january 20, 1943, the mill authorities prosecuted the applicants under sections 66 and 67 of the bombay industrial disputes act. ..... there is no doubt that sections 65, 66 and 67 are intended to punish an illegal strike, and an illegal lock-out, and instigation to an illegal strike and an illegal lock-out, provided they are declared to be illegal by the industrial court, whether the illegal act is committed before or after the declaration. ..... the contention urged on behalf of the applicants both before the trial magistrate and before the sessions judge was that persons can be punished under sections 66 and 67 as strikers or as instigators of a strike only if the strike continues after it has been declared illegal by the industrial court, and that they cannot be punished for any act of theirs in instigating or taking part in a strike prior to the declaration that the strike was illegal. ..... a notice of the alteration was given on the notice board of the mill. .....
Tag this Judgment!Court : Mumbai
Reported in : (1946)48BOMLR483
..... learned judges of the allahabad high court in holding that the words 'other legal proceeding' in section 171 of the indian companies act, 1913, comprise any proceeding by the revenue authorities under section 46(2) of the indian income-tax act, and that accordingly before forwarding the requisite certificate under section 46(2) to the collector, which would put the machinery for the collection of the arrears of ..... not absurd determination was come to in this case to try to recover the arrears by a procedure believed to be available to the income-tax authorities according to their view of the law for the ..... conclusion and holding that the crown is bound by the provisions of the indian companies act, 1913, and is bound, in regard to the provisions relating to the liquidation of companies, 'to a statutory scheme of administration wherein the prerogative right ..... defendants in this matter concerning the public revenue were right in the demand made, and to decide in their favour only if they acted in entire conformity to the regulations of the governor, and council of bombay, they would equally be entitled to succeed, if the statutes and the charters contained no exception or proviso for their protection. ..... payment with certain debts due to local authorities, certain debts in respect of salary or wages due to clerks, servants, labourers or workmen, compensation payable under the workmen's compensation act, 1923, and other classes of debts and expenses, and all have to abate equally ..... industrial .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1950Bom342; (1950)52BOMLR389; ILR1951Bom1; (1953)IILLJ469Bom
..... by the industrial court under the bombay industrial relations act, 1946, on 20th march 1948, in respect of certain disputes between the textile mills and their employees, and condition 6 of this award provided :'persons who are eligible for bonus but who are not in service of the mill on the date of payment shall be paid in one lump sum on 31st may 1948, provided claims in writing are submitted to the manager of the mill concerned before 21st may ..... therefore, it is clear from the scheme of the bombay industrial relations act 1946, that it is only when a change is sought by an employee in the terms of an award made by the industrial court that he has got to make an application to the labour court and only the labour court has jurisdiction to make such ..... to him it is only the labour court set up under the bombay industrial relations act which is entitled to construe the award, and in construing the award the authority has acted beyond his jurisdiction. ..... provides :'where contrary to the provisions of this act any deduction has been made from the wages of an employed person, or any payment of wages has been delayed, such person himself or any legal practitioner or any official or a registered trade union authorised in writing to act on his behalf, or any inspector under this act, or any other person acting with the permission of the authority appointed under sub-s ..... of that section, and sub-s ..... section 15 of the act confers jurisdiction upon the authority that is to be appointed under .....
Tag this Judgment!Court : Mumbai
Reported in : (1950)0LLJ1235Bom
..... an industrial dispute has arisen between the maharashtra sugar mills, limited, belapur road, district ahmednagar, and its employees (hereinafter referred to as 'the said industrial dispute') in respect of payment of six months wages as bonus for the year 1947-48 to all employees including the seasonal and contract labour;and whereas the provincial government is satisfied that the said industrial dispute is not likely to be settled by other means;now, therefore, in exercise of the powers conferred by section 73 of the bombay industrial relations act, 1946 (bom ..... out the facts hereinbefore stated contended that the persons constituting the so-called contract labour were not in fact employed by the company nor were they employees of the company within the definition contained in section 3(13)(a) of the bombay industrial relations act, 1946, or otherwise. ..... before i deal with the various contentions which have been urged before me, i will refer to the various provisions of the bombay industrial relations act, 1946, which would fall to be considered by me. ..... it cannot be said that when this procedure is evolved by the government, it can only work with reference to the disputes which may arise not only in the future but in regard to the future relations of the employers and the employees. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom68; (1951)53BOMLR263; (1951)ILLJ137Bom
..... this dispute was referred under section 73, bombay industrial relations act, 1946. ..... of bombay referred an industrial dispute that had arisen between the maharashtra sugar mills, ltd. ..... the contention is that this labour was employed through the instrumentality of contractors & therefore, this labour fell within the meaning of section 3(13)(a), & the company was its employer within the meaning of section 8(14)(e), & it is from the point of view of this contention that we have to consider whether the finding of the industrial court was right or erroneous as held by the learned judge below. ..... now, turning to the definition, 'employee' is defined in section 3(13) & (13) (a) as 'any person employed to do any skilled or unskilled manual or clerical work for hire or reward in any industry, & includes a person employed by a contractor to do any work for him in the execution of a contract with an employer within the meaning of sub-clause (e) of clause (14) ..... 'industrial dispute' is defined by section 8(17) as meaning 'any dispute or difference between an employer & employee or between employers & employees or between employees & employees & which is connected with any industrial matter', & 'industrial matter' is defined by section 8(18) ..... in this case there is no suggestion by the state of bombay that the maharashtra sugar mills, ltd. ..... 1 before us, & its employees in respect of payment of six months' wages as bonus for the year 1947-48 to all employees including the seasonal & contract labour. .....
Tag this Judgment!Court : Mumbai
Reported in : (1951)53BOMLR1003
..... an industrial dispute has arisen between the maharashtra sugar mills limited, belapur road district ahmednagar, and its employees (hereinafter referred to as 'the said industrial dispute') in respect of payment of six months' wages as bonus for the year 1947-48 to all employees including the seasonal and contract labour;and whereas the provincial government is satisfied that the said industrial dispute is not likely to be settled by other meansnow, therefore, in exercise of the powers conferred by section 73 of the bombay industria relations act, 1946 (bombay act xi of 1947 ..... the government of bombay is pleased to refer the said industrial dispute to the arbitration of the industrial court.it was urged on behalf of the appellants before the industrial court that contract labour was not covered by the definition of 'employee' under the act and that the court had therefore no jurisdiction to go into the dispute in regard to contract labour. ..... nor the coolies or cartman leaving before the end of the season, without taking previous permission from you in writing will be entitled to the proportionate refund of their deposit.it cannot be seriously disputed that the contractors engaged by the company were under the responsibility of employing responsible servants (as the company may approve of) for carrying on the operation entrusted to them and that these servants or coolies were to be paid wages by the contractor, and if thought ..... no other point was argued before us. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1957Mad60
..... tribunal,'the learned judge observed: 'the contention raised on behalf of the petitioners that there should be an industrial dispute falling within the definition of that expression in section 2(k) of the industrial disputes act, before the government can make a reference under section 10(1)(c), or the industrial tribunal can acquire jurisdiction by reason of ..... observed: '....those who assail the validity of the award passed by the tribunals functioning under the industrial disputes act must prove before the court that this preliminary basis for their jurisdiction exists; in other words, that unless the court is satisfied that the parties to a dispute stand in the relation of an employer and a workman as defined in the act, the award is null and void as lacking in an essential preliminary to the jurisdiction of the ..... trial judge overruled the plea of the defendants, that their status as tenants was res judicata as a result of the earlier proceedings before the rent control board, and the learned judge held that the relationship between the plaintiff and the defendant was not that of landlord and tenant but that ..... i have extracted above; see also maharashtra sugar mills v. ..... state of bombay, air ..... a jurisdictional issue, is open to correction may be taken as well settled law: see state of bombay v. .....
Tag this Judgment!Court : Mumbai
Reported in : [1957]27CompCas500(Bom); (1957)IILLJ194Bom
..... view, the tribunal referred to the provisions of section 18(c) of the industrial disputes act and sections 114(1)(a) and 115 of the bombay industrial relations act. ..... it is also implicit in sections 114 and 115 of the bombay industrial relations act that the rights and obligations of a management of an industrial undertaking are enforceable in proper ..... court or the industrial court is competent to reinstate, dismiss or discharge employees; and that appears clear from the definition of the expression 'employee' in section 3(13) of the bombay industrial relations act. ..... section 42 of the bombay industrial relations act by sub-section (4) provides, in so far as it is material, as follows : 'any employee or a representative union desiring a change in respect of ..... successor decides to run the same business which was carried on by his predecessor, the employees of the old concern are entitled to submit a dispute before the industrial tribunal regarding their rights and obligations in the business of the old concern are entitled to submit a dispute before the industrial tribunal regarding their rights and obligations in the business of the old concern, and those rights and obligations must be regarded as continuing and enforceable against ..... 'an industrial matter' in clause (8) is defined as meaning : 'any matter relating to employment, work, wages, hours of work, privileges, rights or duties of employers or employees or the mode, terms and conditions of employment, and includes -' certain .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom62; (1957)59BOMLR1036; ILR1957Bom818
..... which is within the competence of the mamlatdar to decide under section 70, sub-section (b) of the bombay tenancy and agricultural lands act; but before the mamlatdar can decide or determine it, if the opponent pleads that the act itself does not apply, it seems to mo to be obvious that the mamlatdar shall have to determine whether or not the act applies, because unless the act applies he cannot entertain the petition or decide or determine it ..... says that the land in question does not fall within the scope of the bombay tenancy and agricultural lands act, but falls within any of the excepted categories in section 88, a civil court could alone determine this question, it would lead to the most undesirable consequence that a landlord can, in any proceeding instituted by a tenant under section 70 of the act, raise a plea, however unjustified, that the land does not fall within the ..... a person is a tenant, it is necessary to decide the question whether he is a tenant of an agricultural pieceof land, and without deciding the question whether the land is agricultural or one held for the benefit of an industrial or commercial undertaking, it will not be possible for the mamlatdar to decide whether the first opponent is a tenant. ..... in relation to any question that the mamlatdar has jurisdiction to decide under section 70, the act necessarily deals with land as defined in the bombay tenancy and agricultural lands act in section 2, sub-section (8), which de-lines 'land' as meaning 'land which .....
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