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Meccano Industries (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1985)14ITD151(Mad.)

..... it was pointed out that, although a mere wild or spontaneous growth of trees not involving the employment of any human labour or skill for raising them could not be agricultural income yet when there was a forest more than 150 years old which had been carefully nursed and attended to by its owners, the income would be ..... it held that the correct test to apply would be to find out whether human labour had been applied to the land itself, in order to extract from its natural powers, added to or aided by other natural or artificial sources of strength to the soil, a product which can yield an income.... (p. ..... the question before the court was whether income from forest lands derived from sal and piyasal trees not grown by human skill and labour could constitute agricultural income. ..... if the government were to derequisition the land at any time, it could at once be put to agricultural use, without any appreciable expenditure in labour and money.9. ..... pointed out that one of the factors taken into consideration by the learned judges of the mysore high court was that in order to convert the land again into agricultural land, it would require a considerable expense in labour and money. .....

The General Secretary Vs. The Cochin Shipyard Limited

Court : Kerala

..... after considering these issues and after arriving at a finding that it was at the hands of the first management/contractor, it was never proper for the labour court to have had held that the said burden was to w.a.no.1839 of2014w.a.no.2009 of2014 - 5- w.a.no.2010 of2014and w.a.no.197 of2015be satisfied by the cochin shipyard limited who was not ..... even otherwise, there was no occasion for the cochin shipyard limited to explain the position before the labour court or to produce the relevant materials, in view of the fact that it was never a ..... the basis of the said documents, pleadings and proceedings, that a specific finding was rendered by the labour court in paragraph 14 of the award, that there was no claim for the union that the workers ..... was accordingly, that the impugned award was set aside and the matter was remanded to the labour court for fresh consideration, alerting that the matter had to be finalised within 6 months, ..... in all respects, in so far as they were never made a party to the w.a.no.1839 of2014w.a.no.2009 of2014 - 4- w.a.no.2010 of2014and w.a.no.197 of2015proceedings and that the finding rendered by the labour court that the cochin shipyard limited was liable to effect reinstatement was beyond all canons of law. ..... o.p.no.14297/2001 was filed by the 2nd management, to the extent adverse observations were made by the labour court ernakulam against him, contending that the 2nd management was not in a position to represent the cochin shipyard limited and that the cochin .....

National Engg. Co-ordination Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (1992)43ITD612(Pune.)

..... . mangal sao air 1963 sc 445 which were relied upon by the learned departmental representative for the purpose of seeking to contend that work was confined to physical labour and that the benefit of section 1 l(4a)(b) was not available unless it was proved and established that physical work of the charitable organisation was carried out by the beneficiaries themselves. mr ..... . [1967] 19 stc 1 in which it has been held by the supreme court as follows:- in taxing statutes, the expression business is used in the sense of an occupation, or profession which occupies the time, attention and labour of a person normally with the object of making profit ..... . ganesh pointed out that it was clear from the decision of supreme court and legal dictionary that "work" include any type of exertion and the same was no means only confined to physical or manual labour ..... . the term "industry" in the industrial disputes act has been given a very wide meaning so as to cover any activity whether charitable or not and which is carried on in an organized manner with the co-operation of capital and labour. mr ..... . then he referred to the meaning of the word "work" as defined in law lexicon according to which work means physical labour.40. mr .....

United States Vs. Lowden

Court : US Supreme Court

united states v. lowden - 308 u.s. 225 (1939) u.s. supreme court united states v. lowden, 308 u.s. 225 (1939) united states v. lowden no. 343 argued november 6, 1939 decided december 4, 1939 308 u.s. 225 appeal from the district court of the united states for the northern district of illinois syllabus section 5(4)(b) of the interstate commerce act provides that the commission may authorize carriers to consolidate or lease their properties where it finds that that action, subject to such conditions and modifications as it shall find to be just and reasonable, will be in harmony with and in furtherance of the plan of consolidation of railway properties established pursuant to paragraph (3) of that section, and will promote the public interest. upon an application to the interstate commerce commission for authority to lease the road and properties of one railroad to another, with consequent large savings in the operating costs of the road, the commission found that the proposed lease would promote the public interest, and authorized it upon conditions which it found to be just and reasonable -- viz., that the employees of the leased road be compensated for a limited time for any reduction of salary, that dismissed employees be paid partial compensation for the loss of their employment, and that transferred employees be paid moving and traveling expenses, including losses incurred through their being forced to sell their houses. held: 1. the term "public interest," as used in .....

Perkins Vs. Lukens Steel Co.

Court : US Supreme Court

..... the public contracts act, so far as the steel industry is concerned, has been suspended for more than a year, with no bond or security to protect the public's interest in the maintenance of wage standards contemplated by congress, should the suspension ultimately appear unwarranted or unauthorized. ..... " in the same motion, the government asked that employees who might be irreparably injured be protected by "a bond or other security to pay the minimum wages if the appellants page 310 u. s. .....

Railway Mail Assn. Vs. Corsi

Court : US Supreme Court

railway mail assn. v. corsi - 326 u.s. 88 (1945) u.s. supreme court railway mail assn. v. corsi, 326 u.s. 88 (1945) railway mail association v. corsi no. 691 argued april 3, 1945 decided june 18, 1945 326 u.s. 88 appeal from the supreme court of new york syllabus section 43 of the new york civil rights law forbids any "labor organization" to deny any person membership by reason of his race, color, or creed, or to deny any member, by reason of race, color, or creed, equal treatment in designation for employment, promotion, or dismissal by any employer; other sections prescribe penalties and enforcement procedure. appellant railway mail association, an organization of regular and substitute postal clerks, limits its membership to persons of the caucasian race and native american indians. held: l. an appeal from a state court declaratory judgment that 43 was applicable to the appellant and valid as so applied presents a justiciable "case or controversy" under 1 and 2 of article iii of the federal constitution. p. 326 u. s. 93 . 2. section 43 is not violative of the due process clause of the fourteenth amendment as an interference with appellant's right of selection of membership nor as an abridgment of its property rights and liberty of contract. p. 326 u. s. 93 . 3. the fact that appellant is subject to 43 as a "labor organization," although excluded (as an organization of government employees) from the benefits of collective bargaining provisions of the state labor law, .....

Deutch Vs. United States

Court : US Supreme Court

deutch v. united states - 367 u.s. 456 (1961) u.s. supreme court deutch v. united states, 367 u.s. 456 (1961) deutch v. united states no. 233 argued march 22-23, 1961 decided june 12, 1961 367 u.s. 456 certiorari to the united states court of appeals for the district of columbia circuit syllabus summoned to testify before a subcommittee of the house of representatives committee on un-american activities, which was investigating communist party activities in the albany, n.y., area, petitioner, who had not attended the hearings in albany and was questioned in washington, d.c., freely answered questions about his own communist activities at cornell university and ithaca, n.y., but he refused to name persons with whom he had been associated in such activities there. he was convicted of a violation of 2 u.s.c. 192, which makes it a misdemeanor for any person summoned as a witness by a congressional committee to refuse to answer any question pertinent to the question under inquiry. at his trial, in an effort to prove the pertinency of the questions he refused to answer, the government offered documentary evidence of statements made by the chairman of the subcommittee at the hearings in albany, which tended to show that the subject of those hearings was communist infiltration in the albany area, particularly in the field of labor, and one witness testified that petitioner's hearing was a continuation of the albany hearings, that the subject of those hearings was communist .....

Florida Power and Light Co. Vs. Ibew

Court : US Supreme Court

florida power & light co. v. ibew - 417 u.s. 790 (1974) u.s. supreme court florida power & light co. v. ibew, 417 u.s. 790 (1974) florida power & light co. v. international brotherhood of electrical workers, local 641 no. 73-556 argued april 24, 1974 decided june 24, 1974 * 417 u.s. 790 certiorari to the united states court of appeals for the district of columbia circuit syllabus a union does not commit an unfair labor practice under 8(b)(1)(b) of the national labor relations act (nlra) when it disciplines supervisor-members for crossing a picket line and performing rank-and-file struck work during a lawful economic strike against the employer. pp. 417 u. s. 798 -813. (a) both the language and legislative history of 8(b)(1)(b) reflect a clear congressional concern with protecting employers in the selection of representatives to engage in two particular and explicitly stated activities, viz., collective bargaining and adjustment of grievances. therefore, a union's discipline of supervisor-members can violate 8(b)(1)(b) only when it may adversely affect the supervisors' conduct in performing the duties of, and acting in the capacity of, grievance adjusters or collective bargainers, in neither of which capacities the supervisors involved in these cases were acting when they crossed the picket lines to perform rank-and-file work. pp. 417 u. s. 802 -805. (b) the concern that to permit a union to discipline supervisor-members for performing rank-and-file work during an economic .....

Tukaram Piraji and anr. Vs. Motilal Poona Mills Ltd.

Court : Mumbai

Reported in : AIR1954Bom171; (1953)55BOMLR911; ILR1954Bom438

..... phadke draws our attention to the provisions, of the industrial relations act and says that under those provisions a decision of a labour court as to an illegal change is made appealable, and he rightly argues that if sn appeal lies to the industrial court, then before the parties approach the appellate tribunal they must go to the industrial ..... phadke points out that under section 97(3) a 'locus poenitentiae' is given to the employees to resume work within 48 hours of a labour court declaring a strike to be illegal, and if they do not resume work within 48 hours, they are liable to incur penalties, and therefore according to ..... is pointed out is that under the bombay industrial relations act, section 84 deals with appeals and an appeal is provided to the industrial court from the decision of a labour court in respect of various matters, but a determination by the labour court whether a strike, lock-out, closure or stoppage was illegal or not is made appealable, and mr. ..... 's contention, it was only if there was no industrial court which is an appellate tribunal under the bombay act that the decision of the labour court with regard to the legality of the strike would have been appealable to the appellate tribunal. ..... it was the intention of the legislature that the employees should know at the earliest opportunity whether the strike was illegal or not, and if it was so held to be illegal by the labour court, then the law gave them the opportunity of going back to work within 48 hours. .....

Malegaon Nagar Palika Vs. Vasant Nathu Kale and 125 ors.

Court : Mumbai

Reported in : 2008(3)ALLMR334; 2008(2)BomCR750; [2008(117)FLR158]; 2008(4)MhLj318

..... of the opponent council and i further hold that this court has jurisdiction to compute the amount due to the applicants from the opponent council.on the issue of computation, the labour court set out the following reasons:16...therefore, i hold that the applicants are entitled to receive the difference of minimum wages in scale of basic wages of rs.200/-+ d.a., h.r.a. ..... earlier adjudicated or recognised by the employer and thereafter for the purpose of implementation or enforcement thereof some ambiguity requires interpretation that the interpretation is treated as incidental to the labour court's power under section 33c(2) like that of the executing court's power to interpret the decree for the purpose of its execution.7. ..... court had allowed the prayer by holding that denial of the appropriate wages to the daily rated workers amounted to exploitation of labour and, therefore, it was directed that the daily rated workers were to be paid wages with effect from 1/5/1988 at ..... dealing with the applications on merits it was submitted that the nature of work of the applicants was not similar to that of the permanent employees, the applicants were casual labourers and engaged as and when required and they were not covered by the awards passed by the industrial tribunal in reference (it) no.31 of 1983. ..... are of the view that the high court ought not to have presumed that the award of the labour court for grant of back wages is implied in the relief of reinstatement or that the award of .....