Court : Mumbai
Decided on : Aug-16-2002
Reported in : 2002(6)BomCR581; (2002)1BOMLR732; [2003(96)FLR1114]; 2002(4)MhLj554
R.J. Kochar, J.1. The petitioners are aggrieved by the judgment and order of the Labour Court dated 13th November 1995 in application under Section 33-C(2) of the Industrial Disputes Act, 1947 filed by the petitioners praying for determination and computation of the monies due from the respondent No. 1 society. According to the petitioners, they were entitled to get difference in minimum wages payable under the Minimum wages Act, 1948 and the actual wages paid by the respondent No. 1 society, wages in lieu of weekly offs, leave wages, national paid holidays and overtime wages. The application filed by the petitioners reflect that they are claiming the aforesaid monies due from 1961 onwards in their application dated June 1987. The petitioners appeared to have dared to file such a stale claim for the period from 1961 onwards as there is no statutory limitation under Section 33-C(2) of the Industrial Disputes Act. From such applications the employers must guard themselves and must preser...
Tag this Judgment!Court : Mumbai
Decided on : Feb-04-2002
Reported in : (2002)104BOMLR86
D.S. Zoting, J.1. These are the two criminal appeals preferred by the original accused Nos. 1 and 2 against the order of conviction and sentence passed by the Additional Sessions Judge, Jalgaon in Sessions Case No. 120 of 1993 on 14.2.1995. These two appellants along with one more accused namely Rakeshsingh @ Minty Tukmansing Bhadoriya, aged about 20 years were tried before the Sessions Court for offence punishable under Section 302 r/w Section 120B and in the alternative under Section 302 r/w Section 34 of the Indian Penal Code. Both the appellants along with Rakeshsingh were convicted for the offence punishable under Section 302 r/w Section 120B of the Indian Penal Code and each of them was sentenced to suffer imprisonment for life and to pay a fine of Rs. 5000/- in default to suffer further R.I. for one year. In addition to the above imprisonment awarded to the appellant Mangalabai, she is also convicted for offence punishable under Sections 194, 210, 203 of the Indian Penal Code an...
Tag this Judgment!Court : Mumbai
Decided on : Oct-14-2002
Reported in : (2003)2BOMLR95; 2003(1)MhLj952
J.A. Patil, J.1. The original applicants Nos. 1, 2, 3, 8 and 10 have filed this Revision Application under Section 401 read with Section 397 of the Criminal Procedure Code and challenged the order dated 28-4-1994 passed by the Additional Sessions Judge, Gondia, in Criminal Revision Application No. 17 of 1989, setting aside the order dated 7-2-1989 passed by the Sub-Divisional Magistrate (for short S.D.M.) in Misc. Criminal Case No. 86 of 1987. The relevant facts which are necessary for disposal of this revision application may be stated, in brief, as under :The original non-applicant M/s Ramchand Bhagirath is a proprietary concern of Bhagirath Ramchand Agrawal (since deceased). He was a commission agent in a Kirana goods and was also a wholesale dealer in dry chillies. In Ansari Ward of Gondia city, he had a godown in a double storeyed building known as Vishnu Kunj where he used to store large quantity of chillies. The applicants are residents of Ansari Ward, which is mainly residentia...
Tag this Judgment!Court : Mumbai
Decided on : Jun-10-2002
Reported in : 2002(6)BomCR84; (2002)4BOMLR229; 2002(4)MhLj507
V.C. Daga, J. 1. Rule. Respondents waive service. Heard finally by consent of parties. Parties were also given opportunity to circulate their written submissions in support of their oral submissions. In these petitions, the parties are same, issues raised herein are identical and can be disposed of by common Judgment, as such, both petitions were heard together. FACTUAL MATRIX Factual matrix, in both petitions, lies in a narrow compass and it is thus : 2. The petitioner is a mining company engaged in operation of extraction, processing and export of mineral ore from its various mines located in Goa. It also deals with resale of scrap, by-products, oils and lubricants and motor vehicles spares including tyres and tubes etc. required for transporting minerals. The petitioner is also a registered small scale industrial unit (SSI unit) engaged in the business of manufacturing barges at Sirsaim, Goa. 3. The first writ petition being W.P. No. 164/2002, is directed against the notice bearing ...
Tag this Judgment!Court : Mumbai
Decided on : Jun-03-2002
Reported in : 2002(3)ALLMR625; 2003(1)BomCR401
B.H. Marlapalle, J.1. The scope of this petition, though initially limited to one particular issue regarding 'Thakur' Scheduled Tribe, has subsequently been widened so as to consider the issues arising out of the MandalCommission Report and the judgment of the Apex Court in Indra Sawhney's case : AIR1993SC477 as well as in : AIR2000SC498 and it encompasses even to examine the scope of Other Backward Classes Commission's procedure, powers for formulation of its recommendations to be made to the State Government as mandated by the law laid down in the said case. It also considers the contemporary social factors and indicators which are more relevant than the traditional or conventional indicators in identifying/determining the Other Backward Classes. 2. With more than fifty years of Independence and the high rate of urbanization owning to developments in industry, business, etc. as also the spread of education, higher education both technical and specialized, the social fabric in the rur...
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