Court : Supreme Court of India
Reported in : AIR1988SC782; [1989]65CompCas1(SC); (1988)1CompLJ225(SC); 1988(36)ELT201(SC); JT1988(1)SC304; 1988(1)SCALE273; (1988)2SCC299; [1988]2SCR962; 1988(2)LC54(SC)
Sabyasachi Mukherji, J.1. What falls for consideration in all these matters is a common question of law, namely, whether equity shares in the two companies i.e. 10,00,000 shares in Swadeshi Polytex Limited and 17,18,344 shares in Swadeshi Mining and Manufacturing Company Limited, Held by the Swadeshi Cotton Mills, vest in the Central Government under Section 3 of the Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986 (hereinafter referred to as 'the Act'). The other subsidiary question is whether the immovable properties, namely, the bungalow No. 1 and the Administrative Block, Civil Lines, Kanpur have also vested in the Government. The question as to one more property known as Shrubbery property whether it has been taken over or not is still to be argued and is not covered by this judgment.2. In order to appreciate the question in these matters it has to be borne in mind that there were six original proceedings initiated by various parties which...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC851; 2005(5)ALLMR(SC)405; [2005(104)FLR820]; JT2005(1)SC449; (2005)ILLJ853SC; (2005)2SCC638; 2005(2)SLJ358(SC); (2005)2UPLBEC1470
S.B. Sinha, J.1. Maruti Udyog Limited, the Appellant herein, is a Government company within the meaning of Companies Act, 1956. In terms of a notification issued under Section 6 of the Maruti Limited (Acquisition and Transfer of Undertakings) Act, 1980 (hereinafter referred to as 'the said Act') the undertakings of the Maruti Limited (the Company) has vested in the Appellant. It is aggrieved by and dissatisfied with the judgment and order passed by a Division Bench of the Punjab and Haryana High Court in Letters Patent Appeal No. 837 of 1995 whereby and whereunder a judgment and order passed by a learned Single Judge dated 19.4.1995 passed in C.W.P No. 15728 of 1993 questioning an Award dated 28.7.1993 passed by the Labour Court in Reference Nos. 437, 438 and 166 of 1988, was set aside.BACKGROUND FACTS:2. The Respondents herein who are three in number were appointed by Maruti Limited as Electrician, Helper and Assistant Fitter with effect from 274 1974, 8.11.1973 and 8.4.1974 respectiv...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VAD(SC)678; AIR1996SC2462; 82(1996)CLT875(SC); JT1996(6)SC685; 1996(5)SCALE414; (1996)9SCC709; [1996]Supp3SCR808
ORDERA.M. Ahmadi, CJ.1. Special Leave granted.2. These appeals seek to challenge: (i) the common judgment and order of the Orissa High Court dated April 4, 1995, arising out of OJC No. 7729 of 1993 and allied matters and (2) the decision of the Central Government dated August 17, 1995 made pursuant to the said judgment of the High Court.3. The appellants in these appeals are the Tata Iron and Steel Company, Limited, (hereinafter called 'T1SCO') and the Industrial Development Corporation of Orissa Limited (hereinafter called 'IDCOL'). The principal respondents are the Union of India, the State of Orissa, M/s. Indian Charge Chrome Limited, (hereinafter called 'ICCL'), Indian Metal & Ferro Alloys Limited (hereinafter called 'IMFA'), M/s. Jindal Strips Limited, (hereinafter called 'JSL'), Ferro Alloys Corporation Limited (hereinafter called 'FACOR') and Ispat Alloys Limited.4. The factual matrix of the case is as follows :The appellant, TISCO, is a limited company, one of whose primary obj...
Tag this Judgment!Court : Jharkhand
Reported in : [2003(3)JCR296(Jhr)]; (2003)IIILLJ1082Jhar
R.K. Merathia, J. 1. Heard the parties.Both the connected matters are taken up together and decided by this common judgment. The management has challenged the award whereby and whereunder the management has been directed to give employment to the two workmen (respondent No. 3 and 4), in such post as they were previously employed, whereas CWJC No. 1484 of 1994 (R) the two workmen have challenged the award on the ground that back wages from 18.11.1986 has not been provided in the award.CWJC No. 754 of 1994(R)2. Learned counsel for the petitioner submitted that the following facts are un-controverted.(I) M/s. Oriental Coal Company Limited (Company for short) was the owner of the coal mine, namely Badjna Colliery, which was nationalized under the Coal Mines (Nationalisation) Act, 1973. At the time of taking over of the mine, the said company refused to handover the Barakar Engineering and Foundry Works Limited (BEFW) to the custodian/Central Government, on the ground that the same was a se...
Tag this Judgment!Court : Gujarat
Reported in : 1992ACJ399; AIR1992Guj122; (1992)2GLR976
ORDER1. Does the proviso to sub-section (3) of Section 166 of the Motor Vehicles Act, 1988 restrict/limit the power of the Claims Tribunal to condone the delay caused in filing application for compensation to a period of 12 months from the date of occurrence of accident? Does the proviso exclude expressly or otherwise the application of Section 5 of the Limitation Act, 1963 or principle underlying said Section 5 to an application for condonation of delay caused in filing the application for compensation? -- These are the twin questions posed for consideration in these petitions under Article 227 of the Constitution of India.2. These two petitions under Article 227 of the, Constitution of India are directed against the judgment and order of the Motor Accident Claims Tribunal, Porbandar, dated 18th July, 1991 passed in Motor Accident Claim Petitions Nos. 56 / 91 and 60 / 91 respectively. By the said impugned judgment and order the Tribunal has rejected the applications of the petitioner ...
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1573
..... (supra) the 'material resources' were explained as:-'the next question for consideration is whether the coking coal mines (nationalisation) act is a law directing the policy of the state towards securing 'that the ownership and control of the material resources of the community are so distributed as best to subserve the common good, coal is, of course, one of the most important known sources of energy, and, therefore, a vital national ..... a bare declaration, without more, directly overrule, reveres or over-ride a judicial decision. it may, however, at any time, in exercise of the preliminary powers under article 245 and 246 of the constitution, render a judicial decision ineffective by enacting a valid law on a topic within its legislative field ..... proceeding within the meaning of section 193 and 228 of the penal code, i860 and the commissioner shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973.(7) a claimant, who is aggrieved by the decision of the commissioner, may prefer an appeal against the decision to the city civil court, bangalore within the local limits ..... the lands held by private owners also. but it, however, erred thereafter in reaching the conclusion that article 31-c was not applicable to the case for the reason that (i) the act did not contain a declaration that it was enacted to give effect to article 39-b, (ii) by undertaking development of commercial centres while providing housing accommodation .....
Tag this Judgment!Court : Patna
R.N. Sahay, J.1.The constitutional questions in dispute in these group of writ applications under Articles 226 and 227 of the Constitution of India necessitate a consideration:(1) Whether Section 89(1) of the Bihar Coal Mining Area Development Authority Act, 1986 (Bihar Act 9 of 1986) (hereinafter to be referred to as the 'Bihar Act' wherein 'cess' is levied on annual despatches of coal and coke, is null and void being ultravires the Bihar Legislature since by virtue of Mines & Minerals (Regulation & Development) Act, 1957 (Central Act 67 of 1957), the Union has assumed complete control over regulation of mines and minerals leaving no space for the State Legislature to legislate on the said subject.(2) Whether Section 90(4) of the Act wherein water charges are realised from colliery owners for supply of water at the rate to be determined by the State Government, is void since it suffers from vice of unconstitutional delegation of legislative power.2. The assessee-petitioners have appl...
Tag this Judgment!Court : Patna
R.A. Sharma, J.1. By these writ petitions, the petitioners have challenged the validity of the Bihar Coal Mining Area Development Authority (Amendment) Act, 1992 (hereinafter referred to as the Amendment Act) and the rules framed thereunder, namely, the Bihar Mineral Area Development Authority (Land Use Tax) Rules, 1994 (hereinafter referred to as the Rules). The prayer seeking appropriate writ and/or order declaring Section 89 of the Bihar Coal Mining Area Development Authority Act, 1986 (hereinafter referred to as the Act) as amended by the Amendment Act as ultra vires is also there. Consequential and incidential relief seeking quashing of the demand notice, assessment order and the notice requiring filing of returns has also been claimed.2. As the controversy involved in all these writ petitions is the same, it is not necessary to State the facts of each of these petitions excepting the writ petition, C.W.J.C. No 783 of 1994(R) (Central Coal Field Ltd. v. The State of Bihar and Or...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC127; [1984(48)FLR448]; 1984LabIC691; (1984)ILLJ368SC; 1984(1)SCALE539; (1984)3SCC127; [1984]3SCR252; 1984(16)LC500(SC)
Sabyasachi Mukharji, J.1. These petitions under Article 32 of the Constitution are filed by the employees of the General Insurance Companies and the All India Insurance Employees Association. The respondents are, Union of India, the General Insurance Corporation of India and four General Insurance companies.2. The petitioners challenge the Notification dated 30th September, 1980 of The Ministry of Finance (Department of Economic Affairs) (Insurance) introducing what is called General Insurance (Nationalisation and Revision of Pay Scales and Other Conditions of Service of Supervisory, Clerical and Subordinate Staff) Second Amendment Scheme, 1980 as being illegal and violative of their fundamental rights under Articles 14, 19(1)(g) and 31 of the Constitution of India. 3. Prior to 1972, there were 106 General Insurance companies Indian and foreign. Conditions of service of these employees were governed by the respective contracts of service between the companies and the employees. On 13th...
Tag this Judgment!Court : Kolkata
Reported in : (1994)2CALLT43(HC)
Gitesh Ranjan Bhattacharjee, J.1. The Criminal Revision No. 3 of 1991 relates to FIR No. 29 dated 20-6-87 of Jamuria P.S. On 20-6-87 at about 22.15 hours one Bijoy Kumar, Sub-Inspector of Central Industrial Security Force (CISF) camp at Kunustoria, P.S. Jamuria lodged a written complaint with the officer-in-charge, Jamuria Police Station, Dist. Burdwan alleging that on 19/20-6-87 while he along with CISF party, Kunustoria camp were on patrol duty for guarding against illegal trade/ transportation of coal, they at about 00.30 hours noticed near Chanda More on P. T. Road that the truck bearing no. WBG 4729, loaded with coal was proceeding towards Calcutta from Asansol side. The truck was stopped by the CISF party and 4 persons were found to be there in the truck including driver. The driver on being asked to produce relevant documents in support of the loaded coal stated that the documents were with the owner of the coal who was following behind. Since after waiting for sometime none app...
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