Court : Gujarat
Reported in : (2003)4GLR325
..... section 14 of the sick textile undertakings (nationalisation) act, 1974. the hon'ble supreme court has observed in this case as under :'section 17 is a special ..... court in the case of workmen v. bharat coking coal ltd. and others, reported in 1978(2) llj, page 17/ 1978 (2) scc page 175. in this case, the hon'ble supreme court was dealing with the effect of section 17 of the coking coal mines (nationalisation) act, 1972 which was similar to the provisions of ..... to claim any benefits with regard to reinstatement or backwages against national textile corporation. the provisions contained in section 14(4) of sick textile undertakings (nationalisation) act, 1974 are very clear, which prohibits the employee from claiming any relief against the central government or national textile corporation. such person or employee may .....
Tag this Judgment!Court : Gujarat
Reported in : 1992ACJ399; AIR1992Guj122; (1992)2GLR976
..... section 20 of the coal mines (nationalization) act, 1973, section 23 of the coking coal mines (nationalization) act, 1972, in section 16(3) of plantation labour act, 198 1, section 10f of companies act, 1956, section 7(7) of payment of gratuity act, section 35 of central excises and salt act, 1944, section 6(7) of qua remuneration act, 1976 and in section ..... 5(c) of cinematograph act, 1952 provision identical ..... in its recent decision in the case of vinod gurudras raikar (air 1991 sc 2156) (supra) has supported the view that the claims tribunal acting under the act of 1988 has no jurisdiction to condone delay beyond the period of 12 months from the date of the occurrence of accident and such an .....
Tag this Judgment!Court : Gujarat
Reported in : 1(1992)ACC717
..... in section 20 of the coal mines (nationalization) act, 1973, section 23 of the coking coal mines (nationalization) act, 1972, in section 16(3) of plantation labour act, 1981, section 10f of companies act, 1956, section 7(7) of payment of gratuity act, section 35 of central excise of salt act, 1944, section 6(7) of qua rem uneration act, 1976 and in section ..... 5(c) of cinematograph act, 1952 provision identical to ..... of india has in its recent decision in the case of vinod gurud has raikar (supra) has supported the view that the claims tribunal acting under the act of 1988 has no jurisdiction to condone delay beyond the period of 12 months from the date of the occurrence of accident and such an application .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)26CTR(Guj)209; [1982]138ITR143(Guj)
..... valuation board [1950] 2 kb 398 , where it was held that for the purpose of compensation under s. 13(4) of the coal industry nationalisation act, 1946, the 'open market' value of certain mining timber was the value as restricted by a control of timber prices order, is not considered to have any general theoretical application to valuation ..... have been necessary, if so developed. at the date of resumption (compulsorily purchase) which is the relevant date for purposes of compensation under the public works act, 1922 (nsw), the land control regulations were in force and they ceased to apply to the land in question with effect from 1948 when the national security ..... power thereunder could not be exercised unless the conditions were complied with. they were fetters on the legislative power. section 299 of the government of india act in express terms said that the appropriate legislature had no power to make any law authorising the compulsory acquisition for public purposes of any land, etc., .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1985Guj146; (1985)1GLR216
..... the supreme court was, in the case, called upon to consider the validity of certain provisions of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966. the act imposed certain restrictions on hereditary trustees. the hereditary trustees contended that their office was 'property' and that restrictions imposed on the right to such property were not ..... are only pointing out that merely because there is some sort of restraint on the exercise of a right it need not be that every such restraint acts as a restriction. it may operate, as a restraint by way of regulation in order to protect the right itself such protection may be to retain ..... 25% should be reserved for students passing out from other secondary schools having no higher secondary education facility. the report, we must notice, had not been acted upon by the government, at any rate, in the form in which it had been presented to the government. the higher secondary education board after considering the .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR527
..... us to the decision of this court in r.c. cooper v. union of india : [1970]3scr530 which is popularly known as the bank nationalisation case, in which again the majority judgment was written by shah, j. then the learned counsel referred us to the decision in kesavananda bharati v. ..... and they are substantially severable, then they can be considered to come within section 2(j).constitutional and competently enacted legislative provisions may well remove from the scope of the act categories which otherwise may be covered thereby. : (1970)iillj266sc ; : (1963)iillj335sc ; : (1975)iillj409sc ; : air1963cal310 ; : (1962)illj241sc , : (1967)iillj720sc and : (1969)illj775sc , overruled ..... maintain the good relations with the employer and workman as a sole collective bargaining agent at being a representative union under the bombay industrial relations act, 1946, therefore, according to the petitioner, the petitioner has not satisfied the triple tests laid down by the bangalore water supply case. the .....
Tag this Judgment!Court : Gujarat
Reported in : (1998)2GLR1463
..... in case of dismissal, article 21 gets attracted and in view of the inter-dependence of fundamental rights which concepts was first accepted in the case of bank nationalisation and extended to cases attracting article 21 in maneka gandhi's case : [1978]2scr621 , punishment/penalty awarded has to be reasonable and if it be unreasonable, ..... of termination dated 15th march 1994 approached the gujarat secondary education tribunal at ahmedabad. the tribunal also found the charges proved. it was also expressed that the act on the part of the applicant who happens to be a teacher does amount to a serious misconduct. however, on the quantum of punishment, the tribunal considering ..... the service career of the applicant could have been averted. this observation of mine may not be construed to mean that if the fixation is delayed by the authorities, employee is justified to act in the manner in which the applicant has acted. it is an admitted fact that the applicant was declared surplus from the pallavi .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]152CompCas456(Guj); [2008]84SCL457(Guj)
..... are being disposed of by this common judgment and order. 2. both these company applications are filed by state of gujarat through the secretary, industries & mines department, sachivalay, gandhinagar. 3. company application no. 562 of 2007 is in relation to priyalaxmi mills, vadodara a unit of gujarat state textile corporation ( ..... favour of respective bank and financial institution with registrar of companies. however, such charges were released by virtue of the provisions contained in the nationalization act. the pre- nationalization dues comprised only of dues created under the management by private owner. the pre- nationalization dues of such secured creditors from ..... government on payment of the reserve price or on reconstruction under the provisions of the cotton textile companies (management of undertaking and liquidation or reconstruction) act, 1967 and entrusted to the gstc for management, and to lend money to textile mill or guarantee loans secured by textile mills for scheduled .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR1017
..... committee which was not a final or irrevocable decision but only a policy decision to advise the state government how to implement the policy on nationalisation, that could neither expressly nor by necessary implication involve a pre determination of the issue. therefore, even though to a road transport scheme preparation ..... government was satisfied as to the existence of the conditions, the existence of the satisfaction could not be challenged except on the ground that the authority acted mala fide. but if in reaching its satisfaction the central government misapprehended the nature of the conditions, or proceeded, upon irrelevant materials, or ignored ..... be a declaration of policy, concerning transfer of high court judges, affirmatively stating that they would never be transferred except with their consent and if acting upon this policy statement, the petitioner accepted judgeship and altered his position to his detriment, it would constitute a promissory estoppel and any action contrary .....
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