Court : Orissa
HIGH COURT OF ORISSA: CUTTACK W.P.(C) No.28343 of 2011 In the matter of an application under Articles 226 & 227 of the Constitution of India. -------Coal Mines Officers Association, Talcher Area (Sub-Branch), Represented by Sri Umakanta Mohanty, At/P.O. Talcher, Dist: Angul, At present General Manager, Mahanadi Coal Fields Ltd. Petitioner -VersusChairman-cum-Managing Director, Coal India Ltd., 10 Netaji Subash Road, Kolkata-700001 and others Opp. Parties For Petitioner : Mr. B.K. Mahanti, Sr. Advocate M/s. Bibek A. Mohanti, S.K. Mishra, A.R.Mohanty, M. Raul & M. Wright. For Opp. Parties : M/s. S. Ray & A.C. Rath (Caveator)) ---------- P R E S E N T: THE HONOURABLE THE CHIEF JUSTICE SHRI V.GOPALA GOWDA AND THE HONOURABLE SHRI JUSTICE B.N.MAHAPATRA Date of Judgment:08. 10.2012 B.N.Mahapatra,J.This writ petition has been filed with a prayer to quash the order dated 29.9.2011 passed by opp. Party no.1-Chairman-cum- 2 Managing Director, Coal India Limited under Annexure-1 wherein opp. Par...
Tag this Judgment!Court : Kerala
Reported in : 2009(1)KLT77
V. Giri, J.1. The constitutionality of certain provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter referred to as the 'Sand Act') and the validity of some of the provisions contained in the Rules framed thereunder (hereinafter referred to as 'the Rules') have been challenged in these writ petitions.2. Challenge has been mounted in certain writ petitions against the proceedings taken for alleged contravention of the Act and the Rules framed thereunder, essentially resulting in the confiscation of the vehicles belonging to the petitioners. The competence of the State legislature to enact the Act in question itself has been questioned in some of the writ petitions, though the focus of the submissions made by the learned Counsel for the petitioners, in this regard, has also been centered around the validity of certain provisions in particular. Since, pleadings are complete in W.P.(C). No. 15847 of 2008, I have taken up the same as the...
Tag this Judgment!Court : Kolkata
Reported in : (2001)3CALLT4(HC),[2001(91)FLR778]
A.K. Mathur, C.J.1. This is an appeal directed against the order passed by the learned single Judge dated 25th August, 2000 whereby the learned single Judge has allowed the writ petition and directed the respondent No.4, the Disciplinary Authority to complete the disciplinary proceeding in accordance with law and till disposal of the disciplinary proceeding, the respondent No. 2 was restrained to interfere with the proceeding initiated against the petitioner.2. The brief facts which are necessary for disposal of the appeal are that the petitioner was appointed as Assistant Colliery Manager, Kendua D Colliery of M/s East India Coal Co. Ltd. and was posted at Kendua, Dhanbad, Bihar. Thereafter, he resigned and joined Marine Coal Co. Bengal (P) Ltd. After the passing of the Coal Mines Nationalisation Act. 1972 the Government of India took over all the companies and formed Coal India Limited (hereinafter referred to as CIL) under the provisions of Companies Act, 1956. After taking over of ...
Tag this Judgment!Court : Jharkhand
Reported in : [2008(3)JCR585(Jhr)]
R.K. Merathia, J.1. Heard the parties at length.2. Both the connected cases are being disposed of by this common order.W.P.S. No. 5918 of 20033. This writ petition has been filed for a direction upon the respondents to pay- the arrears of salary with effect from September, 2002; arrears on account of dearness allowance (DA) along with interest from January, 1998; the salary at par with the State Government teachers etc.Contempt (Civil) Case No. 250 of 20044. This contempt case has been filed alleging violation of the following interim order passed in the said writ petition on 5.12.2003.Mr. S.L. Agarwal learned Counsel appearing for the respondent prays for time to seek instruction and file counter affidavit. Put up this case after six weeks.In the meantime, if the respondents are taking work from the petitioner, he should be paid his salary.5. Common arguments were advanced in the writ petition and the contempt petition as follows.6. Mr. Jha, learned senior Counsel appearing on behalf ...
Tag this Judgment!Court : Kolkata
Reported in : [1989]175ITR440(Cal)
Ajit K. Sengupta, J.1. At the instance of the Commissioner of Income-tax, West Bengal-II, the following question of law has been referred to this court under Section 256(2) of the Income-tax Act, 1961, for the assessment year 1962-63 :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the sum of Rs. 50,000 paid as compensation was an expenditure of a revenue nature and was an allowable deduction under Section 37(1) of the Income-tax Act, 1961 ?'2. The facts relating to this application are that the assessee, who is the owner of the collieries known as Pure Shampoor Collieries, appointed one Mr. Mehta for proper and efficient management of the said collieries by an agreement dated March 2, 1954. The agreement was effective from March 1, 1954, for a period of five years. The agreement was renewed and was operative till January 1, 1964. However, before the expiry of the second period of five years, the agreement was terminated on February 2...
Tag this Judgment!Court : Jharkhand
INTHEHIGHCOURTOFJHARKHANDATRANCHI W.P.(C)No.4727of2010 SadhvendraSingh@SadhoSingh .....Petitioner vs. 1.BharatCokingCoalLtd.DistrictDhanbad 2.TheProjectOfficer,ROCP/SouthJhariaKustore AreaNo.III,KustoreArea,Bharat CokingCoalLtd.,DistrictDhanbad 3.EstateOfficer,KoyalaBhawan,KoyalaNagar, DistrictDhanbad ...PrincipalDefendants/Respondents 4.SurendraSingh 5.MadhavSingh@MadhvendraSingh 6.SunilSingh 7.SanjaySingh ..ProformaDefendants/ProformaRespondents 8.VijayBahadurSingh 9.AnjaniKumarSingh 10.RajKumarSingh 11.AjayKumarSingh ...Interveners/Respondents CORAM:HONBLEMR.JUSTICEAPARESHKUMARSINGH ForthePetitioner :Mr.AyushAditya,Adv. FortheRespondentBCCL :Mr.IndrajitSinha,Adv. FortheRespondentnos.8to11:Mr.RohitRoy,Adv. 6/3.5.2017 Heardlearnedcounselfortheparties. PlaintiffinTitleSuitNo.3of1999institutedintheCourtofSub JudgeIst,Dhanbadisthepetitionerherein.RespondentB.C.C.Landits officialwereimpleadedasprincipaldefendantswhileotherpartiesbeing the brothersoftheplaintiffswereimpleaded asprof...
Tag this Judgment!Court : US Supreme Court
Santa Cruz Fruit Packing Co. v. Labor Board - 303 U.S. 453 (1938) U.S. Supreme Court Santa Cruz Fruit Packing Co. v. Labor Board, 303 U.S. 453 (1938) Santa Cruz Fruit Packing Co. v. National Labor Relations Board No. 536 Argued March 7, 1938 Decided March 28, 1938 303 U.S. 453 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. A corporation was engaged, in California, in the business of canning fruits and vegetables, raised in the State, and in disposing of its large output locally and in interstate and foreign commerce, 37% going to destinations beyond the State, partly on f.o.b. shipment and much of it by water. The goods shipped by boat were carried to the wharves on trucks loaded at the plant by warehousemen employed there. Many of these, upon being locked out by the company for having joined a labor union, formed a picket line, and this was so maintained that eventually the movement of trucks from warehouse to wharves ceased entirely. The team...
Tag this Judgment!Court : Jharkhand
Reported in : 2003(2)BLJR1602; [2003(3)JCR189(Jhr)]
S.J. Mukhopadhaya, J.1. Both the petitioners-Management of Nirsa Area of M/s, Eastern Coalfields Ltd. (for short-ECL) and the workmen have preferred the writ petitions against the common award dated 17th January, 1997 passed by the learned Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad in Reference No. 43/1990, whereby and whereunder, while he held the action of the Management of Badjna Colliery in denying employment to Basudeo Bhuiyan and 682 others not justified, directed the petitioner management to employ at least 105 to 110 workmen w.e.f. 1979, within two months from the date of publication of award.About 683 workmen sponsored by their Union, i.e., petitioner of CWJC No. 2047 of 1997(R) pleaded that all the 683 workmen as shown in the chart presented by them, were employed in Durga Boka Pahari Colliery, now a part of Badjna Colliery since before nationalization of coal mines in the year 1973. Before nationalization, there was some dispute between one Shri...
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR611; 2007(5)BomCR481; (2007)109BOMLR1959; 2008(1)MhLj753
P.R. Borkar, J.1. This is a petition filed by the Proprietor of M/s Akanksha International, which has purchased the land, building, plant and machinery of M/s Amar Amit Jalna Alloys Private Limited in auction sale conducted by the secured creditor under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as, 'the Securitisation Act, 2002'), for direction to the respondent Electricity Distribution Company to consider application for fresh electricity connection to the petitioner and to quash and set aside the letter dated 1.6.2007 issued by the respondent to the petitioner as illegal. By the said letter the respondent has insisted on the petitioner to pay an amount of Rs. 3,30,78,926.87 plus interest which were arrears of electricity charges due from erstwhile consumer M/s Amar Amit Jalna Alloys Private Limited.2. The petitioner stated that the State Bank of India, Jalna Branch had granted fi...
Tag this Judgment!Court : Jharkhand
Reported in : [2004(2)JCR136(Jhr)]
ORDER1. After nationalization and take over of North Tisra Colliery by M/s. Bharat Coking Coal Limited, Dhanbad, with effect from 1.5.1972, the management introduced uniform policy to pay Category I wages to all the workers. Ten Clay Cartridge Mazdoors of North Tisra Colliery, including Rain Swamp Paswan, deceased father of the respondent No. 1 raised industrial dispute and the Central Government referred the following dispute to the Central Government Industrial Tribunal No. 2, Dhanbad, under Section 10 of the Industrial Disputes Act, 1947.Whether the demand of the workmen of North Tisra Colliery of M/s. Bharat Coking Coal Limited, PS Khas Jeenagora, District Dhanbad that the management should treat Sarvashri Ram Swarup Paswan, Hira Yadav, Sushila Ravidasin, Rohan Rajwar, Be-hari Bhuiya, Ganesh Bhuiya, Jogish Bhuiya, Sadhu Bhuiya, Suraj Narayan and Hari Narayan Singh, Clay Cartridge Mazdoors as their workmen and that they should be paid Category I wages is justified? If so, to what re...
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