Court : Mumbai
Reported in : 2001(4)ALLMR311; 2002(1)BomCR619; 2002(1)MhLj183
..... facts in detail, necessary to appreciate the rival contentions, may be stated :--the petitioners herein are the government company established under section 9 of the general insurance business (nationalisation) act, 1972 having its registered office at 170-j, tata road, churchgate, mumbai 400020 ('the petitioner' for short).3. the respondents are a company incorporated under ..... arbitrator in respect thereof has to be treated in excess of his jurisdiction. in support of this submission, a reliance was placed on the case of rajasthan state mines & minerals v. eastern engineering enterprises, : air1999sc3627 . so far as the claim relating to the award of interest is concerned, it was contended that the ..... venture to read the mind of the arbitrators. the reliance in this behalf was placed on the judgment of the supreme court in case of rajasthan state mines and minerals ltd. v. easter engineering (supra). it was further urged that the award being a lump sum award, this court cannot examine as to .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(1)MhLj244
..... . 5.00 lakhs for 10 years policy period.the undersigned, along with dr. rajendra nistane, divisional manager, has also held discussions with the president of coal mines officers association of india along with its central executive body members during which we have explained them our scheme in detail on 10-3-1999 and they are ..... (2001)6scc477 . in the aforesaid case, the apex court held that the united india insurance company, being an acquiring company under the provisions of general insurance business (nationalisation) act, 1972, had the trappings of 'the state' being other authorities under article 12 of the constitution of india. it is further held that the acquiring company ..... the petitioner no. 1 and the representatives of the unions. it is also clear that under the said mou, it was also agreed that the employees of mines situated in district of chandrapur and other employees who may be covered subsequently, would be covered under the scheme from the date of payment received, but the .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(5)BomCR167; (2007)109BOMLR1253
..... 28th june, 1995 a scheme called 'general insurance (employees) pension scheme, 1995'. the scheme was notified in exercise of the power conferred by section 17a of the general insurance business (nationalisation) act, 1972. the petitioner communicated his option of joining the scheme. para 30 of the scheme provides for voluntary retirement and reads thus:(30). pension on voluntary retirement:(1) at .....
Tag this Judgment!Court : Mumbai
Reported in : [2002]109CompCas18(Bom)
..... court will tend to react adversely, regarding this as an encroachment upon its constitutional sphere.' 91. the court also quoted with approval the earlier judgment in the case of sanjeev coke ., : [1983]1scr1000 , wherein the court had held (p. 254): 'no one may speak for parliament and parliament is never before the court. after parliament has said what ..... wlr 180 (hl) was referred to and followed in the correct perspective. he also referred to a judgment of the supreme court in the case of kuju collieries v. jharkhand mines ltd., : [1975]1scr703 , to contend that the contract would be void vis-a-vis the defendants. in para. 8 of the judgment, the supreme court observed as follows ..... him to the relief to which he would otherwise be entitled. he also referred me to the another judgment of the chancery division in the case of mosely v. koffyfontein mines, ltd. [1911] 1 ch d 73. in that case, the plaintiff who was a director of the company at the relevant time had originated the alteration in .....
Tag this Judgment!Court : Mumbai
Reported in : 1983(2)BomCR747; [1984(48)FLR322]; (1984)ILLJ448Bom
..... the benefit of the payment of gratuity. the submission further is that as the scheme was framed under s. 16 of the general insurance business (nationalisation) act, 1972, the provisions of the section and the scheme framed thereunder shall have effect notwithstanding anything to the contrary contained in the act. shri ..... chedha points out that the general insurance business (nationalisation) act, 1972, came into force on september 20, 1972, while the payment of gratuity act came into force on september 16, 1972, and therefore, ..... ) reads as under :''employee' means any person (other than an apprentice) employed on wages, not exceeding one thousand rupees per mensem, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work, whether the terms of .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(2)BomCR677; (1994)IIILLJ929Bom
..... been filed against the respondents for their refusal to pay the amount of provident fund dues to the employees of national textile corporation for a period prior to the nationalisation. petitioner no. 1 is the trade union and is also representative and approved union under the bombay industrial relations act, 1946 for the employees of the cotton ..... controller under the act of 1951 appointed by the central government had taken over the management. from 1971 to 1974 respondent no. 5 was in the management. after the nationalisation on the appointed day i.e. from 1st of april, 1974 respondent no. 2 acquired right, title and interest in the ownership of respondent no. 4. the ..... of the same period on other occasions, is, according to me, inconsequential from the point of view of deciding this case on law point.19. the aforesaid decision of mine is also supported by the ratio of the case decided by the supreme court in rashtriya mill mazdoor sangh, nagpur v. the model mills, nagpur and anr. : (1984 .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)MhLj82
..... make payment of the bills connected with the hundi to the respondent no. 1. this practice was continued since 1959 till the coal mines (taking over of management) act, 1973, came into force. the custodian was appointed. the appointment date for the coal mines (nationalization) act, 1973, is 1st may, 1973. based on that, the custodian was inter-charged of the assets of the ..... from 31st january, 1973 to 30th april, 1973.3. the respondent no. 2 was doing a business of coal mining and owned ballarpur, shasli and ghugus coal mines. as per the practice, after despatch of the coal to the purchaser party, the respondent no. 2 used to prepare the bill of the goods sold and used to submit it for discount, along with hundies to .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(1)BomCR188; 1987MhLJ955
..... to make it economically viable by injecting public funds therein not merely at initial stage restructuring but also at subsequent stages of the management. every scheme of nationalisation must involve expert opinion. for ultimate success of a scheme various factors-present and future, anticipated and unanticipated play their part. providing for sufficient degree ..... when it develops. law on the point of limitation of the courts to examine the merits of nationalisation policy and/or scheme seems to be well-settled. we may make useful reference to the following observations in sanjeev coke (supra) in this connection.''the distribution between public, private and joint sectors and the extent and ..... case of d.k. trivedi v. state of gujarat, a.i.r. 1986 sc 1323 in the context of validity of section 139(1) of the mines and minerals (regulation and development) act, 1957, this is what the supreme court has observed :''where a statute confers discretionary power upon the executive or an .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)BomCR87
..... has held that the economic cost of social and economic reform are amongst the most vexed problems of social and economic change and constitute the core element in nationalisation. the supreme court held that the need for constitutional immunities for such legislative efforts at social and economic change recognise the otherwise unaffordable economic burden of reforms ..... that the supreme court has opined that this question, in this form, has not arisen for consideration in minerva mill's or waman rao's or sanjeeva coke's cases. he submitted that the supreme court has held that all these cases have proceeded on a premise that the unamended article 31-c stood revived. ..... territory for which the licence was conceded. this documents is granted to whomsoever demand the same in compliance with the terms of the law;h) special mining licence,- a mining licence the effect of which is analogous to the foregoing but which the government alone can grant to such persons as are held to fulfill the .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)ALLMR695; 2005(1)BomCR939; [2005(104)FLR539]; (2005)ILLJ951Bom; 2005(1)MhLj279
..... , without there being anything contrary under such statute or section 33-c(2), cannot fall within sub-section (2). consequently, the benefit provided in the bonus scheme made under the coal mines provident fund and bonus schemes act, 1948, which remains to be computed must fall under sub-section (2) and the labour court therefore had jurisdiction to entertain and try such ..... clear that all disputes relating to claims which may be computed in terms of money are not necessarily within the terms of section 33-c(2). again in chief mining engineer, east india coal co. ltd., v. rameswar and ors., shelat, j. observed :-'..... that the right to the benefit which is sought to be computed [under section 33-c(2)] must be .....
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