Court : Mumbai
Reported in : 1998(1)BomCR407; 1997(3)MhLj456
..... other amounts due to the employee in relation to the pre-take-over management period. these provisions are similar to those contained in section 21 of the sick textile undertakings (nationalisation) act, 1974. in m. asghar v. union of india, : (1987)illj440sc , the said provisions giving lower priority to the amounts due to the employees in relation ..... prior to the taking over of the management of the textile undertaking are not taken over by the n.t.c. is also borne out by the textile undertakings (nationalisation) ordinance, no. 6 of 1994 promulgated by the president on june 27, 1995. the said ordinance provides for the acquisition and transfer of the textile undertakings specified ..... or restrict the scope of the enactment and only where the object or meaning of an enactment is not clear the preamble may be resorted to explain it. (see: burrakur coal co. ltd. v. union of india), : [1962]1scr44 and m/s. motipur zamindary co. (p) ltd. v. the state of bihar, : air1962sc660 . here we find that .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR358; 2007(5)BomCR654; (2007)109BOMLR1731; [2007(115)FLR761]; (2008)ILLJ775Bom; 2007(6)MhLj393
..... insurance for discharge of the liability of payment of gratuity. the section 5 deals with the power of the appropriate government to exempt any establishment, factory, mine, oilfield, plantation, port, railway company or shop from the applicability of the said act. the section 6 empowers the employees to appoint their respective nominees ..... commencement thereof. it applies to every factory, mine, oilfield, plantation, port, railway company. it also applies to every establishment and shop wherein ten or more persons are employed on any day of preceding 12 ..... therefrom the operation of section 5 of the limitation act.9. the said act deals with the subject of gratuity payable to the employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments. the section 1 of the said act speaks of its title, its extent of applicability and .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)ALLMR428; (1999)IILLJ93Bom
..... sections 13 and 14 of the payment of gratuity act, 1972 which read as under:'13. protection of gratuity. no gratuity payable to an employee employed in any establishment, factory, mine, oil field, plantation, port, railway company or shop exempted under section 5 shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal .....
Tag this Judgment!Court : Mumbai
Reported in : (1982)84BOMLR608
..... down in v.g. row's case (supra) have been repeated.96. in rustom cavasjee cooper v. union of india : [1970]3scr530 , popularly known as the bank nationalisation case, after referring to mohammad yasin's case (supra) and dwarkadas's case : [1954]1scr674 , the court held that the restriction imposed upon the right of the ..... regulation of labour in general. the conclusion therefore is that entries 54 and 55 whether together or independently of each other confine themselves to regulation of labour in mines and do not deal with regulation of labour in general. the regulation of labour in general is covered by entries 22, 23 and 24 in the concurrent ..... contract labour system in various industries and establishments for various occupations had become the rule of the day. in engineering, cotton textile, cement, paper, coir-matting, mining and even in central and provincial public works departments, contract labour was employed on a large scale and the percentage of such labour varied from 10 to 25 of .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)BomCR426; [1999(81)FLR900]
..... sections 13 and 14 of the payment of gratuity act, 1972, which read as under:-'13. protection of gratuity.-no gratuity payable to an employee employed in any establishment, factory, mine oilfield, plantations, port, railway company or shop exempted under section 5 shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(4)ALLMR718; 2001(4)BomCR103; [2001(89)FLR1015]; (2001)IILLJ273Bom
..... an 'employee' as given under the payment of gratuity act, 1972 which reads as under:'employee' means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semiskilled or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied .....
Tag this Judgment!Court : Mumbai
Reported in : (1989)IILLJ364Bom
..... paragraph 21 above, at the time when the petitioners set up this plant, they seem to have made an enquiry with the government of india, ministry of steel and mines, department of steel as to whether their plant requires a licence under the industries (development and regulation) act, 1951. the said ministry by its letter dated 4/5th ..... or indurated at a temperature of 1325 dgree c. in other words, pelletization is merely a benefication or preparation or ore dressing which is necessary since run-of-mine ore (referred to as rom) is not marketable. these pellets are used for feeding blast furnaces in the production of steel as well as in the production of ..... in blast furnace where the iron bearing oxide materials are malted at very high temperature (around 1400 dgree c) along with limestone and coke. in the process, carbon-monoxide derived derived from the coke react with the fe2 o3 in the iron bearing raw materials causing oxygen to be removed and leaving only fe. the impurities like alumina .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom366; 1984MhLJ534
..... ground urged is that the decision is no longer a good law in view of the subsequent decision of the supreme court, : [1983]1scr1000 , sanjeev coke manufacturing company v bharat coking coal ltd. the submission cannot be accepted and both the reasons suggested by the learned counsel are devoid of anymerit. the first submission that the question of validity ..... and overruled in the decision of the supreme court in : [1970]3scr530 , r.c. cooper. v union of india. in this case dealing with challenge to the nationalisation of banks, mr. justice j,c. shah, speaking for the bench , observed in para 62 of the judgment that art, 31(2) requires that property must be ..... act, and confers power to sell the land vested in the board, expression 'development' is defined under section 2(13) and means 'carrying out of building , engineering , mining or other operations in or over,, or undder, any land (including land under sea , crock, river, lake or any other water) or the making of nay material change .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)MhLj129
..... the is on the fact that they are the employees of a fully owned government company/undertaking which runs the nationalised activity of coal mining, and that they have been acting in good faith though their present mining is admittedly without prior permission.it is seen that the conduct of the wcl, the employer of the applicants ..... contentions raised by the applicants have been countered by the respondent on following contentions and pleas :-(i) the arrest and interrogation and discovery of illegally conducted/undertaken mining operation was necessary and that under the garb of statutory authority and deemed extension of lease the applicants are not co-operating with the investigation.(ii) the ..... was liable to be deemed as continued under sub-rule (6) of rule 24-a as referred to in foregoing sub-para.(iii) the coal bearing act and law relating to mining have got overriding effect, and in any eventuality, no illegality was committed by the applicants and no offence was committed by them,(iv) .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
..... hand, justice shah took extremely wide view that every tax and several other impediments, such as, prohibitions, tariffs, licencing, marketing regulations, price control, nationalisation, economic or social planning, discriminatory tariffs, compulsory appropriation of goods, freezing or stand-still orders and similar other impediments operating directly and immediately on the ..... of private forests under entry 19 of list ii read with entry 42 of list iii and incidentally touches leasehold rights and other rights in mining leases or prospecting licences and therefore the encroachment being incidental the enactment must be held to be valid. this challenge, therefore, also fails ..... on them, shrubs, bushes, woody vegetation, undergrowth, pastures, honey-combs attached to trees, juices dried on trees, things embedded in the earth like mines and quarries with their produce locked up in the land, wild and stray animals (excluding domestic animals like cows, buffalos, goats, sheep etc.) living in .....
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