Court : Mumbai
Reported in : 1985(2)BomCR108; (1985)87BOMLR174; [1986(52)FLR11]; (1986)ILLJ384Bom; 1985MhLJ590
Dharmadhikari, J.1. This writ petition is filed by the petitioner-union against the order of the Full Bench of the Industrial Court, Maharashtra dated January 5, 1985 in Application (MRTU) No. 20 of 1983. It appears that the following question was referred to the Full Bench of the Industrial Court, Maharashtra, for consideration :'Whether the term 'strike' appearing in Ss. 12(6) and 13(1)(v) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, means a strike only in the very undertaking for which the Applicant Union has applied for recognition and/or has obtained recognition under the Act, orWhether it also means a strike in any undertaking other than the undertaking for which the Applicant Union has applied for recognition and/or has obtained recognition under the Act.'2. The Full Bench of the Industrial Court held that the term 'strike' appearing in Ss. 12(6) and 13(1)(v) of the Act means a strike only...
Tag this Judgment!Court : Mumbai
Reported in : (1989)91BOMLR770; [1990(60)FLR686]; (1991)ILLJ89Bom
..... authorities having a corporate structure and exercising autonomy in certain spheres will certainly be useful for determining as to whether the state bank of india and the nationalised banks are establishments under the central government .....'thereafter in paras 15 and 16 it is further observed as follows (p. 433) :'..... as regards the ..... rights, the decisions in the cases dealing with art. 12 could not be made the basis for the decision that the state bank of india and nationalised banks were the establishments under the central government within the meaning of the acts referred to above with regard to shops and commercial establishments. even though ..... reported in : (1988)iillj423sc . in that case the question was whether under the tamil nadu shops & establishments act, the state bank of india and other nationalised banks were establishments under the central government. while dealing with this contention the supreme court has observed as under (p. 430) :'..... it was urged by the .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(5)BomCR33
A.C. Agarwal, J.1. The petitioner No. 1 is a Trust by name St. Anthony's High School Trust. Petitioner No. 2 is Shri Inacio Almeida Coutinho, a major Trustee of the first petitioner Trust. By this petition they seek to impugn an Order passed by the Government of Goa on 10th January, 1994 purported to have been passed under section 20 of the Goa, Daman and Diu School Education Act, 1984 (hereinafter referred to as the Act), taking over the management of their School which is being run at Assolna, Goa.2. A few facts which has led to the filing of the petition may be stated.The aforesaid St. Anthony's High School is being run since 1921. As far as the first petitioner Trust is concerned, it was formed under a Deed of Trust dated 28th August, 1964 and the management of the School was taken over by the said Trust. During the period 1981 to 1985 one Smt. Irene Ferreira was the principal of the School. When she was appointed Headmistress in 1981 she had superseded Smt. A.M. Almeida who is the...
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)BomCR899; [2008(116)FLR457]; 2007(6)MhLj185
V.M. Kanade, J.1. Both these Petitions can be disposed of by a common order since the parties to both these Petitions have challenged the common order which is passed by the Industrial Tribunal in Reference (IT) No. 43 of 2002.2. The Industrial Court partly allowed the Reference and directed the appropriate Government to take necessary action under Section 10(1), (2)(a) to (d) of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'CLRA Act') within a reasonable period. The Tribunal held that the contract which was entered into between the Contractor and the Company was not sham and bogus but was a genuine contract. However, on the basis of other material on record, it directed the appropriate Government to take necessary action under the aforesaid provisions of the CLRA Act.3. Being aggrieved by the directions given by the Industrial Court to the appropriate Government to take action under the provisions of Section 10(l)(2)(a) to (d) of the CLRA Act, t...
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR154
Ranjana Desai, J.1. Rule. Respondents waive service. With the consent of the parties and at the request of the counsel, taken up for hearing.2. The applicant, who is an advocate, is the author of a book entitled 'Islam - A concept of Political World Invasion By Muslims' ('the book'). The book was published in 2003 by National Publications, 76, Bajaj Bhavan, Nariman Point, Mumbai of which the applicant claims to be the proprietor. The book was translated into Hindi by Dr. Anil Misr.3. In exercise of powers conferred by Sub-section (1) of Section 95 of the Code of Criminal Procedure, 1973 ('the Code') the Government of Maharashtra issued a notification dated 9/3/2007 ('the Notification') and declared that every copy of the book as well as of the translation thereof shall be banned and forfeited to Government. The Notification is as follows:NOTIFICATIONGeneral Administration DepartmentMantralaya, Mumbai - 400 032Dated the 9th March, 2007Code ofCriminalProcedure, 1973.No. PUB2007-C.N.15/07...
Tag this Judgment!Court : Mumbai
Reported in : [1979]49CompCas686(Bom)
..... statement of claim (which was admitted by the defendant), and alleging that 'on divers other occasions' the defendants had taken orders from 'divers other persons' for coal from the plaintiffs' colliery, and fraudulently supplied coal not purchased from the plaintiffs, it was observed that there is no hard and fast rule as to the class of cases in which particulars will be .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(3)ALLMR259; 1998(3)BomCR590
ORDERF.I. Rebello, J.1. Rule in all petitions. Respondents waive service. By consent heard forthwith.Writ Petition No. 1761 of 1997 is preferred by the company against the order dated 25th September, 1997 passed by the Industrial Court, Mumbai. The company has been restrained temporarily to act on the V.R.S. application or to refuse to allot work and to pay wages to enlisted workers till further orders with a further direction that the 55 (fifty-five) enlisted employees be allowed to work and be paid wages subject to deposit of their cheques with the respondent company.Writ Petition No. 1917 of 1997 has been preferred by the Union claiming to represent the workers employed by the company, being the only trade union of employees of the petitioner company. The reliefs in the petition amongst others are to restrain the company from acting on the V.R.S. announced by notice dated 8th August, 1997; restrain the company from selling, disposing or in any manner alienating the plant, machinery,...
Tag this Judgment!Court : Mumbai
Reported in : AIR1982Bom341; 2(1982)DMC204
Dharmadhikari, J.1. The appellant-plaintiff Dr. Abdur Rahim under married Smt. Padma, respondent-defendant in the United Kingdom on 5th May 1966. At the time of marriage plaintiff Abdur Rahim was a Mohainmedan where as respondent Padma was a Hindu. Both of them were Indian citizens. Their domicile was India. Both of then held Indian passports. On 6th of May 1965 the plaintiff and the defendant went to the office of Registrar of Marriages at Weymouth. Before that a necessary notice of intention to marry was already given. There after on 6th May 1966 the parties went through the marriage ceremony before the Registrar and the said marriage was duly registered. The marriage certificate relating to this marriage duly authenticated and certified copy is also on record. From this certificate it appears that the marriage Act, 1949. After this marriage birth of Shabnam took place on 18th of May 1957. Of Shama on 19-11-68. Thereafter on 4th Apr., 1969 the plaintiff and the defendant with their c...
Tag this Judgment!Court : Mumbai
Reported in : AIR1981Bom190
ORDER1. This is an unfortunatepiece of litigation. The petitioner before me was the plaintiff in the trial Court. He got a decree for possession in his favour. The decree was set aside by the appellate Court. As will be seen from the final order, the petitioner is succeeding so far as the present petition is concerned. However, as to when the present petitioner will reap the fruits of this decree is anybody's guess.2. The facts of the case are as follows :--(a) This litigation arises out of the Bombay Rents, Hotel and Lodging House Rates (Control) Act 1947, (hereinafter referred to as the 'Rent Act'). The property in question is part of final plot Nos. 606/A and 606/B, numbered as C.I.5. Nos. 1225/A-l 1225/1/B2. The property in dispute originally admeasured 11,000 sq. feet situated at a very prestigious road called Ferguson Road in Poona. The property originally belonged to one Trimbak Hari Awate. On 28-4-1947, the said Awate executed a simple mortgage in respect of the entire property...
Tag this Judgment!Court : Mumbai
Reported in : I(2007)ACC109; AIR2006Bom278; 2006(5)BomCR663; 2006(4)MhLj217
..... act and having their registered office at mangalore and branch office inter alia at mahim. the defendants are an insurance company carrying on business of general insurance prior to its nationalisation. on nationalisation of the general insurance business under the provisions of the general insurance (acquisition and transfer of undertakings) act, 1972, the defendant company has been merged with the general insurance .....
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