Court : Mumbai Nagpur
..... cat had allowed the claim as above, after rejecting the contention of the petitioners that the last working day of the respondents was 31/03/1995 and the benefit of amendment made on and with effect from 01/04/1995 cannot be made available to them as they got retired on 31/03/1995. 3. heard the submissions at the bar ..... day. a legal day commences at 12 oclock midnight and continues until the same hour the following night. this principle is in conformity with section 4 of the indian majority act. 6. another ruling in the case of union of india vs. george reported in 2004 (1) administrative total judgments 150 (kerala high court) is also pressed into service before us .....
Tag this Judgment!Court : Mumbai Nagpur
..... of reservation. protection can be granted if appointee has right to the employment under the relevant rules and after a proper competition amongst qualified persons, after due process of selection under relevant rules vide ruling in the case of state of bihar ..... be led to interpret or explain those entries. synonimity is no excuse. not permissible for state government/court to modify; amend; alter entries as they are to be read as they are. no inquiry at all is permissible and no evidence ..... /halba koshti. 9. mah. sc, st, dt, nt, obc and sbc (regulation of issuance and verification) caste certificate act, 2001 and the rules framed thereunder prescribe offences/penalties for fraudulent claims and for false caste certificate or information. the rules require ..... is rendered illegal. followed state and others .vs. ravi prakash babulalsing parmar and another, 2007 (1) bom. c.r.(sc) 102, (2007) 1 scc 80. air 2007 sc 295 ashok bhaskar chaulkar vs. central bank of india and others, 2009(3) bcr .....
Tag this Judgment!Court : Mumbai Nagpur
..... and omnibus. without observing anything on merit, therefore, it would be expedient to quash and set aside impugned order with direction to the petitioner/plaintiff to amend paragraph 16 of the plaint in order to incorporate detailed pleading for the payment of court fees as to value the suit for purposes of jurisdiction and ..... length. perused plaint, application, reply thereto and impugned order passed by the trial court. i have gone through the relevant provisions of the maharashtra court fees act, suit valuation act and the code of civil procedure. 6. learned counsel for petitioner has relied upon ruling in inderlal panwarmal v. khialdas and ors reported in 1969 dgls ..... chettiar and meenakshisundaram chettiar v. venkatachalam chettiar that in a suit for declaration with consequential relief falling under section 7 (iv) (c) of the court fees act, 1870, the plaintiff is free to make his own estimation of the reliefs sought in the plaint and such valuation both for the purposes of court fee .....
Tag this Judgment!Court : Mumbai Nagpur
..... bonus of the employees. the industrial court has directed the petitioner-employer to pay the difference of bonus for the years 2006-2007 and 2007-08 as per the provisions of the amended section 12 of the payment of bonus act, 1965 on the basis of monthly salary or wages of rs.3,500/- instead of rs.2,500/, after deducting the ..... at the rate of 20% needs to be calculated on the basis of salary or wages of rs.3,500/- per mensem, as per the amendment to section 12 of the said act with effect from 1-4-2006, it is necessary to look into the availability of allocable surplus with the employer for the relevant accounting years. according ..... industrial dispute? only. subsequently, the concept of unfair labour practice? is also introduced by way of an amendment by act no.46 of 1982 with effect from 2181984 under the industrial disputes act. this, however, does not mean that if an act complained of amounts to unfair labour practice?, the same cannot be decided under the provisions of the mrtu and .....
Tag this Judgment!Court : Mumbai Nagpur
..... and omnibus. without observing anything on merit, therefore, it would be expedient to quash and set aside impugned order with direction to the petitioner/plaintiff to amend paragraph 18 of the plaint in order to incorporate detailed pleading for the payment of court fees as to value the suit for purposes of jurisdiction and ..... length. perused plaint, application, reply thereto and impugned order passed by the trial court. i have gone through the relevant provisions of the maharashtra court fees act, suit valuation act and the code of civil procedure. 6. learned counsel for petitioner has relied upon ruling in inderlal panwarmal v. khialdas and ors reported in 1969 dgls ..... chettiar and meenakshisundaram chettiar v. venkatachalam chettiar that in a suit for declaration with consequential relief falling under section 7 (iv) (c) of the court fees act, 1870, the plaintiff is free to make his own estimation of the reliefs sought in the plaint and such valuation both for the purposes of court fee .....
Tag this Judgment!Court : Mumbai Nagpur
..... also filed an application for interim relief on account of fresh cause of action, which was sought to be incorporated in the complaint by way of amendment. the said application for amendment was replied to by the petitioner-company, however by an order passed by the labour court the said application came to be allowed and consequently the ..... dismissal based on the enquiry report. in the said complaint, the respondent no.3 filed an application for interim relief under section 30 (2) of the said act. in the said application an order of status quo came to be passed on 11/02/2009 and thereafter by order dated 09/03/2009, the application for ..... ), (b), (c), (d), (f) and (g) of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practice act, 1971 (hereinafter referred to as to the "said act"). the complaint was filed at the intermediate stage when the enquiry officer, who had conducted the enquiry against the respondent no.3-complainant, had submitted his .....
Tag this Judgment!Court : Mumbai Nagpur
..... which stipulates that every other order against which appeal is not provided, is final, but always subject to provisions for revision. the provisions of section 2 of the "amending act" stipulates that this sub-section shall be deemed always to have been enacted in this form in section 152. therefore, though section 101[3] makes the certificate ..... subject matter of said consideration and the division bench has decided the controversy in the light of the guidelines contained in the above mentioned circular. after 18.05.2007 the position has undergone change. this judgment therefore, also is of no use here. 10. mrs. dangre, learned additional government pleader has pointed out that the ..... court in appeal against said order. jayant then approached the learned single judge of this court in writ petition and the same was disposed of on 14.12.2007. the high court through its learned single judge directed jayant to deposit amount of rs. 95,00,000/- and also directed the cooperative court to decide .....
Tag this Judgment!Court : Mumbai Nagpur
..... whereas the petitioner examined its witnesses in support of its case. the labour court adjudicated upon the said application filed under section 33c(2) of the industrial disputes act and by the impugned judgment and order dated 15/11/2010 allowed the same and issued the following directions. (i) application is allowed. (ii) the non- ..... services were terminated illegally without notice and/or wages in lieu of such notice and therefore was in contravention of section 25f and 25h of the industrial disputes act, 1947. 4. the said complaint was resisted by the petitioner herein by filing its written statement. it was the case of the petitioner that the respondent ..... in the industrial court, bhandara. the industrial court, bhandara by its judgment and order dated 3/9/2007 dismissed the said revision. the petitioner thereafter filed a writ petition in this court being writ petition no.1222 of 2007 challenging the judgment and order passed by the labour court as well as the industrial court. the .....
Tag this Judgment!Court : Mumbai Nagpur
..... narendra r. parmar), services were terminated by a subsidiary company and in u.l.p. complaint bank as also its that subsidiary were joined as parties. in 2007 iii clr 982 (maharashtra state cooperative cotton growers marketing federation vs asha josef d'mello), it was shown to learned single judge of this court that witness ..... shri v.r. thakur, learned counsel has attempted to show that division bench view of this court in fulchand baburao gedam vs. lokmat newspapers ltd. reported at 2007 iii clr 619 that u.l.p. complaint is maintainable when issue of contract labour is not involved either directly or indirectly, is also not correct. there the ..... enacted to provide for the regulation of the relation of employers and employees in certain matters and to consolidate and amend the law in relation to the settlement of industrial disputes. the u.l.p. act was enacted to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings; to state their rights .....
Tag this Judgment!Court : Mumbai Nagpur
..... 15(2) inter alia discloses that an enquiry is postulated after the election petition is filed and thereafter the learned judge may pass an order, confirming or amending the declared result or setting aside the election and for the purposes of the said enquiry, the learned judge may exercise all the powers of a civil court ..... the present case. 13) as indicated above, in view of the fact that the civil procedure code applies to an election petition filed under section 15 of the said act, the challenge to the impugned order on the ground that a common election petition not being maintainable thus fails. 14) insofar as entitlement of the election petitioners ..... the maintainability of the common election petition is concerned, the said objection was overruled by the learned judge relying upon section 15(3) of the bombay village panchayats act, 1958. as regards rejection of the nominations of the election petitioners, the learned judge held that in view of the judgment of the apex court and this .....
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