Court : Chennai
Reported in : (1981)IILLJ360Mad
1. As all these writ appeals and the writ petitions raise a common question, they are dealt with together. However, it is unnecessary to set out the facts in all the cases as the facts are substantially the same and it is sufficient to refer to the facts in the first case, viz., Writ Appeal No. 44 of 1977.2. Messrs. Simpson & Co., Ltd., Madras filed an application on 19-5-1976 under S. 25M(2) of the Industrial Disputes Act. 1947 as amended, hereinafter referred to as the Act to the Joint Commissioner of Labour, Madras seeking permission to continue the lay-off of 139 of 432 workmen employed in the establishment with effect from 5-3-1976, for the reason set out in Item 21 of the Annexure to the application. The reasons set out in the said Annexure were (1) non-availability of essential raw materials to run the operations in the Carriage department and the Light Engineering section, (2) acute power shortage, (3) no possibility of procuring orders due to non-availability of raw materials ...
Tag this Judgment!Court : Chennai
Reported in : (1982)1MLJ394
G. Ramanujam, J.1. As all these writ appeals and the writ petitions raise a common question, they are dealt with together. However, it is unnecessary to set out the facts in all the cases as the facts are substantially the same and it is sufficient to refer to the facts in the first case, vis., W.A. No. 44 of 1977.2. Messrs. Simpson & Co., Ltd., Madras, filed an application on 19th May, 1976, under Section 25-M(2) of the Industrial Disputes Act, 1947, as amended, hereinafter referred to as the Act, to the Joint Commissioner of Labour, Madras, seeking permission to continue the lay-off of 139 out of 432 workmen employed in the establishment with effect from 5th March, 1976, for the reasons set out in item 21 of the Annexure to the application. The reasons set out in the said Annexure were : (1) non-availability of essential raw materials to run the operations in the carriage department and the Light Engineering Section; (2) acute power shortage; (3) no possibility of procuring orders du...
Tag this Judgment!Court : Chennai
Reported in : (1982)ILLJ86Mad
Natarajan, J.1. These writ petitions have been clubbed together and posted before us for disposal by a common order since all of them relate to proceedings under the payment of Gratuity Act (No. 39 of 1972), hereinafter referred to as the Act. Most of the petitions have been filed by the Managements of various companies, while the rest of them have been filed by the employees. Since the facts differ in the various batches of cases, we shall deal separately with each batch, and wherever necessary, common questions of law will be dealt with collectively. 2. The first batch of cases, viz, Writ Petition Nos. 1551, to 1553, 1590 to 1598 and 635, of 1976, 2028, 2058, 2073, 2168 and 2170 to 2172 of 1978, 2451 to 2454 of 1978, 2469 to 2471 of 1978, 2570, 2662, to 2665 of 1978, 4136 of 1978, 26 and 614 of 1979, 1732, 1959, 2005 to 2008, 2085, 2122, 2134, 2135, 2171 to 2175, 2412, 2427, 3156 to 3158, 3163 to 3165, 3166, 3567, to 3571, 3972, 4022 to 4029, 4053 to 4058, 4252 to 4255, 4257 to 4259,...
Tag this Judgment!Court : Chennai
Reported in : [1983]144ITR890(Mad)
Pasmanabhan, J.1. The assessee in this case Mrs. K. T. M. S. Umma Salma, Madras, purchased a land on September 28, 1966, for a sum of Rs. 45,000. She should have filed the return of income for the assessment year 1967-68, on or before June 30, 1967. On August 7, 1968, she returned an income of Rs. 37,397. The said amount represented the sum invested by her in the purchase of land as aforesaid. On the basis of the return filed by the assessee the assessment was completed on October 17, 1968. However, the ITo initiated penalty proceedings against the assessee under s. 271(1)(a) of the I. T. Act, 1961, (hereinafter called the ACt). On August 26, 1970, the assessee wrote to the ITo stating that she was eligible for sympathetic consideration under s. 271(4A) of the Act. Not being satisfied with the explanation of the assessee the ITO levied a penalty of rS. 2,577 against the assessee under s. 271(1)(a) of the ACt. The assessee preferred I. T. A. No. 328/70-71, before the AAC, who confirmed ...
Tag this Judgment!Court : Chennai
Reported in : [1985]57CompCas126(Mad); (1984)IILLJ34Mad
Mohan, J.1. An important question arising in this batch of cases is whether the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as the Shops Act), is applicable to the Nationalised Banks and to the State Bank of India. 2. We would first note the facts leading to Writ Appeals Nos. 561 and 562 of 1983. They arise out of Writ Petitions Nos. 2013 and 2014 of 1979. Writ Petition No. 2013 of 1979 is for a mandamus to direct the first respondent to dispense of the preliminary objection raised by the Management of the Bank of India, Regional Office, Southern Region, represented by the Assistant General Manger, Madras, in regard to the maintainability of T.S.E. Case No. 49 of 1875, of the file of the Second Additional Commissioner for Workmen's Compensation, Madras, in the appeal preferred by the employee, C. V. Raman, under section 41 of the Act. 3. Writ Petition No. 2014 of 1979 is for prohibition to prohibit the Additional Commissioner from proceeding to take up for pr...
Tag this Judgment!Court : Chennai
Reported in : (1985)2MLJ439
ORDERMohan, J.1. An important question arising in this batch of cases is, whether the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as the Shops Act) is applicable to the Nationalised Banks and to the State Bank of Indian.2. We would first note the facts; relating to W.A. Nos. 561 and 562 of 1983. They arise out of W.P. Nos. 2013 and 2014 of 1979. W.P. No. 2013 of 1979 is for mandamus to direct the first respondent to dispose of the preliminary objection raised by the Management of Bank of India, Regional Office, Southern Region, represented by the Assistant General Manager, Madras, in regard to the maintainability of T.S.E. Case No. 49 of 1975 on the file of the Additional Commissioner for Workmen's Compensation, II, Madras, in the appeal preferred by the employee, C.V. Raman under Section 41 of the Act. W.P. No. 2014 of 1979 is for prohibition to prohibit the Additional Commissioner from proceeding to take up for disposal T.S.E. Case No. 49 of 1975.3. The emp...
Tag this Judgment!Court : Chennai
Reported in : AIR1988Mad275
Chandurkar, C.J.1. The petitioners in all these Writ Petitions are members of the Tamil Nadu Legiaslative Assembly. The Tamil Nadu legislative Assembly passed resolution on 22nd December, 1986 declaring that the petitioners were unfit to continue as members of the House and that they were expelled from the membership of the House and that they could not continue to be members of the House. It was further resolved that their seats became vacant. The resolution passed by the Assembly was on a motion moved by the Leader of the House. The English translation of the resolution original of which was in Tamil as adopted by the Tamil Nadu Legislative Assembly on 22nd December, 1986 as published in the Tamil Nadu Government Gazette Extraordinary of the same date, reads as follows: -'Whereas the Executive Committee of the Dravida Munnetra Kazhagam resolved in its meeting held on 9th November, 1986 at Coimbatore that the portion of Part XVII of the Constitution of India which provides for Hindi t...
Tag this Judgment!Court : Chennai
Reported in : (1989)75CTR(Mad)1; [1989]177ITR307(Mad)
Mohan, J.1. All these matters raise one and the same question of law. Therefore, we propose to deal with them under a common judgment. 2. The facts leading to the writ appeals are as follows: The appellant is a trust know as Thanthi Trust. This was created under an instrument of declaration of trust dated March 1, 1954. The purpose of the trust was to found Daily Thanthi Newspaper as an organ of educated public opinion for the Tamil reading public to disseminate news and ventilate opinions on all matters of public interest through the said newspaper. The appellant trust is an assessee on the file of the respondent. Its permanent account number is P.A. No. 47,005-AZ-5117. The trust had been claiming exemption under section 4(3)(i) of the Indian Income-tax Act, 1922, from the assessment year 1955-56 onwards in respect of its income. Though there were several proceedings in relation to the claim for exemption, ultimately, the Income-tax Officer upheld the appellant's claim for exemption f...
Tag this Judgment!Court : Chennai
Reported in : (1989)78CTR(Mad)54; [1989]178ITR1(Mad)
S. Mohan, Offg. C.J. 1. These two writ appeals arise out of the judgment of our learned brother, Justice Nainar Sundaram. Except that the years of assessment involved are different, the point involved is one and the same. 2. The appellant is a trust known as 'Thanthi Trust'. This was created under an instrument of declaration of trust dated March 1, 1954. The purpose of the trust was to found a Tamil daily newspaper called 'Daily Thanthi' as an organ of educated public opinion for the Tamil-reading public. This was to facilitate the dissemination of views and ventilation of opinion on all matters of public interest through the said newspaper. 3. The appellant is an assessee on the file of the respondent. The trust was claiming exemption under section 4(3)(i) of the Indian Income-tax Act, 1922, from 1955-56 onwards in respect of its income. Though there were several proceedings, ultimately, the claim for exemption came to be granted. After the coming into force of the Income-tax Act, 19...
Tag this Judgment!Court : Chennai
Reported in : (1991)IILLJ234Mad; (1991)IMLJ137
1. The short facts leading to the writ appeal are as follows :The appellant herein is a B. Sc., Chemistry graduate of the University of Madras and she secured Second class in the annual examination. She got married to one Mr. Palanivelu in the year 1979. Presently she is the mother of two daughters and she was in the family way of four months at the time of filing the writ petition.2. The appellant was entertained as a Junior Chemist on and from 1st January, 1986 on contract basis, and Babu Engineering Corporation was given the contract pertaining to chemical test of soil, clay, water, oil and metal within the percincts of the Neyveli Lignite Corporation Ltd., Neyveli. Though the work involving chemical test by the Chemist is necessarily throughout the year, the management of the Neyveli Lignite Corporation Ltd. extracted the work from the Chemist numbering about forty through Babu Engineering Corporation who paid at the rate of Rs. 10 per day to each Chemist and in that capacity, the ...
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