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Damodar Valley Corporation Vs. Union of India and Ors

Court : Jharkhand

..... 647 of 2011 damodar valley corporation, a corporation under the act of parliament known as dvc act, 1948 through its personnel manager(a), dvc chandrapura thermal power station, chandrapura, po&ps chandrapura, district bokaro represented through sri ram ..... in the enquiry under section 7(a) of the employees provident fund and miscellaneous provisions act, 1952 (epf and mp act, 1952), the management of chandrapura thermal power station of dvc appeared on 25.05.2010 and presented its case and gave details regarding remittance of employees provident fund and other funds of the workers of dvc ..... allowances paid to the workmen as a result of the tripartite agreement do not form part of the basic wage and thus, cannot be included for contribution of employer contribution under the employees provident fund and miscellaneous provisions act, 1952. ..... not paid in the form of additional bonus for extra work/overtime rather, it is in the form of contribution of each workmen to the profit earned by the management of ctpc and thus, in my opinion it forms part of "basic wage" as defined under section 2(b) of the act and it is not excluded under section 26 of the employees provident fund and miscellaneous provision act, 1952. ..... 2(b) of the employees' provident funds and miscellaneous provisions act, 1952 defines basic wages as follows :2 ..... to the rival contentions raised on behalf of the parties, provisions under the employees provident funds and miscellaneous provisions act, 1952 may usefully be notice. .....

Mazhar HussaIn Vs. Madhya Pradesh State Road Transport Corporation (by ...

Court : Madhya Pradesh

Reported in : (1968)IILLJ287MP

..... speaking generally, the legal position is that employees of statutory corporations like the damodar valley corporation, the calcutta port trust, improvement trust, the state co-operative bank, the state bank of india, a district board or municipality, which are separate legal entities having independent existence, do, ..... damodar valley corporation : air1953cal581 ; damodar valley corporation ..... applies, and has been extended to corporations constituted under the road transport corporations act, 1950 (64 of 1950); andhra pradesh state road transport corporation v. ..... will be entitled to leave and other benefits on the same basis as if his service under the corporation was a continuation of the total uninterrupted service under the central provinces transport services.3. ..... , which in our opinion, correctly state the law, the petitioner cased to hold a civil post under the state as soon as his services were transferred to the madhya pradesh state road transport corporation and he could not, thereafter, claim the protection afforded by article 311.5. ..... miscellaneous ..... an assistant traffic inspector under the central provinces transport services, which was a state-owned transport undertaking, till 1 june 1962 when the madhya pradesh state road transport corporation constituted under section 3 of the road transport corporation act, 1950 (64 of 1950), took it over. ..... he became an employee of an incorporated body constituted under a central act and ceased to hold a civil post under the state within the .....

New India Assurance Co. Ltd. Vs. Anand Electricals and ors.

Court : Patna

..... reliance made by the court below in the case of damodar valley corporation (supra) has not been properly construed in its proper perspective in applying to the facts and circumstances of the case ..... the tenderer after receiving the payment claimed from the damodar valley corporation the damages for repudiation of the contract. ..... that case, the fact of payment of full and final settlement to the satisfaction was disputed vis-a-vis whether the damages as claimed by the tenderer was within the scope of the settlement made on payment by the corporation was required to be decided by the arbitrator.in the present case, the question of repudiation of contract is not there. ..... learned court below by the impugned order rejected the prayer relying on the decision of damodar volley corporation v. k.k. ..... decision of two disinterested persons as arbitrators of whom one shall be appointed in writing by each of parties within two calender months after having been required so to do in writing by the other party in accordance with the provisions of the arbitration act, 1940, as amended from time to time and for the time being in force. ..... sharma, subordinate judge-i, ranchi, in miscellaneous case no. ..... then finding no other alternative, the petitioner made a petition under section 33 of the act challenging the appointment of the arbitrator and invoking of arbitration clause as per the contract.4 ..... : [1974]2scr240 and disagreeing with the decision of the apex court in damodar engineering & construction and co. v. .....

M. Shamsundar Vs. Madras Fertilizers Ltd. and 4 ors.

Court : Chennai

Reported in : 1995(2)CTC471

..... damodar valley corporation : air1974cal69 . ..... thereafter due to certain portfolio changes the miscellaneous petitions have come up before me for orders.3. ..... deal with the another preliminary objection raised by the learned counsel for respondents 1 and 2 to the effect that no writ petition at all is maintainable because the first respondent company is a company registered under the companies act and not amenable to the jurisdiction of this court under article 226 of the constitution of india. ..... the above miscellaneous petitions arise out of the writ petition no. ..... these miscellaneous petitions had come before lakshmanan, j. ..... a few facts are necessary before dealing with the miscellaneous petitions.2. ..... the first respondent is a company registered under the companies act, 1956 with the following share holding pattern :-government of india - 67.55%the national iranian oil company, tagran, iran 32.45%.the company is carrying on business in the manufacture and marketing of phopetic fertiliser and ure. ..... the petitioner was acting as the deputy general manager, market development department of the company. .....

High Court of Punjab and Haryana at Vs. M/S. Atma Tube Products Ltd. a ...

Court : Punjab and Haryana

..... damodar valley corporation act ..... had left behind his widow and children (class-i heirs.while the appellant (father) was only a class-ii heir and was not entitled to succeed the estate of the deceased under the hindu succession act, 1956 in the presence of class-i heirs.in the second case, the father (karimul hajazi) of the deceased was held to be a victim on applying the principle of muslim law under which the person responsible for the ..... another person who has been charged as an accused, is the victim within the meaning of section 2(wa).similarly, if as a result of the aggravated form of victimization, such victim of firs.part does not survive, the second part of the definition of victim as defined in section 2(wa) of the code substitutes the firs.part and crm-790-ma-2010 final - 31 - becomes operative whereupon the guardian (if such victim was a minot or of unsound mind) or the legal heirs of the deceased victim, as the ..... court may, where such fine is recoverable from a person convicted of any offence for having caused the death of another person, order the whole or any part of the fine so recovered to be applied, inlcuding in paying compensation to the persons who are, under the fatal accidents act, 1855 (13 of 1885).entitled to recover damages from the person sentenced for the loss resulting to them from such death .crm-790-ma-2010 final - 35 - (59). ..... provident funds and miscellaneous provisions act 25. ..... ores limited (acquisition of shares) and miscellaneous provisions act 61. .....

Damodar Valley Corporation and ors. Vs. Damodar Valley Corporation Dis ...

Court : Kolkata

Reported in : (1992)2CALLT244(HC)

..... in the writ petition, petitioners referred to the relevant provisions of section 22(2)(v) of the damodar valley corporation act, 1948, wherein, it has been provided for re-settlement of the population displaced by the dams, acquisition of land for reservoirs and protection of water sheds.5. ..... . the parliament while enacting the damodar valley corporation act, 1948, for the multipurpose development project to emeliorate the economic conditions of the people of d.v.c ..... . the time to examine physical fitness by constitution of medical board by the appellant d.v.c, is extended by another period of 10 days from communication of the operative part of this judgment and if the respondent/writ petitioners are found medically fit, the respondent/writ petitioners are to give appointment within a week from the sitting of the medical board, in terms of this judgment.67 ..... . the respondent was not entitled to assail validity of the notice before the high court by means of a miscellaneous application in the writ petition which had already been decided'.35 ..... the instant case, as in the said case, separate and subsequent causes of action had already taken place after disposal of the writ petition and, as such, it was not open to the court to re-open the proceedings by means of miscellaneous petition.53a ..... . no' miscellaneous application could be filed in the writ petition to revive proceedings in respect of subsequent events after two years .....

M. Verghese Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR1963Cal421,[1963(6)FLR378],(1963)IILLJ569Cal

..... the damodar valley corporation established by the damodar valley corporation act, 1948, creates the corporation as a body corporate with perpetual succession and common seal under section 3 of the act but with no shareholding and board of directors, the participating governments providing the capital. ..... the statutory corporations are created by special statutes, for instance such statutes as the damodar valley corporation act, 1948, the state bank of india act 1955, the rehabilitation finance administration act 1948 and the road transport corporation act, 1950. ..... at the same time the other extreme also will be equally inappropriate if it includes all kinds of miscellaneous and hybrid institutions, mostly private or quasi-private with aids or controls or 'sponsoring' financial or otherwise from the government within 'civil service' or 'a civil post under the state'. ..... these two sections define a government company to mean any company in which not less than fifty-one per cent of the share capital is held by the central government, or by any state government or governments, or partly by the central government and partly by one or more state governments, and includes a company which is subsidiary of a government company so defined. ..... which is a government undertaking, is service under the government and therefore, it is a civil post under the union or civil service of the union within the meaning of article 311 and part xiv of the constitution of india. .....

J.K. Pharmachem Limited, Sipcot Industrial Complex, Rep. by Its Sr. G. ...

Court : Chennai

Reported in : (2004)1MLJ662

..... state of bihar & others reported in : [1977]1scr118 , the said damadhar valley corporation preferred an appeal before the supreme court as against the judgment of the patna high court dismissing the writ petition filed by it, established under the damodhar river valley corporation act, 1948 for the development of damodhar valley in the states of bihar and west bengal. ..... 288 falls under the heading 'miscellaneous financial provisions' in the constitution. ..... in this respect, the supreme court held thus :-'the consumer governed by the two-part tariff is, however, obliged under the said regulation to pay 'on the basis of actual energy consumption and the 'maximum demand' as provided in the agreement'. ..... hence, the tax under the tax act is chargeable not only on the energy charged, but also on the demand charge and the supply is governed by the two-part tariff and it is chargeable on the actual amount of demand charge realized from the consumer.42. ..... at the risk of repetition, it has to be pointed out that the element of tax, admittedly, has not been taken into consideration nor included nor it could be included nor it could be the part of the tariff rates, in terms of the electricity regulatory commission act and the rules framed therein. .....

G. Narayanaswami Naidu Vs. C. Krishnamurthi and anr.

Court : Chennai

Reported in : AIR1958Mad343; (1958)1MLJ367

..... . the different provisions of the damodar valley corporation act, 1948, indicate that the corporation has a separate and independent existence and is a different entity from the union or state government ..... . just as the corporation of calcutta discharges certain duties and functions which are to be performed by the state government so also certain functions and duties of the union and the state governments have been allocated to the damodar valley corporation but the corporation performs these duties and functions as a separate entity. 35 ..... . damodar valley corporation : air1953cal581 , fell under the second head and related to an employee of the damodar valley corporation ..... . the learned judge cited the decision of the damodar valley corporation : air1953cal581 , as supporting this concession ..... . there is thus embodied in it a compromise between the notion that the hope of personal profit alone ensures efficiency and the belief that efficiency can be secured by full responsibility to the representatives of the public in parliament on the part of the controllers of a socially owned service.in the inter-war period the strongest force was the dislike by businessmen, and, of course, by their spokesman in both houses of parliament, of government 'interference' in industry ..... the civil miscellaneous appeal has been preferred to this court under section 116-a of the representation of the people act from the order of the election tribunal, nagapattinam, in election petition no. .....

Servants of India Society Vs. Charity Commissioner of Bombay

Court : Mumbai

Reported in : AIR1962Bom12; (1961)63BOMLR379; ILR1961Bom381

..... central acts to which my attention was invited are the co-operative societies act (ii of 1912), the red cross societies act (xv of 1920), the cantonments act (ii of 1924), the bar councils act (xxxviii of 1926), the medical councils act (xxvii of 1933), the damodar valley corporation act (xiv of 1947) and the employee's state insurance act (xxxiv of 1948). ..... the bombay co-operative societies act (vii of 1925) as well as the bombay non-trading corporations act (xxvi of 1959) also contain ..... amin, learned counsel appearing on behalf of the appellant-society, contends that all societies registered under the societies registration act would be corporations or, at any rate, quasi-corporations; and since the society's objects are not confined to this state, only parliament can pass legislation about it by virtue of entry 44, list i -union list, of the seventh schedule, ..... necessary to mention that what is challenged before me is not the vires of the act but that part of its which defines the expression 'public trust'. ..... application being miscellaneous application ..... judgment, societies registered under the societies registration act are neither corporations nor quasi-corporations but are unincorporated societies contemplated under the second part entry 32 of the state list. ..... amin further contends that the second part of entry 32 dealing with unincorporated societies or associations refers to wholly different legal bodies and the two entries cannot be ..... of the state list, is divided into two parts. .....