Court : Madhya Pradesh
Reported in : AIR1967MP177; [1967(15)FLR109]; (1968)ILLJ99MP
..... further the supreme court has observed that 'reading the judgment in the case of corporation of the city of nagpur (1960) 2 scr 942 : air 1960 sc 676 as a whole, there can be no doubt that the question as to whether education work carried on by educational institutions like the university of delhi which have been formed primarily and solely for the purpose of imparting education amount to an industry within the meaning of section 2 (14), was not argued before the court and was not really ..... the departments which were then examined was the education department under which the corporation looked after the primary education of the citizens within its limits. ..... after stating the conclusion that the work of education carried on by educational institutions like the university of delhi is not on industry within the meaning of the 1947 act, the supreme court said--'having reached this ..... , seeks a writ of certiorari for quashing a decision of the industrial court whereby that court upheld an order of the labour court, raipur, rejecting the petitioner's application under section 31 (3) of the madhya pradesh industrial relations act, 1960 (hereinafter referred to as the act), for reinstatement in service with back-wages.2. ..... doubt, in that case it was common ground between the parties that teachers employed in educational institutions, whether the said institutions are imparting primary, secondary, collegiate or post-graduate education, are not workmen under section 2 (s) of the act of 1947. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP25; 2003(4)MPHT124; 2003(3)MPLJ182
..... , 1962 remains in force and six months thereafter (15) any office under an insurer the management of whose controlled business is vested in the central government under the life insurance (emergency provisions) act, 1956 (16) the office of the leader of the opposition in the madhya pradesh legislative assembly (17) chairman and vice-chairman or president and vice-president or managing director or director of a statutory ..... exclusive jurisdiction to appoint (nominee) the chairman of interim jaa council but also power to remove him since under section 23 (7) of the jaac act the chairman and vice-chairman of the interim jaa council as well as members of the interim executive council, 'shall hold their office during the pleasure of the state government'. ..... basic education act of 1972 is disqualified for being chosen as a member of the state legislative assembly under article 191(1)(a) of the constitution of india as ..... in that context the majority view of the supreme court is as under :--'having regard to the provisions of the constitution and the representation of the people act, 1951 as well as the salary, allowances and pension of members of parliament act, 1954 it can be said that membership of parliament is an 'office' inasmuch as it is a position carrying certain responsibilities which are of a public character and ..... court had again examined the question of office of profit under government and it was held that an assistant teacher employed in a basic primary school run by the u.p. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2000MP330
..... in paragraph 16 of the said judgment hon'ble the supreme court has held as under:-'while both the parents are duty bound to take care of the person and property of their minor child and act in the best interest of his welfare, we hold that in all situations where the father is not in actual charge of the affairs of the minor either because of his indifference or because of an agreement ..... with the mother; (b) in the case of an illegitimate boy or an un-married girl the mother, and after her, the father; (c) in the case of a married girl - the husband: provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section - (a) if he has ceased to be a hindu, or (b) if he has completely and finally renounced the world by becoming a hermit' order the provisions (vanaprastha) or an ascetic ( ..... submitted that the court has power under section 26 of the hindu marriage act to pass an interim order with respect to the custody of the children, she has further contended that eldest issue born out of the wedlock was daughter-tanvee, is staying with the mother at amrawati and taking education in an english medium school at amrawati itself. ..... that it must never be forgotten to judicially consider the welfare of the minor, for such welfare is the primary and dominant consideration in determining the question of the minor's custody. ..... reported in air 1969 delhi 283 where the division bench has considered the matter with respect to the custody of a .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2009)IVLLJ836MP; 2009(3)MPHT251
..... a preliminary objection was raised on behalf of the industry that the provisions of the act of 1960 was not applicable to it, it could not be termed to be engineering industry, it was involved in the food processing.4 ..... industries (development and regulation) act, 1951, cannot control the expression engineering which finds place in entry 16 of schedule of mpir act.in view of the aforesaid discussion, we are of the opinion that, petitioner industry is covered within the ambit of the entry 16 of schedule of mpir act, 1960. ..... 'an interpretation clause of this kind is not meant to prevent the word receiving its ordinary, popular and natural sense whenever that would be properly applicable, but to enable the word as used in the act, when there is nothing in the context or the subjectmatter to the contrary, to be applied to something to which it would not ordinarily be applicable'. ..... industrial relations act, 1960 (hereinafter referred to as 'the act').2. ..... food engineering is a multi-disciplinary program which combines science, microbiology, and engineering education for food and related industries. ..... labour court will have no jurisdiction to entertain and decide an application under sections 61(1)(a) and (c) and 80 of the act for a declaration that the employees of the company had gone on an illegal strike. ..... however, in the instant case employees were involved in the primary work of food processing. ..... 16.counsel has also relied upon the decision of apex court in the university of delhi and anr. v. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2004)IIILLJ1092MP; 2004(3)MPLJ532
..... april 3, 1997 in exercise of the powers conferred by clause (c) of sub-clause (3) of section 1 of the payment of gratuity act, 1972 (39 of 1972), the central government hereby specifies the educational institutions in which ten or more persons are employed or were employed on any day preceding 12 months as a class of establishments to which the said act shall apply with effect from the date of publication of this notification.provided that nothing contained in this notification shall affect the operation of ..... the apex court in ahmedabad private primary teacher's association's case (supra) has observed that though the teachers are not covered under the payment of gratuity act, but it is for the legislature to take cognizance of situation of such teachers in various establishments where gratuity benefit is ..... as per the pronouncement of the apex court in ahmedabad private primary teachers association (supra) and decision of this court in the matter or same society, position of law has been made clear, thereafter, impugned modified circular (p-l) has ..... the apex court in ahmedabad private primary teachers association's case has considered the notification issued by the central government on april 3, 1997, which is ..... might have been 15 imparted training for teaching or there may be cases where teachers who are employed in primary schools are untrained. ..... is no more res integra, now we have the benefit of view of the apex court decision in ahmedabad private primary teachers association v. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2009)226CTR(MP)497; [2009]181TAXMAN50(MP)
..... dissatisfied with the aforesaid orders, appeals were preferred before the cit(a) who expressed the view that the association is not engaged in the activity of imparting education to the students which is a primary and essential condition for getting exemption under section 10(22) of the act; the existence of teachers and the taught is missing; the balance sheet, income and expenditure account and other details filed with the return that show that ..... available at a fair reasonable price;(5) to undertake research for the improvement in curricula and syllabi, for primary and secondary education or any other branch of education;(6) to undertake research in text-book production, evaluation techniques, and ancillary aids and educational literature concerning the various methods of education and aids for education and otherwise directed toward securing improvement in the general educational standard;(7) to regulate and fix prices of the publications of the societies consistent with its objects;(8) to ..... the bench referred to the creation of the board under the orissa secondary education act, 1953 which was enacted to provide for the establishment of a board to regulate, control and develop secondary education in the state of orissa by providing varied courses with a view to equipping pupils for different occupations for education in the university and for other cultural purposes and to examine those who have completed a prescribed course of study and to award certificate to successful .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ526
..... necessary to notification dated 31-8-1978, issued pursuant to section 6(a)(iii) of the adhiniyam specifying 'appellate authorities' and their respective jurisdictions in a tabular form :(1) in respect of primary school and middle school : divisional superintendent of education;(2) for 'higher secondary school including primary school and middle school under its managements' director of public instructions, madhya pradesh; and(3) for colleges: state government.14. ..... 'competent authority' is similarly notified, on 20-8-1978, in a tabular form in respect of primary and middle schools, district education officer; for 'higher secondary school including primary school and middle school under its management', the divisional superintendent of education; and for any college, m. p. ..... defendant could have, in the instant case, challenged in a civil suit only the order passed in appeal on the ground that the appellate authority acting under the adhiniyam passed the order impugned without 'good faith'; but, she did not prefer any appeal challenging the order of termination of her services passed by ..... under the adhiniyam the managing committee had no power to dismiss her from services without approval of district education officer, for short, the deo, while by his order dated 29-8-1979, the said officer directed the managing committee to reinstate her in service within seven days, which ..... rukmabai's case, air 1960 sc 335 was cited on the question of limitation to press the contention that the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP43
..... whereas the eighth schedule to the constitution specifies 14 major languages of india besides hindi, and it is necessary in the interest of the educational and cultural advancement of the country that concerted measures should be taken for the full development of these languages; the house resolves that a programme shallbe prepared and implemented by the ..... supreme court considering the import of article 35a held that the facilities for instruction in mother tongue at primary stage should be endeavoured of every state and by every local authority within the state to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children. ..... is seeking a relief that the orders annexures p/2 and p/3-a circulated as office memorandum, issued by the ministry of home affairs, national language department on 1st july, '91 be implemented and students in lakshmi bai national college of physical education, gwalior (lncpe) be imparted education in hindi as well apart from english. ..... appearing as amicus curiae has brought to our notice a compilation of constitutional provisions of the official languages act, 1963, official language resolution 1968 and official language rules, 1976. ..... besides, the educational, process becomes artificial ..... all educational experts are uniformly of the opinion that pupils should begin their schooling through the medium of their ..... training in hindi language was made obligatory by a presidential order dated 27th april, 1960. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT165; 2001(3)MPLJ276
..... it has been urged in the petition that the board of secondary education vide annexure p-4/a had communicated the certificate to the school of the petitioner indicating his date of birth to be 25-6-1946. ..... rule 9 makes it categorically clear that no application in regard to date of birth shall be entertained either under rule 7 or 8 after the form for the board's examination at the end of secondary level of education has been sent to the board or after the student has left the school, if the student has not pursued education upto the end of secondary standard. ..... the application for correction in date of birth : no application for correction in date of birth recorded in school records shall be entertained under rules 7 and 8 after the form for the board's examination at the end of secondary level of education has been sent to the board or after the student has left the school, if the student has not pursued education upto the end of secondary standard.'7. ..... it is setforth in the petition that in the primary school his date of birth was recorded as 25-6-1947 as is evidenced from annexure p-3. ..... it has been putforth in the writ petition that the petitioner applied for transfer certificate from lahiri multipurpose higher secondary school, chirmiri and on that basis obtained admission for diploma course in board of technical education, uttar pradesh, lucknow. ..... he who does not act within the framework of time loses not only the gifts of nature but also privileges bestowed by man made law. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2001)ILLJ691MP; 2001(2)MPHT383
..... according to the petitioner, prior to the notification dated 3-4-1997 issued in exercise of the powers conferred by clause (c) of sub-section (3) of section 1 of the act, the educational institutions were outside the purview of the act and although the notification even in cases of educational institutions was prospective in application and did not cover the cases of the employees who stood retired before the date of the publication thereof, the respondent no. 2 in ..... it was held that the teachers employed by the education institutions whether the said institutions are imparting primary, secondary, graduate or post-graduate education cannot be called as 'workman' within the meaning of section 2(s) of ..... of the view that the teachers employed by education institutions whether the said institutions are imparting primary, secondary, graduate or postgraduate education cannot be called as 'workmen' within the meaning of section 2(s) of the act. ..... pointed out that where a particular educational institution was even otherwise an establishment within the meaning of any law in force in relation to shops and establishments act in a state as contemplated by clause (b) of sub-section (3) of section 1 of the act, the notification annexure p-3 issued by the central government under clause (c) of sub-section (3) of section 1 applying the provisions of the act, was of no consequence as the institutions covered by clause (b) were already subject to the provisions of the act and it was not necessary .....
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