Court : Mumbai Nagpur
..... in support of this submission, reliance is placed on the judgment given by the division bench of this court in the case of pune municipal corporation and others v/s. ..... on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on, but does not include a mine subject to the operation of [the mines act, 1952 (35 of 1952)], or [a mobile unit belonging to the armed forces of the union, railway running shed or a hotel, restaurant or eating place] [or a poly house or green house engaged in the activity of floriculture or pomology or high value crops] [ ..... patil, learned advocate for the petitioners/employer has submitted that as per section 8(1)(a) of the maharashtra universities act, 1994 the petitioner no.1/university cannot create new posts of teachers, officers or other employees without prior approval of the state government. ..... standing orders are not applicable and the service conditions of the respondents/employees are governed by the provisions of the standard code framed by the state government exercising powers under section 8 of the maharashtra universities act, 1994 and this submission of the petitioners/employer was not considered by the industrial court. ..... madhukar ramaji undirwade and another and in the case of durgapur casual workers union and ors. v/s. ..... 376 and (ii) judgment given by the hon'ble supreme court in the case of durgapur casual workers union and ors. v/s. .....
Tag this Judgment!Court : Mumbai Nagpur
..... nagpur municipal corporation, local civic authority for the city of nagpur is a body constituted under the city of nagpur municipal corporation act, 1948. ..... it is also urged on behalf of the petitioner that, due to internal arrangement between the industries department of the state of maharashtra and the nagpur municipal corporation, the corporation was treating the entire uppalwadi industrial estate to be beyond the municipal octroi limits and therefore, was not charging any octroi duty on the goods being exported to any of the places falling within the uppalwadi industrial estate. ..... the government of maharashtra have framed the octroi rules for the assessment, collection and refund of the cess (octroi duty) imposed under section 114 (1) clause (e) of the city of nagpur corporation act which made it obligatory for the corporation to establish octroi nakas, this is to facilitate record in respect of entry of the goods inside and exit of the goods from the city limits with suitable number of the staff at such places which are in the immediate ..... the respondent referred to the earlier writ petition no 2150 of 1986 decided by this court on 7th december 1994 whereby the statement that the corporation shall abide by its letter dated 7.3.1986 was recorded and it was left open for the petitioner to make an appropriate application to the competent authority on the question of refund. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the provisions of sub-rule (1) of rule 3 of the maharashtra municipal corporation (local body tax) amendment rules, 2015 should be declared as unconstitutional as they are ultravires the provisions of articles 14 and 19[1][g] of the constitution of india, as also ultravires of the provisions of section 152p and 152q of the maharashtra municipal corporation act. ..... briefly stated, the petitioners before this court are dealers within the meaning of said term as defined in section 2[16a] of the maharashtra municipal corporation act, (act no. ..... he states that government has carried out statistical exercise on the basis of information gathered from 25 municipal corporations, and found that 28% of total lbt received is, from just 1162 dealers, whose turnover is above rs. ..... in this judgment, there was challenge to also section 127(2)(aaa) of the corporation act and one of the contentions was state government could not have been permitted to impose itself upon the municipal corporations in the matter. ..... they point out section 149 and section 152b of the corporation act to contend that such power to determine the class/es of persons liable to pay lbt or exempt therefrom, is with respondent no.2 nagpur municipal corporation. ..... inviting attention to provisions of the corporation act, shri manohar, learned senior counsel submits that lbt needs to be imposed by respondent no.2 nagpur municipal corporation. ..... state of kerala); 1994 supp [3] scc 218 (khadi and village soap industries .vrs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the petitioner was disqualified under section 16(1c)(a) of the mumbai municipal corporation act, 1888 read with section 10(4) of the maharashtra act no.xxiii of 2001 following the decision of the earlier full bench in the case of sujit vasant patil v. ..... . after referring to various castes grouped together under the government resolution dated 15-6-1995 read with the government resolution dated 7-10-1994, the apex court posed a question in para 9, "can it, therefore, seriously be contended that the person, who has honestly, in contradistinction with falsely, claimed consanguinity with a certain group, which was later on found not to belong to an ..... the position prevailing prior to the decision in madhuri patil's case on 2-9-1994 was that the benefits or concessions and the appointments and promotions were made available in public employment against the posts meant for any of the categories of backward classes without there being any condition ..... appeal decided by the authorities in respect of a claim for 'mahadeo koli', a scheduled tribe, which is an entry 29 in the constitutional (scheduled tribes) order, 1950 in relation to the state of maharashtra, went up to the apex court, which was decided on 2-9-1994; kum. ..... . the decision in madhuri patil's case was rendered on 2-9-1994 .....
Tag this Judgment!Court : Mumbai Nagpur
..... corporation of city of nagpur), treats some what similar provision in city of nagpur corporation act, 1948, as alternate remedy. ..... attention is invited to written submission filed by respondent no.5 through its president where it is stated that provisions of municipal rules or bye-laws for "c" class municipal council will be applicable in gram panchayat area and both "r-1" and "r-2" uses will be legal in residential zone. ..... bare perusal of communication dated 14/10/1994 is enough to reject this statement in as much as, it emphasizes that municipal rules should be followed for villages where there is no municipal council and development scheme has not been framed. ..... with reply filed on 12/11/2009, copy of letter dated 14/10/1994 is also produced to show that applicability of municipal rules stands excluded by it. ..... in any case, if such other places are held amenable to its jurisdiction, it follows that construction has to be in conformity with the municipal rules by adhering to letter dated 14/10/1994 on the subject. ..... 4 to 6 are not accepting applicability of 14/10/1994 communication and building plans of respondent no.5 are not sanctioned under the municipal rules. ..... he further relies upon assertion of zilla parishad that municipal rules are not applicable and that is correct as per communication dated 14/10/1994. .....
Tag this Judgment!Court : Mumbai Nagpur
..... to illustrate: a municipal corporation entitled to a presuit statutory notice otherwise; threatens to immediately demolish a house or building constructed by the plaintiff, in such case of apprehended injury the plaintiff is not expected to wait until notice is issued and served as per statutory requirement as municipal corporation by its conduct is estopped from contending that presuit statutory notice was not given before the institution of the ..... bombay municipal corporation and others: air 1981 bombay 394, held ..... trial court did consider the issue on the basis of evidence and recorded a finding that the plaintiff had not issued necessary notice u/s 164 of the said act of 1960 and arrived at findings that the evidence on record as well as pleadings of the parties established that the defendant no1. ..... the reasons stated hereinabove, the impugned judgment and order is set aside and the judgment and decree dated 14.2.1994 passed by learned joint civil judge (jr.dn) chikhli in rcs no. ..... written statement was filed on 23.8.1991.issues were framed on 16.1.1993 and were subsequently recasted by the trial court after the defendant sought additional issues on 17.9.1993 and 2.2.1994 the suit was decided by trial court on 14.2.1994 by dismissal thereof.12. ..... appeal is at the instance of unsuccessful defendant, a registered cooperative society, challenging the judgment and order dated dated 14.2.1994 passed in regular civil appeal no. ..... 113/1994 arising out of dismissal of regular civil suit .....
Tag this Judgment!Court : Mumbai Nagpur
..... in the case of anil kumar gupta and others etc....versus...municipal corporation of delhi and others etc. ..... 14(8) of maharashtra universities act, 1994. ..... in all these cases since in fact the enquiry was held at nagpur, acting as a quasi-judicial authority, the enquiry officers were bound to first obtain the consent of both the sides in writing for such a change if the enquiry officers wanted to change the venue for their convenience or convenience of ..... is not in accordance with the mandatory provisions, the tribunal and the learned single judge and also the division bench of the high court have committed a serious error in accepting the said report and acting on it and thereby ordering the reinstatement with back wages. ..... although the provisions of the evidence act are not applicable in the said proceeding, principles of natural justice are required to be complied ..... holding a domestic enquiry for certain acts of misconduct, if not a criminal trial, is certainly akin to a trial for proving ..... 1 or anybody acting thereunder has not sought any permission of the respondent ..... the three employees filed three different appeals before the university and college tribunal under section 59 of the maharashtra universities act, 1984. ..... were chargesheeted by the management for certain acts of misconduct. ..... gaikwad was appointed as lecturer in economics on 21.9.1996, diwakar kamble was appointed as lecturer in history on 21.9.1996, and rajkumar bhagat was appointed as a lecturer in sociology on 25.9.1994. .....
Tag this Judgment!Court : Mumbai Nagpur
..... jalgaon municipal corporation (2013 i clr 676) ,the honble apex court has considered the nature of relief which can be granted to a workman not having right to post. ..... the question was where the workman had worked for only eight months as daily wager and his termination has been held to be in contravention of section 25f of the industrial disputes act, 1947, whether the direction to the employer for reinstatement with continuity of service and 25 per cent back wages is legally sustainable. ..... looking to this scheme of clause 28 of the kalelkar settlement, it is clear that mere violation of section 25f of the industrial disputes act, will not entitle any workman to a relief of reinstatement either with continuity or than with back wages. ..... aggrieved by the said order the respondent-corporation moved the high court by filing writ petitions ..... when there is nothing before us to gather that by breaching the provisions of section 25 of the industrial disputes act, the appellant have been victimized and their termination is otherwise malafide with some oblique motive, a direction to grant appellant retrenchment compensation in accordance with the provisions of law cannot be said to be unsustainable ..... in devinder singh, the workman was engaged by municipal council, sanaur on 01.08.1994 for doing the work of clerical nature. ..... the labour court earlier had on 4.6.1994 in ulp (complaint) nos. ..... 158/1994 filed by the respondent/employer and maintained the judgment delivered by the labour court, amravati .....
Tag this Judgment!Court : Mumbai Nagpur
..... 2007) 11 scc 40: commissioner of municipal corporation vs. ..... :1)whether this court has jurisdiction to entertain the present suit in view of provision under section 52 of the bombay village panchayat act?yes2)whether this court has jurisdiction to entertain the present suit in view of provision under section 53 of the bombay village panchayat act?yes3)whether this court has jurisdiction to entertain the present suit in view of provision under section 59 of the bombay village ..... any allotment or entry of allotment either in favour of society or the non-applicants anywhere in the village panchayat record but it was for the first time in the year 1994 the kuccha kotha was mutated in the mutation entry and nothing more which, according to the village panchayat, antora is an encroachment. ..... the suit plot that too from 1994 would not confer title on the non-applicants and, therefore, the action taken by the village panchayat in accordance with the provisions of sections 52 and 53 of the said act could not be challenged before the civil court because the special act namely, village panchayat act, provides for specific remedies under the provisions of the said act against such notices/resolutions or as the ..... appearance in the civil court, filed a preliminary objection to the maintainability of the suit on the ground that the maharashtra village panchayats act at least insofar as sections 52 and 53 are concerned, provide for specific remedy and, therefore, the jurisdiction of the civil court .....
Tag this Judgment!Court : Mumbai Nagpur
..... of aforesaid submissions, the learned counsel for the petitioners relied upon decision of the supreme court in municipal corporation of delhi vs. ..... in municipal corporation of delhi (supra), relied upon by the learned counsel for the petitioners, the workmen therein were held entitled to same pay as regular employees on the principle of equal pay for ..... petitions, the order dated 7-1-2013 passed by the learned judge, labour court gondia in proceedings under section 33c(2) of the industrial disputes act, 1947 (in short the said act) allowing aforesaid application in each case and granting relief to the respondent is under challenge. ..... firstly, whether the respondent is entitled to seek relief under provisions of section 33c(2) of the said act by relying upon provisions of clause 28 of the kalelkar award and secondly, whether the respondent does not deserve to be granted any relief on account of delay in seeking legal ..... it follows, therefore, that the provisions of article 137 of the schedule to limitation act, 1963 are not applicable to the proceedings under the act and that the relief under it cannot be denied to the workman merely on the ..... reason, decision of learned single judge in chief officer, sangli municipal council (supra), would also not apply. ..... , beyond doubt that the question as regards entitlement of a workman to relief under provisions of section 33c(2) of the said act on the basis of clause 28 of the kalelkar award stands answered in favour of the respondents workmen. ..... 1994 .....
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