Court : Gujarat
Reported in : (1985)2GLR767
..... the validity to show that there has been a clear violation of the constitutional guarantee, and that it must be presumed that the legislature understands and correctly appreciates the need of its own people that its laws are directed to problems made manifest by experience and that its discriminations are based on adequate grounds, and further that the legislature is free to recognise degrees of harm and may confine its restrictions to those cases ..... the supreme court noted that the said section permits selective application of the beneficient provisions of the act to workers not covered thereby, and the power is conferred to carry out effectively the purpose of the act, and to an authority which has the means at its command for making the requisite enquiries for ascertaining whether extension of the benefits is in the interest of the workers and the public generally, demanded, and that such a provision cannot ..... it is not in dispute before us that if instead of the present method of ensuring representation of labour before 'the industrial court the legislature had provided for election of only one person from a sort of electoral college to represent labour, no exception could have been taken. ..... the new union, therefore, gave a notice of strike on september 2, 1976 pursuant to which 131 employees went on strike with effect from september 24, 1976 as already stated above. .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)2GLR910
..... not be said that the appropriate government was bound to refer an industrial dispute even though one of the points raised in the dispute was in regard to the contravention of the mandatory provisions of the act, the court held that a writ of mandamus could validly be issued in such a case if it was established that it was the duty and obligation of the appropriate government to refer for adjudication an ..... against them on the ground that the findings of the inquiry officers are arbitrary, perverse and mala fide and, therefore, it is their contention that the arbitrator has powers under section 11-a of the act to go into these questions by examining the mode of inquiry, the approach of the inquiry officers in conducting the inquiries, the approach and attitude of the management in reaching the final decisions against ..... in any case, it was urged in the third place that in as much as the aggrieved employees have an alternative remedy under the industrial law, since it is contended by them that the institute is an 'industry' within the purview of the industrial disputes act, 1947, this court should relegate them for the redress of their grievances to the industrial court since it cannot be said that the decision of the institute is ..... site on which a factory has been set up has expired and there is no provision for its renewal or extension it would ordinarily present insurmountable difficulty in the way of the working of an undertaking by a company or a ..... (1976)illj274sc ..... (1976)illj274sc .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1986Guj118; (1985)2GLR1340
..... in : air1975guj63 , we must say that the decision rendered by them is itself per incuriam for the following reasons :- (i) the learned judges have not noticed the express language of section 5a(l) of the act which gives a statutory ceiling of 30 days for lodging objections and in not noticing that this ceiling of 30 days time is not for deciding objections; (ii) the learned judges have completely missed to consider the ..... its enforcement, and may from time to time alter and add to the rules so made:provided that the power to make rules for carrying out the purposes of part vii of this act shall be exercisable by the central government and such rules may be made for the guidance of the state governments and the officers of the central government and of the state governments:provided ..... even if rules had not provided for extension of the time limit, under no principle of law could it have been said that the collector acted in violation of the principles of fair play ..... the supreme court in april 1976 allowed the appeal of the state and held that the acquisition was for a public purpose and repelled the challenge mounted by the owner of the land against the impugned acquisition and dismissed the writ petition filed by husseinmiya razvi challenging the concerned notifications under sections 4 and 6 of the act, thereafter, the proceedings lingered on before the land ..... kangan : [1976]1scr369 which had an occasion to consider the land acquisition rules framed by the madras government in .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1988Guj233; (1988)2GLR1192
..... nothing illegal about the arbitrator having awarded a lump-sum to the contractors; (v) even if the arbitrator's decision on the question of arbitrability is erroneous, it is binding to the parties, notwithstanding the fact that the dispute involves a question of law touching upon the jurisdiction of the arbitrator; and (vi) no prejudice has occurred to the board by reason of the omission or failure on the par( of the arbitrator to make an explicit or claim-wise pronouncement on the question of arbitrability and ..... the arbitrators shall make their award within four months after entering on the reference or after having been called upon to act by notice in writing from any party to the arbitration agreement or within such extended time as the court may allow.'36 ..... in this case did not only empower the arbitrator to extend the time for the making of the award with the consent of the parties but it also enjoined upon the parties to consent to such extension whenever it was necessary for completion of the arbitration proceedings.39. ..... the arbitration clause and by their letter dated the 17th march, 1976 the respondent-cochin shipyard ltd. ..... the fact-situation in our case is entirely different from the one before the delhi high court in air 1976 delhi 150 (supra).28. ..... 19th april, 1976 suggested that the proper course would be to refer to the arbitration even the dispute regarding arbitrability as also the merits of the claim for compensation for increase in the cost of pile driving equipment .....
Tag this Judgment!Court : Gujarat
Reported in : (1988)2GLR1355
..... bound to follow the provisions of section 51a(1) and section 51a(2) of the gujarat university act; that the impugned notice of termination was penal in nature and since the procedure prescribed by section 51a(i) of the gujarat university act was not followed, the impugned notice of termination was bad in law and void; that the posts of visiting scientists are not temporary posts, created for ..... labour union movement they further contended that even assuming that the termination is due to efflux of time, it is 'termination' as envisaged under section 51a(2) of the gujarat university act as the word 'termination' occurs without any qualification and it should be given a wide meaning so as to achieve the object of giving protection to the employee by way of security ..... termination amounted to penalty of dismissal, which could not have been imposed without following the procedure prescribed under section 51a(1) of the gujarat university act, or in any case, at least without following the procedure prescribed in section 51a(2) of the gujarat university act, assuming that the impugned notice was for termination simplicitor since, admittedly; the physical research laboratory is a recognised institute as defined in the ..... with your earlier decision and recommend that his services may be terminated with his term of extension comes to a close.on the report of the area chairman, the director passed the ..... : (1976)iillj266sc ..... sundara money reported in : (1976)illj478sc , it cannot be made ..... 1976 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1989Guj187; (1989)1GLR194
..... to refuse to enter into relationship with any one, yet if it does so, it cannot arbitrarily choose any person it likes for entering into such relationship and discriminate between persons similarly circumstanced, but it must act in conformity with some standard or principle which meets the test of reasonableness and nondiscrimination and any departure from such standard or principle would be invalid unless it can be supported or justified on some rational and ..... authorities are estopped under the doctrine of promissory estoppel from acquiring the said land, that the authorities having deleted lands which are in the middle of the estate and pocket lands from acquisition acted in bad faith in proceeding with the acquisition of the petitioner's land, that the petitioner willingly gave up certain portion of the land in survey number 552 for the purpose of drainage and ..... government were required to carry out the promise, the court would have to balance the public interest in the government carrying out a promise made to a citizen which has induced the citizen to act upon it and alter his position and the public interest likely to suffer if the promise were required to be carried out by the government and determine which way the equity lies. ..... delay in acquisition for giving award fails both on facts as well as in law because in fact there is no delay and in law the award is passed within the time allowed by s. ..... this is an extension of an already ..... (1975) 16 guj lr 839 : (air 1976 guj 84). .....
Tag this Judgment!Court : Gujarat
Reported in : (1991)1GLR567
..... contended before us that the reservation under the town planning act are initially and normally for 10 years subject to further extension by the authority. mr. ..... considering that the land under acquisition having absolute restriction in view of it being reserved in the agricultural zone under the provision of bombay town planning act, the value is required to be discounted and he has discounted it to the extent of 33% roughly and has awarded rs. ..... 26 of 1973 suffers from different type disability under the provisions of bombay town planning act inasmuch as one is reserved for agricultural use while other is reserved for a local authority, ..... under the development plan under the town planning act broad net work of roads, zoning of land used in the city limits, regulation for the control of development within the said limits are ..... under section 9 were served on the concerned parties and after considering the evidence the land acquisition officer passed an award on 13-8-1976 whereby he awarded compensation at the rate of rs. ..... under section 4 of the land acquisition act ('act' for short) was published on 31-10-1971 ..... court and the supreme court has held that if anybody can construct over a land may be that the owner may not be entitled to in view of the restriction under the urban land (ceiling ®ulation;) act than that land is a vacant land. mr. ..... land in agricultural zone can be sold by the owner to another person who is eligible to purchase agricultural land under prevailing agrerian laws. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1993Guj53
..... in sub-section (1) is not acquired by agreement within a period of ten years from the date of the coming into force of the final development plan or if proceedings under the land acquisition act, 1894 are not commenced within such period, the owner or any person interested in the land may serve a notice on the authority concerned requiring it to acquire the land and if within six months ..... are given to certain authorities, the exercise whereof may make serious inroads into the rights of properties of private individuals, there was any guidance to be collected from the act itself, its object and its provisions, in the light or the surrounding circumstances which made the legislation necessary, taken in conjunction with well known facts of which the court might take ..... to effect the acquisiton by mutual agreement with the petitioners or to take a decisive action in respect of the petitioners' lands under the provisions of urban land (ceiling & regulation) act, 1976, within a period of six months from the receipt of the writ of this court. ..... of union and state or local authority or any other authority or body established by or under any law for the time being in force and proposal for designation, the use of the land for residential, industrial, commercial or agricultural purposes.under section 20 of the gujarat town planning act, the area development authority or any other authority for whose purpose the land is designated in final development ..... (khokhra mehmedabad extension) no. .....
Tag this Judgment!Court : Gujarat
Reported in : 1992ACJ399; AIR1992Guj122; (1992)2GLR976
..... it will not be out of place to mention that in section 20 of the coal mines (nationalization) act, 1973, section 23 of the coking coal mines (nationalization) act, 1972, in section 16(3) of plantation labour act, 198 1, section 10f of companies act, 1956, section 7(7) of payment of gratuity act, section 35 of central excises and salt act, 1944, section 6(7) of qua remuneration act, 1976 and in section 5(c) of cinematograph act, 1952 provision identical to or analogous to section 166(3) proviso to the said provisions and various decisions dealing with ..... provision expressly excludes the applicability of section 5 in cases where an application for compensation is delayed by more than 12 months from the date of the occurrence of the accident (see supreme court decision in mohammad ashfaq (air 1976 sc 2161) (supra). 7. though not expressly by necessary implication, the supreme court of india has in its recent decision in the case of vinod gurudras raikar (air 1991 sc 2156) (supra) has supported ..... provisions has, therefore, to be judged not from the terms of the limitation act but by the provisions of the act relating to the filing of election petitions and their trial to ascertain whether it is a complete code in itself which does not admit of the application of any of the provisions of the limitation act mentioned in section 29(2) of the act'.from the aforesaid observation it becomes clear that if the scheme of special law i.e. ..... (3) expressly exclude further extension of time under section .....
Tag this Judgment!Court : Gujarat
Reported in : 1(1992)ACC717
..... 20 of the coal mines (nationalization) act, 1973, section 23 of the coking coal mines (nationalization) act, 1972, in section 16(3) of plantation labour act, 1981, section 10f of companies act, 1956, section 7(7) of payment of gratuity act, section 35 of central excise of salt act, 1944, section 6(7) of qua rem uneration act, 1976 and in section 5(c) of cinematograph act, 1952 provision identical to or analogous to section 166(3) proviso of the motor vehicles act 1988 are enacted. ..... compensation within the prescribed period of limitation is conferred to the claims tribunal, but such power is not unlimited power which a claims tribunal hitherto possessed prior to coming into force of the new act, but it is a limited power of condonation of delay between six months to 12 months from the date of the occurrence of the accident provided sufficient cause is shown by the applicant ..... the period prescribed by the schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in section 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local ..... idiot can not file an election petition to challenge an election, nor is there any provision in the act for legal representation of an election petitioner or respondent in that petition who the, in order to make section 16 of the limitation act applicable. ..... extension .....
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