Court : Supreme Court of India
Reported in : AIR1981SC1829; 1981LabIC1313; (1981)IILLJ314SC; 1981(3)SCALE1275; (1981)4SCC335; [1982]1SCR438; 1981(2)SLJ349(SC)
..... ground taken by the applicant-air india in the transfer petition was that other writ petitions filed by the air hostesses employed by the indian airlines corporation (hereinafter referred to as 'i.a.c. ..... the other provisions of the (953 act are not germane for the purpose of this case. ..... statutory regulations made under the air india corporation act of 1953 or the indian airlines corporation act of 1953 would be referred to as 'a.i ..... 3(2) provided that each of the two corporations would be a body corporate having perpetual succession and a common seal subject to the provisions of the act to acquire and hold property. ..... by virtue of section 3 of the 1953 act, the central government by a notification published in the official gazette created two corporations known as indian airlines and air india ..... declaration by the central government under equal remuneration act as 'declaration' and equal remuneration act 1976 as '1976 act'. ..... section 4 of the 1953 act provides for the constitution of the corporations and section 5 deals with the conditions of service of the chairman and other directors of the ..... provisions of the act completely nullify this argument and clearly show that the two corporations formed one single unit to be controlled by the central government under the 1953 act. ..... air corporation act of 1953 as '1953 act. ..... is manifest therefore from a perusal of the various provisions of the 1953 act that a. i. ..... two corporations were part of the same organisation set up by the 1953 act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC895; [1960(1)FLR98]; (1961)ILLJ227SC; [1961]3SCR536
..... as the decisions of industrial tribunals in support of his argument that the full bench formula which governs the decision of bonus disputes postulates that a claim for bonus can be entertained if two conditions are satisfied; the employer must have made profit in the relevant year, which after the deduction of prior charges leaves sufficient available surplus; and there must be a gap between the wages actually paid to the employees and the ..... at the outset it is necessary to state that the plea raised by the appellant assumes that as soon as a living wage standard has been reached by any employer it would be unnecessary for him to pay any bonus to his employees. ..... 12(4) of the industrial disputes act, 1947 (xiv of 1947). ..... 12(5) of the act. 2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1995)ILLJ259SC; (1994)5SCC116
..... initiate criminal prosecution against the contractors/employers or their agents who engage bonded labour and employ children below the age of 14 without adequate monetary compensation by paying wages below the minimum wage rate, as prescribed under the minimum wages act. ..... appoint an independent body such as a local non-political social action group to collect independent information and details of- (a) the prevalence of the exploitative practice of bonded labour and(b) employers or their agents perpetrating the willful violation of the law by encouraging and abetting the practice of bonded labour. ..... -(a) regular inspection by the labour commissioner concerned to keep the contractors who have in the past employed bonded labourers under watch,(b) setting up of vigilance committees in each district. ..... reference to the state of madhya pradesh this hon'ble court might consider the following additional directions:(i) to provide data to this hon'ble court in respect of prosecutions launched against various employers already identified in proceedings before this hon'ble court as having employed bonded labourers in the context of harwaha system. ..... (9) to initiate criminal prosecution against those employers, contractors or their agents who make part payment of wages by way of khesri dal which is known to cause permanent disability ..... (6) to provide adequate shelter, food, education to the children of the bonded labourers and medical facilities to the bonded labourers and their families as part of a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC5100; JT2004(8)SC589; (2005)141PLR85; 2004(8)SCALE659; (2004)8SCC1; (2005)1UPLBEC239
..... this court has also held that the disqualification is attracted no sooner a third child is born and is living after two living children and merely because the couple has parted with one child by giving it away in adoption, the disqualification does not come to an ..... a person shall be disqualified for being chosen as and for being a member of a municipality --xxx xxx xxx(c) if he has more than two living children :provided that a person having more than two children on or after the expiry of one year of the commencement of this act, shall not be deemed to be disqualified'.xxx xxx xxx'3. ..... court held that the legislative intent to compute the period of one year under the proviso is from the 'commencement of this act' meaning thereby from the date of coming into force of haryana act 3 of 1994 and not haryana act 15 of 1994 which merely substituted the word 'after' by the word 'upto'. ..... that day, the legislature specifically provided that a person having more than two children on or after the expiry of one year shall stand disqualified. ..... while a person having more than two living children on 5th april, 1994 became disqualified for being a member of municipality on that day and the disqualification continued to operate for a period of one year calculated from 5th april, 1994 yet on the expiry of the ..... proviso to clause (c) of sub-section (1) of section 13a of the haryana municipal act, 1973 (hereinafter called the principal act), for the word 'after', the word 'upto' shall be substituted.'5. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1323; [1964]2SCR722
..... much relied on bylearned counsel for the appellants and in particular to the illustrationsappended to it and we shall, therefore, refer to some of these illustrations :-'(a) a bequest is made -to a and his children,..................................................................to a and the heirs male of his body,.......................in each of these cases, a takesthe whole interest which the testator had in the property. ..... indian christian, the rules of law and theprinciples of construction laid down in the indian succession act x of 1865which was in force in 1907 govern the interpretation of this will. ..... discussion by stating that we are, in the case beforeus, concerned not with any special rule of law but only with the rules laiddown by the act for the construction of wills. ..... it should beadded that the act of 1865 has been repealed, but every one of its relevantprovisions has been re-enacted in exactly the same terms in ..... as, however, the act of 1865 was the statute in operation at therelevant time we shall refer to its provisions and to ..... 82 of the act, when a bequest is made the presumption is in favour ofits being absolute and the point urged was that there was no contrary intentionmanifested to displace this statutory presumption, for if the bequest in ..... the ordinary rules governing theconstruction of all documents whether they are dispositions testamentary orinter vivos or are non-dispositive, rules which would have been applicable evenapart from specific provision in the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC2271; [1994(68)FLR1110]; JT1994(3)SC133; (1994)IILLJ382SC; 1994(2)SCALE420; (1994)4SCC58; [1994]3SCR184; (1994)2UPLBEC859
..... providing long term financial security to the families of industries employees in the event of their premature death, it is proposed to introduce a family pension fund for the employees covered under the two acts, and to create a family pension fund for this purpose by diverting a portion of the employer's and the employee's contribution to the provident fund, to which will be added a contribution by the central government. ..... the ist day of march, 1971; (b) who has been a member of the employees' provident fund or provident fund of factories and other establishments exempted under section 17 of the act immediately before the commencement of this scheme and opts to exercise his option under para graph 4:provided that an employee who attains the age of more than 59 years on the date on which ..... cases in which the amount payable, on the death of an employee, to his wife and minor children was too small to be of any help to them - particularly where an employee died within a few years of his employment. ..... view to provide long-term payments (pension) to the widow or minor children in such cases, the parliament thought of creating a family pension fund ..... ,(a) family pension (pension payable to widow or minor children on the death of employee before attaining the age of 60 years); (b) life assurance benefits [clause (31) of the scheme]; and(c) retirement-cum-withdrawal benefits [clause ..... advances out of the fund in certain situations like illness, marriage or education of children and so on. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC38; JT1991(3)SC408; 1991(1)SCALE295; (1991)4SCC174; [1991]3SCR524
..... (5) the central government and the government of haryana will take all necessary steps for the purpose of ensuring that minimum wages are paid to the workmen employed in the stone quarries and stone crushers in accordance with the principles laid down in this judgment and this direction shall be carried out within the shortest possible time so that within six weeks from ..... (12) the central government and the government of haryana will ensure that minimum wage is paid to the women and/or children who look after the vessels in which pure drinking water is kept for the workmen. ..... krishan mahajan to study the working conditions prevailing in the various quarries within the faridabad district with particular reference to violation of provisions of the bonded labour system (abolition) act of 1976 and inter-state migrant workmen (regulation of employment & conditions of service) act. ..... of haryana will, without any delay and at any rate within six weeks from today, constitute vigilance committee in each sub-division of a district in compliance with the requirements of section 13 of the bonded labour system (abolition) act, 1976 keeping in view the guidelines given by us in this judgment. ..... vigilance committee and the district magistrates will take the assistance of non-political social action groups and voluntary agencies for the purpose of ensuring implementation of the provisions of the bonded labour system (abolition) act, 1976. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : III(2005)ACC717; 2005ACJ2084; AIR2005SC3280; 2005(5)ALD85(SC); 2005(5)ALLMR(SC)1090; 2005(4)AWC3868E(SC); 2006(1)BomCR338; IV(2005)CPJ14(SC); 2005(4)CTC627; JT2005(7)SC606;
..... the plaintiffs-respondents, respectively husband and wife, filed a suit against the state of punjab, the appellant before us and a lady surgeon who was in the state government's employment at the relevant time, for recovery of damages to the tune of rs. ..... general has also very fairly not disputed the vicarious liability of the state, if only its employee doctor is found to have performed the surgery negligently and if the unwanted pregnancy thereafter is attributable to such negligent act or omission on the part of the employee doctor of the state. 8. ..... negligence becomes actionable on account of injury resulting from the act or omission amounting to negligence attributable to the person sued. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2003(9)SC472; 2003(10)SCALE12; (2003)12SCC84; (2004)1UPLBEC997
Arijit Pasayat, J.1. A teacher affects the eternity. He can never tell where his influence stops; said Henry Adam. Any educational institution for its growth, and acceptability to a large measure depends upon the quality of teachers.2. Educational institutions are temples of learning. The virtues of human intelligence are mastered and harmonised by education where there is complete harmony between the teacher and the taught, where the teacher imparts and the student receives, where there is complete dedication of the teacher and the taught in learning, where there is discipline between the teacher and the taught, where both are worshipers of learning, no discord or challenge will arise. An educational institution runs smoothly when the teacher and the taught are engaged in the common ideal of pursuit of knowledge. It is, therefore, manifest that the appointment of teachers is an important part in educational institutions. The qualifications and the character of the teachers are really ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3236; JT1997(7)SC298; (1998)IMLJ93(SC); 1997(5)SCALE380; (1997)7SCC452; [1997]Supp3SCR251; 1997(2)LC459(SC)
S.B. Majmudar, J.1. The appellant on grant of special leave to appeal has brought in challenge the judgment and order rendered by the High Court of Judicature at Allahabad, Lucknow Bench dismissing the appellant's Second Appeal and in turn confirming the judgment and decree passed by the Trial Court against the appellant and as confirmed by the Court of the Additional District Judge, Lucknow, U.P. The appellant was original defendant No. 2 in the suit filed by predecessor-in-interest of respondent Nos. 1 to 3 herein, one Zahirul Huq, for specific performance of an Agreement of reconveyance of suit property which is a residential house. We shall refer to predecessor-in-interest of respondent Nos. 1 to 3, Zahirul Huq as plaintiff and the appellant, who was original defendant No. 2, as defendant No. 2 and predecessor-in-interest of respondent Nos. 4 and 5 as defendant No. 1. A few facts for appreciating the grievance of defendant No. 2, appellant before us in these proceedings, deserve to...
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