Court : Mumbai Nagpur
b.r. gavai, j. 1. the present appeals take an exception to judgment and order passed by the learned single judge of this court dated 20.11.2008, thereby allowing writ petition no.1481 of 2006, dismissing writ petition no.446 of 2006, thereby modifying judgment passed by the learned industrial court dated 10.10.2005 in complaint (ulp) no.245 of 2004. 2. the facts, in brief, giving rise to the present appeals, are as under: the appellant employer, deals in manufacturing and sale of synthetics fibres and draws texturised yarn established by the respondents. the establishment of the appellant is situated at midc (maharashtra industrial development corporation) area, buritibori, nagpur. the respondents are claiming to be elected representatives of the appellant employer. the appellant and the respondents have entered into various settlements last one being dated 22.5.2002. that the employees of the appellant, who were working in the quality control department, were transferred to the other departments. the respondents thereafter approached the learned industrial court with a grievance that by transferring the employees from the quality control department, the appellant has committed an illegal change, as notice of change under section 42(1) of the bombay industrial relations act, 1946 (for short, the bir act ) was not given. it is further contended that this act of the appellant amounts to unfair labour practice under item no.9 of schedule iv of the maharashtra recognition of .....
Tag this Judgment!Court : Mumbai Nagpur
..... to find out the real reason of making an appointment on temporary basis, and if the action is not found to be bona fide, an appropriate direction can be issued to provide protection in service by treating the appointment on probation, even if it is shown to be on temporary basis or for a fixed period. ..... if the school tribunal is not satisfied about the genuineness and validity of such reasons and material, it will have a jurisdiction to pass all such orders as are necessary to protect and provide security and stability to the employee concerned to attain the object of enactment. 23. ..... if the exercise of discretion is found to be arbitrary, unreasonable, capricious or is a colourable exercise of power to defeat the protection in service granted by the statutory provisions, then the court is empowered even to invoke the principles of lifting of veil? ..... , to consider and decide the question as to whether in the given facts and circumstances of the case, an order of appointment on temporary basis or for a fixed period in a permanent vacancy cannot be treated as one on probation and the employee is entitled to protection in service, in a challenge to the order of termination. ..... the vacancy must be advertised to allow equal opportunity to eligible candidates. .....
Tag this Judgment!Court : Mumbai Nagpur
..... a family arrangement by which the property is equitably divided between the various contenders so as to achieve an equal distribution of wealth instead of concentrating the same in the hands of a few is undoubtedly a milestone in the administrating of social justice. ..... the object of the arrangement is to protect the family from long-drawn litigation or perpetual strifes which mar the unity and solidarity of the family and create hatred and bad blood between the various members of the family. ..... 364 makes the following pertinent observations regarding the nature of the family arrangement which may be extracted thus; the principles which apply to the case of ordinary compromise between strangers, do not equally apply to the case of compromises in the nature of family arrangements. ..... it is equally important now in the light of the above documents to have a look at the averments in the plaint. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the petitioner continues to work on a subordinate post of health assistant and due to provisions of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (hereafter referred to as, 1995 act ) his wages are protected. 5. ..... accordingly, respondent nos.3 and 4 have protected his service as also his wages, however, he is made to work on a inferior post of health assistant. 9. ..... perusal of provisions mentioned (supra) clearly show that the petitioner cannot be thrown out of employment and his service needs to be protected. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 5993/2010 the challenge before the learned single judge was to the order dated 15.09.2010 passed by the hon'ble minister (food, civil supplies and consumer protection), reviewing his earlier order dated 05.09.1997 and thereby granting renewal of semi wholesale kerosene license to respondent no.5, after he paid the necessary amount and penalty. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it also has pointed out that the doctrine of "level playing field" is embodied in article 19(1)(g) of the constitution and provides space within which equally-placed competitors are allowed to bid so as to sub-serve the larger public interest. ..... it is expected to protect the financial interest of the state. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the question is whether the transfer of suit property by laxmibai in favour of the defendant nos.1 and 3 on 4-6-1974 at exhibit 74 is protected under the provisions of section 41 of the transfer of property act read with section 115 of the evidence act. ..... the suit property, for which they had no objection, the transaction at exhibit 74 in favour of the defendants has to be presumed as bona fide with the consent of the plaintiffs and such direct representation by signing as attesting witness, protects the transaction under section 41 of the transfer of property act. ..... section 41 of the transfer of property act is aimed at protecting the transfer by an ostensible owner with the consent express or implied of the real owner of the immovable property for consideration, provided that the transferee, after taking reasonable care to ascertain that the transferor had ..... it is equally well settled that the claim of hindu widow to be maintained is not a mere formality which is to be exercised as a matter of concession, grace or gratis but is a valuable, spiritual and moral right. .....
Tag this Judgment!Court : Mumbai Nagpur
..... by subsequent notification dated 01.10.1970 such teachers recruited prior to 30.09.1970 were given protection and they could not be regarded as untrained. ..... state, (supra), in para 17, considers the issue when a bench of equal strength finds itself unable to agree with the view of coordinate bench. ..... 2 years training course is equal to training course stipulated in 3rd entry in category f i.e. .....
Tag this Judgment!Court : Mumbai Nagpur
..... in this background it has been found that a person who is being paid meagre salary even if he's doing managerial, administrative, supervisory or technical work is extended the protection and the words "basic pay excluding allowances" need to be interpreted with this idea in mind. ..... hence it was concluded that respondent was pushed out of protective zone of enactment. ..... complaint filed by union was on behalf of of employees in printing presses who were claiming wages equal to employees in newspaper establishment. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 5993/2010 the challenge before the learned single judge was to the order dated 15.09.2010 passed by the hon'ble minister (food, civil supplies and consumer protection), reviewing his earlier order dated 05.09.1997 and thereby granting renewal of semi wholesale kerosene license to respondent no.5, after he paid the necessary amount and penalty. .....
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