Court : Allahabad
Reported in : 1998(3)AWC1629
..... providing any service or facilities in connection with holding of hats, bazars and melas. the resolution is clearly against the spirit of the provisions of section 15 (h) of the act. this provision does not contemplate that the gaon sabha is entitled to impose certain restrictions on the rights of the defendant-appellants to hold hats ..... restricted only by putting reasonable restriction by a valid law. total prohibition is permissible in cases where trade is inherently dangerous, such as, trading in dangerous goods, explosives, tourism or trafficking in women or the like, but where there is a lawful business activity. it cannot. in any manner, be subjected to any fetters or ..... the defendant appellants on their own plots. is restrictive in character or it was merely a regulatory measure. a bare reading of the provisions of section 15 (h) of the act would indicate that the duty of the gaon panchayat for regulation of melas, market and hats rests on making of reasonable provision. insofar as its .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)IILLJ956All
..... defined to mean the individual, the wife or husband and their children including brothers and sisters of such individual. this definition is contained in section 2(v) of the act. thus, the petitioners contend that whereas employment of children in certain occupations and industries may be prohibited, yet an exception has been made. ..... 8 process (1) bidi making.(2) carpet-weaving, (3) cement manufacture, including bagging of cement.(4) cloth printing, dyeing and weaving.(5) manufacture of matches, explosives and fire works.(6) mica-cutting and splitting.(7) shellac manufacture.(8) soap manufacture. (9) tanning(10) wool-cleaning.(11) building and construction industry.(12) manufacture ..... survey of the state government had not taken this into account.25. now, the court refers to those occupations where the act regulates the conditions of work. section 6 of the act provides that part iii insofar as it regulates the conditions of work of child labour, applies to those establishments in which .....
Tag this Judgment!Court : Allahabad
Reported in : 1999CriLJ1050
..... this occurrence, reports were lodged as case crime no. 238 of 1997, under sections 147/148/149/307, i.p.c., case crime no. 239 of 1997, under section 25 of the arms act and case crime no. 242 of 1997, under section 4/5 of explosive substance act. in respect of this occurrence a report was also lodged by inspector in- ..... order of detention was passed were not supplied to the petitioner. thus he could not make effective representation and the impugned order vitiated for non-compliance of section 8 of the act.(3) lastly, it has been submitted that there was inordinate and unexplained delay by the central government in deciding the representation of the petitioner which has ..... be mentioned in the representation.11. the impugned order of detention served on the petitioner on 5 -12-1997 was approved by the state government under section 3(4) of the act on 12-12-1997. the fact of approval was communicated to the petitioner on 15-12-1997. same day, the central government was also informed about .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1160; 1999CriLJ2340
..... persons. a case was registered as case crime no. 1076 of 1997, under section 147/148/302/307/427/120b, i.p.c., 7 criminal law amendment act. 3/25 arms act. 3/4 of the public properties (prevention ofdamages) act and 3/5 of explosive substances act. subsequently, the tata mobile was recovered from the house of chandresh paswan. ..... .23. in our opinion, further detention of the petitioner has been rendered illegal as the constitutional safeguards under article 22(4) of theconstitution read with section 10 of the act was denied to the petitioner.24. for the reasons stated above, the petition is allowed. as the continued detention of the petitioner has been rendered illegal ..... there is yet another ground which we have noticed on perusal of the original record placed before us which is also sufficient to vitiate further detention. section 10 of the act casts an obligation on the appropriate government that it shall. within three weeks from the date of detention of a person under the order, place .....
Tag this Judgment!Court : Allahabad
Reported in : 1999CriLJ2759
..... the aforesaid incident a criminal case was registered as case crime no. 1076 of 1997, under sections 147/148/149/332/427, i.p.c., 3/5 explosive substances act, 7 criminal law amendment act, 3/ 25 of arms act and 3/4 of public property act, at p.s. shahpur, district gorakhpur. during investigation involvement of the petitioner-kamlesh paswan, ..... which is approved or confirmed by the state government. at no stage there was a dispute to be adjudicated upon. the appropriate government under section 12, of the act only acts on the basis of the report of the advisory board and the material supplied to it by the detaining authority. we also find support from ..... the detenue to be released forthwith. revocation of the detention order and causing the release of the detenue is statutory obligation and compulsion under sub-section (2) of section 12 of the act. it is imperative and no discretion is allowed to the appropriate government. thus, in the situation covered by the said provision, there is .....
Tag this Judgment!Court : Allahabad
Reported in : (2001)IIILLJ482All
..... dispute but it only sets the process of adjudication in motion where the employer shall get full opportunity.'11. a reference may also be made to the cases of indian explosive factories, kanpur v. state of u.p. and ors., 1981 (42) flr 408, avon services production agencies (p) ltd. v. industrial tribunal, haryana and ors., air 1979 sc ..... company v. western india match company workers union, air 1970 sc 1205 : 1970(1) scc 225 : 1970-ii-llj-256 that 'from the words used in section 4-k of the act there can be no doubt that the legislature has left the question of making or refusing to make a reference for adjudication to the discretion of the government ..... the application moved before the conciliation authorities. it is further submitted that the delay was explained and in any case there is no limitation under section 4-k of the u.p. industrial disputes act and since the dispute still exists, the state government was well within its power to make the reference. it is also submitted that the .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC287; [2000(84)FLR794]; (2000)ILLJ1104All
..... (regulation and abolition) act, 1970 (the contract labour act) on the definition of the word 'employer' as in clause (iv) of section 2 (i) (the section 2 (i), (iv)) of the u. p. stale industrial disputes act (the state act). docs the contract labour act override section 2 (i) (iv) of the state actfacts 2. the indian explosive limited (the company), ..... respondent no. 2, manufactures urea and is within the purview of the contract labour act. it is ..... with each other. these provisions require harmonious interpretation. if an industry is an employer of the workman engaged by a contractor under section 2 (i) (iv) of the state act, then the workman does not lose that status merely for the reason that the industry and the contractor engaging them are registered or .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC421
..... on bail, it would result in communal disharmony and. therefore, the situation in the area may become explosive. the s.s.p., varanasi, sponsored the case for detention of the petitioner under section 3(2) of the act and thereupon after taking into consideration the material placed before him. the district magistrate passed the detention ..... order on 29.1.1999. a copy of which is annexure-1 to the writ petition. the grounds which are required to be specified under section 8 of the act and were undoubtedly served on the petitioner alongwith detention order, are contained in annexure-2. making a detailed reference to the two incidents, referred to ..... 'law and order' and not of 'public disorder' and, therefore, the district magistrate, varanasi, had no jurisdiction to pass the detention order under section 3(2) of the act, and, secondly, therehas been inordinate delay in disposal of representation of the petitioner by the state government with the result the detention order shall stand vitiated .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1180; 2000CriLJ3252
..... the campus. public peace was disturbed and a first information report was lodged. case crime no. 211 of 1999 under section 147/148/149/307. i.p.c. was registered read with section 5 of the explosives substances act.2. on 23.4.99 the station officer. hasanganj when reached on the spot found an atmosphere of fear and terror ..... senior superintendent of police.3. on the basis of the material produced before him, the district magistrate was satisfied subjectively to detain the petitioner under section 3(3) of the national security act.4. it was contended by the learned counsel for the petitioner that the report of the station officer to the senior superintendent of police, which ..... s.h.a. raza, j. 1. by means of the impugned order dated june 24, 1999 the district magistrate, lucknow, exercising its powers under section 3(3) of the national security act, 1980, detained the petitioner in district jail, lucknow. the ground of detention discloses that on april 22, 1999 at about 3.20 p.m. one sri .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1747
..... have also not complied with the requirement of rule 131 of the petroleum rules. therefore, the question of issuing a writ of mandamus to the chief controller of explosives for considering their applications for grant of a licence in form xii does not arise and consequently such a relief cannot be granted to them.16. sri asthana ..... ,and all other building facilities forming part of the premises proposed to be licensed ; (v) the areas reserved for different classes of petroleum including petroleum exempted under section 11 of the act; and (b) a scrutiny fee of (rupees twenty) paid in the manner specified in rule 13. (2) if the chief controller, after scrutiny of the ..... for such storage licence is required to be obtained in form xii and the authority empowered to grant such licence is the chief controller or a controller of explosives authorised in this behalf by the chief controller. the appellant being a licensee for importing and storing petroleum class b in form xi is not entitled to .....
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