Court : Mumbai
Decided on : Jan-10-2003
Reported in : 2003(1)ALLMR810; 2003(3)BomCR22; 2003(2)MhLj437
..... similarly situated workers were given different treatment and they were made permanent by the respondents and in view thereof he raised industrial dispute under section 10 of the i.d. act claiming reinstatement with full backwages and continuity of service from 1-6-1986. since the conciliation officer submitted failure report, the state government ..... 25, 1986. the respondent was discharged from the work on its closure on january 15, 1989. thereafter, he approached the labour court under section 10 of the industrial disputes act. on a reference, the labour court held that the respondent is entitled to continuity of service with backwages since it amounts to dismissal. the ..... the irrigation department or work connected with the state of maharashtra would, therefore, fall within the definition of an industry for the purpose of section 2(j) of the i. d. act. 10. mr. ganguli, learned counsel for the petitioner on merits submitted that having considered the entire service of the petitioner from 1st .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-10-2003
Reported in : 2003(1)AWC541
..... in paragraphs 13 and 16 of thepetition, some of the posts are single posts, e.g., general manager (project/finance), general manager (development), etc. the reservation policy under the 1994 act in applicable to the u. p. s.i.d.c. 21% reservation are for scheduled caste, 2% for scheduled tribes and 27% for other backward class. by the impugned advertisement ..... after correctly applying the reservation percentage prescribed under the u. p. public services (reservation in favour of the scheduled caste, scheduled tribe and other backward classes) act, 1994, (hereinafter referred to as the 1994 act) in accordance with hundred point roster after taking into account the reservation qua the cadre strength with regard to individual posts and only thereafter to make any .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-10-2003
Reported in : 2003(2)ALD392; [2003]117CompCas340(AP); (2003)IILLJ798AP
..... it had, namely two sheds, were sold by apiic they chose to file applications before the official liquidator staking their claim under section 529-a of the act. section 529-a of the act, as already held, has no application to the employees of the subsidiary company. it gives right to workmen of holding company to ..... industry, the workmen would suffer retrenchment even if there is no specific order retrenching such workmen. a reading of provisions of section 25fff, sub-section (8) of section 25o and section 25f of the industrial disputes act would show that the relationship of 'master' and 'servant' between workman and employer in the event of industry being closed ..... treated as workmen. the terms 'workmen', 'workmen's dues' and 'workmen's portion' are explained by sub-section (3) of section 529 of the act, which reads as under.529(3). for the purpose of this section, section 529a and section 530,-- (a) 'workmen', in relation to a company, means the employees of the company, being workmen within .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-10-2003
Reported in : 2003(2)ALLMR64; 2003(3)BomCR858
..... again under taken the same exercise for the same purpose.9. moreover, the m.r.t. clearly stepped outside the well-established parameters of its jurisdiction under section 76 of the act by interfering with the concurrent findings of fact which were not vitiated by any error of law or perversity. indeed, the courts below have rightly followed the ..... the appellate court observed that the a.l.t. who had dropped the proceedings had wrongly presumed that the suit property is covered under the provisions of section 88-b of the act. section 88-b exempts lands which are property of the trust, including a public trust registered under the bombay public trusts ..... s.a. bobde, j.1. this petition is by tenants or agricultural land whose rights to purchase the land under section 32-g of the bombay tenancy and agricultural lands act, 1948 (hereinafter referred to as the 'act') have been interfered with by the maharashtra revenue tribunal (for short the 'm.r.t.') by remanding the proceedings to the tahsildar .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-10-2003
Reported in : 2003(2)MPHT145; 2004(1)MPLJ180
..... the learned 1st additional district judge, bhopal in civil suit no. 07-b/91, whereby the suit of the plaintiffs has been dismissed, the plaintiffs have preferred this appeal under section 96 of the code of civil procedure (hereinafter referred to as 'the code').2. in brief, the case of plaintiffs is that their adult son mohd. javeddied on account of .....
Tag this Judgment!Court : Orissa
Decided on : Jan-10-2003
Reported in : 95(2003)CLT390
..... ., '15 multiplier', is erroneous and is not applicable to the present case.7. it is well settled that insurer cannot go beyond the defence available to it under section 170 of the act for which it cannot challenge the quantum of compensation as well as the negligence. but at the same time, this court can interfere with the quantum only when the ..... the s.c.b medical college hospital, cuttack, where he ultimately succumbed to the injuries on 2.1.1999. the parents of the deceased filed the application under section 166 of the m. v. act, 1988 claiming a compensation of rs. 3 lakhs.4. the tribunal on an analysis of the oral and documentary evidence came to hold that the death of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-10-2003
Reported in : 2003(3)ALD540; 2003(2)ALT356
Bilal Nazki, J. 1. These five Writ petitions are in fact directed against a common order passed by the Andhra Pradesh Administrative Tribunal in O.A.Nos. 5025/99 and 6271/2001 dated 7-12-2001. All the Writ petitions raise same questions of law and fact therefore they are decided by this common judgment. 2. The detailed facts have been mentioned by the Tribunal in its order. Shorn of details:- The O.As were filed before the Tribunal challenging Note-1(i) and Note-6 of rule-3 of G.O. Ms. No. 505, dated 16-11-1998 as being violative of the fundamental rights being discriminatory in character. The Tribunal accepted the contentions and quashed Note-1(i) and Note-6 of Rule-3 of G.O. Ms. No. 505, dated 16-11-98. 3. Now, the only question which is to be answered by this Court is whether the Note-1(i) and Note-6 of rule-3 of G.O. Ms. No. 505 is unconstitutional, or not. Therefore, before going to the arguments on either side it will be necessary to reproduce the relevant portions of the G.O. Th...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-10-2003
Reported in : 2003(1)ALD(Cri)296; 2003(2)ALD(Cri)848; 2003(1)ALT(Cri)555; 2003(2)ALT(Cri)37; II(2003)BC435; 2003CriLJ1462
..... genuineness or otherwise of the allegations made in the complaint. 10. in maruti udyog ltd. (4 supra), the apex court has held that by virtue of section 139 of the act, the court has to draw a presumption that the holder of the cheque received it for discharge of a debt or liability until the contrary is proved and ..... the petitioners vehemently contended that the cheques were given as security and that there was no existing liability or debt and, therefore, prima facie the ingredients under section 138 of the act are not made out and, hence, he prays to allow the revision and discharge the accused. learned counsel for the 1st respondent contended that the cheques were ..... court. the accused filed a petition seeking to discharge them from the main case, as the averments in the complaint did not disclose the offence punishable under section 138 of the act. the said petition was dismissed on the ground that some disputed questions of fact and mixed questions of fact and law have to be decided in a .....
Tag this Judgment!Court : Chennai
Decided on : Jan-10-2003
Reported in : AIR2004Mad43; (2003)1MLJ669
..... necessary, by a charge on the immovable property of the respondent. ' 42. this court in the case rajagopalan v. kamalammal : has held that under section 25 of the hindu marriage act, permanent alimony can be granted even to an erring spouse. therefore, even though the decree of divorce is granted on the ground of desertion by the ..... bound to cause him both mental and physical torture which, would be covered by the expression 'cruelty' as used in connection with matrimonial matters covered by section 13(1)(i-a) of the act. ' learned counsel also referred to the judgment of the supreme court in romesh chander v. savitri : wherein the supreme court held that, ' marriage ..... ., that was due to cruelty of the husband for the reasons already stated is not acceptable; therefore, the act of leaving the matrimonial home by the wife is not justifiable under section 13(1) of the hindu marriage act. even thereafter, the husband filed a petition for restitution of conjugal rights, as early as 5.9.1988 .....
Tag this Judgment!Court : Kerala
Decided on : Jan-10-2003
Reported in : AIR2003Ker213; II(2003)DMC257; 2003(1)KLT740
..... to seek the same relief alleging the grounds of desertion or cruelty as the case may be against the person who had instituted the petition under section 10 of the divorce act. section 15 contemplates an application by the opposite party concerned seeking almost same relief as admissible in part iii namely dissolution of marriage. in other words ..... .4. but the contention of the appellant husband is that his counter claim was not under section 15, but under rule 6a order 8 cpc read with section 45 of the act. section 45 makes cpc applicable to the proceedings under the act. therefore any one who has having a counter claim can raise such a claim under order ..... respondent in the petition.3. independent proceedings are permissible for divorce under section 10 which appears in part iii of the divorce act and for nullity of marriage under section 18 which appears in part iv of the act. section 15 appears in part iii of the act. section 15 enables a husband or wife as the case may be arrayed as .....
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