Court : Allahabad
Reported in : (1995)IIILLJ320All
..... for the trade unions respondents and the learned standing counsel. 3. learned counsel for the petitioner has made three submissions, namely, (i) authorities can act under section 3 of the act only when there is default on the part of the employer in payment of wages to the workmen and unless such a default is admitted or established ..... the interest of the maintenance of industrial peace and for preventing a grave threat to law and order, the powers given to the labour commissioner under section 3 of the act are like the emergency powers, which are to be exercised on his satisfaction about the default in payment of wages by industrial establishment. the final adjudication ..... are sought to be controlled by a quick shot in the arm by use of section 3(b). it is a balm for the time, not a quasi judicial determination. we may easily visualise other explosive occasions which traumatise society and so attract section 3(b).'the first submission of the learned counsel for the petitioner for the reasons .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1991All129; (1991)1UPLBEC355
..... supplied to petitioner although this court has already stayed the earlier orders passed by the district authorities and petitioner has also obtained no objection certificate under indian explosive act which is valid upto 31 st march, 1989, or they may release at least the gas worth rs. 16,535/- which petitioner has already deposited ..... proceeding in accordance with the relevant provisions of the arbitration act....... the contract providedfor resolution of disputes arising out of the carrying out of contract. the writ jurisdiction of the high court under art. 226 of ..... the case smt. rukmanibai gupta v. collector, jabalpur (air 1981 sc 479) wherein it was held (at page sc 482; air 1981) :--'......thus, arbitration act, 1940, is aself-contained exhaustive code. relief sought by the appellant by investing extraordinary jurisdiction of the high court under art. 226 could have been obtained by .....
Tag this Judgment!Court : Allahabad
Reported in : (1991)91CTR(All)43; [1991]187ITR679(All)
..... does not suffer from any infirmity.4. regarding the other question about the deduction under section 80u of the act, it has come on record that when the assessee was about fifteen years old, he received extensive burn injuries in an explosion on his left arm and right leg, with the result that his right leg ..... a medical certificate from a registered medical practitioner was also filed by the assessee before the lower authorities. the income-tax officer granted deduction under section 80u of the act to the assessee, but the appellate assistant commissioner decided against the assessee onthe ground that he is engaged in the business of the company and ..... commissioner, as is clear from the assessment order and the order of the appellate assistant commissioner. the assessee, as such, made an application under section 254(2) of the act before the appellate tribunal for rectifying the mistake on the ground that there was a medical certificate from a registered medical practitioner on record and .....
Tag this Judgment!Court : Allahabad
Reported in : [1991(62)FLR24]; (1995)IIILLJ723All; (1991)1UPLBEC163
..... the management and kept the petitioners away, was wrong. it is further indicated that the services of the workmen were terminated strictly in accordance with the provisions of the act specially those of section 6-n which is faithfully complied with.10. so far as the contention of the learned counsel for the petitioner that 'termination' of services of the employees in ..... of the act to the labour court or tribunal. this decision has since been followed by another division bench of this court in union of india v. kali charan 1978 (37) f.l.r. 232 and by a single judge in i.e.l. employees union, kanpur v. indian explosives ltd. 1982 l.i.c. 1116. another division bench of this court .....
Tag this Judgment!Court : Allahabad
Reported in : 1990CriLJ747
..... shops which would be more on account of precautionary measures, but it does not affect even tempo of the community. a panic may be created even where there is an explosion of fire crackers which may be on account of false fear mistreating fire-works for bomb, unleashd by a criminal at the public place in order to achieve his object ..... police party with a view to kill them near street no. 1 of tilak road. the bomb missed them and it exploded on the road. the police party after the explosion chased you and your, associates and could arrest you and 2 others, while others fled away. on search one knife and a cycle chain was recovered from possession of ..... town of ferozabad and a country made tamancha and two live cartridges without licence were recovered from your possession in respect of which a case against you under section 25/27 of arms act is pending the trial in the court.'held...in certain criminal charges mentioned in grounds numbers 2, 3, 4 and 5, there is no difficulty in arresting .....
Tag this Judgment!Court : Allahabad
Reported in : 1987CriLJ1784
..... the maintenance of public order as the petitioner was likely to be enlarged on bail in a pending case against him under sections 307/153a, i.p.c. and in another case under sections 4/5 of the explosives act registered against him.3. the detention order was served on the petitioner along with the grounds of detention. the petitioner ..... which the petitioner indulged had the propensity of disturbing public order and the apprehension of the district magistrate leading to the passing of the detention order 'under section 3(2) of the act cannot be regarded unsustainable.9. next contention of the petitioner is that the second order of detention dt. 12-11-1986 was passed without application of ..... detained from 7-10-1986 in pursuance of the earlier order dt. 6-10-1986. this amendment was made in accordance with the provisions of section 14(2) read with the proviso of the act.7. for the petitioner, it is contended, that the ground of detention does not make out that the case falls within the ambit of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All329
..... 1966 the divisional superintendent, lucknow, had sought to impose new conditions, it has to be seen as to what is the legal effect of the same. section 7 of the contract act 1872 provides that in order to convert a proposal into a promise, the acceptance must be absolute and unqualified. if this is not done and certain new ..... from its highest to its lowest point nowhere exceeds six meters; (b) the number of persons employed on any one day does not exceed fifty; and (c) explosives are not used in connection with the excavation.' the submission made on behalf of the appellant is that boulders, gravels, shingle etc. are only bigger and smaller forms ..... supply of drinking water, sanitation and medical facilities and shall equip and maintain the canteens, restshelters, creches etc. they shall employ qualified men for blasting and shall use explosives of the type and in a manner approved by the regional inspector of mines. 22. if the working of the quarry is partly or fully hampered or stopped .....
Tag this Judgment!Court : Allahabad
Reported in : 1986CriLJ1576
..... to be under section 3 of the explosive substances act, 1908 and not under section 5 of explosives act. the fact that no charge-sheet was submitted lends support to the submission ..... has admitted that the charge-sheet with respect to crime no. 227/83 under section 307, i.p.c. alone was submitted. he admitted that no charge-sheet was submitted in crime case no. 228/83, regarding offence under explosives act 1884. it is further explained in his counter-affidavit that in fact, offence committed appears ..... said activity was reported to the police on the basis of which two crime cases no. 227/83, under section 307, i.p.c. and crime case no. 228/83, under section 5 of the explosives act, were registered. it is mentioned therein that after the investigation the charge-sheet was submitted against the detenu about .....
Tag this Judgment!Court : Allahabad
Reported in : (1983)IILLJ100All
..... tribunal or a labour court. it is argued on behalf of the respondent that if the petitioner were dissatisfied with the notice of change given under section 4-i of the act, they could raise an industrial dispute and the state government could be moved to refer it for adjudication. the petitioners do not deny that the matter ..... . kumar to his office. it necessarily follows that the appellant owns a duty of public nature to restore him to his office. the duty arises from section 49 of the act and the factories welfare officers' rules. counsel for the appellant has relied on certain cases in support of his argument that a mandamus has never issued to ..... mehrotra, j.1. these two petitions under article 226 of the constitution are by workmen of m/s. indian explosives limited, kanpur and m/s. camphor and allied products ltd., bareilly which are companies registered under the companies act. the primary relief sought by the petitioners is for a writ, order or direction in the nature of mandamus or .....
Tag this Judgment!Court : Allahabad
Reported in : (1981)IILLJ159All
..... control the rights of the employer to deal with their workmen. even when there is no industrial dispute pending adjudication as aconsequence of an order passed under section 4-k of the act section 4-i places restrictions of the right of the employer to effect changes in the conditions of service applicable to his or its workmen in respect of ..... it had done so on account of some misapprte hension or that it must hear the management before passing an order of reference either under section 10 of the central act or under section 4-k of the act.16. in avon services production agencies (p) ltd. v. industrial tribunal haryana and ors. (supra) the supreme court while disposing of an ..... is a public limited company registered under the companies act, 1956, and is engaged in the business or manufacture and sale of explosives and fertilisers. the petitioner before us is its fertilizer division having its factory at panki, kanpur. by means of this petition under article 226 of the constitution, the .....
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