Court : Allahabad
Decided on : Oct-20-2003
Reported in : [2004]136STC161(All)
..... commercial commodity known in a market world as a coloured paint. therefore, the process for producing the coloured paint amounts to manufacture as defined under section 2(e-1) of the act.12. it may also be useful to refer a few decision of the apex court on the point.13. in the case of b.p. ..... base material, which was semi-manufactured furnished goods and was not white paint and hence the process of tinting and mixing was manufacture as defined under section 2(e-1) of the act.6. being aggrieved by the assessment order, applicant filed appeal before the deputy commissioner (appeals), trade tax. deputy commissioner (appeals) remanded back the ..... of colour a coloured paint was manufactured which was different commercial commodity and hence the process of mixing/tinting/staining amounts to manufacture as defined under section 2(e-1) of the act. for coming to the aforesaid conclusion, the assessing authority referred the following facts :(i) on july 27, 2001 dealer in its statement stated that .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-20-2003
Reported in : 2004(1)AWC252; (2004)1UPLBEC252
..... meritec india ltd. v. state of u. p. and ors., 1996 (3) awc 2.220 (noc) : 1996 flr. this court has held as under :'section 5c (1) of the act provides that subject to any rules that may be made in this behalf, a labour court shall follow such procedure as it may think fit. it is, therefore ..... the regional conciliation officer, varanasi. on conciliation proceedings having failed, the following reference was made by the state government in exercise of powers under section 4k of the u. p. industrial disputes act, 1947 :'kiya sewayojkon dwara apne shramik basudev gupta putra shri bachnu gupta kee sewayen dinank 1.6.1995 se samapt kiya jana uchit tatha/ ..... the petitioner has force.16. the contention of the respondent is that the labour court held that the employer deliberately retained the attendance register as required to maintain under section 32 read with rule 18 (1) (a) of dookan aur vanijya adhisthan adhiniyam, 1962, that the employer-petitioner has failed to establish that the workman has .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-20-2003
Reported in : (2004)2UPLBEC1503
..... any of the provision of the statute. the court must look to the object which the statute seeks to achieve while interpreting the previsions of the act/rules/regulations. a purposive approach for interpreting the provision is necessary.43. it is also settled principle of interpretation of law that any interpretation which leads ..... case falls within the scope of the relevant statutory provisions and that the appellant corporation being a statutory corporation is bound by the life insurance corporation act as well as the statutory regulations and instructions and cannot put aside the same and order compassionate appointment. the supreme court has further pointed out that ..... for nearly twenty years, the family has pulled on apparently without any difficulty and that in this background the tribunal must be held to have acted illegally and without jurisdiction in directing the authorities to consider the case of the respondent for appointment on compassionate ground and to give him appointment if .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-20-2003
Reported in : 2004(1)AWC662
..... in favour of the workman vide its award dated 2.6.2000, impugned to this writ petition, which was enforced by publication on 5.12.2000 under section 6a of the u. p. industrial disputes act. against the impugned award this writ petition has been filed. the impugned award has been challenged, inter alia, on the ground that the labour court has .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-17-2003
Reported in : AIR2004All107; 2004(1)AWC88
..... proceed with the trial day to day and conclude the trial expeditiously as directed earlier vide order dated 24.4.2003.4. the respondent-petitioner, filed a transfer application under section 24 of the code of civil procedure. 1908 (hereinafter called 'c.p.c.') of the matrimonial case no. 544 of 1999, pending in the family court, allahabad, ..... any officer or authority, made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any such act of one judge.'19. the expression 'judgment' has been defined in section 2(9) of c.p.c., as judgment means the statement given by the judge on the grounds of a decree or order ..... : (a) of a tribunal, court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any uttar pradesh act or under any central act, with respect to any of the matters enumerated in the state list or the concurrent list in the seventh schedule to the constitution, or (b) of the .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-16-2003
Reported in : 2004CriLJ1529
..... and thereafter ran away. he replied in affirmative and stated that he could give no reason why the investigating officer had not recorded these facts in his statement under section 161, cr. p.c. it is pertinent to mention that the investigating officer, in his cross-examination, admitted that suresh chandra had not told the said ..... replied that he had told the said facts to the investigating officer and could give no reason why the investigating officer had not recorded them in his statement under section 161, cr. p.c. it is pertinent to mention that during cross examination, investigating officer admitted that madan lal had not mentioned to him these facts. ..... for the parties and perused :-- the depositions of the prosecution witnesses; the material exhibits tendered and proved by the prosecution, the statement of the appellant recorded under section 313, cr.p.c. and the impugned judgment and make no bones in observing that this appeal merits to be allowed and the reference made by the .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-15-2003
Reported in : (2004)1UPLBEC794
..... the corporation.4. sri muralidhar, senior advocate, submits that late satai married petitioner's mother, after taking permission from the employer, and that under section 16 of the hindu marriage act, 1955, a child born out of a marriage which is void or voidable, is a legitimate child. according to him, petitioner falls within the ..... conclusion. there can be a conflict of interest between wife and her children from first valid marriage and the child whose legitimacy is protected under section 16 of the hindu marriage act, 1955. a claim may be set up by persons alleging themselves to be children or strangers, causing litigation, delaying and thus, defeating the ..... her children.11. the permission given by competent authority, cannot grant any legal status to the second marriage which was void, being violative of section 5(i) of the hindu marriage act, 1955. the permission may have protected the deceased employee from the charge of misconduct, but that by itself will not make his second .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-15-2003
Reported in : 2004(1)AWC69
..... case, it was found by labour court that termination of petitioner's services would come within the purview of retrenchment notwithstanding the provision of clause (bb) of section 2(oo) of the central act. a special leave petition no. 6568-6570 of 2001 from the above judgment and other connected cases was dismissed by supreme court on 29.4.2001, by ..... 7.1996 the labour court decided the reference in her favour. it was found that petitioner's services were illegally terminated in violation of section 6n of the u.p. industrial disputes act, 1947 (in short, the act). the corporation was directed to reinstate her in service and to pay to her rs. 1,200 per month for the period she ..... the award, except for the brief period between 12.4.2001 and 29.4.2001, when the special leave petition was pending in supreme court. petitioner applied under section 6h (1) of the act for recovery under the award. aggrieved against the recovery certificates of rs. 35,040, rs. 26,280 and thereafter rs. 78.784, under .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-10-2003
Reported in : 2004(1)AWC403
..... than 240 days in a year that he was denied duty by the respondent orally w.e.f. 26.1.1993 without complying with the provisions of section 6n of the industrial disputes act, 1947.4. the petitioner raised an industrial dispute before the regional conciliation officer, bareilly alleging illegal termination of service which was registered as c.p. ..... the argument to the contrary.7. in so far as the contention of the petitioner that he was a daily wager and not a workman under section 2 (s) of the industrial disputes act, 1947, the labour court has given a finding of fact based on the evidence of the workman that the workman had not been given any ..... appointed against a sanctioned post in substantive vacancy. engagement for 240 days from time to time on daily wage would not attract the provision of section 6n of the u. p. industrial disputes act unless it could established that he had continuously worked for 240 days in previous year counting backward from the date of termination of service and .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-10-2003
Reported in : 2004(1)AWC81
..... 10.1997 copy of which is annexure-14 to the stay application in the special appeal. an f.i.r, was filed against the superintending engineer and one stenographer under section 409, i.p.c. copy of which is annexure-15 to the stay application in the special appeal. it is alleged that the head office was conscious about the ..... writ petitioners, whose details have already been given above. in such a situation all that was required of the authority before cancelling the selection and appointment was that it should act in a fair and bona fide manner. that was done in this case. in our opinion it was not necessary in such circumstances to further insist that opportunity of ..... process it is not necessary to give opportunity of hearing to the selected candidates. all that is expected of the competent authority in such a situation is that it should act in good faith, and take a bona fide decision whether to scrap the recruitment or not.26. in the present case, we have already held that there were grave .....
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