Court : Mumbai Nagpur
..... by the corporation and the services of the complainants were transferable to the dye house, which was a factory?, as defined in clause (m) of section 2 of the factories act, and consisted of the posts of junior clerks on the establishment. it has been held that the entire establishment of the corporation consisting of all departments ..... statement that there is no functional integrality between the dye house of the corporation, which is a factory? within the meaning of clause (m) of section-2 of the factories act, and the other establishments of the departments of the corporation where the complainants were working. as pointed out earlier, the findings of both the courts ..... workmen are entitled to be reinstated with full back-wages and continuity of service.? it has been held that in terms of sub-section (7) of section 25-n of the industrial disputes act, the workmen therein were entitled to a declaration that the notices of retrenchment are illegal from the date of the said notices for .....
Tag this Judgment!Court : Mumbai Nagpur
..... in claim petition no. 354 of 2006 delivered by the motor accident claims tribunal, buldana. 2. appellants are the original claimants who had filed a petition under section 166 of the motor vehicles act against the respondents claiming compensation of rs.15,00,000/- for the loss caused to them by the death of ganesh. appellant no.1 is the widow of .....
Tag this Judgment!Court : Mumbai Nagpur
..... labour practice, and to assist the industrial or the labour court in discharging their duties. the duties of the investigating officers are also prescribed under section 9 of the said act. section 30 of the said act deals with the powers of the industrial and labour courts, and under subsection (3) therein, such courts are conferred with the same powers, ..... bonus in proportion to the salary or wages earned by the employee during any accounting year over and above the amount of minimum bonus payable under section 10 of the said act, but subject to the maximum limit of 20%. in such a situation, it becomes a corresponding statutory right of every employee to get the bonus ..... the employer has not led any evidence to prove the balance-sheet for the concerned period in support of his claim that the allocable surplus? under section 15 of the said act available with the employer, does not permit declaration of bonus at the maximum limit of 20% on the monthly salary of each employee to be considered .....
Tag this Judgment!Court : Mumbai Nagpur
..... the case of bharatiyagramin punarrachana sanstha, the apex court has further held that when the appointment is made on temporary basis, the provision of sub-section (4) of section 5 of the meps act will not be attracted. 21. the law laid down by the apex court in the cases of hindustan education society and bharatiyagramin punarrachana sanstha, ..... of the petitioner though was made on both these occasions by following the procedure prescribed for filling in the permanent vacancy as contemplated by sub-section (2) of section 5 of the meps act, the same cannot be treated as one on probation. 24. the resolution of the management produced on record, passed on 22-6-1991, ..... management has not come forward with a case that the termination of the petitioner is in exercise of the powers of the management conferred by sub-section (3) of section 5 of meps act. in view of this, the order of termination, which is without any reason, cannot be sustained. the tribunal has, therefore, committed an error .....
Tag this Judgment!Court : Mumbai Nagpur
..... learned counsel for respondents no. 1 to 4 has invited my attention to the definition of the term 'employer' as given in section 2(1)(e) of the workmen's compensation act, 1923 (for short, "wc act') and submitted that since the services of deceased dilip were temporarily transferred to the appellant and were being utilized for a temporary period by ..... between the appellant and deceased dilip at the time of his death in accident, in accordance with the definition of the term 'employer' given in section 2(1)(e) of the w.c. act and there is no need to look for any other provision showing who was the appointing or disciplinary authority of the deceased, that being irrelevant ..... in order to address this issue, it would be necessary for us to look at the definition of term, 'employer' as appearing in section 2(1)(e) of the w.c. act. for the sake of convenience, section 2(1)(e) is reproduced as under.: (e) employer? includes any body of persons whether incorporated or not and any managing agent .....
Tag this Judgment!Court : Mumbai Nagpur
..... that the management did not find his work or behaviour during the period of probation as satisfactory, in exercise of its power under sub section (3) of section 5 of the meps act. on the contrary, the management came forward with a case before the school tribunal that the respondent no.2 had tendered resignation in his ..... material available on record, recorded the finding that the appointment was made in a permanent vacancy after following the procedure prescribed for that purpose under section 5 of the meps act. 6. section 5 of the meps act being relevant, is reproduced below : 5. certain obligations of management of private schools. (1) the management shall, as soon as possible ..... shall be drawn up in the form prescribed in that behalf, and shall state the period of appointment of such person.? under subsection (1) of section 5 of the meps act above, the management is under obligation to fill in every permanent vacancy, as soon as possible, in the manner prescribed, by appointment of a .....
Tag this Judgment!Court : Mumbai Nagpur
..... in claim petition no.757 of 1997 by the motor accident claims tribunal, nagpur. 2. the present respondent nos.1 to 4 had preferred claim petition under section 166 of the motor vehicles act, 1988 on account of death of manoj son of respondent nos.1 and 2 and brother of respondent nos.3 and 4 herein. death of manoj occurred in .....
Tag this Judgment!Court : Mumbai Nagpur
..... written instrument for to relinquish the interest in the immovable property worth rs. 100/- or more then surely it would be compulsorily registrable document attracting section 17 of the registration act. in munna lal vs. suraj bhan and others reported in air 1975 s.c. 1119 three judges bench of honble supreme court considered admissibility ..... after determination of lease by its termination or forfeiture or whether lessee is unable to use demised land; effect of holding over under section 116 of the transfer of property act, 1882 are all questions to be considered before passing the final decree as to whether shares declared by the first appellate court can ..... relinquishment of right in immovable property by deed for disclosed consideration of rs.50.000/- by a deed attracted sections 34, 37 of the bombay stamp act read with sections 17 and 49 of the registration act and hence objection as to admissibility was upheld and relinquishment deed was held inadmissible in evidence for reasons stated .....
Tag this Judgment!Court : Mumbai Nagpur
..... made by the petitioners on 02.09.1997 may rule out any intention to violate the provisions of either section 30, section 33, section 34, section 36 or section 55 of the customs act on is part. section 55 of the customs act is about entry of transhipped goods on arrival at customs airport. such entry is presumed to be first entry ..... . that communication, therefore, cannot be used to the prejudice of the petitioners in present matter. he further contends that important provisions like section 7(a), section 8(a) and section 111 of the act need to be interpreted by this court in present matter and hence writ petition has been rightly entertained. 9. we have noted that ..... also have failed to do so. 11. the perusal of above mentioned 1995 transhipment regulations show that those regulations are framed under section 157 read with section 54(3) and section 158 of the customs act and notified in gazette on 28.09.1995. thus, these regulations were in force on 31.08.1997 when machine reached mumbai .....
Tag this Judgment!Court : Mumbai Nagpur
..... appellant and respondent no.3 being insurer and owner respectively of the offending truck, were sought to be held liable to pay compensation by a petition filed under sec. 166 of the motor vehicles act by respondents no. 1 and 2. 3. the petition was resisted by both the insurer and owner respectively of the truck by filing their separate written statements .....
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