Court : Mumbai Aurangabad
..... shown favoritism or partiality to one set of workers, regardless of merits as alleged under item 5 of sch.iv of m.r.t.u. and p.u.l.p. act. no [2] does the complainant prove that, by issuing notice of recovery of wages, the respondent has committed unfair labour practice under item 9 of sch.iv of m.r.t.u ..... by taking some rest. [j] the abovesaid settlement dated 16/10/1999 has not been challenged or set aside. [k] the industrial court has framed issues and has answered issue no.2 and 4 against the petitioners. [l] since the amounts to be recovered were meager, the petitioner/corporation did not initiate disciplinary proceedings against any of the workers. [m] despite ..... 3] does the complainant prove that, the respondent has indulged in unfair labour practice under item 10 of sch.iv of m.r.t.u. and p.u.l.p. act no [4] whether the complainant is entitled for the relief claimed yes [5] what order yes 10. the industrial court has considered the aspect that the drivers and conductors operate on .....
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..... filing of the petition and issue of notice, the project was doubted and it affected these respondents in getting advance amount for bookings leading to loss of finance and goodwill. looking to the petition, it does not appear to be in public interest. it appears to be for oblique reasons and thus the caution ..... file this public interest litigation. according to the petitioner, the suit was allowed to be withdraw on 25th august 2015. defence of respondent nos. 2, 3 and 5 5(a). per contra, respondent nos. 2, 3 and 5, in their affidavit in reply have stated and it has been argued for these respondents that the petition deserves to ..... dated 16th february 2012. the general body thereafter on 22nd august 2012, directed the commissioner to act upon the tender and enter into agreements. further steps have been taken by respondent nos. 2 to 4. perusal of the concession agreement filed by the petitioner discloses that the corporation has taken sufficient precautions with protective clauses while .....
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..... reservation. copy of the said notice is annexure d? at page no.17 of the petition paper book. under right to information act, the petitioner learnt that respondent no.3 had issued a letter calling upon respondent no.2 to clarify and explain what steps have been taken by respondent no.2 in furtherance to the notice of the petitioner dated 03/04/1999. ..... by reply dated 07/12/2005. copies of the application, tax receipt and reply of respondent no.2 are at annexure e? collectively from page no. 22 onwards. 7. the petitioner, then, lastly issued a notice u/s 127 of the m.r.t.p. act, 1966 dated 27/10/2011 calling upon the respondents to free his land from reservation. respondent ..... no.2 replied vide its letter dated 16/02/2012 claiming that a resolution was passed on 27/01/2012, regarding acquisition of the said .....
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..... director general of police, assam and ors.). based upon the above referred judgments, the petitioners have sought to canvass that the act on the part of the government and also that of respondent no.2 director of education of advertising the posts occupied by the petitioners as data entry operators, on contract basis, is liable to be ..... they were appointed on contract basis for a period of one year, whereas their appointment was continued for one more year. it is further claimed that respondent no.2 - director of education, has ordered initiation of fresh recruitment process so as to replace their services by another contractual employees. according to the petitioners, their services ..... quashed and set aside as the said act on the part of the respondent is in violation of the principle laid down .....
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..... the complaints was not subject matter of the applications filed in 1995 by the employees under section 33c(2) of the id act before the labour court. (p) the stand taken by the factory that there was no closure and that the factory was closed down after two years since it was agreed to be operated ..... manner the jurisdiction of the high court under articles 226 and 227 of the constitution. (2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by the cpc amendment act no. 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, ..... jurisdiction - by assuming jurisdiction where there exists none, or (ii) in excess of its jurisdiction by overstepping or crossing the limits of jurisdiction, or (iii) acting in flagrant disregard of law or the rules of procedure or acting in violation of principles of natural justice where there is no procedure specified, and thereby occasioning failure of justice. (4) .....
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..... deceased suchita, which is evident from the tour programmes, photographs etc. and, therefore, that he was taking her care is explicit. he then submitted that the accused nos.2 and 3 are suffering from old age ailments and till they were acquitted by the trial court, they were deprived of the custody of their grandson parth and it ..... accused persons. he has honestly deposed in his evidence about the ill-treatment given to the deceased suchita by the accused persons namely the accused no.1, accused no.2 his father baburao and accused no.3 sou.shardabai his mother. the cryptic reasons with which this evidence is rejected does not at all satisfy us and the reasons are ..... no.2 and his mother the accused no.3 over the demand of money for construction of hospital for the accused no.1 dr.nitin patil. she was taunted and was given names by them and was physically and mentally tortured by them. it is in the light of the above evidence now, we think that presumption u/s 113b of the indian evidence act .....
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..... one person having beard face, one of the applicants, was having a knife in his hand and some were having sticks. in presence of kailas, nitin, accused no.2, gave blow of knife to vitthalsingh. then the remaining accused also assaulted vitthalsingh by using weapons. in the fir kailas mentioned that there were as many as five ..... specific blow to vitthalsingh. as against main accused sunil there are four more pieces of circumstances like (i) motive; (ii) recovery of weapon on the basis of statement given by him under section 27 of the evidence act; (iii) recovery of blood stained clothes from him; and, (iv) sunil was known to the witnesses and they ..... considered only if there has been change in circumstances. the aforesaid circumstance thus cannot become a new circumstance. if aforesaid procedure is not followed, there will be no end to such successive proceedings. 18. on merits the applicants are not entitled to bail and the applicants have failed to show that there has been such change .....
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..... before this court. a statement of the counsel of the respondent was recorded on the basis of the communication received by him from the chief controller-cum-accountant and finance officer, zilla parishad, ahmednagar, that the petitioners, who were the respondents in that petition, would be paid the pay scale and other benefits till they were in ..... the zilla parishad was liable to pay the interest at the rate of 12% p.a. with effect from 1st april, 1990 till the realization of the amount. 2. instead of abiding by the orders of the industrial court, an agreement was entered into by the respondent with the petitioners that an independent trust would be created by ..... in our view the provisions of section 197 of the code cannot be read into the provisions of the mrtu and pulp act for dealing with a case of contempt. 15. in these circumstances, we see no reason to entertain the writ petition. the petitioners have ample remedies available to them to redress their grievance. the petition is .....
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..... issued by r.f.o. jalgaon. gum material was seized from petitioner's residential premises on 6.4.2009. after a period of 2 months from collection the gum will not remain wet. the petitioner shri a.r. jadhav, r/o pal, tal. raver has ..... gum seized is in excess of that shown as per transit permit. the seized gum was wet and was spread for drying. (ii) the petitioner was granted a contract and was authorized to collect gum from chalisgaon range of jalgaon forest division for the period 2008-09 ..... carry 22 quintals of salai gum and 15 guintals of ordinary kad gum from hirapur godown to village pal as per order dated 21.2.2009 (annexure d) and the transit pass dated 11.3.2009 (annexure e). according to the petitioner, on the basis of such ..... ordinary type and pal is a tribal forest area, where no auction is held. since chalisgaon was non-tribal forest area, there auction had been held. pal falls within scheduled forest area under the forest rights act and the tribal people in the area are entitled to .....
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..... the application and held that there was no such power with the collector under section 80 of the act. then regular civil suit no.330 of 2013 came to be filed. present respondent has claimed following reliefs in the said suit:- (1) to set aside the aforesaid order made by the collector; (2) to give declaration that provision of section ..... 81-b of the act are not applicable against him; (3) ..... of judicial procedure. (2) where there is an express bar of the jurisdiction of the court, an examination of the scheme of the particular act to find the adequacy or the sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil court. where there is no express exclusion, the .....
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