Court : Gujarat
Decided on : Sep-25-2007
Reported in : (2008)1GLR92
..... as original plaintiff in this behalf-respondent herein. the said firm is carrying on business of transport, contracts at gandhidham-kutch.4.2 food corporation of india is a corporation incorporated and registered under the companies act and carrying on its business and having their office amongst other places at adipur-kutch and having zonal office (w) at bombay and ..... of the same, suit has been disposed of. the parties shall bear their own costs.2. i have heard mr. shakeel kureshi, learned advocate appearing on behalf of food corporation of india (f.c.i.)-appellant and mr. zubin bharda, learned advocate for the respondent. i have heard both the advocates at length.3. mr. kureshi, learned ..... k.m. mehta, j.1. the food corporation of india (hereinafter referred to as f.c.i.)-appellant-original defendant has filed this appeal under section 39 of the arbitration act, 1940 against the judgment and award dated 30-12-1985 passed by the civil judge (s.d.), kutch at bhuj in original civil suit no. 64 .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-22-2007
Reported in : 2008GLH(1)34
..... be entitled to the same wages as are payable to the permanent workmen of the company. he relies on the judgment of the supreme court in the case of food corporation of india v. shyamal k. chetterjee and ors. 2000 ii clr 850 and of the division bench of this court in the case of contract laghu udhyog kamgar ..... he was in service and when his services were terminated and therefore used the words 'full wages last drawn.10. it may be noticed that section 17bof the act does not preclude the high courts or this court under article 226 and 136 of the constitution respectively from passing appropriate interlocutory orders, having regard to the facts and ..... also directed to serve copy of such affidavit to the petitioner herein.learned advocate mr. mehta has submitted that according to the provisions of section 17b of the industrial disputes act, 1947, the petitioner is prepared to pay the full wages last drawn by the respondent workman. however, considering the merits of the matter, when there is no .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-23-2007
Reported in : [2008(117)FLR408]; (2008)1GLR12; (2008)ILLJ985Guj; 2009(2)SLJ37(NULL); 2008(2)AIRKarR227(FB)(Guj)
..... that would not in any way derogate from his being employed in the shop where he is principally employed.21. in the workmen of the food corporation of india v. food corporation of india : (1985)iillj4sc , the apex court observed as under:11. ...the expression 'employed' has at least two known connotations but ..... extended to regular employees.2. factual matrix2.1 the appellant herein - tourism corporation of gujarat ltd ('tcgl' or 'the appellant') is a government company registered under the companies act, 1956.the respondent herein was appointed by the appellant corporation as a part-time sweeper in its junagadh hotel for a fixed period ..... job.9. integral part of business.statutory provisions - definition of 'workman' under different labour legislations 7. before deciding the present controversy under the industrial disputes act, 1947 an important aspect with regard to the relationship of master and servant and employment is required to be considered with reference to the definitions of ' .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-13-2007
Reported in : (2007)2GLR2150
..... 8.95 passed by the joint secretary, food & civil supplies department, in appeal case no. 1093-2649-j/appeal application no. 451 of 1993, confirming the order passed by the collector. 3. the petitioners claim themselves to be a non trading corporation registered under the bombay non trading corporations act, 1959. making a submission that most ..... license from the competent authority. according to the definition, the word 'dealer' would include a person, a firm, an association of persons, a company, a corporation or a cooperative society. it does not say that the firm is required to be registered or unregistered, an association of persons is required to be registered ..... person would be said to have purchased that particular article or commodity from the other person who earlier owned it. in the present case, indian oil corporation, under the directions of the central government was to supply 1000 metric tonnes lpg every quarter to the petitioners after receiving the price of the consignment. .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-11-2007
Reported in : 2008ACJ2711; (2008)1GLR327
..... allahabad), jammu & kashmir high court in vijay ram v. janak raj 1981 acj 84 (j & k), rajasthan high court in ramlal v. regional manager, food corporation of india 1981 lab. ic 1281, etc., have taken the same view.right to claim compensation as well as the obligation to pay the same are created ..... while such applications are filed within limitation, computation of compensation has to be made by the commissioner with reference to the date on which the act foisted the liability on the employer to pay compensation and created corresponding right in the employee to receive this compensation. if merely because the commissioner ..... that it provides for 40% damages. the section at relevant time reads as under:4. amount of compensation:- (1) subject to the provisions of this act, the amount of compensation shall be as follows, namely:_____________________________________________________________________________(a) where death results from an amount equal to (forty percent) ofthe injury monthly wages .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-23-2007
Reported in : (2009)22VST569(Guj)
..... interpretation of statutes & written instruments; (b) statutory interpretation a code, 3rd edition, f a r bennion ma (oxon), barrister, butterworths; (c) accounting standard & corporate accounting practice.9. mr. s. ganesh, learned senior advocate, with ms. amrita thakore and mr.navin kumar, learned advocates for the petitioner in special civil application ..... : 2005(187)elt162(sc) ; (18) mercury pharmaceuticals industries v. the state of gujarat 43 stc 301; (19) commissioner of sales tax v. vadilal dairy frozen food industries (2006) 146 stc 9 (guj); (20) saurashtra calcine bauxite and allied industries v. state of gujarat 1993 (91) stc 435; (21) pine chemicals ltd ..... .20. in british physical lab. india ltd. v. state of karnataka and anr. (supra), notifications under section 8a of karnataka sales tax act prescribing preferential rates of concession for dealers of locally manufactured television sets and components, were issued. those notifications were quashed by the high court. thereupon .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-18-2007
Reported in : (2007)3GLR2186; (2008)ILLJ512Guj
..... support of this submission, he relied on the following decisions:(1) a.p. foods v. s. samuel and ors. : (2006)iiillj18sc (2) andhra pradesh state road transport corporation and ors. v. g. srinivas reddy and ors. : (2006)iillj425sc (3) chandrakant tukaram nikcun v. municipal corporation of ahmedabad and anr. : (2002)illj842sc (4) premier automobiles ltd. ..... the respondent, the appellant filed t-application no. 248 of 1992 in the month of june, 1992 under the provisions of the bombay industrial relationship act, 1946 ('the act' for short). despite notice/summons being served on the respondent, nobody appeared on behalf of the respondent before the labour court to defend its case ..... : (1975)iillj445sc (5) basant kumar sarkar and ors. v. eagle rolling mills : (1964)iillj105sc .19. mr. trivedi has further submitted that the powers of review conferred upon the industrial court under section 95 of the act are expressed in wide language so as to enable the industrial court to review its order for .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-27-2007
Reported in : (2007)3GLR2276
..... -section (3) of section 13 of the registration act. when the pupil is still studying in the school, for correction of the birth date or name, it is sufficient for him to produce the affidavit sworn before ..... only for enforcement of fundamental right but even for other purpose.5. it may also be noted here that so far as the registration of the births and deaths act is concerned, the judicial magistrate, first class, is empowered to verify the correctness of the date of birth or death, on payment of prescribed fee under sub ..... of the gujarat secondary education regulations, 1974 (hereinafter referred to as the 'regulations') as also the provisions of the registration of births and deaths act, 1969 (hereinafter referred to as the 'registration act'). the regulations have been framed by respondent no. 1 in exercise of powers conferred by section 54 of the gujarat secondary education .....
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