Court : Supreme Court of India
Reported in : AIR2005SC851; 2005(5)ALLMR(SC)405; [2005(104)FLR820]; JT2005(1)SC449; (2005)ILLJ853SC; (2005)2SCC638; 2005(2)SLJ358(SC); (2005)2UPLBEC1470
S.B. Sinha, J.1. Maruti Udyog Limited, the Appellant herein, is a Government company within the meaning of Companies Act, 1956. In terms of a notification issued under Section 6 of the Maruti Limited (Acquisition and Transfer of Undertakings) Act, 1980 (hereinafter referred to as 'the said Act') the undertakings of the Maruti Limited (the Company) has vested in the Appellant. It is aggrieved by and dissatisfied with the judgment and order passed by a Division Bench of the Punjab and Haryana High Court in Letters Patent Appeal No. 837 of 1995 whereby and whereunder a judgment and order passed by a learned Single Judge dated 19.4.1995 passed in C.W.P No. 15728 of 1993 questioning an Award dated 28.7.1993 passed by the Labour Court in Reference Nos. 437, 438 and 166 of 1988, was set aside.BACKGROUND FACTS:2. The Respondents herein who are three in number were appointed by Maruti Limited as Electrician, Helper and Assistant Fitter with effect from 274 1974, 8.11.1973 and 8.4.1974 respectiv...
Tag this Judgment!Court : Chennai
Reported in : (1980)ILLJ369Mad
1. This is an appeal against the judgment of Ramanujam, J., dated 3rd February. 1978, allowing W.P. No. 5889 of 1978 preferred by the first respondent herein. The first respondent herein was originally appointed by the Union Co-operative Insurance Society Limited by an order dated 2-1-1963 as a Probationary Field Officer. The said order of appointment provided that his services might be deemed to be terminated at any time by giving one month's notice on either side. Subsequently he was confirmed as a Field Officer by an office order dated 29-9-1963 with effect from 1-9-1963. He was then promoted as a Development Officer and later as Development Secretary. Later by an order dated 19-2-1970 the first respondent was promoted as Development Manager of the Madras Regional Office with effect from 1-2-70. While he was functioning as Development Manager, a Custodian was appointed for the Union Co-operative Insurance Society Limited, under the General Insurance (Emergency Provisions) Act, 17 of...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC127; [1984(48)FLR448]; 1984LabIC691; (1984)ILLJ368SC; 1984(1)SCALE539; (1984)3SCC127; [1984]3SCR252; 1984(16)LC500(SC)
Sabyasachi Mukharji, J.1. These petitions under Article 32 of the Constitution are filed by the employees of the General Insurance Companies and the All India Insurance Employees Association. The respondents are, Union of India, the General Insurance Corporation of India and four General Insurance companies.2. The petitioners challenge the Notification dated 30th September, 1980 of The Ministry of Finance (Department of Economic Affairs) (Insurance) introducing what is called General Insurance (Nationalisation and Revision of Pay Scales and Other Conditions of Service of Supervisory, Clerical and Subordinate Staff) Second Amendment Scheme, 1980 as being illegal and violative of their fundamental rights under Articles 14, 19(1)(g) and 31 of the Constitution of India. 3. Prior to 1972, there were 106 General Insurance companies Indian and foreign. Conditions of service of these employees were governed by the respective contracts of service between the companies and the employees. On 13th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
ORDERSabyasachi Mukharji, CJ.1. These civil appeals, special leave petitions and civil miscellaneous petitions deal with the question of constitutional validity of the right of the employer to terminate the services of permanent employees without holding any inquiry in certain circumstances by reasonable notice or pay in lieu of notice. The facts involved in these matters are diverse but the central question involved in all these is one, i.e. whether the clauses permitting the employers or the authorities concerned to terminate the employment of the employees by giving reasonable notice or pay in lieu of notice but without holding any inquiry, are constitutionally valid and, if not, what would be the consequences of termination by virtue of such clauses or powers, and further whether such powers and clauses could be so read with such conditions which would make such powers constitutionally and legally valid? In order to appreciate the question the factual matrix of these cases so far a...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP413; 1996(2)ALT757; [1999]96CompCas645b(AP)
..... of india no power lies in this court to issue a rule against a private arbitrator. in support of this contention, our attention is invited to engineering mazdoor sabha v. hind cycles ltd., : (1962)iillj760sc . that was a case of special leave under art. 136(1) of the constitution. the expression used in the article is 'court or tribunal'. the supreme court ..... of a group of persons to improve their economic well-being. a cooperative society stands no comparison to municipalities and gram panchayats. the bye-laws made by a local authority hind all the persons within its area, whereas the bye-laws of a society bind only its members and its employees. the former is law. the latter is only acontract. for .....
Tag this Judgment!Court : Chennai
Reported in : [1985]57CompCas126(Mad); (1984)IILLJ34Mad
Mohan, J.1. An important question arising in this batch of cases is whether the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as the Shops Act), is applicable to the Nationalised Banks and to the State Bank of India. 2. We would first note the facts leading to Writ Appeals Nos. 561 and 562 of 1983. They arise out of Writ Petitions Nos. 2013 and 2014 of 1979. Writ Petition No. 2013 of 1979 is for a mandamus to direct the first respondent to dispense of the preliminary objection raised by the Management of the Bank of India, Regional Office, Southern Region, represented by the Assistant General Manger, Madras, in regard to the maintainability of T.S.E. Case No. 49 of 1875, of the file of the Second Additional Commissioner for Workmen's Compensation, Madras, in the appeal preferred by the employee, C. V. Raman, under section 41 of the Act. 3. Writ Petition No. 2014 of 1979 is for prohibition to prohibit the Additional Commissioner from proceeding to take up for pr...
Tag this Judgment!Court : Delhi
Reported in : [1987]61CompCas153(Delhi); [1987(54)FLR261]; (1986)IILLJ354Del
H.L. Anand, J. 1. This petition article 226 of the Constitution by a former general manager of the U.K. branches of a nationalised bank, concurrently in-charge of its European operations, assails the purported termination of his service by the Bank on the ground of 'loss of confidence' in him, as a sequel to and as part of a shake up in the higher echelons of the Bank in the wake of the largest bankruptcy of an Asian business house in the U. K., and failure of certain other accounts, allegedly exposing the Bank to the risk of loss of millions of pounds, and raises some interesting, as indeed, difficult questions of law, in relation to service in public sector, as indeed, interaction between the principles of industrial jurisprudence and administrative law following recent constitutional developments in the treatment of public sector undertaking as instrumentalities of the State under article 12 of the Constitution. Some of the questions that the petition raises are perhaps not appropri...
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... mills have been sold as per the details submitted in the affidavit dated 12th september, 2005. the remaining two mills namely india united mill no. 2 and 3 and new hind textile mill have been earmarked for the mcgm and mhada as approved by respondent no. 2.(f) it is submitted that the sale of 5 mils have taken place after ..... definition the guarantee of fundamental human rights. the 'development' is not related only to the growth of gnp, in the classic work - 'development as freedom' the nobel prize winner amartya sen pointed out that 'the issue of development cannot be separated from the conceptual framework of human right'. this idea is also part of the un declaration on the right to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC645; (1997)3GLR2576; (1997)ILLJ1113SC; 1996(9)SCALE70; (1997)9SCC377; [1996]Supp9SCR579
..... as regular employees. on recording finding in that behalf, the industrial court would make his award which would be enforceable by the workmen. this court in gujarat electricity board v. hind mazdoor sabha and ors. : (1995)iillj790sc had pointed out the lacuna in the act and given directions of the manner in which the industrial action has to be taken on ..... is true that a bench of two-judges of this court to which i was a party in the case of gujarat electricity board, thermal power station, ukai, gujarat v. hind mazdoor sabha and ors. : (1995)iillj790sc in the light of earlier judgment of two-judges' bench of this court in the case of dena nath v. national fertilizers ltd. : (1992 .....
Tag this Judgment!Court : Kolkata
..... the law abiders will be placed into worse situation than law violators in the name of unwillingness.238. mr. bhattacharya relied upon a decision of state of orissa vs. chitra sen bhoi reported in (2009) 17 scc 74 where the supreme court on the issue of legislative discrimination held as follows :legislature made a discriminatory policy between the poor and inarticulate .....
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