Court : Kolkata
Reported in : (1998)ILLJ654Cal
..... the high court in exercise of its writ jurisdiction which is invoked by the employer by making an application under article 226 of the constitution challenging such order of disapproval by the tribunal passed under section 33(2)(b) or the industrial disputes act, is fully competent to direct payment of such wages of the workman concerned both arrear as well as current, whether an application has been made before the authority of payment of wages ..... and on receipt of such complaint, the arbitrator, labour court, tribunal or national tribunal, as the case may be, shall adjudicate upon the complaint as if it were a dispute referred to or pending before it, in accordance with the provisions of this act and shall submit his or its award to the appropriate government and the provisions of this ..... (supra) an application was made under section 33(2)(b) of the industrial disputes act by the writ petitioner company before the 7th industrial tribunal, west bengal for approval of such ..... , if the purpose of the section was to invest alt the authorities named therein with power to decide industrial disputes one would have expected some provisions enabling them to make and submit an award to which the provisions of the act would apply.'18. ..... subject to the provisions of sub-section (1) shall come into operation from such date as may be specified therein and if no date is so specified from the date when the award becomes enforceable as aforesaid (see: hotel imperial v. ..... , changed during pendency of .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)ILLJ704Cal
..... modern life and the interdependence of the various sectors of a planned national economy, it is obviously in the interest of the public that labour disputes should be peacefully and quickly settled within the framework of the act rather than by resorting to methods of direct action which are only too well calculated to disturb the public peace and order and diminish production in the country, and courts should not be astute to discover ..... case the company knew from the very beginning that industrial dispute under section 2-a of the act has arisen as the concerned workman namely ravi soren had demanded reinstatement on the next day of the termination of service. ..... the decisions of deepak industries' case (supra) is concerned, it appears to me that the facts of the said case are different and the decision of the supreme court made in the hotel imperial's case (supra) was not also taken into consideration in the said decision. ..... the validity of the reference will not be affected simply on the ground that the name of the union was changed before the reference was made. ..... the mentioning of the name of the union in the citation of the reference was held to be for the sake of serving the notice and was held to be not sufficient to change the character of the dispute if the reference ..... in reference or other capping could not change the characteristic of the dispute and the circumstances had already been indicated in which the government has mentioned the name of the union in the reference title. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All328; (1962)ILLJ148All
..... as the terms 'removal' and 'dismissal' used in article 311 were intended to mean removal or dismissal by way of penalty or punishment and did not cover all cases of termination of services the change in fundamental rule 56 does not affect than safeguard also because it does not mitigate or take away from the civil servant concerned his right to have a reasonable opportunity of showing cause against, the ..... that case, repelling the challenge to the constitutionality of section 6 of the alien labour act which authorised government, inter alia, to expel an alien from the territory of canada, lord atkinson said,'the imperial government might delegate those powers to the governor or the government of one of the ..... the two questions which arise for consideration in this connection are (1) whether the amendment of fundamental rule 56 changing the age of superannuation from 58 to 55 is in any way inconsistent with the provisions of article 311; and (2) whether the order directing the petitioner's retirement with effect from the 31st december, 1961, amounts to an ..... 310 of the constitution came up for consideration only because it was urged that the police act and the regulations framed thereunder were in conflict with those articles and void to that extent ..... petitioner was not named in the notification. ..... governor of his rule-making power to a subordinate officer does not denude him of his organic power, and he remains responsible for the action of his subordinates taken in his name, (emperor v. .....
Tag this Judgment!Court : Delhi
Reported in : 151(2008)DLT650; 2008(38)PTC139(Del)
..... one expects, as a matter of ordinary common experience, a person to use a certain amount of hyperbole in the description of goods, property or services, the courts will do what any ordinary reasonable man would do, namely, take it with a large pinch of salt.where, however, the situation is not that the trader is puffing his own goods, but turns to denigrate those of his rival, then, in my opinion, the situation is ..... suit for permanent injunction and damages for disparagement and unfair trade practices, which is specifically covered under the provisions of the monopolies and restrictive trade practices act, 1969 (hereinafter referred to as the 'mrtp act') and the consumer protection act, 1986.14. it has also been alleged by the defendant that the plaintiff's suit is misconceived as no cause of action against the defendant has ..... defendant has taken the stand that it is engaged in the marketing of several toilet soaps including the toilet soaps being sold and marketed under the brand name 'lifebuoy' and that its product, lifebuoy soap, through an extensive marketing network across the country and its intrinsic quality, enjoys considerable goodwill and reputation ..... . the same deserves to be returned to be presented in the proper forum.the learned counsel referred to the provisions of section 36a(1)(x) of the mrtp act which defines unfair trade practice to mean a trade practice which, for the purpose of promoting the sale, use or supply of any good or for the ..... on imperial .....
Tag this Judgment!Court : Chennai
Reported in : (2008)1MLJ270; 2007(5)CTC392
..... above referred to decisions, the learned additional advocate general contended that it will have to be held that in the context of the issue involved, namely, the claim for payment of subsistence allowance as against the first respondent, the 1983 act would be a general statute and the 1981 act should be construed as special enactment and consequently, it will have to be examined whether the appellant would come under the definition of 'employee' ..... the said act with act 43 of 1981 it will have to be held that the said act, namely, act 43 of 1981 being a special enactment dealing only with payment of subsistence allowance, and having regard to its origin being earlier in point of time and by virtue of the application of the maxim 'generalia specialibus non derogant', the special act would by necessary implication will have over riding effect on the general act, namely, act 30 of 1983 ..... as stated earlier, the prime object of the enactment, namely, act 30 of 1983, is for the organisation, registration, management, and supervision of ..... other rights and obligations as provided under any of the provisions of act 30 of 1983 in regard to an 'officer' if considered on the whole one can easily visualise that they are all in conjunction with the main purport of the enactment, namely, for the orderly development of the co-operative movement in accordance with the co-operative principles, and the main object of the act itself is for the establishment of co-operative societies in the fields of .....
Tag this Judgment!Court : Mumbai
Reported in : (1930)32BOMLR953
..... if that were to be allowed, a company is, according to the 79th section, to be wound up whenever the company is unable to pay its debts, and then the 80th section says, that a company under this act shall be deemed to be unable to pay its debts whenever a creditor has served his demand for a sum above 50, and has not been paid within a period of three weeks, that happened in this case, and ..... of the arrangements arrived at in july, the managing agents rightly or wrongly thought it was in the interests of the company to gain time by giving security, and that in the case of the imperial bank the agents are alleged to have mortgaged property of their own as collateral security, and the directors approved their action in giving security to that bank. ..... to grant time, the court could have acted under section 170, and section 179, clauses (6) and (g), notwithstanding the opposition of the imperial bank, i think, therefore, on consideration of all the circumstances that the disposition of the debentures in favour of the imperial bank of india, limited, ought not to be validated under section 227, clause (#), of the indian companies act.86. ..... observed :-i can, therefore, only come to one conclusion, namely, that the negotiation with the heraulea not having come to a final end, these directors-for the present purpose i must assume, actuated by a desire to do their best for all ..... partner, 'to come back to india and take over the management for the sake of the name of her deceased husband. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1968KAR1054; (1969)IILLJ460Kant; (1968)2MysLJ541
..... on 30 september 1957, when the mysore state electricity board, which will hereafter be referred to in this judgment as the board, was constituted under the provisions of the electricity supply act, 1948; he became an employee of that board, and, as declared by government by their notification of 20/23 september, 1957, he ceased to be a government servant with effect that date.2. ..... imperial chemical industries, ltd. ..... the petitioner, mundevadi was an assistant engineer in the state of bombay before he wa allotted to the new state of mysore under the provisions of the states reorganization act. .....
Tag this Judgment!Court : Chennai
Reported in : 1997(3)CTC209
..... reads as follows :- '25-l definitions - for the purpose of this chapter, (a) 'industrial establishment' means - (i) a factory as defamed in clause(m) of section 2 of the factories act, 1948 (63 of 1948); (ii) a mine as defined in clause of sub-section (1) of section 2 of the mines act, 1952 (35 of 1952); or (iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (69 of 1951); (b) notwithstanding anything contained in sub-clause (ii) of clause (a) of section 2, - (i) in relation to any company in which not less than fifty-one per cent, of the paid up, ..... day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on, but does not include a mine subject to the operation of the mines act, 1952 (35 of 1952), or a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place); (explanation i) - for computing the number of workers for the purposes of this ..... (2) as soon as a retrenchment is effected, he shall also prepare another list of workmen who were retrenched at the time as also those retrenched during the (preceding 24 months) their names being arranged according to the seniority of their service in the category and cause copies thereof to be pasted on the notice board in a conspicuous place in the premises of the establishment easily accessible ..... director, the imperial tobacco company limited .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC305; [1966]36CompCas165(SC); [1965(11)FLR137]; (1965)IILLJ175SC; [1966]1SCR25
..... does not include any such person - (i) who is subject to the armyact, 1950, or the air force act, 1950, or the navy (discipline) act, 1934, or (ii) who is employed in thepolice service or as an officer or other employee of a prison; or (iii) who is employed mainly ina managerial or administrative capacity; or (iv) who, being employed in asupervisory capacity, ..... ) employed in any industry to do any skilled orunskilled manual, supervisory, technical or clerical work for hire or reward,whether the terms of employment be expressed or implied, and for the purposesof any proceeding under this act in relation to an industrial dispute, includesany such person who has been dismissed, discharged or retrenched in connexionwith, or as a consequence of, that dispute, or whose dismissal, discharge orretrenchment has led to that dispute, but ..... itwas taken over in 1948 by the government of india, when, under the reserve bank(transfer 10 public ownership) act, 1948, the shares were ..... however, that a few employees from theformer imperial bank, who are employed with the state ..... regarded as what they are, namely, therecommendations of the indian labour ..... the need for changing thecoefficient of 80 ..... the bank and the national tribunal was right in thinkingthat the item of the reference under which it arose gave little scope forgiving directions to the bank to change its regulations. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1559; 2004(5)ALLMR(SC)339; (SCSuppl)2004(3)CHN30; 109(2004)DLT17(SC); 2004(73)DRJ720; JT2004(2)SC1; 2004(1)SCALE677; (2004)2SCC510; 2004(2)LC955(SC)
..... where lord woolf mr described the national assistance act 1948 as - 'a prime example of an act which is 'always speaking' and so should be construed' on 3 construction, that continuously updates its wording to allow for changes since the act was initially framed'. 39. ..... flag is not an absolute right but a qualified one being subject to reasonable restrictions under clause 2 of article 19 of the constitution of india; (iii) the emblems and names (prevention of improper use) act, 1950 and the prevention of insults to national honour act, 1971 regulate the use of the national flag ; (iv) flag cede although is not a law within the meaning of article 13(3)(a) of the constitution of india for the purpose ..... constitution of india, the same cannot be construed to be a penal provision; (3) however, if contravention of any of those instructions and guidelines had been issued under the 1950 act or under the prevention of insults to national honour act, 1971 (hereinafter referred to as 'the 1971 act'), the same would constitute a penal offence; (4) referring to the debates held in the constituent assembly as also a passage from the book titled 'our national flag' by ..... '42.2 in the state of play in the constitutionally implied freedom of political discussion and bans on electoral canvassing in australia, george williams, parliamentary library law and bills digest group research paper 10, 1997, it was observed :'despite judicial moves to strengthen protection for political discussion in australia, .....
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