Court : Mumbai Nagpur
..... reference. if at all any separate issue was sought to be raised, an industrial dispute in that regard was required to be first raised. in support of said submission the learned counsel placed reliance on the decisions of the supreme court in state bank of bikaner and jaipur vs. om prakash sharma, reported in (2006) 5 ..... , reported in air 1959 sc 1191, pottery mazdoor panchayat vs. perfect pottery co. ltd. and another, reported in (1979) 3 scc 762, gujarat engineering company vs. ahmedabad misc. industrial workers union, reported in 1961 ii llj 660, chairman/ director, national bureau of plants genetics resources, indian council of agricultural research, new delhi and anr., ..... of trade unions and prevention of unfair labour practices act, 1971 [for short, the act of 1971]. the respondent no.1 is a public limited company wherein the employees represented by the petitioner union are employed. on 28-02-2007 there was a settlement between the union and the management which settlement was .....
Tag this Judgment!Court : Mumbai Nagpur
..... to decide first validity of inquiry and perversity in the findings of inquiry officer before arriving at any decision regarding punishment with reference to section 11a of the industrial disputes act. thus, it is contended on behalf of the petitioner that the impugned order was passed as a result of total non-application of mind and is ..... to the petitioner to prove misconduct of the workman and the petitioner was deprived of opportunity to lead valuable evidence. 11. in the case of bharat forge company ltd., the hon'ble supreme court has observed in para 7 as under: a domestic enquiry may be vitiated either for noncompliance of rules of natural ..... the management in the departmental inquiry in support of the allegations made. under these circumstances, it was concluded that the action of the management of the state bank of india, through its assistant general manager, region vi and the action of the deputy general manager (appellate authority), nagpur in terminating the services of workman .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the hon'ble three judges have held that non compliance with the provisions of section 25f (b) of the industrial disputes act, 1947, renders the impugned retrenchment invalid and inoperative. in the case of state bank of india vs. n. sundara money (supra), the hon'ble 3 judges bench has laid down that retrenchment compensation must ..... seal (2010) 6 scc 173) and inchargeofficer v. shankar shetty (2010) 9 scc 126). in addition to these judgments, honble apex court considers its decisions in assam oil company limited, new delhi v. its workmen( air 1960 sc 1264), hindustan steels ltd., rourkela v. a.k. roy ( 1969) 3 scc 513), ruby general insurance co. ..... of appointment, nature of employment, length of service, the ground on which the termination has been set aside and the delay in raising the industrial dispute before grant of relief in an industrial dispute. 27. honble apex court also refers to bharat sanchar nigam limited v. man singh (supra), which we have already noted above. in light .....
Tag this Judgment!Court : Mumbai Nagpur
..... member of his union. besides it is necessary to remember that if any enquiry is not otherwise fair, the workman concerned can challenge its validity in an industrial dispute. our conclusion therefore is that a workman against whom an enquiry is being held by the management has no right to be represented at such enquiry by ..... of course an employer in his discretion can and may allow his employee to avail himself of such assistance." 31. in another decision, namely, dunlop rubber company's case (supra), it was laid down that there was no right to representation in the disciplinary proceedings y another person unless the service rules specifically provided for ..... (india) ltd. v. workmen (air 1965 sc 1392), crescent dyes and chemicals ltd. v. ram naresh tripathi (1993 (2) scc 115), and indian overseas bank v. indian overseas bank officers' association and another (2001(9) scc 540). 8. 27. the basic principle is that an employee has no right to representation in the departmental proceedings by .....
Tag this Judgment!Court : Mumbai Nagpur
..... which required investigation and therefore, granted unconditional leave to defend. here though position of defendant no.2 as general manager of defendant no.1 company is not in dispute, the prayer made for joint and several decree creates an impression that shri sinha is sought to be made responsible personally. if defendant no.2 ..... rectify these defects.10. at this stage, i find it appropriate to consider the contentions about form of summary suit. mafatlal finance limited mumbai .vrs. express industrial services pvt. ltd. mumbai (supra) is the judgment of learned single judge of this court which holds that when claim for interest made in summary suit ..... raised was not a moonshine, defendant was entitled to unconditional leave to defend. (1998) 5 scc 354 (sunil enterprises and another .vrs. sbi commercial and international bank ltd.) is the judgment of hon'ble apex court which follows the earlier judgment reported at air 1977 sc 577 (mechelec engineers & manufacturers .vrs. basic equipment .....
Tag this Judgment!Court : Mumbai Nagpur
..... which required investigation and therefore, granted unconditional leave to defend. here though position of defendant no.2 as general manager of defendant no.1 company is not in dispute, the prayer made for joint and several decree creates an impression that shri sinha is sought to be made responsible personally. if defendant no.2 ..... rectify these defects.10. at this stage, i find it appropriate to consider the contentions about form of summary suit. mafatlal finance limited mumbai .vrs. express industrial services pvt. ltd. mumbai (supra) is the judgment of learned single judge of this court which holds that when claim for interest made in summary suit ..... raised was not a moonshine, defendant was entitled to unconditional leave to defend. (1998) 5 scc 354 (sunil enterprises and another .vrs. sbi commercial and international bank ltd.) is the judgment of hon'ble apex court which follows the earlier judgment reported at air 1977 sc 577 (mechelec engineers & manufacturers .vrs. basic equipment .....
Tag this Judgment!Court : Mumbai Nagpur
..... into being, which was known as jayaswal neco ltd. the said jayaswal neco ltd. was subsequently merged into other two companies, which amalgamated entity, is known as jayaswal neco industries ltd. the said jayaswal neco industries ltd. under the leadership of petitioner no.1 set up a number of manufacturing units, factories and foundries involved in ..... mill, to give consent for appointment of shri b.v. bhargava, ex-vice chairman and managing director of the icici bank as the sole arbitrator to adjudicate upon the said dispute along with other disputes that may be detailed out once the arbitration commences and modalities as suggested by the agreement are agreed. the respondent ..... the said notice to give consent for appointment of shri b.v. bhargava, ex-vice chairman and managing director of the icici bank as the sole arbitrator to adjudicate upon the disputes mentioned in the notice along with others, which will be detailed out once the arbitration has commenced. the said notice has been .....
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..... officer by supplying the copy of judgment of acquittal, which information was ultimately forwarded to the superintendent of police. in regional manager, bank of baroda vs. presiding officer, central govt. industrial tribunal and another [cited supra], the apex court found that after his acquittal from the case, he was entitled to be reinstated ..... of maharashtra. it supplies electricity to entire state of maharashtra which includes vidarbha region also, in which the village of the petitioner is located where also the company supplies electricity at price. the respondent nos. 2 and 3 have subordinate offices, as envisaged by explanation for corporation, in the district of gondia, within ..... 15. having disposed of the objection about the territorial jurisdiction as above, we now proceed further to deal with the matter. 16. it is not in dispute that the petitioner was prosecuted in crime no. 56/2008 for offence under section 12a of the maharashtra prevention of gambling act, and in summary case .....
Tag this Judgment!Court : Mumbai Nagpur
..... their involvement. learned counsel shri amit khare appearing for the petitioners relied upon the decision in the case of national small industries corporation ltd. vs. harmeet singh paintal and anr. reported in (2010)3 scc 330 and has contended that since ..... the petitioners has referred to the documents filed on record, being form no.32, issued in accordance with the provisions of companies act, 1956 stating therein particulars of appointment of managing director, directors, manager and secretary and the changes among them or ..... on 15th of april, 2013, before petitioner no.3 resigned and has further contended that as issuance of cheque is not disputed, no case is made out for said petitioner. however, having considering the fact that the petition is not pressed so ..... of april, 2013, petitioner no.3 issued cheque no.204325 dated 7th of may, 2013 drawn on h.d.f.c.bank ltd. shankar nagar, nagpur under his signature, towards discharge of legal liability for himself and for other petitioners nos.1, 2 .....
Tag this Judgment!Court : Mumbai Nagpur
..... petitionercompany, a formal show cause notice, calling upon the petitionercompany to show cause as to why the csas be not terminated and bank guarantee invoked, was never issued. it is also not in dispute that the petitionercompany was not heard by respondent no.1 before issuing the impugned orders. 17. the impugned orders terminating the csas ..... with the petitionercompany and this clause has been not denied to be not in pari materia to clause4.4 of the csas executed in favour of digganath steel industries and engineering works. if respondents no. 1 and 2, in similar fact situation, could issue show cause notice and also give hearing to other consumers and ..... are being disposed of by common judgment as they involve same parties, identical facts and common questions of law. 3. petitioner no.1 is a company duly registered under the companies act, 1956 and petitioner no.2 is its chairmancummanaging director and share holder. respondent no.3 is government of india undertaking under the ministry of .....
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