Court : Gujarat
Reported in : (1997)1GLR647; (1997)IILLJ89Guj
..... :'educational qualifications have been recognised by this court as a safe criterion for go determining the validity of classification. in state of mysore v. p. narasinga rao. (1968-ii-llj-120) where the cadre of tracers was reorganized into two, one consisting of matriculate tracers with a higher scale of pay is and the other of non- ..... to sub-stitute that expert body and the executive government in the task of pay fixation. it cannot be said that in taking the impugned decision the authority has acted arbitrarily or committed any grave error to justify interference by this court. the question of equation of posts or equation of pay, must be left to the executive ..... 1973 in the scale of rs. 425-700. according to his say a statutory body known as board of experts was created under the provisions of the bombay prohibition act. the state government maintains a separate library meant for the use of board of experts, of which the director, drug control administration, respondent no. 3 herein, is .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)GLR690; (1972)ILLJ253Guj
..... provisions of the act to consider the entire scheme. (a) the provisions regarding health and welfare : sections 8 to 16 deal with the provisions regarding health and welfare and along with the relevant rules 10 to 21 of the beedi and cigar workers (conditions of employment) (gujarat) rules, 1968. section 8 deals with the topic of 'cleanliness.' section 9 deals with ventilation. section 10 deals with ..... s. 3 was brought into force on may 1, 1968. iii. definitions in the act. we will now consider four main definitions in the act which require some explanation as they define employer-employee relationship and premises which are covered under the act either as mere establishments or as industrial premises. section 2(f) defines an 'employee' to mean a person employed directly or through .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1976Guj98
..... city civil court rules must prevail as against the rules in the first schedule. rules for commissioner for taking accounts are contained in chapter xxv of the rules. according to section 75 of the civil procedure code, 'subject to such conditions and limitations as may be prescribed. the court mayissue a commission -(a) to examine any person;(b) to make a local ..... submitted his report to the court. after the report was received, the parties were heard and the learned principal judge, city civil court passed a final decree on 17-2-1968. according to the above decree, the plaintiff had to pay rs. 29,440-12 with interest at the rate of 4% per annum from the date of the decree ..... mistake or an error apparent on the face of the record, there is nothing in rule 342 which compels the court to ignore that mistake and do the more mechanical act of passing a final decree in terms of the report'.9.. it is, however, argued by the learned advocate for the appellant that, in view of the provisions of .....
Tag this Judgment!Court : Gujarat
Reported in : 1991ACJ561; AIR1991Guj1; (1990)2GLR549
..... the vehicular accidents. obviously, no such claim proceedings for which the special motor accident claims tribunals are constituted can lie before the civil court. under the circumstances, section 175 of the 'act-1988' which speaks about bar of the jurisdiction of the civil court has nothing to do with the application of the provisions of the code of civil procedure ..... exercise it.'so 'may' sometimes, is equivalent to 'shall'. a look at the language employed in s. i ioe makes the intention of the legislature quite clear. the section after the amendment of 1969 reads:1 10e: recovery of money from insurer as arrears of land revenue: -where any money is due from any person under an award, ..... that view was approved in the decision of the division bench where patel, j. spoke for the division bench for both of us in f.a. no. 280 of 1968 decided on november 15/16, 1971. even the relevant bombay motor vehicles rules, 1959 hereinafter referred to as 'the rules' make a clear provision in r. 306 for .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)1GLR684; (1994)ILLJ453Guj
..... under the special law cannot be said to be in any way incomplete or inadequate. at this stage, it will be necessary to refer to sub-section (2) of section 33 of the said act in so far as it has relevance and also because reliance is sought to be placed thereon by the respondent-corporation.'33(2) during the pendency ..... and, therefore, the case of the appellants should fall in third class of cases.33. in the case of dhulabhai v. state of madhya pradesh, reported in : [1968]3scr662 , a constitutional bench of the supreme court was called upon to decide the vexed question of exclusion of jurisdiction of civil court in the context of taxing statute in ..... relief. under these circumstances therefore there is an apparent implied exclusion of the jurisdiction of the civil court. in dhulabhai's case : [1968]3scr662 a five judges bench of this court considered the language of section 9 and the scope thereof in respect of exclusion of jurisdiction and it was observed (at p. 89 of air):- where there is .....
Tag this Judgment!Court : Gujarat
Reported in : 1986(10)ECC359; 1987(10)LC7(Gujarat); 1986(25)ELT879(Guj); (1987)1GLR641
..... sub-rule (1) to receive material or component parts or finished product (like asbestos cement), on which the duty of excise or the additional duty under section 3 of the customs tariff act, 1975 (51 of 1975) (hereinafter referred to as the countervailing duty) has been paid in his factory for the manufacture of these goods or for mere ..... as substituted for the original rule 56a with effect from 28.12.1968 read as under :- '56a. special procedure for movement of duty paid materials or component parts for use in the manufacture of finished excisable goods (1) notwithstanding anything ..... excisable goods; or (b) remission or adjustment of duty paid for such material or component part has been specifically sanctioned by the central government. 11. thereafter on 27.12.1968, proviso to sub-rule (2) of rule 56a was recast and it was divided in sub-paras (i) and (ii). the said recast proviso alongwith rule 56a .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj163; (1982)1GLR611
..... the electoral roll on april 27, 1968 the electoral registration officer contravened s. 23(3) of the same cannot be made validating the election in question does not the purview of sub-section 100 of the act. does not appear to be sound . clause (d) (iii) of sub-section (1) of section 100 of the act provides that if the high court ..... non compliance has materially affected the election results, it would not amount to an error disentitling the tribunal from setting aside the elections as provided in sub-section (7) of section 14 of the act. in that view of the matter we are, therefore, of the o ' pinion that the questions nos. 1, 2, 3 and 5 must be ..... question 5 :the question does not arise in the view which we are taking in the matter that the petitioners should approach the election tribunal under section 14 of the act for adjudication of their disputes against the validity of the elections of billimora municipality and bulsar municipality. 34.the 4th question is not required tobe answered .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1663
..... . under such circumstances an undertaking will be deemed to be a relief undertaking for the purposes of the act.11. section 4 of the act lays down the consequences of the declaration under section 3 of the act. under this section the state government will have power to direct that notwithstanding any law, usage, custom, contract, instrument, ..... notification, as that date becomes relevant for purposes of computing the aggregate period under section 3(2) of the act.12. section 1 of the act sets out the short title of the act and the extent of its application. section 2 of the act defines 'industry' and 'relief undertaking'. 'relief undertaking' means an industrial undertaking in ..... therefore, it is not possible event o attack the validity of the notification issued under section 4. in this connection, we may refer to the supreme court decision given in ishwarlal girdharlal joshi v. state of gujarat : [1968]2scr267 . reference to page 875 of the reported decision shows the observation of the .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)GLR849; (1977)IILLJ27Guj
..... could not have been included in reference (it) 162 of 1971 in exercise of the power conferred by s. 10(5) of the industrial disputes act section 10(5) of the industrial disputes act reads as under : '10. (5) where a dispute concerning any establishments or establishment has been, or is to be, referred to a labour ..... the conclusion is reinforced by the fact that while devising the structure, the board kept in view minimum emoluments of an unskilled worker as on march 1, 1968 in the case of iron and steel industry, coal mining industry, the recommendations of the first textile wage board and cement industry second wage board. it is ..... to a brochure called 'engineering industries - how they benefit indian society' and the position of the industry as summarized by the economic times dated november 15, 1968. after the detailed exercise the board observed that the profitability ratios of the engineering industry have overall been much higher than those of other industries studied including all .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)ILLJ173Guj
..... of the constitution about when the resignation becomes effective. before the supreme court a memorandum issued by the government of india, ministry of home affairs, on may 8, 1968, was sought to be relied upon and the supreme court pointed that that circular had no statutory force. in that particular case. the petitioner concerned belonged to the indian ..... petitioner was asked to report for duty as usual. thereafter, the matter went to the labour court at ahmedabad under the provision of s. 33-c of the industrial disputes act, 1947. on these facts, miabhoy j. observed in para 4 of the judgment at page 156 of the report :- 'the word 'resignation' or the expression 'termination of ..... his post, it would surely have been a misconduct. similar conduct while on leave, must be equally a breach of the rule, more especially when a plaintiff acted in concert with others'. in this particular case, the matter was considered from the point of view of rule of service and it was taken for granted that the .....
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