Court : Rajasthan
Decided on : Aug-06-1992
Reported in : (1994)ILLJ1066Raj; 1993(1)WLC641
..... the learned district judge has failed to exercise jurisdiction vested in him and has dismissed the appeal without appreciating the provisions of '1936 act' and the 'act of 1985'. 7. the act of 1936 was enacted with a view to regulate the payment of wages to certain classes of the persons employed in industries. section ..... : (iii) leave of any kind; (iv) disciplinary matters; or (v) any other matter whatsoever; section 14(1): save as otherwise expressly provided in this act, the central administrative tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except ..... the tribunal in respect of his grievance pertaining to any matter which falls within the jurisdiction of the tribunal. with effect from the commencement of the act of 1985, the central administrative tribunal can exercise all the jurisdiction, power and authority in respect of recruitment and matters concerning recruitment, to any all .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-27-1992
Reported in : II(1993)ACC193; AIR1993Raj38; 1993(1)WLC86
..... may not apply to stay made for ministerial officers. held, order of staying proceedings relating to permission to file suit for eviction under section 3(1) of act 3 of 1947 by court to which application for transfer of proceedings was made not having been communicated to court granting permission, nor the appellant having applied for ..... no. 1410 of 1990 and an interim order was passed on 26-3-1990 restraining the concerned authority from taking any further proceedings under section 100 of the act of 1988 for approving, notifying and implementing the draft scheme of bharatpur to basedi. the aforesaid writ petition along with the appellant's writ petition came to ..... date of publication of the proposal regarding the scheme in the official gazette under sub-section (1) then it shall lapse. in view of this provision of the act of 1988 an application was moved before the special secretary (home) that one year after publication of the proposed scheme has passed long back, therefore, the draft .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-17-1992
Reported in : (1993)IILLJ1098Raj; 1992(3)WLC96; 1992(1)WLN541
..... establishment or a shop attached to a factory where the persons employed in the shop are allowed thebenefits provided for workers under the factories act 1948 (central act lxiii of 1948)'13. section 28 a which puts restriction on uninhibited dismissal or discharge by the employer and provide machinery for redressal reads ..... the employer's family; it also includes any clerical or other staff of a factory or industrial establishment who falls outside the purview of the factories act, 1948 (central act lxiii of 1948)'12. section 2(7) defines 'establishment' as under:-'establishment' means a shop or a commercial establishment'section 2(17) defines ..... technical, operational, clerical or supervisory work for hire or reward whether terms of employment be express or implied and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged orretrenched in connection with, or as a consequence of, that dispute .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-03-1992
Reported in : 1993CriLJ3193; 1993(3)WLC569
..... having committed offences under section 420 ipc and section 13 of the maharashtra ownership of flats (regulation of the promotion of construction, sale, management and transfer) act, 1963 (act 45 of 1963). the charges were also accordingly framed against the accused-persons. in the course of the trial, the accused were acquitted as the parties made ..... legislature expressly deals with the matter. it has dealt with the matter in this case. it has stated that no proceeding purporting to be taken under the act shall be called in question except in one particular matter and in one particular way. that is express and absolute. no general section conferring inherent power can ..... cri lj) :-'the inherent jurisdiction of the court, which receive recognition in section 561-a, criminal p.c., cannot be invoked for the purpose of doing an act which would conflict with any of the provisions of the law or the general principles of criminal jurisprudence. the rule of law is firmly established that, when a .....
Tag this Judgment!Court : Rajasthan
Decided on : May-12-1992
Reported in : AIR1993Raj86; 1992(2)WLC463; 1992(1)WLN415
..... the materials placed may not satisfy the court, the task of the court is only limited to an investigation as to whether there was any foundation of fact at all or whether irrelevant and extraneous circumstances have weighed with the authority while passing the impugned order. the fact that different formation of ..... to make better provision for village administration and development. they have contended that similar is the intention of the legislation for enacting the rajasthan municipalities act to develop local self government in the urban areas of the state and to make better provision for urban administration and development. according to them, ..... procedure, nor should it be ultra vires the powers conferred by the statute. there cannot be any quarrel about this principle that when the state govt. acts administratively and its decision affects public interest, it should always exercise that discretion objectively, rationally, intelligibly, fairly and non-arbitrarily. now, whether that has .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-05-1992
Reported in : [1993]201ITR166(Raj)
..... fully and truly all material facts necessary for his assessment for the relevant year. 14. in the absence of these conditions, the assessing officer would be acting without jurisdiction, if the reason for his belief that the two conditions are satisfied does not exist. on the other hand, learned counsel for the department ..... age old practice of the department to accept a letter instead of insisting on furnishing of fresh return in compliance with the notice under section 148 of the act. however, as desired, under protest, without prejudice and without acceding to your jurisdiction, we are submitting herewith a fresh return declaring therein income originally assessed. ..... service charges to oriental management service private limited was submitted.8. to the utter surprise of the petitioner-company, it received a notice under section 148 of the act bearing no. 3086, dated march 21, 1980. on receipt of this notice, the petitioner-company sent a letter to the income-tax officer on april 10 .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-07-1992
Reported in : (1994)ILLJ1038Raj; 1993(1)WLC577
..... hang on to the fancies of individuals in authority. the employment is not a bounty from them nor can its survival be at their mercy. income is the foundation of many fundamental rights and when work is the sole source of income,the right to work becomes as much fundamental. fundamental rights call ill-afford to be consigned ..... from the standpoint of policy and expediency. the habit of mind of an executive officer so formed cannot be expected to change from function to function or from act to act. so it is essential that some restrictions shall be imposed on tribunals in the matter of passing orders affecting the rights of parties; and the least they should ..... following rates: (i) where the enquiry is departmental, the subsistence allowance shall be equal to 1/2 of his wages as defined in the payment of wages act, 1936 (central act 4 of 1936), for the first 90 days. if the departmental enquiry gets prolonged and the workman continues to be under suspension for a period exceeding 90 days, .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-16-1992
Reported in : (1994)ILLJ1143Raj; 1993(1)WLC678
..... on to the fancies of individuals in authority. the employment is not a bounty from them nor can its survival be at their mercy. income is the foundation of many fundamental rights and when work is the sole source of income, the right to work becomes as much fundamental. fundamental rights can ill-afford to ..... petitioner mill. shri kala argued that the position regarding the jurisdiction of the tribunal has remained unaltered even after insertion of section 11a in the industrial disputes act, 1947. shri kala argued that ihc tribunal has not assigned any reason whatsoever for ordering reinstatement of har prasad saxena though without back wages. shri kala ..... dated december 25, 1971 and removed the workmen from service. applications were filed by the employer under section 33(2)(b) of the industrial disputes act, i947(for short 'the act, 1947') before the labour court, jaipur for approval of its action of terminating the services of the workmen. these applications were dismissed by the labour .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-06-1992
Reported in : 1993(3)WLC462; 1992WLN(UC)73
..... , the finding arrived at by the appellate authority will make all the difference regarding the complaint filed by the revenue against the assessee. the very basis of foundation on which the prosecution rests disappear. in the case on hand, if these accused-assessees succeed before the appellate tribunal, the result would be as in uttam ..... in the court of the additional chief judicial magistrate (economic offences) for taking action against him for offences punishable under section-276(c) and 277 of the it act and under sections 193 and 196 of the indian penal code. similarly, three more complaints were filed in respect of three succeeding assessment years. the petitioner ..... there is not even a whisper nor a shred of evidence nor anything to show, apart from the presumption drawn by the complainant that there is any act committed by the directors from which a reasonable inference can be drawn that they could also be vicariously liable. in these circumstances, therefore, we find ourselves .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-15-1992
Reported in : (1993)IILLJ62Raj
..... and anr.). the second question is that the petitioner was also not paid the full compensation in accordance with the provisions of section 25f of the industrial disputes act, 1947. this contention was negativedby the tribunal and the tribunal found that the amount of compensation which was calculated in a sum of rs. 1915.85 being the ..... is bounced after day or two, the order of termination will automatically render invalid and the management can be prosecuted for offence under section 138 of the negotiable instruments act also. section 138 reads as under:-138. dishonour of cheque for insufficiency, etc., of funds in the account: where any cheque drawn by a person on an ..... the payment of a cheque along with the order of termination can reasonably be accepted as a valid tender and sufficient compliance of section 25f of the industrial disputes act, 1947. so far as earlier decision given in madras high court in 1977 lic 1338 (supra), in that case the services of incumbent was terminated and the .....
Tag this Judgment!