Judgment Search Results Home > Cases Phrase: karnataka industries facilitation act 2002 section 15 certification Court: allahabad Page 1 of about 570 results (0.976 seconds)

Geep Flashlight Industries Ltd. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 1979(4)ELT391(All)

..... wooden cases.9. in support of his contention shri ansari relied on two unreported decisions of the high courts of maharashtra and karnataka. in writ petitions nos. 548 and 3436 of 1970 (alembic glass industries ltd., v. union of india,) the question that arose for determination was whether the cost of packing empty glass bottles in ..... glass globe can never change its nature as a glass tumbler or a glass globe. this packing is clearly done as a matter of convenience and to facilitate the delivery and removal of a product from the factory gate....the glass and glassware manufactured by the petitioners in this petition could just as well be ..... interpretations of its charging provision are reasonably possible, it is well settled that the construction favourable to the subject should be preferred. moreover, the central excise act is an all india statute and is desirable that the interpretation of its provisions is uniform throughout the country. as stated earlier, two high courts have interpreted .....

ICICI Lombard General Insurance Co. Ltd. Vs. Dharm Pal and Another

Court : Allahabad

..... seeking setting aside of an ex parte order, under order ix rule 13 cpc, in proceedings arising under the act, would not be maintainable. similar view has been taken by a division bench of karnataka high court in the case of praveen industries and others versus banawar singh: 1991 (1) tac 138. it would be useful to note that a ..... and order xxiii, rules 1 and 2, shall apply to proceedings before commissioners, insofar as they may be applicable thereto: provided that--- (a) for the purpose of facilitating the application of the said provisions the commissioner may construe them with such alterations not affecting the substance as may be necessary or proper to adapt them to the matter ..... in quoting the provisions would not affect the maintainability of appeal, if otherwise, the order impugned is amenable to appeal (vide para 23 of apex court decision in super cassettes industries ltd. v. state of u.p., (2009) 10 scc 531). in d.n. taneja v. bhajan lal, (1988) 3 scc 26, the apex court, in para .....

Maya Press Mazdoor Sangh Etc. Vs. Uppar Shramayukt and ors.

Court : Allahabad

Reported in : 2005(1)ESC437

..... establishment without taking permission from state government, as such entire activities of the petitioner employer's is in contravention of the provision as contained under section 25o of industrial disputes act, 1947. the said notice, dated 23.12.2000, was objected to by mentioning that closure was not illegal and provision of section 25o was not at ..... of each others and, as such, employees of both establishment have been rightly clubbed for invoking the provision as contained under section 6-w of u.p. industrial disputes act, 1947, as such proceeding has rightly been proceeded.7. supplementary-affidavit has also been filed bringing on record reply which was submitted to the show cause notice ..... and thus it has to be presumed that it is law for all times to come, right since its inception. [see m.a. murthy v. state of karnataka, air 2003 sc 3821]. however, the question is that till the aforementioned judgment was not overruled, and same had been operating, still was it incumbent on the part .....

Prashant Kumar Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 2005(3)AWC2738; 2005(4)ESC2395; [2006(2)JCR31(All)]

..... v. kerala public service commission, : (1990)iillj456sc ; p. gyaneshwar rao v. state of andhra pradesh, 1988 supp scc 740 and p. mahendran v. state of karnataka, : air1990sc405 , the supreme court has reiterated the well accepted principles of applicability of statutory rules to the selections as follows :'it is a well accepted principle of construction that ..... amended during the continuance of the process of direct recruitment, such amended schedule will apply to the selection. in the absence of any specific provisions in the act, the directions in the advertisement have to be considered. the petitioner was not a candidate belonging to o.b.c. category on the date of submission ..... does not affect substantive and vested rights of the parties, unless the amendment is made retrospective expressly or by necessary implication. section 15 of u.p. act no. 4 of 1994 provides that the selection process shall be deemed to have been initiated where the written test or interview has started or both the .....

Lal Mohammad and ors. Vs. Indian Railway Construction Co. Ltd. and anr ...

Court : Allahabad

Reported in : 2002(3)AWC2251; (2002)3UPLBEC2231

..... be reasonable and fair and must also be guided by the preamble of the constitution and the directive principles of state policy. section 25n of the industrial disputes act. 1947, aims at ensuring that the aforesaid legitimate expectation of 'the little man' is not frustrated by arbitrary decision of the employer to terminate ..... lieu of notice, retrenchment and gratuity through bank drafts for amount shown against each towards full and final settlement as per the provision under section 25f of industrial disputes act.5. as regards other dues such as c.p.f., bonus, miscellaneous dues, if any, all concerned are advised to collect the same from ..... was the subject-matter of challenge in these writpetitions, inter alia, on the groundthat these were issued in violation ofmandatory provisions of section 25fof the industrial disputes act, 1947.besides being arbitrary,discriminatory and violative of thearticle 14 of the constitution of india.3. these five connected writ petitions were allowed by a .....

Jay Shree Tea Industries Ltd. and ors. Vs. Industrial Tribunal-i and o ...

Court : Allahabad

Reported in : 2004(2)AWC959

..... the employer's application dated 4.1.1986 for closing down the concern is not only unreasonable but is also illegal.12. section 6w (5) of the u.p. industrial disputes act, 1947, provides that where a reference is made to tribunal, it shall pass an award within 30 days from the date of reference. in this case, the tribunal discussed ..... court relied upon the supreme court decision in excel wear and ors. v. union of india and ors., air 1979 sc 25, in which section 25o of the industrial disputes act, 1947, as a whole and section 25r in so far as which provided for punishment for the infraction of section 25o were held to be constitutionally bad and invalid for ..... sector company, and jay shree tyres and rubber products as well as sri r. p. verma, a share holder in jay shree tea and industries ltd., to declare section 6w of the u.p. industrial disputes act, 1947, as constitutionally bad and invalid, violative of article 19(1)(g) of the constitution of india, and for a writ of mandamus directing .....

Agra Engineering Industries Employees Union Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2003)3UPLBEC2375

..... petitioner has been considered and was rejected and that no ground has been made out to interfere with order.8. section 25-0 of the industrial disputes act, 1947 (in short the act) provides for a detailed procedure for closing an undertaking. every employer has a right to close down the undertaking. he, however, cannot escape ..... the facts stated in the application for closure. a preliminary objection was raised that the application could have been made under section 6(w) of the industrial disputes act, 1947 which provides the procedure for closing down an undertaking. it was stated that the agra engineering unit was established in 1969 and is earning profit ..... undertaking to whomsub-section (8) of the said section 25-0 applies, will be given notice and paid compensation, as specified in section 25n of the industrial disputes act, 1947 as if the workman had been retrenched under the said section. the application enclosed a list of workmen, details relating to licensed capacity and utilization .....

Kanpur Electricity Supply Company and anr. Vs. Presiding Officer, Indu ...

Court : Allahabad

Reported in : 2004(3)AWC2424; [2004(101)FLR1179]; (2004)2UPLBEC2097

..... the basis of need of the work. they are temporary employees working on daily wages. their disengagement from service cannot be construed to be a retrenchment under the industrial disputes act. the concept of retrenchment therefore, cannot be stretched to such an extent as to cover these employees. since the petitioners are only daily wage employees and have ..... flood.16. it is submitted by the counsel for the respondent workmen that the employer has not compiled with provisions of section 6q of the u. p. industrial disputes act as it was obligatory on the part of the employer to call old workers before filling up vacancies. the employer was under a legal obligation to give ..... or an employer is supposed to keep the record of casual and daily rated workers for 15-20 years?(3) whether section 6q of the u. p. industrial disputes act is applicable to casual and daily wagers?15. the respondent workmen claim that they worked in the petitioner concern as daily wager coolies as per the details given .....

Union of India (Uoi)through General Manager, North Eastern Railway and ...

Court : Allahabad

Reported in : [2006(107)FLR182]

..... compassionate grounds. the action of petitioner terminating the services of the answering respondent, while retaining the juniors is wholly arbitrary and violative of section 25g of industrial tribunal act, 1947.'5. the affidavits have been exchanged between the parties and the case was ripped for final disposal, therefore, with the consent of the counsel ..... or owned by a state government;provided that if the central government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this act, different dated may be so specified under this sub-section in respect of different classes of or different categories under any class ..... preceding the date of termination. the presiding officer of the labour court has held that the termination was illegal being contrary to the provisions of industrial dispute act. hence he directed reinstatement with continuity of service and full back wages. the matter was carried before the hon'ble apex court and in the .....

Radhey Shyam Mishra Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2005(1)ESC188; (2005)2UPLBEC1181

..... technical or clerical work for hire or reward, whether the 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 or retrenched in connection with, or as a consequence of that dispute, or whose dismissal ..... as draftsman. thereafter, he was promoted to the post of foreman. his services were allegedly terminated without compliance of provisions of u.p. industrial disputes act, 1947 (hereinafter referred to as 'the act') w.e.f. 4.9.2001. it is also alleged that when he approached the employers for settlement of dispute, he received no ..... be supplemented by fresh reasons in the shape of affidavit or otherwise.'21. he has also relied upon state government houseless harijan employees' association v. state of karnataka, (2001) 1 scc 610, in support of his (iii) contention wherein the apex court has held that:'when a statutory functionary makes an order based on .....