Court : Mumbai Nagpur
..... distance of 40 kms. from gotan. although manufacturing activity is done at pipar city, sales of the products of m/s. aditya chemicals are entirely effected to various industries in maharashtra, andhra pradesh, karnataka, tamil nadu, gujarat, etc. no part of the product of m/s. aditya chemicals is sold anywhere in the state of rajasthan. the principal place of business of ..... is thus submitted that there are no defects in the impugned orders issued under section 127 of the act as same are speaking orders with reasons for transfer of cases to jodhpur, which also establish necessity of centralizing all cases of petitioners for facilitating coordinated and systematic investigation. in support of his contentions, learned counsel for respondents has relied upon judgments in .....
Tag this Judgment!Court : Mumbai Nagpur
..... in the case of s.nandkishore lahoti (supra) which deals with the question of sub-delegation under the provisions of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1966. 29. the division bench of this court in the case of mihir yadunath tatthe (cited supra) has considered the very issue which falls for consideration ..... justice into such legislative activity. moreover, a provision for 'such inquiry as it may consider necessary' by a subordinate legislating body is generally an enabling provision to facilitate the subordinate legislating body to obtain relevant information from any source and it is not intended to vest any right in anybody. (union of india and anr. ..... to note that the constitution bench of their lordships of supreme court in the case of k.t.plantation pvt. ltd. and another .vs. state of karnataka reported in air 2011 sc 3430 has approved the view taken in the case of pune municipal corporation (cited supra). it will be appropriate to refer to .....
Tag this Judgment!Court : Mumbai Nagpur
..... of division bench of gujarat high court where the said bench has considered the provisions of section 25 of minimum wages act and the remedies available under minimum wages act as also industrial disputes act. we do not find discussion therein of much assistance insofar as present controversy is concerned. manganese ore (i) ltd. ..... industrial dispute now, needs consideration. in the case of airfreight ltd. vs. state of karnataka, (supra) the hon'ble apex court has considered the provisions of section 27 of minimum wages act, 1948, and notification issued by karnataka government on 19.08.1987 along with relevant provisions of karnataka shops and commercial establishments act ..... also supported the order of reference. she contends that conciliation officer is acting in administrative capacity and hence, he is not required to record reasons in detail. according to her, role of conciliation officer is only to facilitate negotiations between parties and respondent no. 2 made an effort to bring .....
Tag this Judgment!Court : Mumbai Nagpur
..... exercise of such power when the administering authority makes an order the same is subject to appeal under section 34(1) of the act of 2002. the impugned guidelines having been issued merely to facilitate the evaluation of applications made cannot be termed as an order and hence it cannot be said that the petitioner had remedy of ..... to exploration of minerals and hence, the public trust doctrine as enunciated by the hon'ble apex court in its decision reported in reliance natural resources limited vs. reliance industries limited, (2010) 7 scc 1 was applicable. (d) it was thereafter, submitted that the guidelines dated 29.12.2010 merely laid down the criteria for selecting ..... manufacturing company v. m/s bharat coking coal ltd and another, air 1983 sc 239, the central arecanut and cocoa marketing and processing cooperative ltd. v. state of karnataka and others, air 1998 sc 2399 and basantkumar v. state of rajasthan and others, (2001) 7 scc 201. it was also submitted that there was no question .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the said directions, supplementary invoices were issued to facilitate the recovery of expenditure of costs escalation and the enhanced duty thereon was paid. the high court has, therefore, ..... was price escalation due to increase in labour inputs and other costs which was determined by the all india industrial price indices and by the reserve bank of india. it was communicated to all india electrical manufacturers association. in terms ..... , he contends that facts in the present case and said matter are identical. the department questioned the said judgment of karnataka high court in special leave petition and that special leave petition was dismissed on 3.12.2010. the department thereafter sought ..... of law, as laid down in s.k.f. india ltd. [supra] by the apex court needs to be acted upon and implemented by this court. thus, the question sought to be raised is already conclusively answered and cannot be treated .....
Tag this Judgment!Court : Mumbai Nagpur
..... and employees in certain matters and to consolidate and amend the law in relation to the settlement of industrial disputes. the u.l.p. act was enacted to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings; to state their rights and obligations; to confer certain powers on unrecognized unions ..... the obvious intent of the legislature which enacted them was that they should operate in tandem and complement each other in respect of industries to which the b.i.r. act had been made applicable. hence hon'ble apex court stated that the two statutes must be read together. i do not find ..... here.10. all the judgments referred to above clearly contemplate undisputed or indisputable relationship between contesting parties to enable labour court or industrial court to exercise jurisdiction under u.l.p. act. once relationship is accepted, contention that said court can not examine nature of duties of such complainant employee or his status cannot .....
Tag this Judgment!Court : Mumbai Nagpur
..... the government of maharashtra, by virtue of the powers vested in it under the provisions of the maharashtra municipal councils, nagar panchayat and industrial townships act, 1965 (for short the municipalities act) issued a notification declaring that with effect from 10th january, 1990 the area within the limits of the revenue village and gaothan of ..... apparent difference as per sanctioned map and photograph of actual structure is highlighted to contend that it is undue influence and abuse of position which has facilitated this change. modification as sought on 21/7/2010 by respondent no.5 is also pointed out. reply affidavit filed by respondent no.6 on ..... standardized building bye laws for b and c class municipal councils prescribed under maharashtra municipal councils, nagar panchayats and industrial townships act (40 of 1965) needed to be followed (hereinafter referred to as "the 1965 act" for short). the cognizance of grievance as pil is also questioned on various grounds and one of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... in (2009) 225 ctr (bom) 12 = (2009)319 itr 154 (bom)--2009 (9) ljsoft (urc) 18 (commissioner of income tax, city - vi v. grasim industries limited), law explained by hon'ble apex court in commissioner of customs and central excise v. hongo india (p) limited and anr (supra) has been appreciated by the division ..... consciously omitted to incorporate the enabling provision of condoning the delay to prefer appeal within prescribed period (unlike in proviso to section 20(3) of the act of the discretion enabling the drat to entertain appeal beyond prescribed period of statutorily prescribed limitation of 45 days) by not making provision analogous to section ..... when their funds have been blocked in the unproductive assets. speedy recovery of such assets is critical for the successful implementation of financial reforms. the act by setting up of the special tribunals with special powers for adjudication of such matters and speedy recovery aimed at the successful implementation of the financial sector .....
Tag this Judgment!Court : Mumbai Nagpur
..... an application before the conciliation officer stating therein that by transferring 140 employees, the management had violated provisions of section 33(1) of the industrial disputes act, 1947 [for short, the act of 1947]. thereafter, on 20-07-2011 the conciliation officer issued a notice to the parties in which it was stated that the charter ..... as by the learned single judge were set aside. 4. during aforesaid period, the union had filed complaint no.245 of 2011 before the industrial court under section 28 of the act of 1971 challenging the transfer of 140 employees. however, aforesaid complaint came to be withdrawn on 23-08-2011. subsequently, some employees filed separate ..... parties had been called for preliminary discussions, the conciliation proceedings had commenced from said stage itself. reliance in this regard was also placed on the judgment of the karnataka high court in the management of s.k.f. bearings india ltd., bangalore vs. s.m. ravi kumar and ors., reported in 2006 lab. i.c. .....
Tag this Judgment!Court : Mumbai Nagpur
..... petition no.5/2011 on 19.12.2011 before the district judge, akola under section 21 of the maharashtra municipalities, nagar panchayats and industrial townships act, 1965, (municipalities act hereafter). writ petition was first considered by this court on 21.12.2011 when it issued notices and also directed record proceedings of respondent ..... tribes, denotified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward classes categories (regulation of issuance and verification) of caste certificates act, 2001 (maharashtra act no. xxiii of 2001 came into force with effect from october 18, 2001) and of 2003 rules framed thereunder. he relied upon the division ..... prevailing in state of madhya pradesh where stop-gap quasi-legislative arrangement in ku. madhuri patil is prevailing and there is no state law like 2001 act ie maharashtra act 23 of 2001. it then considers question no. (iii) and the fact that state of madhya pradesh has enacted the 'uchcha nyayalaya (khandpeeth .....
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