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
..... 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
..... 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
..... 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
..... is placed upon ruling in national assurance co. ltd vs. ajit kumar ( supra) to submit that carrying of passengers is not contemplated in "goods carriage" vehicle as contemplated under 1988 act.8. the contention that appellant insurer is not liable to pay the compensation ought to have been proved before the claims tribunal by leading proper evidence. there was no evidence ..... .5. in asharani's case (supra) provision of section 147(1) prior to its amendment in 1994 was under consideration of the apex court. section 149(2) of the 1988 act enables the insurer to raise defence that the vehicle was used for a purpose which was not allowed by permit under which the vehicle was used. the legislature, as was .....
Tag this Judgment!Court : Mumbai Nagpur
..... state of u.p., (supra), the hon'ble apex court noticed that under u.p government orders issued under u.p industrial disputes . . act, two modes were provided for commencement of proceedings for settlement of an industrial dispute generally and a special provision was made in clause 23. clause 23 provides that if any enquiry is going on before ..... 7) by respondent 4. all arguments based upon concept of ratification or its impact are therefore really not relevant in this case.19. in rajendra prasad mathur vs. karnataka university and anr., (supra), the question of grant of equivalence to various examinations has been considered. the only contention urged on behalf of the appellants there was ..... in such matters to respondent no. 2 or to even a court of law, he is taking support from the judgment in the case of rajendra prasad mathur vs. karnataka university & anr., reported at air 1986 sc 1448 (1). he, therefore, states that the approach of the office of respondent no. 2 in the matter is .....
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
..... deemed to be a precedent declaring law. for same purpose reliance is also placed on (2002) 8 scc 481 (t.m.a. pai foundation and others vs state of karnataka and others) where it is explained that ratio decidendi of a judgment is to be found out only on reading of entire judgment and it cannot be read as a ..... whom a writ cannot be issued. discussion therein shows that such an intervention is held permissible when there is no other remedy under the act. division bench of calcutta high court in bharat sanchar nigam ltd. vs. bmw industries ltd reported at a.i.r. 2007 (noc) 1715 (cal), has held that power of high court under articles 226 and 227 ..... in the arbitral tribunal, parties have to wait until the award is pronounced unless, of course, a right of appeal is available to them under section 37 of the act even at an earlier stage. its conclusions separately recorded also reiterate this principle as :"(vi) once the matter reaches the arbitral tribunal or the sole arbitrator, the high court .....
Tag this Judgment!Court : Mumbai Nagpur
..... v. state of gujarat [2009 cri. l.j. 1087], [4] maranadu & another v. state by inspector of police, t.n.[2008 cri. l.j. 4562],[5] state of karnataka v. chikkahottappa @ varade gowda & others [2008 cri. l.j. 3495], [6] vikram & others v. state of maharashtra [2007 cri. l.j. 3193],[7] anil kumar v. ..... . state of bihar [air 1989 sc 1456].proposition :for convicting any accused for offence punishable under section 149 of indian penal code, vicariously or constructively, for an act of unlawful assembly, proof of common object from the conduct of the accused persons distinct from the common intention is a condition precedent. b. re-assessment of evidence ..... pimparamule, 18 - narayan kothe, 19 baban karale, 20 marotrao gawande, 23 chandrashekhar khorgade, and 30 dilip s. chachane were identified to be present and participating in various acts of assault.[b] the accused possessed, and have used deadly weapons, such as big size sticks and medium size sticks [ ubharis and zodpas etc.].[c] the accused .....
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