Court : Mumbai
Reported in : (1993)IIILLJ63Bom
..... the industrial tribunal could also go into the question of adequacy of the punishment qua the misconduct alleged against the workmen and that the functions of the government in exercising powers under section 10(1) read with section 12(5) of the act should be done reasonably and with utmost care and caution and also that while exercising such powers, the government should be slow in declining to make a reference because that would ..... relief to the second petitioner who was working in the travel department of the third respondent-bank and after getting sufficient knowledge as to the travelling rules, and regulations, he indulged in a dishonest act of misappropriating bank's money not only once, in his own case and in the case of his mother, but also on the second occasion thereafter in the case of his father. ..... 'it may be noted here that if the government decides to make a reference, it has to be done under section 10(1) of the act which provides:'where the appropriate government is of opinion that any industrial dispute exists or is apprehended, it may at any time, by order in writing- (a) refer the dispute to a board for promoting a settlement thereof; or (b) refer ..... further, the powers of the labour court and/or the industrial tribunal under section 11a of the act cannot be usurped by the government by refusing to make a reference and that the workmen, in such cases, have a legal right to justify the demands before the labour court or the industrial tribunal as ..... karnataka ..... irrigation .....
Tag this Judgment!Court : Mumbai
Reported in : (1989)91BOMLR29
..... if it was a case of voluntary retirement as pleaded by the appellant undoubtedly the respondent's application under section 16 of the act would be incompetent. ..... 69 and also to a decision of the karnataka high court in southern railways ltd. v. ..... bench held:we feel that it is a well settled proposition of law that a forced resignation, which means a resignation not voluntarily given by the employee but is brought about by force, duress or in any other manner by the employer is by the act of the employer. ..... 1 in schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices, act, 1971. ..... 1 in schedule iv of the act. ..... the words 'discharge and dismissal' are not defined in the act. ..... 1, schedule iv of the act. ..... 1 of schedule iv of the act. .....
Tag this Judgment!Court : Mumbai
Reported in : (1988)90BOMLR541; 1989MhLJ99
..... it appears to be the case of the state government that benefits under the resolution are made available to vimukta jati and/or nomadic tribes which mainly include all castes covered by the old criminal tribes act, 1924, or tribes which are in fact nomadic. ..... after the government of india act, 1935, separate lists were prepared for bombay presidency and for the state of sindh and in both these lists bawa caste is included. ..... by government of india act, 1935, sindh was made a separate province and, therefore, separate notifications were issued for the state of bombay and state of sindh. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom358; 1992(1)MhLj267
..... the division bench in chhanubhai karansang's case, 1 am of the view that it would not be permissible to take into account the land alleged to be in actual possession of the first respondent in the state of karnataka for the purpose of calculating the total land in his actual possession, equal to the ceiling area, for the purpose of clause (a) of sub-sec. ..... reasons expressed by the division bench in chhanubhai's case, it would not be permissible to consider the land held by the first respondent in the state of karnataka to make up the total land in his actual possession equal to the ceiling area for the purpose of clause (a) of sub-sec. (1) of s ..... reads as under :43-1b: (1) notwithstanding anything contained inthe foregoing provisions of this act, butsubject to the provisions of this section, itshall be lawful to a landlord at any time afterthe commencement of the tenancy andagricultural lands laws (amendment) act,1964, to terminate the tenancy of any sand andobtain possession thereof, but (a) of so much of such land as will be sufficient to make up the total land in this actual possession equal to the ceiling area ..... holding shall be determined on the basis of one acre of perennially irrigated land being equal to two acres of seasonally irrigated land or paddy or rice land, or four acres of jirayat ..... act, the ceiling area of lands shall be,-- (a) 48 acres of jirayat land, or (b) 24 acres of seasonally irrigated land or paddy or rice land, or (c) 12 acres of perennially irrigated land .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(3)BomCR159
..... the aforesaid decisions of the supreme court as well as the decisions of this court and the karnataka high court, indicated the manner which the trial court should have dealt with the present appellant at the time of the ..... learned sessions judge has rightly referred to a number of rulings about the burden of proof when an exemption under section 84 of the indian penal code was claimed on behalf of the accused in defence of the prosecution launched against him ..... is that witnesses say that they were afraid of going near the appellant, but that was a description of the mental state of the witnesses; it was not on account of any acts done by the appellant towards the witnesses that they had got such a fear. ..... said that the appellant had pelted at a police constable a broken piece of wood, but that could hardly be an act of violence as such, commensurate with the violence exhibited earlier in the context of victims. ..... the witnesses say that the appellant had resisted the act of tying down his hands or legs. ..... , then, concluded that the defence had discharged the legal burden to rebut the presumption in favour of sanity and had succeeded in proving that the appellant was not capable of understanding the nature of his act at the time of commission of the offence. ..... evidence cannot be considered, therefore, as an evidence which could show that the appellant was in a normal state of mental health on the date of the offence so as to enable him to understand the nature of the act committed by him.9. .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(3)BomCR658
..... the state of mysore : air1996sc188 , section 4 and section 11(2) of the karnataka state civil services (regulation of promotion, pay & pension) act, 1973, was assailed. ..... alleges that there was an attempt to bifurcate the jintur market committee so that the government will have power to appoint first committees for the bifurcated market committees and a committee was also appointed under section 40 of the agricultural produce market (regulation) act, 1963 (hereinafter called as the 'market act'), to inquire into affairs of bombay market committee under the chairmanship of a retired judge of this court (puranik, j.). ..... the legislative council had no opportunity to discuss the bill for the second time and, therefore, it cannot be deemed to have been passed under article 197 of the constitution of india;(iv) both the ordinance and the act are hit by article 14 of the constitution of india since they legislate for the bombay market committee alone singling it out without any rational basis for classification.6. ..... in the year 1955 and the legislature, in the year 1976, inserted sub-section (1) in section 13 of the marketing act so as to constitute the bombay market committee with different kind of structure. ..... (1) supreme court cases, 96(ii), cauvery water dispute's, case, the karnataka kauvery basin irrigation protection ordinance, 1991, was held to be unconstitutional and ultra vires as it was in effect overriding interim orders made by the tribunal constituted by the parliamentary law .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(1)ALLMR112; 1998(2)BomCR837
..... 4-6-1996, a notice of demand purporting to be under section 2-a of the industrial disputes act, 1947 was submitted by the present petitioner to the executive engineer, ahmednagar irrigation division, ahmednagar. ..... shelke, learned counsel for the petitioner contended that the conciliation officer acting under section 12 of the industrial disputes act, 1947 cannot adjudicate upon the merits of the industrial dispute as he is not a court and, therefore, cannot refuse to conciliate merely on the ground of ..... wherein the government's order refusing to make reference on the ground of delay of six years passed under section 10(1) of the industrial disputes act, 1947 was set aside and the government was directed to reconsider the matter. ..... receiving a copy of this notice on demand, the conciliation officer - assistant commissioner of labour, savedi road, ahmednagar intimated to the petitioner by communication dated 25-7-1996 that the demand notice was made 15 years after act complained and since no justifiable reason for this delay is made out, conciliation officer does not wish to conciliate in the alleged dispute. ..... the duties of the conciliation officer have been denned in section 12 of the act and it is laid down that he shall for the purpose of bringing about a settlement of the dispute without delay investigate the dispute and a' matters affecting the merits and right settlement thereof and may do ..... support of his contention, he relied on the judgment of karnataka high court in gurumurthy v. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(4)ALLMR201; (1998)IILLJ77Bom; 1998(3)MhLj897
..... and works connected with the irrigation projects of the irrigation department of the state of maharashtra fall within the definition of industry within the meaning of section 2(j) of the industrial disputes act. 2. ..... two judgments relied upon by the apex court to arrive at the conclusion arrived at in executive engineer, state of karnataka (supra), nowhere have laid down the tests to hold as to why irrigation department is to be excluded from the definition of industry. ..... instant case and des raj's case the irrigation department of punjab has been held to be an industry based on the definition of industry as it now stands, whereas applying the same definition the apex court in the case of executive engineer, state of karnataka held it not to be an industry. ..... ' it is on account of this latter judgment of the apex court and the judgment in executive engineer, state of karnataka (supra) that the petitioners contend that the law laid down in des raj's case (supra) is no longer good law and it is further contended that the latter judgment of the apex court is to be followed as it is a ..... it is pointed out that the judgment in the case of executive engineer, state of karnataka being subsequent judgment would be of a binding nature and in terms of article 141 of the constitution of india it is the law which is binding on ..... it is also clear that the judgment in executive engineer, state of karnataka (supra) was pronounced without considering the judgment of the apex court itself in des raj .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(3)ALLMR601; 1998(3)BomCR355; (1998)1BOMLR326; 1998(2)MhLj135
..... & others (supra), relied upon by the learned a.g.p, it has been held that the irrigation department of karnataka state is not an industry, as defined under the act. ..... is further held that the question as to whether the telecommunication department is an industry, within the meaning of the definition contained in the existing unamended section 2(j) of the act, has to be answered, according to the decision of the apex court in the case of bangalore water supply board (supra). ..... there was no reply to this notice of demand, he approached the conciliation officer, under section 2-a of the industrial disputes act, 1947 (hereinafter referred to as the act) for reinstatement with continuity in service and backwages till 17-9-1990. ..... by the central government by issuance of notification required for the purposes and it would not be necessary for the court to consider whether the telecommunication department of the union of india would be an industry, within the meaning of section 2(j) of the act in the amended provision, which has not been brought into force. ..... of gujarat, 1987(28) gujlr 1070; has held that the department of industries, mines and power of the gujarat state was not an industry, as defined under section 2(j) of the act. ..... labour court has allowed the reference on the ground that the petitioner did not comply with the requirements of section 25-f and 25-g of the act. ..... further submitted that once a reference has been made by the competent authority, under section 10(1) r.w. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(4)ALLMR663; 1998(3)BomCR717
..... the trial court after hearing the parties and upon arriving at the-conclusion that the dispute relates to the work of irrigation and that it would beadvice able to appoint an expert from the department of irrigation and since there beingno personal allegation made by the petitioner against the three persons suggested bythe respondents and the apprehension in the mind of the petitioner that ..... before thetrial court for objecting the appointment of the person suggested by the respondentsthat they are government servants who are still in service in the irrigation departmentand, therefore, there is possibility of bias in favour of the respondents if any of themis appointed. ..... order shri mascarenhas, learned advocateappearing for the petitioner, submitted that the trial court had acted with materialirregularity in discarding the objection raised on the part of the petitioner to the personappointed ..... as regards the case in the matter of state of karnataka (supra) it lays down a broad principle that the interest of justice requires that where a party to a contract disputes the committing of any breach of conditions, the adjudication should be by an independent person ..... towards therespondents and the apprehension being reasonable apprehension in the mind of thepetitioner, the trial court erred in ignoring the same and appointing the superintendingengineer as sole arbitrator and thereby acting with material irregularity justifying theinterference of this court in its revisional jurisdiction. .....
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