Judgment Search Results Home > Cases Phrase: karnataka relief undertakings special provisions act 1977 section 5 suspension or modification of certain remedies etc Page 1 of about 58 results (0.219 seconds)

Gauri Industries Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1986KAR118

..... undertaking gowribidanur sahakara sakkare karkhane niyamit, gowribidanur, with its distillery has been declared to be a relief undertaking.now, therefore, in exercise of the powers conferred by clause (b) of sub-section (1) of section 4 of the karnataka relief undertakings (special provisions) act, 1977, (karnataka act 24 of 1977) the government of karnataka hereby direct that in relation to the said relief undertaking ..... suspension of the operation of or any of the contracts, assurances of property, agreements, settlements, awards, standing orders and other instruments in force to which the second respondent was a party or which might be applicable to the second respondent immediately before the date on which the second respondent was declared to be a relief undertaking or that any of the rights, privileges, obligations and liabilities accruing or arising thereunder before the said date shall remain suspended or shall be enforceable with such modifications ..... sections of the act, it is clear that the object of the act is to make certain special provisions in public interest with a view to enable the continued running of any relief undertaking which is also a state industrial undertaking as a measure of providing relief against unemployment in that undertaking ..... under the act must be as a measure of preventing of providing relief against unemployment of workmen of the second respondent-factory or action by creditors by way of liquidation of the second respondent etc.as could .....

Workmen of Karnataka Agro Proteins Ltd. Vs. Karnataka Agro Proteins Lt ...

Court : Karnataka

Reported in : [1991(63)FLR216]; ILR1991KAR244

..... ci 119 pum 88(1) dated december 2-5, 1988 has declared the first respondent company as 'relief undertaking' for a period of two years from december 2, 1988 under section 3 of the karnataka relief undertaking (special provisions) act, 1977, with a view to enable the continuous running of the undertaking and for providing relief against unemployment. 4. ..... 269 of 1987, the board for industrial and financial reconstruction has declared the first respondent as a sick industrial company under section 16(4) of the sick industrial companies (special provisions) act, 1985, and directed notice to the first respondent to show cause why it should not be wound up under the provisions of the act. 5. ..... therefore, a reference was made to the board for industrial and financial reconstruction (bifr) delhi, for determining the measures to be adopted under the sick industrial companies (special provisions) act, 1985, with respect to the company. ..... section 25-ff of the industrial disputes act provides that where the ownership or management of an undertaking is transferred, whether by agreement or by operation of law, from the employer in relation to that undertaking to a new employer, every workman who has been in continuous service for not less than one year in that undertaking immediately before such transfer shall be entitled to notice and compensation in accordance with provisions of section 25-f as it the workman had been retrenched. .....

Stumpp Schuele and Somappa Ltd. and Vs. State of Karnataka,

Court : Karnataka

Reported in : (1985)IILLJ543Kant

..... , it is clear that the administrative of gowribidanur sahakara sakkare karkhane - a sugar factory established under co-operative sector having suffered heavy losses, was taken over by the state government on 4th november, 1981 under the provisions of karnataka relief undertakings (special provisions) act, 1977, which provides for such take over by the government of certain categories of sick industries. ..... specific grounds which, if made out, entitled the employer to secure the permission were set out and the section made it obligatory for the government to accord permission, if one or more grounds so specified were made out, with a further provision that reasons must be recorded in the event of refusing permission, such a provision might perhaps be regarded as a reasonable restriction on the exercise of the right, for, the aggrieved employer could even in the absence of any ..... (iv) the difficulties to the workmen arising out of unemployment consequent on closure of an industry can be remedied by awarding different slabs of compensation in different situation but to refuse permission to close down a business for preventing unemployment is not ..... was inserted into the act with certain modifications, by the industrial disputes (amendment) act 1982 (act 46 of 1982). ..... it is established and is carried on for several years with the aid of labour force, the employer cannot be regarded as the absolute owner of all the assets like plant and machinery, stock-in-trade, immovable properties, etc. .....

The Belgaum Co-Operative Cotton Spinning Mills Ltd., Rep. by Its Manag ...

Court : Karnataka Dharwad

..... he has also submitted that even the state government declared the petitioner mill as a "relief undertaking" vide annexure 'a' order dated 07th april 1994 under the provisions of karnataka relief undertakings (special provisions) act, 1977 (karnataka act 24 of 1977). ..... employer shall be given a reasonable opportunity of being heard: provided further that the central board may reduce or waive the damages levied under this section in relation to an establishment which is a sick industrial company and in respect of which a scheme for rehabilitation has been sanctioned by the board for industrial and financial reconstruction established under section 4 of the sick industrial companies (special provisions) act, 1985, (1 of 1986), subject to such terms and condition as may be specified in the scheme." 7. ..... of any contribution: (1) where an employer makes default in the payment of any contribution to the fund, or in the transfer of accumulations required to be transferred by him under sub-section (2) of section 15 or sub-section (5) of section 17 of the act or in the payment of any charges payable under any other provisions of the act or scheme or under any of the conditions specified under section 17 of the act, the central provident fund commissioner or such officer as may be authorised by the central government by notification in the official gazette in this behalf, may recover from .....

Th Belgaum Co-Operative Cotton Vs. The Regional Provident Fund Commiss ...

Court : Karnataka Dharwad

..... the state government declared the petitioner mill as a relief undertaking vide annexure a order dated 07th april 1994 under the provisions of karnataka relief undertakings (special provisions) act, 1977 (karnataka act 24 of 1977). ..... petition aggrieved by the order passed by the empoyees provident fund tribunal, new delhi, rejecting their appeal in ata no.631(6)2001 upholding the levy of damages under section 14b of the employees provident funds and miscellaneous provisions act, 1952 (for short the act ). ..... the payment of any contribution to the fund, the pension fund or the insurance fund or in the transfer of accumulations required to be transferred by him under sub- section (2) of section 15 or sub-section (5) of section 17 or in the payment of any charges payable under any other provision of this act or of any scheme or insurance scheme or under any of the conditions specified under section 17, the 7/12 date of order:06.04.2017 wp no.67510/2010 the belgaum co-operative cotton spinning mills ltd., vs. ..... of being heard: provided further that the central board may reduce or waive the damages levied under this section in relation to an establishment which is a sick industrial company and in respect of which a scheme for rehabilitation has been sanctioned by the board for industrial and financial reconstruction established under section 4 of the sick industrial companies (special provisions) act, 1985, (1 of 1986), subject to such terms and condition as may be specified in the scheme. .....

M. Lingaraju Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1987KAR1788

..... the impugned order itself discloses that in addition to the supersession under section 30 of the act, the gouribidanur sahakara sakkare karkhane niyamita had been declared under section 3 of the karnataka relief undertaking (special provisions) act, 1977, as a sick unit. ..... whether the workers have a right to be heard before an order of liquidation is passed by the registrar of cooperative societies, under section 72 of karnataka co-operative societies act (hereinafter referred to as 'the act') and if so, whether the impugned orders of liquidation passed by the second, respondent in writ petitions nos. ..... in the said case, the nellikuppam sugar factory, owned by the appellant, therein had been closed as it was unable to make any profits despite certain attempts made to improve the profitability of that factory which was one of the oldest sugar factories in south india. ..... the liquidator in deciding the fate of all assets is bound to act in good faith and best interests of the co-operative society (in liquidation) and certainly in accordance with law.20. ..... the workmen there bad raised certain disputes based on settlements reached with the management. ..... 6896 and 6897 of 1986 and annexure-c in other writ petitions amount to illegal termination, i, therefore, do not propose to examine that question at all in these proceedings where no evidence may be recorded and where that is certainly not permitted normally.15. .....

Mysore Electro Chemical Works Ltd. Vs. G.K. Parmashiv and Others

Court : Karnataka

Reported in : [1993]76CompCas130(Kar); ILR1993KAR1051; 1993(1)KarLJ577

..... the company contended that its liability stood suspended between the period october 7, 1977, to october 6, 1987, in view of the provisions of the karnataka relief undertakings (special provisions) act, 1977 (for short 'the karnataka act'), and the notifications issued thereunder. ..... by declaring that the winding up application do stand dismissed or by setting aside the order of the winding up if one had already been made or until on being satisfied that the scheme cannot be successfully worked out with or without modifications, makes an order winding up the company or directs the working out of an order of winding up if already made, it must be held that the court sanctioning the scheme retains supervision over the working out of the scheme and ..... when a scheme has been sanctioned by the court and the company survives because of the scheme, the persons who are entitled to certain benefits or entitled to certain rights under the scheme certainly could approach the court under section 392 of the act to seek appropriate direction from the court when the scheme has not been worked out satisfactorily in the manner envisaged touching their rights. ..... learned counsel for the creditors pointed out that under clause (b) referred to above, the court has always the power to give such directions in regard to any matter or make such modifications in the compromise or arrangement as the court may consider necessary for the proper working of the compromise or arrangement. .....

Mukand Iron and Steel Works Ltd. Vs. Karnataka Steel and Wire Products ...

Court : Karnataka

Reported in : [1984]56CompCas435(Kar)

..... adjournments were taken on the ground that the government of karnataka was interested in rehabilitating the company and declaring it as a sick unit under the provisions of the karnataka relief undertaking (special provisions) act, 1977 (act no. ..... road branch, bangalore, also made a statement before the court that certain wire rods, zinc ingots and lead ingots were hypothecated to that bank and the same was technically in its custody in the factory premises of the respondent ..... in reply thereto, the respondent company pointed out that there were certain errors in the statements of account furnished by the company and that the matter was being looked ..... in the letter dated march 16, 1977, written by the respondent company, it has admitted certain amounts to be due as per the statement enclosed thereto and, according to that statement, the net balance due to the petitioner company is shown at ..... , praying for an order of this court to wind up the respondent company, karnataka steel and wire products ltd. ..... is stated to be a director nominated by the karnataka state financial corporation and respondent nos. ..... is stated to be a director nominated by the karnataka state industrial investment and development corporation ltd. ..... matter would require an elaborate enquiry and, therefore, the appropriate forum for such enquiry would not be the company court, but the petitioner having an alternative forum in civil courts, should seek his remedy there. ..... for the bald denial in regard to payment of interest, etc. .....

N. Soundarajan and ors. Vs. Union Bank of India and anr.

Court : Chennai

Reported in : [2004]121CompCas199(Mad)

..... [1978] 2 mlj 94 and submitted that the contract of guarantee is a separate contract between the creditor and the guarantor and there is nothing in the tamil nadu relief undertakings (special provisions) act, and particularly in section 4(b) which suspended either such a contract or the obligations arising therefrom. ..... another notice was issued on july 13, 1978, for which the first defendant sent a reply on august 1, 1978, stating that the first defendant-company is the relief undertaking and that there was a moratorium for one year from november 15, 1977, for the payment of the debt and at the same time assuring that the debt would be cleared within a period of one year. ..... gajanan shankararao kulkarni, a division bench of the karnataka high court while construing the provision of section 141 of the indian contract act, 1872, held as under (headnote) :'held, the sureties could not appeal to the provisions of section 141 which in the facts and circumstances of the case was not attracted. ..... the first defendant has not only confirmed the balance and as per the plaint, they made certain payments towards interest on several dates, namely, april 15, 1974, may 16, 1974, november 14, 1974, june 10, 1975, november 24, 1979, and on november 25, 1980. ..... on the facts of the case, there were certain exchange of letters between the plaintiff-bank and the first defendant regarding granting of concession in the interest rate as well as for the transfer of pledge account into hypothecation account. .....

A. Satyanarayana Reddy and ors. Vs. the Presiding Officer, Labour Cour ...

Court : Supreme Court of India

Reported in : 2008(3)KLT257; (2008)IIILLJ306SC; 2008(8)SCALE196; (2008)5SCC280

..... relief undertaking' in terms of andhra pradesh relief undertaking (special provisions) act ..... retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person - (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or(iii) who is employed mainly in a managerial or administrative capacity; or(iv) who, being ..... it was opined:after the amount is paid and the employee ceases to be under the employment of the company or the undertaking, he leaves with all his rights and there is no question of his again agitating for any kind of his past rights with his erstwhile employer including ..... they failed to take into consideration that the existing right of the workmen for obtaining the lay off compensation payable to them under the industrial disputes act, 1947 having nothing to do with the voluntary retirement scheme and furthermore having regard to the directions of the high court in the earlier writ petition, the proceedings under ..... remedy and suppress the mischief in accordance with the purpose and object of inserting section 33c in the act.18 ..... pradesh permitted the said scm sugars limited to shift the factory to the state of karnataka, as a result whereof, the workmen lost the opportunity to continue to be employed .....