Court : Kolkata
Reported in : AIR1966Cal375,[1966(12)FLR69],(1966)IILLJ59Cal
..... and connotation of the words ''termination for any reason whatsoever' if the objective situation is such that both the termination and the reason are beyond the control of the employer, then termination in that context would not be retrenchment. therefore, while all retrenchment is termination of service. all termination is not retrenchment ..... within the meaning of section 2(oo) of the industrial disputes act. the appellant company's case is that termination under specified conditions laid down by the standing orders is not necessarily and always a retrenchment.16. ..... opinion seems to favour the view that some limitation must be imposed on the apparently wide definition in section 2(oo) of the industrial disputes act defining retrenchment to mean termination by the employer of the service of the workmen for any reason whatsoever save and except the exceptions expressly made therein .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal129,(1968)IILLJ203Cal
..... (corresponding to rule 157 in the 1959 code) the railway board has been given full power to make rules of general application to non-gazetted railway servants under their control (with which we are concerned in this case.). therefore, the rules made by the railway board, which are made effective by issuing circulars or letters have statutory authority ..... of the code of 1959) the railway board has been given full powers by the president to make rules of general application to non-gazetted railways servants under their control. it will be necessary to trace the relevant rules since the promulgation of the 1951 code. in the 1951 code, rule 140 (ch i) provides that the ..... they relate to the performance of a public duty, and the case is such that to hold null and void acts done in negleci of them would work serious general inconvenience, or injustice, to persons who have no control over those entrusted with the duty, without at the same time promoting the main object of the legislature. thus, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal355
..... into force, this power belonged to the legislatures of the former provinces and states. it proceeds to state that a state law namely the madhya bharat accommodation control act passed in 1955 was extended to mhow as on 6th february, 1980, but in view of the redistribution of the legislative power under the constitution, a state ..... tenant from a premises situated in the cantonment area of kirkee. the trial court held that the tenant was protected under the rent restriction act (bombay rents hotel and lodging house rates control act 57 of 1947) and dismissed the landlord's suit. in appeal, the district judge confirmed the decision of the trial court and dismissed ..... bombay case mentioned above and the instant case. according to the entries in the viith. schedule of the government of india act, 1935 the control of rents was a provincial subject and therefore the rent control act 57 of 1947 was held not to be impinging on the federal list which only regulated house accommodation. as regards the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal231
..... on behalf ofthe respondent that from the affidavits onrecord, it must be held that the petitioner hasfailed to establish that the state of west bengalhas imposed any control over the sale or purchase of chanks, or that the corporation hasbeen set up as a monopolist, so as to prevent thepetitioner from purchasing chanks exceptthrough ..... bringing out these publications to appreciate the change in the legal position which has come into existence after the formation of the company registered under the companies act and the transference of the business from the government department to that company. in fact, the very object of the government in constituting the company ..... itself as a government of west bengal undertaking. it is further stated in the petition that though the corporation is a company registered under the companies act, its shares are confined to the government or its nominees and its articles of association expressly declare that 'no invitation shall be issued to the public .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal568,1967CriLJ1599
..... was in force, and it was not possible to procure cement in the open market. messrs bharatiya byapar mondal was a dealer of cement under the cement control act and the government issued a permit in favour of the plaintiff upon the said dealer for 15 tons of cement. the plaintiff paid the sum of rs. 2,264/14 ..... price of molasses produced by the factories in the province of bihar were controlled, first by means of an ordinance known as the bihar molasses (control) ordinance, 1946, and then under the bihar molasses (control) act, 1947. under the said provisions the excise commissioner was constituted a controller. without the permission of the controller no molasses could be moved by rail or river from any place .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal407,72CWN440
..... no protection. a mass picket surrounded the business premises during a strike and the accused has prevented employees from entering the plant and had counselled or procured pickets acting under their control or authority. this be-setting was found unlawful. r. v. doherty and stewart 2 cr 293 (canadian see 'labour relations in canada' crysler pp. 30 ..... highway near the main entrance of the factory. one of the objects of the circling manoeuvre was to seal off the area occupied by the circle and bring traffic to a stand-still. the leader of the pickets declined to direct the pickets to desist from the encircling movement as requested by the police, as the ..... not only for the purpose of peacefully persuading others from abstaining from work as provided in section 2 of the trade disputes act, 1906 but also for the purpose of causing obstruction to vehicular traffic approaching the factory and that what was done was something beyond what was authorised by the statute.242. relying upon this decision .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal342
..... statute, the indian trade mark law does not recognise any other common law of agency, ior, to do so would be to permit traffic in trade mark and to introduce person who will be beyond the control of the trade mark authorities in india. the words 'agent or servant' in pussy galore's case obviously mean one who is ..... the united kingdom i do not consider that there is any justification or necessity to have a provision corresponding to section 29 (1) (b) of the english act in our act'.34. it was mr. justice raja gopala ayyangar's report which was accepted on this point. tho conclusion to be derived from the history of this branch of ..... that the government permission or licence by which geoffrey manners and co. ltd. is now said to be manufacturing dristan in india was given under industries development and regulation act, 1951, under which geoffrey manners and co. ltd. sought the government's permission. the permission of the government of india to manufacture dristan tablets was given on certain .....
Tag this Judgment!Court : Kolkata
Reported in : (1969)IILLJ232Cal
..... in default to undergo rigorous imprisonment for three weeks. baleswar was suspended on 28 march 1963. on 9 april 1963 baleswar was served with an order passed by traffic manager removing him from his service under commissioners for the port of calcutta. the said order recited the aforesaid conviction of baleswar and stated:a. and whereas it is ..... therefore, hold that if it was a case of there being no rules at all. or in the case of rule 18 of the central civil services (classification, control and appeal) rules not being applicable, it was incumbent on the appellant to follow the rules of natural justice which has not been done in this case.24. to ..... said fundamental and supplementary rules were confirmed and approved by the central government in accordance with the provisions of sub-section (3) of section 31 of the said act.6. by virtue of fundamental rule 56 adopted as mentioned above an employee of the category of the appellant-petitioner of the commissioners for the port of calcutta is .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal180
..... under the central government or another state government or under a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the government. (2) a cadre officer may also be deputed for service under:-- (i) a municipal corporation or a local body, by the state government ..... all executive action of the government of india shall be expressed to be taken in the name of the president it means that when the president instead of acting directly, acts through his officers, the action of the officers must be expressed to be taken in the name of the president. that is why, article 77(2) ..... for a period of five years. he first relied on article 309 of the constitution. the article runs thus:- 'subject to the provisions of this constitution, acts of the appropriate legislature may regulate the recruitment and conditions of service of persons appointed, to public services and posts in connection with the affairs of the union .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal450,77CWN711
..... is a subsidiary of the other, or (c) if they are under the same management within the meaning of section 370 of the companies act 1956, or (d) if one exercises control over the other in any other manner, (iv) where one undertaking is owned by a body corporate and the other is owned by a firm ..... monopolies, for the prohibition of monopolistic and restricted trade practices and for matters connected therewith or incidental thereto.' to achieve this object the act provides for a scheme of control over expansion of existing and establishment of new undertakings. the statute makes a distinction between ordinary undertakings and dominant undertakings. subject to certain ..... of the house of lords it must be noted that those were cases where the term 'control' or 'controlling interest' came up for construction as in the finance acts with or without special explanatory clauses. it was observed that normally control over a company must mean exercise of power by voting rights and a person is said to .....
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