Court : Gujarat
Decided on : Jan-18-2002
Reported in : [2002(94)FLR427]; (2002)4GLR2953
D.H. Waghela, J.1. By way of this petition under Articles 226 and 227 of the Constitution, the petitioner-Gujarat State Road Transport Corporation- has challenged the award of the Industrial Tribunal, Vadodara in Reference (IT) No.20 of 1998 whereby an heir of its employee is ordered to be employed from the date of his application, i.e. 23.7.1992, with backwages from that date under the scheme for compassionate appointment.2. The simple undisputed and relevant facts to be culled out from the record are that a conductor, namely, Kalubhai H. Valand was, after service of 22 years, discharged from service from 6.6.1992 on the basis of his permanent unfitness consequent to loss of eyesight. An application dated 23.7.1992 was, therefore, made to take his youngest son as a clerk in employment of the petitioner, who was aged 23 and matriculate at that time. The claim was based on a condition of the settlement and a general standing order applicable to the case. The demand having not been acced...
Tag this Judgment!Court : Gujarat
Decided on : Jan-25-2002
Reported in : AIR2002Guj280; (2002)2GLR944
B.C. Patel, J. 1. The Ahmedabad Municipal Corporation (hereinafter to be referred to as 'the Corporation'), being aggrieved by the order dated 31-7-1998 made by the Small Cause Court, Ahmedabad in Municipal Valuation Appeal No. 4970 of 1994 has preferred this appeal.2. The present respondent who was appellant before the Small Cause Court, Ahmedabad preferred an appeal against the demand made in the bill with regard to special conservancy charges and water tax in respect of the premises namely Final Plot No. 89,102-P of Navrangpura area, Ahmedabad. It was contended by the respondent herein before the Small Cause Court that the appeal premises is a non-residential premises and is being used as Research Centre only. It was further contended that the premises is supplied water by putting water meter, and therefore, water can be taxed only according to water meter. With regard to conservancy charges, it was pointed out that hardly 5 to 6 persons are permanently working in the premises and v...
Tag this Judgment!Court : Gujarat
Decided on : Feb-22-2002
Reported in : 2002(82)ECC657; 2005(185)ELT19(Guj); (2002)3GLR8
D.M. Dharmadhikari, C.J.1. Rule. Mr. Mukesh R. Shah waives service of Rule.2. The petitioner-company is manufacturing plasticizers. The petitioner Company has been taking the MODVAT credit of duty paid on the inputs received by its factory for manufacture of goods to be cleared for home consumption as well as for export.3. The petitioner-company is aggrieved by the orders of the respondent-Central Excise Authorities in retaining the benefit of Rs. 41,18,212/- alleged to have been illegally accrued in favour of the revenue. According to the petitioner company, MODVAT credit for the aggregate amount mentioned above was rightly taken, but under mutual mistake, both of the petitioner as manufacturer and the respondent Authorities, the said MODVAT credit was reversed in February/ March, 1995. The petitioner company as well as the respondents were totally oblivious of Public Notice No. 6 of 1995 issued by the Central Government on 9-1-1.995 and which was published in 1st March issue of Excis...
Tag this Judgment!Court : Gujarat
Decided on : Mar-07-2002
Reported in : (2002)IILLJ1034Guj
..... life insurance corporation of india -v. d.j. bahadur reported in air 1980 sc 2181' : 1981 (1) scc 316 : 1981-i-llj-1 and submitted that as per the in-built mechanism under the i.d. act and more particularly in view of section 19(2)(6) of the i.d. act ..... that the remedies have become illusory and therefore the only remedy is to invoke the jurisdiction of this court under the contempt act because since the labour courts are not deciding the matters of recovery of applications within reasonable time or that the collectors are not proceeding to recover the amount even after receipt of certificates. at the same ..... , inserted section 33a in the act in 1950 and added section 33c in 1956.' the apex court further observed that 'having regard to the fact that the policy of legislature in enacting section 33c is to provide a speedy remedy to the individual workman to enforce or execute their existing rights, it would not be reasonable to exclude from the scope of this section cases of ..... section is an interpretative stultification of the statutory ethos and purpose. industrial law frowns upon a lawless void and under general law the contract of service created by an award or settlement lives so long as a new lawful contract is brought into being. to argue otherwise is to frustrate the rule of law. if law is a means to an end - order in society - can it commit functional harakiri by leaving a conflict situation to lawless void?'after considering various decisions, the apex court has, at para 43 .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-08-2002
Reported in : (2002)4GLR2940
K.A. Puj, J.1. The petitioner, in this petition, has sought the mandatory relief from this Court directing the respondent-authorities to treat the impugned action on the part of the respondents in not regularising the services of the petitioner and in terminating the services of the petitioner by adopting the modus operandi of 29 days appointment, as illegal, unjust, arbitrary, discriminatory, unconstitutional and non-est in the eye of law and has further sought directions to the respondents to treat the petitioner in continuous services of the respondents right from the initial entry of the petitioner in the service of the respondents. The petitioner has further prayed for a declaration from this Court to the effect that the Order s creating artificial break in the service of the petitioner, after his initial appointment, as illegal, non-est and of no effect whatsoever and to treat the services of the petitioner as continuous for all purposes. Lastly, the petitioner has prayed for dir...
Tag this Judgment!Court : Gujarat
Decided on : Mar-21-2002
Reported in : (2002)4GLR3150
H.K. Rathod, J.1. Heard Mrs. K.A. Mehta learned Advocate for the petitioner. In the present petition the award passed by the Industrial Tribunal in Ref. (I.T.) No. 174 of 1982 dated 27-4-1993 is challenged by the petitioner.2. This Court has issued Rule and granted interim relief in terms of Para 9(B) on 2-9-1994. The Rule has been served on the respondent but nobody has remained present on behalf of the respondent. No appearance has been filed on behalf of the respondent. Therefore, the matter has been taken up for final hearing today in the absence of the respondent.3. Mrs. K.A. Mehta learned Advocate appearing on behalf of the petitioner has submitted that the Tribunal has no jurisdiction to pass a mandatory Order against the petitioner to fill up 143 posts of Sr. Clerks as per seniority as mentioned in the Schedule at item No. 11. She has submitted that the respondent-Union has not pointed out any material before the Tribunal to the effect that right person has not been granted pro...
Tag this Judgment!Court : Gujarat
Decided on : Apr-02-2002
Reported in : (2003)4GLR126; (2003)IIILLJ647Guj
K.M. Mehta, J.1. The Regional Director, E.S.I. Corporation appellant, original opponent, has filed this First Appeal under Section 82 of the Employees' State Insurance Act (hereinafter referred to as 'the Act') against judgment and award dated April 27, 2001 passed by the E.I. Court in E.S.I. Application No. 80 of 1989. The learned judge by the impugned judgment quashed and set aside demand letter dated May 4, 1989 claiming Rs. 2,19,245/- Insurance amount on the cost of construction and profit of contractor under Section 2(22) of the Act.2. The facts giving rise to this appeal are as under:Patel Printing Press, respondent, original applicant was carrying on business at Ahmedabad. The respondent has its own building where it carries on business of printing press. It is the case of the respondent that it has one building and another it has acquired which was originally rented to the tenant. However, the building was in a dilapidated position and therefore it decided to renovate the same ...
Tag this Judgment!Court : Gujarat
Decided on : May-07-2002
Reported in : (2002)3GLR624
..... 1) the order of the learned metropolitan magistrate is non-speaking and does not reflect any application of mind.(2) the dispute between the parties is of purely a civil nature and in order to exert ..... section 120b of i.p.c. and the learned magistrate directed registration of the complaint and issuance of summons for the said offences against the accused persons (petitioners herein). the original accused persons (petitioners herein) have sought quashing of the complaint and the order. in order that the contentions of the parties can be properly appreciated, certain facts would be pertinent to be noted.5. arvind mills limited ('a.m.l.' for short) is a limited company incorporated under the provisions of the companies act, 1956 ..... up-till now is continued for some time to enable the petitioners to approach the apex court.43. this court is informed that the apex court reopens after vacation on the 8th july, ..... arising out of :- (a) any sale;(b) income;(c) policy or policies of insurance;(d) compensation money in respect of any acquisition and requisition or nationalisation or takeover of the management ..... agent and the lenders hereby appoint and constitute the industrial credit and investment corporation of india limited to act as agent and security trustees for the securities created/to be created by the company in favour ..... , on proof of the offence, is deprived of his liberty and in some cases even his life. this does not, however, affect the civil remedies at all for suing the wrongdoer in .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-25-2002
Reported in : (2004)IIILLJ236Guj
K.M. Mehta, J.1. Heirs and legal representatives of deceased Babubhai Maganbhai Patanwadia have filed First Appeal against the judgment and award dated January 8, 2002 passed by the Employees' State Insurance (hereinafter referred to as E.S.I.) Court in Second Appeal No. 16 of 1999. The E.S.I. Court has held that when deceased Babubhai Maganbhai Patanwadia was working with Alembic Glass he was suffering from the disease of Silicosis and that the deceased had 60% disability.2. The facts giving rise to these appeals are as under:The learned counsel for the original appellant late Shri Babubhai Maganbhai Patanwadia submits that the appellant was serving in Alembic Glass Industries Limited, Vadodara since more than 10 years. In view of his employment he suffered an ailment of Silicosis. The original appellant was examined by the Medical Board on March 12, 1986. The Medical Board awarded 10% disability. The appellant has produced copy of the order passed by the Medical Board at Annexure-A t...
Tag this Judgment!Court : Gujarat
Decided on : Aug-08-2002
Reported in : (2003)2GLR992; (2003)ILLJ795Guj
Kundan Singh, J. 1. The appellant-original petitioner filed Special Civil Application No. 1826 of 2002 for a direction to the respondent No. 1 State of Gujarat through Labour Commissioner, Ahmedabad to take appropriate action to restore the service conditions which were prevailing in the respondent No. 2 company before 31st October, 2001 and to initiate appropriate action pursuant to the breach of statutory rules and regulations restraining the respondents from committing any further breach of statutory rules and regulations. 2. It is asserted in the petition that the petitioner is a registered Trade Union operating in the respondent No. 2-Company for about 30 years and the respondent No. 2-Company started manufacturing activities at Ranip about 40 years ago. On 16th October, 2001 the respondent-Company alleged to have issued a notice to its workmen regarding financial crisis in the company, but actually no notice was made known to the majority of the workmen and also to the petitioner...
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