Court : Mumbai
Reported in : 2008(6)BomCR479
..... the end of two years and every two years thereafter, if necessary, in the light of the record during the respective two years, if the employee or his representative under section 30 of the bombay industrial relations act, 1946 makes a request to that effect, on the expiry of a period of not less than two years from the date the punishment was given effect to, such a review will be made within a period of ..... employee found guilty of misconduct may be punished in one or more of the following ways by:(a) being warned or censured; or(b) being fined, subject to and in accordance with the provisions of the payment of wages act, 1936, and/or the minimum wages act, 1948 and rules thereunder, where applicable; or(c) in the case of the outdoor staff of the traffic department being sent to school for a period not exceeding one day at a time for each separate ..... act of misconduct; or(d) being suspended for a reasonable period not exceeding three months depending upon the gravity of the offence, by an order in writing signed by the competent authority; or(e) being demoted and/or reduced in ..... workers union)(ii) : (1984)iillj105sc (associated cement ..... shrivastava : (1984)iillj105sc , this court held that 'neither under the ordinary law of the land nor under industrial law a second opportunity to show ..... (1984) .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(4)BomCR695
..... development authority constituted for a planning area, it may be seen that if the planning and development authority fails to prepare a map and register as required by section 26 of the act, section 28(1)(b) of the act empowers the government to direct the chief town planner to prepare a map and register for the planning area within the jurisdiction of such a planning and development authority and when ..... supreme court has pointed out that 'the shift now is to a broader notion of 'fairness' or 'fair procedure' in the administrative action and the duty in that regard is not so much to act judicially as to act fairly,' however, it is made clear in the said para 23, that even an administrative decision unless it affects one's personal rights or one's property rights, or the loss of or prejudicially affects ..... the map and register for such a planning area is prepared by the chief town planner, section 28(2) of the act, requires him to submit the same to the board and it is the board which then follows the procedure and exercises the powers of the planning and ..... of development plans and schemes in the planning areas and the day to day working of the planning and development authority also as is clear from the provisions of the act herein before referred to, for which reason it appears that the legislature has in its wisdom chosen to dispense with the requirement of consultation with the planning and development authority .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(2)BomCR242; [1994(68)FLR421]; 1995(1)MhLj613
..... shri ganguli, learned counsel appearing on behalf of the workman, on the other hand urged that the entitlement under section 17b of the act is in respect of the full wages which the workman is entitled to draw in pursuance of the ward and the construction of section 17b should be one which would sub-serve the ..... it was not disputed on behalf of the appellant company that the workman is entitled to relief under section 17b of the act but the dispute arose as to what should be the quantum of wages payable to the workman during the pendency of writ ..... after consideration of failure report, the deputy commissioner of labour (c), bombay in exercise of powers under section 10(1)(c) of the industrial disputes act, 1947 (hereinafter referred to as the said act) made reference to the residing officer, 7th labour court, bombay for adjudication of dispute raised by respondent no. 1. ..... it was submitted that the plain reading of the provisions of section 17b of the act makes it clear that the workman is entitled to full wages last drawn by him and those wages were one which were paid to the workman on ..... the parliament had introduced section 17b of the act with the object that the workman is not deprived of wages which he is entitled to draw in case the ..... ' the section was introduced by industrial disputes (amendment) act, 1982 and the statement and objects for introduction of the section sets out that the need was felt to provide for payment of wages last drawn by the workman in view of the delay .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1949Bom197; (1949)51BOMLR86
..... prevent the provincial legislature from dealing with any matter which may incidentally affect any item in its list, or in each case has one to consider what the substance of an act is and, whatever its ancillary effect, attribute it to the appropriate list according to its true character t in their lordships' opinion the latter is the true view.this, with respect, ..... legislature had no legislative competence to enact provisions with> regard to the jurisdiction and powers of all courts in relation to item 28 in list i, by section 3 of the impugned act the provincial legislature enacted that the new city civil court which was established by it shall have jurisdiction to receive, try and dispose of suits and other proceedings of a civil nature not exceeding rs ..... has it trespassed more or less, but is the trespass, whatever it be, such as to show that the pith and substance of the impugned act is not money lending but promissory notes or banking once that question is determined the act falls on one or the other side of the line and can be seen as valid or invalid according to its true content.and their lordships ..... their lordships felt that three questions arose in order to determine whether the contention of the party challenging the legislation was sound, and these three questions were : (1) does the act in question deal in pith and substance with money lending (2) if it does, is it valid though it incidentally trenches on matters reserved for the federal legislature (3) once it is .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR477; 2007(5)BomCR286
..... (a) without giving to the employees, a notice of lock-out in the prescribed form or within fourteen days of the giving of such notice; (b) during the pendency of conciliation proceeding under the bombay act or the central act and seven days after the conclusion of such proceeding in respect of any of the matters covered by the notice of lock-out; (c) during the period when a submission in respect of any of ..... without obtaining the vote of the majority of the members of the union, in favour of the strike before the notice of the strike is given; (c) during the pendency of conciliation proceeding under the bombay act or the central act and seven days after the conclusion of such proceeding in respect of matters covered by the notice of strike; (d) where submission in respect of any of the mattes covered by the notice of strike is ..... respect of matter covered by the notice of lock-out has been referred to the arbitration of a labour court or the industrial court voluntarily under sub-section (6) of section 58 or section 71 of the bombay act, during the arbitration proceeding or before the date on which the arbitration proceeding is completed or the date on which the award of the arbitrator comes into operation, whichever is later; (e) during the pendency of ..... 1984, the industrial court, in fact, declined to go into the question of justifiability holding that the said issue would need to be considered in the reference to adjudication under section 10 of the industrial disputes act .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(4)ALLMR632; 2000(3)BomCR107
..... and dismissing the appeals would affect as res judicata and hence the question of reconsideration of the same point in this petition will amount acting against the decision of the supreme court and also against the decision of the division bench of this court in writ petition no. ..... a help also can be taken for the decision of this point from the provision of section 62(1) of the act of 1951 which is as under:-'62(1): right to vote : no person who is not, and except as expressly provided by this act, every person who is, for the time being entered in the electoral roll of any constituency shall be entitled to vote in that constituency.'37 ..... as the same this court can conveniently presume relying on the above-mentioned provision of section 114(e) of the evidence act that the returning officer who was entrusted with the job of scrutiny of the nomination papers, has conducted himself strictly in accordance with law and only after having been satisfied, accepted the nomination ..... in the written statement, it is specifically averred that prior to the election of 1991 which was a mid-term poll in the year 1984 and also in the year 1989, he was elected as a member of parliament from 39, ahmednagar (south) parliamentary constituency. ..... 1 stood removed from the voters list solely on account of the order of disqualification passed under section 8-a of the act of 1951 and that he must be deemed to have been reinstated in the voters list then in existence forthwith on expiry of the period of .....
Tag this Judgment!Court : Mumbai
Reported in : (1964)66BOMLR1; 1964MhLJ184
..... less than half the area of the land leased to him, or(2) in such a manner as will result in a contravention of the provisions of the bombay prevention of fragmentation and consolidation of holdings act, 1947, or in making any part of the land leased a fragment within the meaning of that act, or....section 88c states that save as provided by sections 33a, 33b and 33c nothing in sections 32 to 32r shall apply to lands leased by any person if such land does not ..... given and an application may be made by a certificated landlord, notwithstanding that in respect of the same tenancy an application of the landlord made in accordance with sub-section (2) of section 31 was pending on the date of the commencement of the amending act of 1960, february 9, 1961, or notwithstanding that such application had been rejected by any authority before this date. ..... an equal area for personal cultivation-the area resumed or the area left with the tenant being a fragment, notwithstanding, and notwithstanding anything contained in section 31 of the bombay prevention of fragmentation and consolidation of holdings act 1947.two different views in regard to this clause have been taken by members of the bombay revenue tribunal. ..... , 33b and 33c were inserted in the act by the bombay tenancy and agricultural lands (amendment) act, 1960, (maharashtra act ix of 1961). ..... 380 and 541 of 1963, is about the interpretation of clause (b) in sub-section (5) of section 33b of the bombay tenancy and agricultural lands act, 1948. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom10; (1969)71BOMLR71; ILR1968Bom1445; 1969MhLJ318
..... (2) of section 18 runs as follows:'the list shall contain -- (a) the name of every person who on the day immediately preceding the appointed clay, continued to be included in the list kept under section 18 of the bombay medical practitioners' act, 1938, as in force in the bombay area of the state and whose name is not entered in the register under sub-section (5) of section 17: (b) the name of every person whose case is not covered by clause (a) but who ..... in the bill that registration of ayurvedic and unani practitioners in the state should be open to (1) all those who possessed the scheduled qualifications, (2) all those who were included in the existing registrations under the acts prevailing in the bombay, vidarbha and marathwada areas, and (3) all those who were practising ayurvedic or unani systems of medicine for over ten years on 23rd november 19130. i. e. ..... 18(2) must be read with section 18 (1), and section 18(1) provides that as soon as may be after the appointed day, the registrar shall prepare and maintain in accordance with the provisions of the act a list of persons who are not entitled to registration, but 'who have been practising any system of medicine (other than the homoeopathic or the biochemic system of medicine)'. ..... it follows that for being qualified for enlistment under section 18(2)(b)(ii), a person must have been practising medicine when the act came into force and must also have been regularly practising medicine in the bombay area of the state on the 4th .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom213; (1969)71BOMLR135; ILR1970Bom121; 1968MhLJ858
..... to reproduce these provisions which are as follows:'11(1) the electoral roll of the maharashtra legislative assembly prepared under the provisions of the representation of the people act, 1950, and for the time being in force on such date as the director maybe general or special order notify in this behalf (being a date not earlier than one month from such notification ) for ..... seems to have been learned assistant judge that the chief officer who was required to do his job of preparing and maintaining a list of voters under s.11 of the maharashtra municipalities act, 1965, did not do it diligently and carefully and this resulted in the omission of the names of the two voters from the list maintained by him. ..... in this case, it seems to have been complained that there is no specific provision either in the bombay village panchayats acts or the rules made thereunder empowering the chief officer to correct the voters list to be maintained and authenticated by him. ..... to make the voters' list complete, we are unable to hold that merely because a person's name is in the electoral roll of the assembly, that by itself would entitle him to claim franchise under the municipal act which is restricted to only those whose names are in the lit of voters prepared by the chief officer. 13. ..... the petitioner, the right to vote at a municipal election is given by the statute, namely, the maharashtra municipalities act, and that right much be found within the frame work of the statutes and nowhere else. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)MhLj658
..... paragraph 38, the division bench has went on to observe that the deletion of the expression or any other law for the time being in force in sub-section (1) by maharashtra act 24 of 1984 has brought about a sea change and makes a world of difference. ..... by maharashtra act 24 of 1984, the words ' or in any other law for the time being in force' occurring in sub-section (1) of section 41 came to be ..... ) as well as mansukhlal dhanraj jain's case (supra) and contends that neither the amendment of 1984 in the act of 1882 nor the enactment of act of 1996 would affect the interpretation expounded by the apex court in respect of section 41 of the act of 1882. ..... is argued that when section 41 of act of 1882 was introduced in 1976 and amended in 1984, at the relevant time, the act of 1996 had not come into force but the law was governed by the provisions of arbitration act, 1940. ..... has happened by the amendment of 1984 is only to remove the inconsistency in section 41 of the act, as the state legislature thought that it was unnecessary to retain the expression 'or any other law for the time being in force' in section 41(1) of the act of 1882. ..... section 41(1) of the act as it stood prior to amendment of 1984, fell for consideration of the apex court in the case of mansukhlal dhanraj jain's case ..... proposal was accepted by the state legislature as a result of which, amendment was effected not only in sub-section (1) but also sub-section (2) of section 41 of the act of 1882 by maharashtra act xxiv of 1984. .....
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