Judgment Search Results Home > Cases Phrase: motor transport workers act 1961 chapter i preliminary Court: mumbai Page 13 of about 330 results (0.195 seconds)

Hindustan Unilever Limited Vs. Member, Industrial Court and ors.

Court : Mumbai

..... making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or (ii) pumping oil, water, sewage or any other substance; or (iii) generating, transforming or transmitting power; or (iv) composing types for printing, printing ..... out in the project in question. it was further found by the apex court that in terms of the definition of the "worker", as contained in section 2(l) of the factories act, the writ petitioners were working for remuneration in a manufacturing process carried out by the project in question, and hence all the ..... in the midst of all these complexities it may be difficult to discover the real thread of unity. in an american decision (donald l. nordling v. ford motor company, (1950) 28 alr 2d 62 272) there is an example of an industrial product consisting of 3800 or 4000 parts, about 900 of which came .....

Binod Rao Vs. Minocher Rustom Masani

Court : Mumbai

Reported in : (1976)78BOMLR125

..... air1959sc694 . in that case the supreme court had to consider the construction to be placed upon section 43a which was inserted in the motor vehicles act, 1939, by the motor vehicles (madras amendment) act, 1948. the said section 43a provided:the state government may issue such orders and directions of a general character as it may consider ..... did in commissioner of police, bombay v. gordhandas bhanji : [1952]1scr135 , and the officer of the ministry of labour and national service did in simms motor units v. minister of labour [1946] all e.r. 201, the exercise of the power would be bad and so also would the exercise of the ..... necessary, in respect of any matter relating to road transport to the state transport authority or a regional transport authority; and such transport authority shall give effect to .....

Siddhivinayak Realties Pvt. Ltd. Vs. V. Hotels Limited and Others

Court : Mumbai

..... to resile from the agreement as was indicated in the oral evidence of mr. g.s. gill, principal secretary, department of transport and excise, government of mahrashtra (para 16) which reads as under:- 16. i say that the standing committee of the maharashtra ..... vacated. it is observed that order of specific performance would be unenforceable unless the petitioners herein were willing to take the workers as their employees. in so far as injunction obtained by nirmal lifestyle is concerned, the arbitral tribunal held that the ..... that the defendant was not entirely vigilant in protecting their rights in the proceedings before the competent authority under the 1976 act, the same by itself would not mean that a decree for specific performance of contract would automatically be granted. while ..... 1973 can only be considered to be totally artificial and irrelevant today. as held by this court in motor general traders v. state of a.p. manu/sc/0293/1983 : (1984) 1 scc 222, a provision which was .....

Bharatiya Kamgar Sena Vs. Otis Elevator Employees Union and Others

Court : Mumbai

..... that behalf, and the work assigned to the malis is the work of looking after the properties which have been allotted to the officers of the appellant. like the transport amenity provided by a factory to its employees, bungalows and gardens are also a kind of amenity supplied by the employer to his officers and the drivers who look ..... work is not directly concerned with the main work or operation of the industry. reverting to the illustration of the buses owned by the factory for the purposes of transporting its workmen if the bus drivers can legitimately be held to assist an operation incidental to the main work of the industry, we do not see why a mali ..... " that must be considered. it is upon a combined operation of these definitions that the supreme court came to the conclusion that the provisions of the factories act are intended to benefit only workers employed in a factory i.e. on the precincts or premises of a factory. it is also not possible to apply the definition under the factories .....

D.P. Kelkar Vs. Ambadas Keshav Bajaj and ors.

Court : Mumbai

Reported in : AIR1971Bom124; (1971)73BOMLR260; [1971(22)FLR268]; ILR1971Bom910; 1971LabIC429; 1971MhLJ69

..... to pass any orders with reference to the alleged bonus claimed. secondly it was urged that the adjudication of the claim of the workers to the payments under the bonus act would involve or give rise to difficult and complicated questions of law which the payment of wages authority should not ordinarily undertake to decide ..... or alternatively was not competent to decide and therefore ought to have directed the workers to pursue their ordinary remedy under law. thirdly that in any case section 22 of the bonus act itself excludes the jurisdiction of the payment of wages authority because it has created a special forum before ..... the particular employer who had been proceeded against that he was not the employer under the act, because he was merely a transferee of the business and the worker was not working under that particular employer. under the industrial disputes act also a forum was indicated in section 33-c namely the labour court where industrial .....

Johnson Matthey Chemicals India Pvt. Ltd. Vs. The State of Maharashtra ...

Court : Mumbai

..... exercising powers and discharging functions under the maharashtra value added tax act, 2002 (for short the mvat act ). 4. the petitioner holds a registration number as set out in para 4 of the petition. it is claimed that the petitioner is manufacturer and job worker, engaged in the manufacture of different grades of support catalyst, ..... properly appreciating the rival contentions, at the cost of repetition, we must notice the essential facts. the petitioner does not dispute that it is manufacturer and job worker both. it is engaged in the business of converting spent catalyst into support catalyst through processing. after describing the role of the catalyst, it is the ..... from these states to maharashtra for job work etc. similarly, if a maharashtra based dealer sends any goods to another state for job work, then, the job worker in that state may require the maharashtra dealer to issue a declaration in form 'f' while returning the goods to maharashtra. the revenue, namely, the departments .....

Maharashtra Chamber of Housing Industry and Others Vs. State of Mahara ...

Court : Mumbai

..... different effect. (see: state of bombay v/s united motors (india) limited air 1953 sc 252). therefore, it is not safe to hold that section 3 of the repeal act saves only limited rights or consequences. 37. taking us through section 4 of the repeal act and particularly its proviso the learned advocate general submitted that ..... equally, the conditions imposed are inextricably linked to the said exemption order. the public interest is paramount in imposing such conditions and equally the preamble of the principal act acts as a guide in passing the orders of exemption under clauses (a) and (b) of subsection (1) of section 20. in such circumstances and when the ..... should be regulated in the state of maharashtra by parliament by law : and whereas, the parliament had thereafter enacted the urban land (ceiling and regulation) act, 1976 (central act no. 33 of 1976); and whereas, consequnt upon the resolutions passed by the houses of the legislatures of the states of haryana and punjab, under article .....

Jayshree Ramakant Khadilkar Pande Vs. Municipal Corporation of Greater ...

Court : Mumbai

..... respondents were already on the approved list of the bank. to remove them from the list amounts to blacklisting. the wholesale ban to deal with the kalpaka transport company amounted to blacklisting of the said company. it affected the reputation of the respondents and also their business, and such a decision by the state bank ..... it is further brought to our notice that respondent no.3 has on its direct payroll over 4,500 employees and there are equal number of contract workers and subcontract workers. all these employees are skilled, semi skilled and non skilled employees and they are all fully dependent upon respondent no.3 company. 34. learned senior ..... to the appellant-bank to give a reasonable hearing to the respondents before delisting them from the approved list of transport operators . 44. learned senior counsel invited our attention to section 69(c) of the mumbai municipal corporation act which read thus: 69. with respect to the making of contracts under or for any purpose of this .....

M/s. Amritlakshmi Machine Works and Another Vs. The Commissioner of Cu ...

Court : Mumbai

..... to do what it commands (see p. ramanatha aiyar's advanced law lexicon, 3rd edn, 2005 page 3302). this court in depot manager, andhra pradesh state road transport corporation vs. mohd. yousuf miya [(1997) 2 scc 699] stated that the word 'offence' generally implies infringement of a public duty, as distinguished from mere private ..... to do what it commands (see p. ramanatha aiyar's advanced law lexicon, 3rd edn, 2005 page 3302). this court in depot manager, andhra pradesh state road transport corporation vs. mohd. yousuf miya [(1997) 2 scc 699] stated that the word 'offence' generally implies infringement of a public duty, as distinguished from mere private ..... of the factory. the supreme court in this context made the following observations: 40. in keeping with the aim and object of the act which is essentially to safeguard the interests of workers, stop their exploitation, and take care of their safety, hygiene and welfare at their place of work, numerous restrictions have been enacted in .....

Abbott India Ltd and ors Vs. All India Abbott Employees Union and ors.

Court : Mumbai

..... located at mumbai. the main grievances has been put forth by the union in general in respect of violation of service conditions including applicability to the workers working at mumbai is considered then without giving an opportunity to prove their claim it cannot be parted away on the point of jurisdiction. in ..... of maharashtra and in the definitions while defining the term "concern", "industry", "undertaking" and thereafter clarifying the definitions itself in section 3(18), that the act becomes operational. it has very clearly set out chapter-wise, the aspects that have been covered, namely, recognition of unions and obligations and rights of recognised ..... functioning in the establishment of the of the 1st petitioner since 1966. it is a recognised union under the code of discipline under the industrial disputes act, 1947. it has signed several settlements, concerning wage scale and service conditions of sales promotion employees. the 1st petitioner- company is engaged in manufacturing .....