Court : Mumbai
Reported in : 2002(1)BomCR419
..... regulation 47 and could be continued under the corresponding provisions of the 1997 regulations. in shivananda v. karnataka state road transport corpn. : (1980)illj77sc , the ordinance which was replaced by an act provided for absorption of certain categories of employees of contract carriage operators in the service of the corporation. the ordinance was ..... co. ltd. : air1944all66 , wherein the submission that relief of specific performance could be granted only in relation to contracts under the specific relief act and the act did not provide the remedy for the breach of statutory obligation where the statute itself had failed or missed to provide the remedy, was repelled, and ..... securities market, and for matters connected therewith or incidental thereto. the powers and functions of the board have been enumerated in section 11 of the act. the act casts a duty on the board to protect the interests of investors in securities and to promote the development of, and to regulate, the securities .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1962Bom287; (1961)63BOMLR994; ILR1961Bom994
..... upon the decision of this court in the case of shri amarsinhji mills ltd. v. nagrashana, : (1961)illj581bom . in that case the workers claiming similar relief had made an application under the section and the court held that the labour court would have jurisdiction under s. 33-c(2) of ..... salivateswaran, : (1958)illj527sc indirectly supports this conclusion. the court in that case was concerned with s. 17 of the working journalists (conditions of service and miscellaneous provisions) act (1955), which was similar to s. 33-c sub-section (1). while dealing with that section, mr. justice gajendragadkar observed that :' the condition precedent for the ..... law. that section contemplated a distinct industrial dispute arising out of non-compliance with the provisions of that chapter. this provision was by the amending act deleted and this new procedure adopted presumably because that procedure was a cumbersome one and may have been instrumental in prolonging matters unnecessarily. instead of that .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR663; (2008)110BOMLR1730
..... of india as well as to encourage private participation for the greenfield airports in the country. since the airports authority of india act, 1994 is applicable to all airports whereat air transport services are operated or are intended to be operated, significant private sector investments in such project require an effective legal framework ..... of the public, and has always been so, historically and traditionally. that it is an important public function is recognized by the essential services maintenance act, 1981. the act of 1994, even as amended in 2003, particularly, sections 12, 12-a, 22-a and chapter v-a leave no manner of doubt that ..... within which the investors would feel safe and secure about their operational and managerial independence. to achieve these purposes, the bill proposes to amend the various provisions of the said act. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(2)BomCR425; (2002)2BOMLR598; (2002)IIILLJ9Bom
..... complaint, a notice was issued by respondentno.1 informing the workers that from 21.6.1999second shift operation in all departments exceptsecurity and transport were temporarily suspendedand that the workers should not report for workuntil further notices. respondent no.1 wasrestrained from acting upon this notice by theindustrial court upon complaint (ulp) no ..... alternate remedy successfullysince a reference is made to the tribunal on11.1.2002 whatever orders that may be required forprotection of the interests of the workers can beobtained from the tribunal instead of rushing tothis court under its writ jurisdiction. he furthersubmits that a reference having been made on11.1 ..... compensation as directed by the labourcommissioner though some of the workmen have beenpaid under the vrs as it was more beneficial. hesubmits that about 161 workers have been paid alllegal dues. 38 of these workmen have encashed thecheques issued to them. out of these 38 workmen, 36workmen have accepted amounts .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(3)ALLMR433; 2000(3)BomCR658a; [2000(86)FLR583]; (2000)IILLJ1246Bom
..... gita r.c.). in the last para of the letter, it is stated as under :---'in view of your continued and irregular absenteeism pattern, i am taking away transport register from you (the only independent responsibility given to encourage you) and henceforth norman hayde will be in charge of all transfers.'from this letter of the manager of ..... their work. he was receiving tourists with the purpose of lodging them in the hotels where they were booked and it is in that context that the other workers were assisting him. in respect of signing vouchers, by the petitioner the witness in his cross-examination has clarified that this was during the period when the ..... as under :---'the company states and submits that the employee does not fall within the meaning of 'workman' as contemplated under section 2(s) of the industrial disputes act, 1947 in as much as his duties were primarily and substantially of a managerial/administrative nature. this honorable court may, therefore, be pleased to take up the .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)BomCR93
..... service, the supreme court considered the question of law and held that the subject corporation had created divisions/zones with regard to its area of operation under motor vehicles act. the employee was working in baripada zone while pending dispute relates to employees in bhadrak zone. therefore, relying upon the test of functional integrality and independent ..... of the supreme court to support this contention. mr. cama has invited my attention to the judgement of the supreme court reported in : (1997)iillj382sc (district transport manager (admn) o.s.r.t.c., orissa v. dilip kumar nayak and anr.). there supreme court was concerned with a case of a conductor in the ..... her further criticism of the view taken by the learned single judge and division bench is that they were impressed by the fact that the association of chemical workers did not represent medical and sales representatives. she submits that when the demands were raised and when the reference was made, the association was very much .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)MhLj341
..... these dealings; (ii) the dates on which diverse quantities of cbfs came to be loaded on tankers belonging to the aforesaid transporter together with the quantities which were despatched from within the premises of the petitioner; (iii) the amounts which were received as ..... police due to threat and coercion. the tribunal has held that there is no reason why the explanation furnished by the worker in respect of this statement should not be accepted. insofar as the driver and cleaner of the truck who had made ..... as the incident which took place on 10th march, 1986 was concerned, the first respondent stated that on that date three motor tankers of m/s. rajesh roadlines were loaded with an excess quantity of cbfs in which respectively an amount of 7. ..... dated 21st november, 1996 and 22nd july 1997 in a reference to adjudication under section 10 of the industrial disputes act, 1947 ('the act'). by an earlier award, the part-i award dated 11th september 1996, the tribunal has come to the conclusion .....
Tag this Judgment!Court : Mumbai
Reported in : I(1998)ACC133; 1997ACJ906; 1998(2)BomCR420; (1998)IIILLJ1087Bom; 1997(1)MhLj834
..... no. m.t.g. 7288, near village saled, tahsil deoli, district wardha, on 3-7-1985. the appellants/claimants instituted proceedings under section 92(a) of the motor vehicles act, 1939 and claimed compensation under no fault liability of rs. 15,000/-. it is stated that none appeared on behalf of the respondents in the proceedings under section 92 ..... the insured or the deceased received injuries or died during the course of employment. it is well settled principle of law that if there is an insurance of the workers or vehicles of the employers, the insured being identified by the employer, the insurance company is liable to pay the compensation. however, the enquiry is not contemplated ..... testing, or (c) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle, or (d) without side-car being attached where the vehicle is a motor-cycle; or (ii) a condition excluding driving by a named person or persons or by any person who is not duly licensed .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)ALLMR606; 2006(4)BomCR392
..... leaflet on the polling day, for which, a legal action be taken against atul kalsekar. there is no mention even in this complaint that the act of atul kalsekar or that of any other worker of bjp stated to be offending, was with the consent of the respondent no. 1 or his election agent. nor even remote mention is made ..... the threats meted out and who were forced to return without casting their vote, by the men of the respondent no. 1. by these acts of respondent no. 1 either himself through his agents, workers has indulged in coercing intimidating or threatening directly or indirectly the voters and has prevented them from going to the polling station to cast their ..... to make out a case of corrupt practice should specifically provide for the date, time, place, the names of the workers said to have been employed by the candidate or his election agent who committed the offending act to form the basis to disclose the cause of action. in paragraph 22 of this decision, the apex court has observed .....
Tag this Judgment!Court : Mumbai
Reported in : (1962)IILLJ687Bom
..... objection was raised on behalf of the petitioner. the contention made was that an individual dispute remains an individual dispute till it is espoused by substantial workers of the class two which the aggrieved employee belonged. the representations did not relate to industrial disputes and the respondent 1 therefore should not proceed. 10 ..... objection raised was that an 'individual dispute' had been raised by each of the demands and representations, that the individual dispute was not espoused by substantial workers of the class to which each of the respondents belonged and that accordingly no industrial dispute had arisen. the result as that the conciliation officer had no ..... petitioners organized as trade union must prejudice the interests of the workers. the workers may be in need of such organizers. it is also obvious that the question as to whether, having regard to the provisions of s. 73 of the employees' state insurance act, 1958, the certificate of a panel doctor under the employees .....
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