Court : Supreme Court of India
Reported in : AIR1968SC503; [1968(16)FLR302]; (1968)ILLJ566SC; [1968]1SCR300
..... company has declared before us that it is quite prepared, if it was not already doing so, to apply and observe the provisions of the motor transport workers act in respect of its employees proper where such provisions can be made applicable. in view of this declaration we see no reason to interfere, because ..... a model agreement has been protected in the case in which the parties, after reaching that there were difficulties in operating motor transport vehicles because of the passing of the motor transport workers act, stated that the agreement was being entered into for the operation of the trucks it is not necessary either to sent ..... company was necessary (so the company admits) because of the passing of the motor transport workers act, 1961, on may 20, 1961. this act was passed to provide for the welfare of motor transport workers and to regulate the conditions of their work. it applies to motor transport undertakings, by which is meant, among other things, undertakings engaged in carrying .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1970(0)BLJR828; 1970CriLJ1656; (1970)IILLJ40SC; 1970MPLJ191(SC); (1969)2SCC582; [1970]1SCR915
s.m. sikri, j.1. this appeal by special leave arises out of the following facts. inspector ahuja inspected the municipal council, raipur, under the motor transport workers act, 1961-hereinafter referred to as the act-and found that 50 transport workers, including drivers, conductors, mechanics, etc., had been employed by the council but the council had not been registered as required under section 3(1) of the ..... imposed upon it and, therefore, a municipal council cannot be called an undertaking.8. we are unable to accept this contention. first, the act provides for the welfare of motor transport workers and regulates the conditions of their work. such beneficial acts are not, as a rule, construed strictly. secondly, the words of the definition are plain and not susceptible of any reasonable limitation. it .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IXAD(SC)582; AIR1997SC699; (1997)3GLR2306; (1997)IILLJ724SC; 1996(9)SCALE42; (1996)6SCC756; [1996]Supp9SCR726; 1997(1)LC243(SC)
..... connected with or incidental to any mining operation is being carried on.(v) section 21 of motor transport workers act, 1961:no child shall be required or allowed to work in any capacity in any motor transport undertaking.(vi) section 3 of apprentices act, 1961:qualifications for being engaged as an apprentice : a person shall not be qualified ..... page xxii to xxiv of the book. it is useful to extract that chart. it is as below:industry location total child percentage of workers workers child workers to total workers slate mandsaur, 12,000 1,000 8.3 pencil madhya pradesh state markapur 15,000 app. 3750 25 andhra pradesh diamond surat, cutting gujarat ..... in relation to apprenticeship training in different designated trades and for different categories of apprentices.(vii) section 24 of beedi and cigar workers (conditions of employment act, 1966:prohibition of employment of children-no child shall be required or allowed to work in any industrial premises.(vii) child labour (prohibition .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3766; 2005(3)ARBLR1(SC); 2005(4)AWC3851(SC); [2005]127CompCas97(SC); 2005(4)CTC297; JT2005(7)SC426; (2005)4MLJ84(SC); (2005)7SCC234; 2005(2)LC1277(SC)
..... to arbitration, the judicial authority should be satisfied that the arbitration agreement is not null and void, inoperative or incapable of being performed. in brace transport corporation of monrovia, bermuda v. orient middle east lines ltd., saudi arabia and ors. : air1994sc1715 this court held :'the court of a contracting ..... electric co. : [1985]1scr432 ('renusagar'), which no doubt appear to suggest in the context of section 3 of the foreign awards act, 1961 ('foreign awards act') and the arbitration act, 1940, that the court must be fully satisfied that the arbitration agreement exists before granting stay of the proceedings. following these observations, ..... proceedings at the initial stage but also correspondingly increase costs and uncertainty for all the parties concerned. finally, having regard to the structure of the act consequences arising from particular interpretations, judgments in other jurisdictions, as well as the opinion of learned authors on the subject, see, for example, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2008)218CTR(SC)433; [2008]305ITR1(SC); JT2008(10)SC17; 2008(11)SCALE540; (2008)9SCC434; 2008AIRSCW6285; 2008(6)Supreme520; 2008(11)SCALE540
..... connected with providing amenities to the inhabitants of the locality, like health and education services, water and sewerage, town planning and development, roads, markets, transportation, social welfare services etc. etc. broadly we may say that they may be entrusted with the performance of civic duties and functions which would otherwise be ..... is : whether agricultural market committee ('amc', for short) is a 'local authority' under the explanation to section 10(20) of the income-tax act, 1961 ('1961 act', for short).3. for the sake of convenience we refer to the facts mentioned in civil appeal no. 8180 of 2008 (arising out of s. ..... counsel appearing for the department, has adopted the arguments of the learned addl. solicitor general. learned counsel submitted that earlier in 1897 when general clauses act stood enacted there were district boards and municipal committees in certain areas. those district boards, according to learned counsel, were different from the municipalities. learned .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC531; 1975LabIC358; (1975)4SCC838; [1974]1SCR98
..... dismissed three of its workmen between the 15th december, 1959 and 6th january, 1960 and it also retrenched another employee on the 7th february 1960. the district motor transport workers' union appears to have raised a dispute with the management on the 17th november, 1960 and demanded the reinstatement of the dismissed workmen as well as the payment ..... namely, that the dispute that has been referred by the state government for adjudication is not an industrial dispute under section 2(k) of the industrial disputes act inasmuch as the cause of the workman had not been espoused by a substantial body of the workmen of the company. the labour court accepted the plea of ..... division bench is erroneous. in support of his contention, the learned counsel referred to us the decision of this court in workmen of rohtak general transport company v. rohtak general transport company [1962] 1 llj 634. he pointed out that the facts in that case show that though only five out of twenty-two workmen espoused .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC605A
..... injustice done to the muslim community by demolition of the mosque on 6th december, 1992 and, therefore, it amounts to an anti-secular or discriminatory act rendering the provision unconstitutional. for this purpose it is necessary to recall the situation as it existed on 7th january, 1993 along with the significant ..... visibility are apparent from fundamental rights and directive principles and their related provisions. it was made explicit by amending the preamble of the constitution 42nd amendment act. the concept of secularism of which religious freedom is the foremost appears to visualise not only of the subject of god but also an understanding between ..... 1994 as under:-government stands by the policy of secularism and of even-handed treatment of all religious communities. the acquisition of certain area at ayodhya act, 1993, as well as the presidential reference, have the objective of maintaining public order and promoting communal harmony and the spirit of common brotherhood amongst .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIIAD(SC)490; AIR1997SC412; JT1996(8)SC356; 1996(7)SCALE31; (1997)1SCC650; [1996]Supp6SCR172
..... and any grant of permit or renewal should only be consistent with the provisions of the act. otherwise, the repealed act continues to remain in operation, in spite of its express repeal by section 217(1) of the act. the ratio of this court in secretary, quillon district motor transport worker's cooperative society ltd.'s case (for short, 'quillon's case) would be applicable to ..... . in support thereof, he placed strong reliance on gurcharan singh baldev singh v. yashwant singh and ors. : air1992sc180 . he further contended that this court in secretary quillon distt. motor transport workers' cooperative society ltd. v. regional transport authority and ors. : air1995sc82 did not intend to lay down that after the act came into force, all the holders of stage carriage permits granted under the repealed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC1125; 1997(1)BLJR735; (1997)1CALLT55(SC); 83(1997)CLT815(SC); 1997(92)ELT318(SC); [1997]228ITR725(SC); JT1997(3)SC589; 1997(1)MPLJ621; 1997(I)OLR(SC)408; 1997(3)SC
..... the tribunal along constitutionally-sound principles. pursuant to an undertaking given to this court at the interim stage by the erstwhile attorney general, an amending act (act 19 of 1986) was enacted to bring about the changes prescribed in the aforesaid interim order. 9. when sampath kumar's case was finally ..... original jurisdiction in respect of testamentary, matrimonial and guardianship matters. original jurisdiction is conferred on the high courts under the representation of the people act, 1951, companies act, 1956, and several other special statutes. the high courts, being courts of record, have the power to punish for its contempt as well ..... tradition and environment overnight. consequently, the alternative mechanisms would not, in the absence of an atmosphere conducive to the building of traditions, be able to act as effective alternatives to high courts for the exercise of constitutional jurisdiction. in pratibha bonnerjea v. union of india : air1996sc693 , this court has analysed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC605; JT1994(6)SC632; (1994)6SCC360; [1994]Supp5SCR1
..... appropriate to discuss the other challenges to their validity and maintainability, respectively. it may , however, be said that we found the argument that the act was public order legislation and, therefore, beyond the competence of parliament very plausible.161. we are indebted to the learned attorney general for the assistance that ..... are apparent from fundamental rights and directive principles and their related provisions. it was made explicit by amending the preamble of the constitution 42nd amendment act. the concept of secularism of which religious freedom is the foremost appears to visualise not only of the subject of god but also an understanding between ..... as under:government stands by the policy of secularism and of even-handed treatment of all religious communities. the acquisition of certain area at ayodhya act, 1993, as well as the presidential reference, have the objective of maintaining public order and promoting communal harmony and the spirit of common brotherhood amongst .....
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