Court : Mumbai
Reported in : 1993(3)BomCR387; (1993)IILLJ568Bom
..... service rendered in the past, but pension also has a broader significance in that it is a measure of socio-economic justice which inheres economic security in the fall of life when physical and mental prowess is ebbing corresponding to aging process and therefore, one is required to fall back on savings ..... old age, disability, or death (usually from service causes), (ii) as old age retirement or disability benefits for civilian employees, and (iii) as social security payments for the aged, disabled, or deceased citizens made in accordance with the rules governing social service programmes of the country. pensions under the first head are ..... the provision of this section precluding reference to other adjudicatory authorities when an industrial dispute has been referred to the national industrial tribunal. 40. the provisions of section 10 of the industrial disputes act which vests power of reference of an industrial dispute to adjudication, also need notice. power of the appropriate government .....
Tag this Judgment!Court : Mumbai
Reported in : (1986)IILLJ31Bom
..... application for mandamus will not lie for an order of reinstatement to an office which is essentially of a private character nor can such an application be maintained to secure performance of obligations owned by a company towards its workmen or to resolve any private dispute. (see sohan lal v. union of india, (supra). in ..... industrial disputes arose in respect of the employees of the company in regard to the payment of customary ex-gratia and other matter. the employees could not secure favourable response from the company and thereupon observed one day protest strike. that resulted into strained relations between the employer and the employees.on 10th december, 1984 ..... corporation employees' union v. national seeds corporation, in reported : (1973)illj254del where a writ of mandamus was sought for non-compliance of s. 9a of the industrial disputes act. the division bench declined to grant relief holding that there is no statutory obligation on a private employer like a company to follow .....
Tag this Judgment!Court : Mumbai
Reported in : [1993]201ITR348(Bom)
..... the public accounts committee pointed out certain lapses in the matter of avoidance, underassessment and short levy of tax in lottery business resulting in substantial loss to the national exchequer and the said report reveals that the public accounts committee viewed thus : '6. the committee have found that in three cases in madhya pradesh, prizes ..... government is to retain whatever exceeds rs. 5,000 and the company to retain whatever below rs. 5,000. clause 18 speaks of deposit by way of security and that is for the performance under the agreement. therefore, each and every clause is a clear indication against sale. clause 17 which assures guaranteed profit to ..... and conduct lotteries. he thereafter contends that, on a true interpretation of this agreement, section 226(3) of the income-tax act has no application; that under clause 10 of the agreement, a security for the purpose of distribution is required to the deposited by the petitioner-company and when the prize is not won on the .....
Tag this Judgment!Court : Mumbai
Reported in : [1979]49CompCas686(Bom)
..... just society, interdicting concentration of economic power to the detriment of the community, has mandated the state to direct its policy towards securing that end. monopolistic hold on the nation's economy takes many forms and to checkmate these maneuvers, the administration has to be astute enough. pursuant to this policy and need ..... to investigation into restrictive trade practices by the commission. sub-section (4) of that section is in the following words : 'notwithstanding anything contained in this act, if the commission, during the cause of an inquiry under sub-section (1), finds that a monopolistic undertaking is indulging in restrictive trade practices, it may ..... of goods to consumers, or to bring about deterioration in the quality of goods. the two trade practices, restrictive or monopolistic, receive separate treatment under the act. 26. by s. 5, the central government, for the purposes of the mrtp act, has established a commission known as the monopolies and restrictive trade .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(2)ALLMR352; 2000(4)BomCR547
..... namely ravi soren had demanded reinstatement on the next day of the termination of service. with respect, we fully agree to the proposition of law as laid down in national asphalt production construction co. case, 1977 lab.l.c. 1300 (supra).'thereafter in paragraph 24, the calcutta high court rejected the submission that there is a vast ..... of this court in s, a. sarang's case (supra). in this case srikrishna, j., has held that the mere description of the petitioner as a 'security supervisor' would not per se convert him into a supervisory officer so as to fall within the exclusory provision contained in clause (iv) of section 2(s) of the ..... for adjudication; now, therefore, in exercise of the powers conferred by clause (d) of subsection (1) and sub-section (2a) of section 10 of the industrial disputes act, 1947 (14 of 1947) the central government hereby refers the said dispute for adjudication to the central government industrial tribunal, ii, mumbai. the said tribunal shall give its award .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(4)BomCR209; (1996)98BOMLR159
..... logic recorded by the tribunal.33. the tribunal further relied upon the letter dated 26th october, 1975 (annexure 'l') written by the divisional forest officer, borivli national park to the sub-divisional officer wherein he has opined that in the lower part of the area in question which is situated close to the highway and ..... huts, the attitude of the government is against principles of natural justice;vi) in his report dated 26th october, 1975 (annexure'l') the divisional forest officer, borivli national park, has opined that it would not be possible to raise any forest plantation on the portion of the land in dispute;vii) the study report (annexure 'm ..... september, 1973 passed by the special land acquisition officer under section 48(2) of the land acquisition act. the tribunal observed that the land bearing survey no. 345-a was not found suitable and convenient for the purpose of national park for which it was notified for acquisition and, therefore, it was denotified from the acquisition; .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(4)BomCR115
..... excluded-merely because their parents are in the race, have subsequently shown either disinterest in education or their progress is slower in higher classes. the national policy on education of government of india which has envisaged the starting point of education after the completion of 5 years and which has been incorporated ..... of new schools. various regulatory provisions were made in the code. with a view to ameliorate service conditions of the teachers, for the first time, security for jobs was provided against dismissal, retrenchment and in matters of payment of salaries to the teachers. with a view to lighten the financial burden upon ..... to accord recognition to any school upon an application made. predicates are mentioned, the fulfilment of which makes the prescribed authority to grant recognition under the act. section 7 contemplates aid to only schools which are recognized. section 11 speaks of terms and conditions of service of employees of recognized private schools whereby .....
Tag this Judgment!Court : Mumbai
Reported in : [1983]54CompCas469(Bom)
..... were made known to them. in the context of notice the court approved the observations of a division bench of the calcutta high court in shalagram jhajharia v. national company ltd. [1965] 35 comp cas 706thus :'as the legislature has thought it fit to provide that shareholders must approve of the appointment of selling agents ..... chemical co. ltd., r. v. ramani, managing director of mettur chemicals and industrial corporation ltd., and s.c.l. jain, managing director of m/s. punjab national fertilisers and chemicals ltd. they had been told by gokuldas that he had not signed the circular. they were awaiting replies from the other two gentlemen. the circular recommended ..... appears that on may 7, 1979, the permission of the competent authority under the provision of the urban land (ceiling & regulation) act, 1976, was obtained to mortgage the company's lands to create a security for the debentures.58. on may 18, 1979, icici wrote to the company enclosing a draft of the resolutions required to be .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)BomCR594
..... the statement of objects and reasons appended to the bill which was adopted as the constitution (fifty-second amendment) act, 1985 which reads thus : 'the evil of political defections has been a matter of national concern. if it is not combated, it is likely to undermine the very foundations of our democracy and the ..... is fundamental to the application of xth schedule. the word 'split' presupposes a break from the original political party. it is further urged that a national political party has a vertical hierarchy, commencing from the lowest constituted level within the organization right upto the highest policy making body within the organization and if ..... which is signed by all the ten petitioners) it is clear that the petitioners have given up the membership of their original political party viz., the indian national congress by having formed another political party viz., goa rajiv congress party. in such eventuality, the petitioners would be protected under paragraph 3 of the tenth .....
Tag this Judgment!Court : Mumbai
Reported in : [1992]75CompCas583(Bom)
..... 'industrial undertaking' was to be interpreted in industrial law. mr. zaiwala relied on the judgment of our high court in the case of national union of commercial employees v. m. r. meher, air 1960 bom 22, and the judgments of the supreme court in s.g ..... that the financial institutions or the bank are guilty of mala fides or fraud even if indirectly their interests also are safe-guarded in the sense that out of the sale proceeds of the vessel some of the liabilities of the company are likely to ..... an important step towards implementation of the impugned transaction. in my judgment, in view of the subsequent conduct of the petitioners in acting upon the said transaction by entering into the agreement dated 2nd march, 1991, and by asking the indian bank to advance further ..... , a dispute arose between the official liquidator of the company under liquidation and a secured creditor who was the mortgagee in respect of practically all the assets of the company and the question arose as to whether .....
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