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Gullam Nabi Gullam Shabir Shaikh Vs. State of Maharashtra

Court : Mumbai

Reported in : 1988(1)BomCR102; 1988MhLJ108

..... to the extent material, reads as follows:-'where a person has been detained in pursuance of an order of detention (whether made before or after the commencement of the national security (second amendment) act, 1984) under section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly :---(a) such order shall not be deemed to be invalid or ..... (b) the government or officer making the order of detention shall be deemed to have made the order of detention under the said section after being satisfied as provided in that section with reference to the remaining ..... 226 of the constitution to assail an order of detention made by the commissioner of police, greater bombay, on 9th october, 1986 under the national security act, 1980 (nsa).2. ..... consideration the proposal of the sponsoring authority, the commissioner of police, greater bombay, on 9 october, 1986 purporting to act under section 3(2) of the nsa, passed the order of detention assailed in this petition.3. mr. ..... refers us to the crime reports/remand applications dated 10 july, 1987 and 29 june, 1986 ..... the events of 5 august, 1985 were stale and could not have been taken into consideration for founding an order of detention on 9th october, 1986, that would not void the order as a whole. ..... next, this gang surfaced on 26 june, 1986 and this time they struck at the shop doing business in the name and style of kamal jewellers at maharashtra nagar, .....

Justice H.R. Sodhi Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1993)44ITD32(Chd.)

..... section 9-a of the national security act, 1980 is on the following lines: (1) the central government and each state government shall, whenever necessary, constitute one or more advisory boards for the purposes of this act ..... the assessing officer was also invited to article 22 of the constitution of india, section 9 of the national security act, 1980 and other relevant provisions of the high court judges (conditions of service) act, 1954. ..... sub-clause 4(a) relating to the appointment of the advisory board under the national security act is as under: (4) no law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless-- (a) an advisory board consisting of persons who are, or have been, or are qualified to be appointed as, ..... this case is a retired judge of the punjab and haryana high court but during the assessment year under consideration was functioning as the chairman of the advisory board constituted under the national security act for the state of punjab. ..... authority after referring to the relevant provisions of the respective acts, agreed with the view taken by the assessing officer.5. ..... eight thousands only) per mensem minus pension (including commuted value of pension and pension equivalent of gratuity, if any) with effect from the 1st april, 1986 as admissible to a sitting judge of the punjab and haryana high court from time to time.... ..... notification was modified subsequently on 4-7-1986, 2-7-1987 and again on 27-1- ..... 1986 .....

14 Penn Plaza Llc Vs. Pyett

Court : US Supreme Court

..... union s consent, 14 penn plaza engaged spartan security, a unionized security services contractor and affiliate of temco, to provide licensed security guards to staff the lobby and entrances of its ..... discrimination against any present or future employee by reason of race, creed, color, age, disability, national origin, sex, union membership, or any other characteristic protected by law, including, but not limited to, claims made pursuant to title vii of the civil rights act, the americans with disabilities act, the age discrimination in employment act, the new york state human rights law, the new york city human rights code, or any ..... union is subject to liability under the nlra if it illegally discriminates against older workers in either the formation or governance of the collective-bargaining agreement, such as by deciding not to pursue a grievance on behalf of one of its ..... of the faa, which authorizes an interlocutory appeal of an order refusing a stay of any action under section 3 of this title or denying a petition under section 4 of this title to order arbitration to proceed. 9 u. s. c. 16(a)(1)(a) (b). ..... it owns and operates the new york city office building where, prior to august 2003, respondents worked as night ..... -denver , the arbitration provision under review in barrentine did not expressly reference the statutory claim at issue. ..... and, contrary to justice stevens accusation, it is the court s fidelity to the adea s text not an alleged preference for arbitration that .....

Brig. V.Jaikumar Vs. Uoi and ors.

Court : Delhi

..... national security guards (nsg) was set up in the year 1984 and is a ..... period of deputation of above officer in the nsg shall be for a period of three years from the date of assumption of charge of the post or until his retirement or superannuation from army service, whichever is earlier or till further orders and the officer will be governed in terms of mhas letter no.3/1(i)/(ii)/84-nsg dated 28.05.1985 as amended from time to time.while on deputation with the nsg, the officer shall be governed in accordance with the provisions contained in nsg act 1986 and the rules made ..... plea of the petitioner that a proper procedure was not followed to process the file in which decision was taken to curtail the deputation of the petitioner, with reference to annexure r-5, it has been highlighted that the decision was taken by the director general nsg. ..... the contributions made by the petitioner while on deputation to nsg, it is stated that of the 54 equipments sanctioned by the government of india, only 20 equipments were in the preliminary stages of procurement. ..... anvil of the legal jurisprudence as above extracted, we find no mala-fide on that part any officer in taking a decision to pre-maturely repatriate the petitioner to his parent department. ..... we eschew reference to the repeated visits made by the petitioner to the 4 major capital cities in the south, being hyderabad, bangalore, chennai and trivendrum for the reason we have no material wherefrom we can gather that ..... to be referred to reporter .....

Ullas Sahu and Etc. Vs. District Magistrate and ors.

Court : Orissa

Reported in : 1988CriLJ32

..... be prepared, signed and served simultaneously : otherwise the detention would be void.the recent amendment of the act by act 60 of 1984 inserting section 5a also weakens this submission by making the following provision:(b)'the government or officer making the order of detention shall be deemed to have made the order of detention under the said section after being satisfied as provided in that section with reference to the remaining ground or grounds.it is, therefore, not possible to accept the contention of shri pasayat that ..... are in the nature of habeas corpus arise out of the same incident leading to the passing of the impugned orders of detention (annexure-1 to each of the writ applications) by the district magistrate, cuttack, under section 3(2) of the national security act, 1980 (for short 'the act').2. ..... union of india : 1975crilj1648 , a case under the maintenance of internal security act where the provisions for detention are almost identical with the provisions of the national security act.in this case, the relevant observation which is sought to be relied upon reads thus:.furthermore, since the order is based on grounds to be served on the detenu, the order of detention can be passed only if the grounds ..... pasayat was that under sub-section (5) of section 3 of the act, the state government should have 'reported the fact within seven days to the central government together with the grounds on which the order ..... ramchandran) and 1986 (1) crimes 124 : 1986 all lj 1172 (guru .....

Gajaji Gopalji Jadeja Vs. State of Gujarat

Court : Gujarat

Reported in : (2005)2GLR1142

..... have been appointed under the bombay home guards act, 1947 and the bombay home guards rules, 1953, who numbered about 45,000 as determined by the state government are different from the border wing home guards though formed under the same act.7.4 the learned counsel relied upon the provisions of the scheme and also appendix to the said letter which provides organisational set-up, strength of a section, uniforms, office furnitures and equipment, training grants/training ..... there is no such area requirement for recruitment of ordinary home guards under the bombay home guards act, 1947 and the rules framed thereunder.26.1 the petitioners are concerned with national security as they are a paramilitary force whereas the ordinary home guards are concerned with law and order. ..... .8l it was further submitted that neither the designation nor the actual nature of duty being performed by the petitioners belonging to the 2nd battalion of border wing home guards of various designations referred to above are comparable with those belonging to full-time (regular) members of border wing home guards by any stretch of imagination.10.8m it was further submitted that in order to claim a relief of parity on the basis of the alleged equality, it is for claimants (the petitioners) to prove and ..... it is hardly for a few days during the period from 1986 to 1992 that some of the petitioners were posted in the out-post area of khavda or lakhpat etc. .....

Smt. Sujata Bhardwaj and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1997(1)WLC377; 1996(2)WLN439

..... 2 dated 31.8.96 under section 3(2) of the national security act (for short, 'the act') for his detention and sent the order of detention to the jailor, sub-jail, chittorgarh, to be served on the detenue who was confined in the sub-jail ..... in the personal liberty and welfare of detenue ashwani kumar bhardwaj, by these two habeas corpus petitions, have challenged the validity of the order of detention dated 31.8.96 passed by the district magistrate, chittorgarh under section 3(2) of the national security act. ..... 31.8.96 was passed by the detaining authority taking into consideration the activities of the detenu and the cases pending against him and while passing the order under the national security act, the cases pending against the detenu under the n.d.p.s. ..... '; (ix) the detenu's brother and friend(s) were not allowed to appear before the advisory board at the time of hearing, while the higher ranking police officers were present there; (x) the representations made by the 'detenu were neither sent to the advisory board nor to the central government; (xi) the representations made by the detenue were considered after the disposal of the matter by the advisory board; and (xii) the legal interview to ..... of the learned counsel for the petitioners, therefore, is that these procedural safe-guards provided under the act, were not protected and the detention order annexure-2 dated 31.8.96, as approved by the state government and the advisory board, therefore, deserves to be quashed and set-aside.5. .....

NLRB Vs. Burns Int'l Security Svcs., Inc.

Court : US Supreme Court

..... both burns and wackenhut had numerous security guard jobsites in southern california; for administrative purposes, wackenhut treated each jobsite as a separate unit, while burns treated large numbers of ..... burns] performing plant protection duties as determined in section 9(b)(3) of the [national labor relations] act at lockheed, ontario international airport, excluding office clerical employees, professional employees, supervisors, and all other employees as defined in the act. ..... issues presented in this case are whether burns refused to bargain with a union representing a majority of employees in an appropriate unit and whether the national labor relations board could order burns to observe the terms of a collective bargaining contract signed by the union and wackenhut that burns had not voluntarily ..... footnote 2 ] in regard to this latter finding, the board stated: "the question before us thus narrows to whether the national labor policy embodied in the act requires the successor employer to take over and honor a collective bargaining agreement negotiated on behalf of the employing enterprise by the ..... bargaining freedom means both that parties need not make any concessions as a result of government compulsion and that they are free from having contract provisions imposed upon them against their ..... actions in this regard would be subject to the commands of the labor management relations act, and to the regulation of the board under proper application of governing principles. .....

Maharashtra Suraksha Rakshak Aghadi Vs. State of Maharashtra,

Court : Mumbai

Reported in : 2007(1)ALLMR769; 2006(6)BomCR493

..... through the present petition, the petitioner trade union is seeking to challenge the two notifications dated 24.7.2003 and 8.11.2004 issued by the state of maharashtra granting exemption under section 23 of the maharashtra private security guards (regulation of employment and welfare) act, 1981 (hereinafter referred to as 'the said act') and prays that the same may be quashed and set aside. ..... as may be specified in the notification, exempt from the operation of all or any of the provisions of this act or any scheme made thereunder, all or any class or classes of security guards employed by the agency or agent as may be specified in the notification and deployed in any factory or establishment or in any class or classes of factories or establishment, if in the opinion of the state government, all such security guards or such class or classes of security guards are in the enjoyment of benefits, which are on the whole not less favourable to such ..... at the end of this scrutiny sheet, the desk officer and the deputy secretary have made a report as follows:having seen the information from clauses 3, 4, 5, 8, 13, 16, 18, 19, 20 and 21 from paragraph 3, we are of the view that it will not be proper to grant exemption to m/s.industrial guards services private limited under section 23 of the maharashtra private security guards (regulation of employment and welfare) act. 14. ..... states that the wages of the employees concerned are to be deposited by opening an account in a nationalized bank. .....

Alsecure and Protection Services (i) and ors. Vs. State of Maharashtra ...

Court : Mumbai

Reported in : 2009(111)BomLR4111

..... section 15 provides for constitution of an advisory committee by the state government to advise the government upon such matters arising out of the administration of the act or any scheme made under it or relating to the application of the provisions of the act to any particular class of security guards or employers, as the advisory committee may itself consider to be necessary or the state government may refer to it for advice. ..... section 7 provides for an eventuality when the employers and the security guards refuse to recommend persons for representing them on the board or for any other reason it is not possible to constitute a board, and provides that in such an eventuality the state government may appoint a suitable person to hold office until a board is duly constituted as per the provisions of section 6 of the said act. ..... 2773 of 2006 dated 12th january, 2007 in the case of national textile corporation (south maharashtra) ltd. ..... 2773 of 2006 dated 12-1-2007 in the case of national textile corporation v. .....