Court : Allahabad
Reported in : 2005(3)ESC2050; [2005(105)FLR1028]; (2005)IIILLJ116All
..... the respondents not to implement the notification dated 23.12.1996 as well as the other (notifications issued in this regard, under the employees state insurance act 1948 and the rules framed thereunder, primarily on the ground that the employees of the petitioner's union are enjoying comparatively more advantageous benefit than under ..... 1978 rules made applicable to the petitioner by the respondent employer and that the applicability of the e.s.i. act and the notifications made thereunder would seriously prejudice the rights of the petitioner.2. we have heard sri v.k. upadhyay, leamed counsel for the petitioner ..... of the petitioner inasmuch as the employees' according to the petitioner are in receipt of benefits substantially similar and superior to the benefits provided under the act. in this regard it would be relevant to mention that the aforesaid question as to whether the benefits are substantially similar or superior or not is .....
Tag this Judgment!Court : Allahabad
Reported in : (1996)IILLJ439All
..... j.n. tewari, learned senior counsel appearing for the petitioner are; (i) the dispute involved in the case was outside the purview of section 3 of the act; (ii) the additional labour commissioner has issued the impugned certificate in a mechanical manner without applying his mind to the objections raised as against the demand of the workmen and two ..... establishment has committed default in payment of wages in respect of a wage bill exceeding fifty thousand rupees. the scope and ambit of powers of the labour commissioner under section 3 of the act came up for consideration before the supreme court in modi industries ltd. v. states of u.p. (1994-i-llj-383). their lordship of ..... the supreme court held that the enquiry that is conducted by the labour commissioner under section 3 of the act is of quasi-judicial natureand further that when liability to pay the wages is in dispute which involves investigation of questions of facts and/or law, .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC2000; (1999)ILLJ1350All
..... under section 4 and a sum of rs. 15,000 as penalty under section 4a(3) of the act with rs. 500 as cost have been awarded to smt. godawarl devi alias godambri devi widow of late sarveshwar dull an unskilled labour employed by the appellant, and who is alleged to have met with accidental death.2. counter and ..... of 9th september, 1983. the site authorities made all out efforts to search him and simultaneously took up the matter with the police of saudi arabia. passport authorities and labour department. the nearby hospitals were also informed. the fact of disappearance of sarveshwar dutt was also notified in the newspapers. the police of saudi arabia could not locate ..... project was over, late sarveshwar dutt was not willing to return to india in the first batch as he wanted to stay on to seek some employment. he was labouring under mental stress and wanted to leave for india in the last batch. all these facts have been stated by yogendra pathak. who was manager (personnel administration] and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All43
..... courts on similar grounds. with a view to put an end to this litigation and make agrarian reforms effective, parliament by the constitution 1st amendment act, 1951, passed on 18th june, 1951, added articles 31-a and 31-b with retrospective effect. article 31-a protected laws providing for the acquisition of estates or rights therein. ..... the court can find that the statute was designed to remove.15. in industrial law bonus is understood to be a share of the workman in profits. the labour appellate tribunal awarded bonus even though the mill had made a loss. the supreme court reversed the decision. in muir , mills ltd. v. suit mills mazdoor ..... cultivation. all this was done after clearing the land of the forest and developing it so as to make it cultivable. the petitioners installed several tubewells, inducted labourers to the farm, constructed pucca buildings and sheds for them and animals, bought tractors, tools and other instruments for mechanised farming. the petitioners allege that they .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All643
..... electrical foreman in the railway electrical power house at pandu under the north eastern railway. the petitioner was the general secretary of the assam railway labour association, a registered and recognised trade union of the railway workers and after the reorganisation of the railways the petitioner became the general secretary of ..... been held that article 14 of the constitution did not apply : charanjit lal chowdhry v. union of india : [1950]1scr869 , state of bombay v. f.n. balsara air 1951 sc 318; kedar nath v. state of west bengal : 1953crilj1621 ; syed mahammad and co. v. state of andhra : [1954]1scr1117 ; budhan chowdhary v. state of bihar ..... . the services in india have long been afforded certain statutory guarantees and safeguards against arbitrary dismissal or reduction in rank. under section 240, government of india act, 1935, the safeguards were limited to these two cases. under the present constitution, a third was added, namely removal from service. in order to understand .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(2)AWC1403; (2003)1UPLBEC528
..... design and analysis of experiments.design and analysis of sample surveys.--in many important investigations-for example, marketing studies, public-opinion polling, readership studies, monthly labour-force studies, crop and livestock inventories, and forest inventories--it may not be feasible or desirable to obtain observations on the characteristics of all of the members ..... 42. a candidate appearing in the examination has legal right to get the declaration of his result prepared according to the u. p. judicial services rules, 1951 or the u. p. judicial service rules, 1999, whichever is applicable.43. article 320(1) of the constitution empowers the public service commission to conduct examination ..... the same place and the moderators shall moderate all three question papers out of which one will be chosen. there is no provision in the act which may either directly or indirectly permit any kind of alteration in the marks awarded by the examination. that apart, it is not suggested from the .....
Tag this Judgment!Court : Allahabad
Reported in : 2003CriLJ2287
..... run concurrently.the sentences passed against the accused appellant shyamu are quashed as he was a child as per the u. p. children act, 1951 at the time of the incident. he is on bail. he need not surrender.the conviction of raj pal under sections 147, 302 ..... sri chaturvedi having regard to the provisions of the u.p. children act, 1951 which was in force at the relevant time when the incident took place. section 2(4) of u.p. children act, 1951 (u.p. act no. 1 of 1952) defines a child to mean, a person ..... under the age of 16 years. section 27 of the said act says that notwithstanding anything contained to the contrary in any law ..... the investigating officer shows that the gher of harkesh is adjacent to the house of satya prakash. satya prakash also complained of the act of harkesh to tejveer, who was the pradhan of the village. tejveer, in his turn, being pradhan of the village initiated .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1988All79
..... taken over and distributed to others like land reforms where the lands from the big landlords are taken away and given to landless labourers or for that matter the various urban and rural ceiling acts. that is only one of the modes of distribution but not the only mode.'52. further we cannot forget that we ..... the entire material collected by it including the memorandum submitted by the petitioner before the advisory board. the escalations in the costs inputs such as electricity and labour charges etc. were also closely examined by the government. the state government had also collected relevant information from the other states. the entire material collected by ..... conferring the power of exemption has been consistently upheld by this court in a number of decisions commencing with the state of bombay v. f.n. balsara, : [1951]2scr682 .'22. in the context of the impugned legislation (section 44-a) public interest would mean encouragement of the growth or proliferation of the cold storages or .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2000All58
..... has also the power of judicial superintendence. the court approved the decision of the calcutta high court in dalmia jain airways ltd. v. sukumar mukherjee, air 1951 cal 193(sb),where the high court said that the power of superintendence conferred by article 227 was to be exercised most sparingly and only in appropriate ..... adjudication by the electrical inspector and the licensee finds its case with reference to check meter. prior to the amendment of section 26(6) of electricity act, the electrical inspector or the competent person specially appointed by the state government in this behalf had a statutory duty to first determine whether the meter in ..... by the agreement in that event, the same would be covered by the provisions of the statutes operating in the field viz., the indian electricity act, 1910, indian electricity supply act, 1948 and in the rules and regulations framed thereunder. the petitioner, therefore, cannot claim anything outside the scope and ambit of the said agreement .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All175
..... it is not, therefore, possible for this court to issue a writ of mandamus to the state government to issue a notification exempting sugarcane plantation under clause (vii) of section 6 of the act.36. at the same time i cannot help remarking that, the petitioners have made out a fair case for exemption for their mechanised farm ( ..... sugarcane crop is of specialised character. it is reasonable to suppose that production from a mechanised farm is higher than production in small fields carried out with manual labour. breaking up a large mechanised farm into small portions is liable to result in fall in production. thus, the petitioners' mechanised farm of sugarcane satisfies all the ..... a specific period. they are not permanent tenure-holders. nor are they proprietors of the land. the petitioners' farm is not an 'estate' under u. p. act no. i of 1951 either. since the petitioners' case does not relate to the acquisition of any estate, sub-clause (a) of clause (1) of article 31a does not cover the .....
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