Judgment Search Results Home > Cases Phrase: plantations labour amendment act 2010 section 1 short title and commencement Court: gujarat Page 1 of about 9 results (0.163 seconds)

Mer Ramda Vejunandbhai and Etc. Vs. Hardasbhai Parbatbhai and ors.

Court : Gujarat

Reported in : 1992ACJ399; AIR1992Guj122; (1992)2GLR976

..... it will not be out of place to mention that in section 20 of the coal mines (nationalization) act, 1973, section 23 of the coking coal mines (nationalization) act, 1972, in section 16(3) of plantation labour act, 198 1, section 10f of companies act, 1956, section 7(7) of payment of gratuity act, section 35 of central excises and salt act, 1944, section 6(7) of qua remuneration act, 1976 and in section 5(c) of cinematograph act, 1952 provision identical to or analogous to section 166(3) proviso to the said provisions and various decisions dealing with such provisions it was contended by the counsel appearing for the insurance companies that section 166(3) proviso enacted a complete code ..... however, proviso to sub-section (3) of section 110a of the act of 1939 is substantially amended by substitution of a new proviso to sub-section (3) of section 166 of motor vehicles act, 1988. ..... the second exception is where the new enactment leaves the claimant with such a short period for commencing the legal proceedings so as to make it unpractical for him to avail of the remedy. ..... a claims tribunal entertaining an application for compensation after motor vehicles act, 1988 has come into force shall have to act under amended proviso to sub section (3) of section 166 and by such proviso it can condone delay in making an application for compensation filed beyond the prescribed period of six months but up to a period of 12 months only. .....

Mer Ramdas Bejanand Bhai Vs. Harshad Bhai Mala Bhai

Court : Gujarat

Reported in : 1(1992)ACC717

..... it will not be out of place to mention that in section 20 of the coal mines (nationalization) act, 1973, section 23 of the coking coal mines (nationalization) act, 1972, in section 16(3) of plantation labour act, 1981, section 10f of companies act, 1956, section 7(7) of payment of gratuity act, section 35 of central excise of salt act, 1944, section 6(7) of qua rem uneration act, 1976 and in section 5(c) of cinematograph act, 1952 provision identical to or analogous to section 166(3) proviso of the motor vehicles act 1988 are enacted. ..... however, proviso to sub-section (3) of section 110a of the act of 1939 is substantially amended by substitution of a new proviso to sub-section (3) of section 166 of motor vehicles act, 1988. ..... the second exception is where the new enactment leaves the claimant with such a short period for commencing the legal proceedings so as to make it unpractical for him to avail of the remedy. ..... a claims tribunal entertaining an application for compensation after motor vehicles act, 1988 has come into force shall have to act under amended proviso to sub-section (3) of section 166 and by such proviso it can condone delay in making an application for compensation filed beyond the prescribed period of six months but up to a period of 12 months only. .....

Sankalchand Himatlal Sheth Vs. Union of India (Uoi) and anr.

Court : Gujarat

Reported in : (1976)17GLR1017

..... commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined, such compensatory allowance as the president may by order fix.it should be noted that this original clause (2) which was omitted by the constitution (seventh amendment) act, 1936, was reintroduced by the constitution (fifteenth amendment) act, 1963 and ..... . the section provided that if at any time 'it appears to the governor on sufficient ground shown to his satisfaction that all or any of the immigrants indentured on any plantation should be ..... or controvert any relevant statement brought forward to his prejudice.the classic decision in kraipak's case was followed and it was pointed out that if the power of preparing a selection list without the power to appoint, as in kraipak's case, and power to transfer indentured labour from one to another employer were held, in the context or their respective provisions, to be quasi ..... duly exercised as per the true perspective and after keeping in mind the relevant factors therefore, so far as the third ground is concerned, the petitioner must succeed on the short ground that the petitioner was never consulted or informed of even this proposal of transfer as per the minimum requirement of natural justice and because it has not been ..... his sir chimanlal setalwad lecture titled 'tipping the scales' .....

Sahakari Khand Udyog Mandali Ltd. Vs. the State of Gujarat

Court : Gujarat

Reported in : [1981]47STC212(Guj)

..... section 169(1) of the gujarat co-operative societies act of 1961, the bombay co-operative societies act, 1925, was repealed and, under sub-section (2), all societies registered or deemed to be registered under the bombay co-operative societies act, 1925, the registration of which was in force immediately before the commencement of the gujarat act, shall, on such commencement, be deemed to be registered under the gujarat act ..... charge or charges or interest which he may have created or may create hereafter in favour of any co-operative society or of government for securing finance for purpose of cultivation and/or improvement of his lands, he shall retain in his own name and title and shall not alienate or create a charge or interest of any kind on the lands owned by him in the society's area of operation to the extent specified below : ..... understand the problem arising under the sales tax act, it is necessary to point out that the bombay sales tax act, 1959, was enacted, as the preamble of the act points out, 'to consolidate and amend the law relating to the levy of ..... act, 1925, were providing for self-help by members of the society and for mutual aid among themselves and, after considering the definition of 'producers' society' which says that a producers' society means a society formed with the object of producing and disposing of goods as the collective property of its members and includes a society formed with the object of the collective disposal of the labour ..... plantation and ..... short .....

ipcl Employees Association - Through General Secretary Vs Reliance Ind ...

Court : Gujarat

..... , after threadbare analysis of articles 226 and 227 of the constitution and considering large number of judicial precedents, recorded the following conclusions:"(1) amendment by act 46 of 1999 with effect from 1-7-2002 in section 115 of the code of civil procedure cannot and does not affect in any manner the jurisdiction of the high court under articles 226 and 227 of the constitution. ..... commencement of the award:-(1) an award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under section 17:provided that -(a) if the appropriate government is of opinion, in any case where the award has been given by a labour court or tribunal in relation to an industrial dispute to which it is a party; or (b) if the central government is of opinion, in any case where the award has been given by a national ..... it is agreed to pay a one time lump sum amount (not to be reckoned for pf and any other benefit) for the period from 01/01/2007 to 30.6.2010 to eligible non supervisory employees who are on the rolls of the company on the ate of signing ..... has been examined by apex court, which is as under:"these two appeals by special leave arise of an award of the special industrial tribunal for plantation, coimbatore in a dispute between 228 coffee, tea and rubber estates and their employees. ..... so, settlement in short not challenged by petitioner association on merits and even justness and fairness is also not in challenged except legal aspect .....

Rajkot Engineering Association and ors. and Vs. Union of India and ors ...

Court : Gujarat

Reported in : (1986)54CTR(Guj)272; (1987)1GLR3; [1986]162ITR28(Guj)

..... section 44aa which was put on the statute book by the taxation laws (amendment) act, 1975, which is inserted in the 1961 act, with effect from april 1, 1976, whereunder the persons specified therein are required to keep and maintain such books of account and other documents as may enable the income-tax officer to compute his total income in accordance with the provisions of the act ..... the kerala plantations (additional tax) act (17 of 1960) as amended by the kerala plantations (additional tax) amendment act (19 to ..... previous year or years relevant to the assessment year commencing on the 1st day of april, 1985, or any subsequent assessment year; or (b) carrying on profession shall, if his gross receipts in profession exceed ten lakh rupees in any previous year or years relevant to the assessment year commencing on the 1st day of april, 1985, or ..... section 3(1) and section 3(2)(b) of the bombay labour welfare fund act, 1953, which was enacted by the legislature of the state of bombay, were declared invalid on the ground that they violated the fundamental right of the employer under article 19(1)(f) by the supreme court in bombay dyeing and ..... and facts arise in these two petitions, we intend to dispose of them by this common judgment, though we will shortly set out the relevant facts and circumstances in which the respective petitioners have moved these petitions challenging the validity of section 44ab of the income-tax act, 1961, which has been placed on the statute book by the finance act .....

Medical Officer Vs Dashrathsinh Gajubha Zala

Court : Gujarat

..... been terminated but that has not been done by petitioner and that has also not been proved by petitioner before labour court and, therefore, labour court has come to conclusion that there is breach of section 25f and 25h of id act, 1947 and therefore, as per such observations, labour court has held that service of respondent workman was illegally terminated in breach of provisions of id act, 1947 and accordingly answered issue no.1 in affirmative, as per decision of ..... short, petitioner establishment is covered by definition of local authority because it is run and managed by district panchayat surendranagar and bombay shops and establishments act, 1948 is applicable to petitioner establishment and after completion of continuous work of six days, one day statutory holiday is available to an employee as given holiday and for that, employee is entitled for it with wages and if statutory holiday with wages is available under minimum wages rules and bombay shops and establishments act, then, that day of holiday must have to be counted ..... decision in case of incharge officer and another versus shankar shetty, reported in (2010)9 scc 126 where apex court has considered fact that respondent was engaged as daily wager in 1978, respondent therein worked intermittently for seven years, upto his retrenchment which was about 25 years back and in such case, relief of reinstatement cannot be justified and considering aforesaid facts only, apex ..... any used at the commencement of this definition .....

Gujarat State Road Transport Corporation Vs. Firoze M. Mogal and Anoth ...

Court : Gujarat

..... air 1999 sc 380 which interpreted section 100a of the code of civilprocedure, 1908 after its insertion by the amendment act, 1976 but before its amendment by the amendment acts, 1999 and 2002, and also to the judgment of ..... from the observations made in para 99 of the judgment in umaji's case (supra); (v) the fifth factor is whether the jurisdiction invoked in the petition irrespective of the lable mentioned in the title of the petition was primarily of original nature, in which case it would be a petition under article 226 of the constitution, or whether it was invoked in the nature of supervisory jurisdiction ..... mr.pandya also brought to our notice that in our country, there is no practice at least after the commencement of the constitution of india, whereby the subordinate court or the tribunal certifies the record to the high court ..... our opinion, should not be construed to convey that only because the order of the labour court was confirmed further by the industrial court and it was the order of the industrial court which was made the subject matter of ..... short of punitive discharge may be employed by a management, in our current conditions of massive unemployment, low wage sand high cost of living, dismissal of several hundreds, with disastrous impact on numerous families, is of such sensitive social concern that, save in exceptional situations, the law will inhibit such a lethal step for the peace of the industry, the welfare of the workmen and ..... patil, reported in 2010 air scw 6387, .....

Gujarat Steel Tube Employees Union and Another Vs. O.L. of Gujarat Ste ...

Court : Gujarat

..... or of amalgamation with another company, or unless the company has, at the commencement of the winding up, under such contract with insurers as is mentioned in section 14 the workmen's compensation act, 1923 (8 of 1923), rights capable of being transferred to and vested in the workman, all amounts due in respect of any compensation or liability for compensation under the said act in res- pect of the death or disablement of any workman of the company ..... he shall, before being entitled to have his debt entered in the schedule, state in his proof the particulars of his security, and the value at which he assesses it, and shall been titled to receive a divident only in respect of the balance due to him after deducting the value so assessed. ..... reports dated 14.3.2009, 15.7.2009, 12.9.2009, 13.11.2009 and 16.4.2010 which have been filed by official liquidator / chartered accountant in pursuance of the orders passed by the court after the reports dated 10.1.2009 and 17.2.2009 the grievance and objections have to be considered in light of the ..... the net amount realised shall be substituted for the amount of any valuation previously made by the creditor, and shall be treated in all respects as an amended valuation made by the creditor. ..... representative of workers union, labour contractor, workers of labour contractor and advocate of the company and the same is approved by ..... and it included diverse heads like basic wage, variable dearness allowance ( vda , for short), earned leave, gratuity and .....

Patel Vipulkumar Ramjibhai Vs. Union of India Through Secretary and Ot ...

Court : Gujarat

..... is hereby superseded, except in supercession of the things done or omitted to be done before such supercession to the extent that in case of all or some types of applications made were prior environmental clearance and pending on the date of final publication of this notification, the central government may relax any one or more provisions of this notification except the list of the projects or activities requiring prior environmental clearance in ..... the impugned environmental clearance dated 27.1.2010 itself provides that any appeal against the environmental clearance shall lie with the national environmental appellate authority under section 11 of the national environment appellate act, 1997 and such an appeal has to ..... so far as the present case is concerned, is the final analysis drawn by the committee of experts that if the intention of the amendment is to appraise only the projects with significant impacts, then merely specifying a limit of more than 50% for the production enhancement will not ..... no.2 ought not have granted noc/cca permitting respondent no.3 to commence its industrial activities without the said respondent no.3 first obtaining environmental ..... industry has carried out tree plantation within the periphery which ..... has recorded a finding that the induction furnace, which is one of the types of foundries under rule 32 of the environment (protection) rules, 1986 (for short `the rules) is `foundry (individual) as contemplated by entry 28 of the schedule i to the e.i.a. .....