Court : US Supreme Court
Mulford v. Smith - 307 U.S. 38 (1939) U.S. Supreme Court Mulford v. Smith, 307 U.S. 38 (1939) Mulford v. Smith No. 505 Argued March 8, 1939 Decided April 17, 1939 307 U.S. 38 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF GEORGIA Syllabus 1. Producers of tobacco, challenging the constitutionality of provisions of the Agricultural Adjustment Act of 1938, sought to enjoin warehousemen from deducting penalties under the Act from the sales price of tobacco to be sold on behalf of the plaintiffs, in excess of their respective quotas. Held: (1) The suit is within 24(8) Jud.Code, which confers jurisdiction upon District Courts "of all suits and proceedings arising under any law regulating commerce," irrespective of citizenship of parties or amount in controversy. P. 307 U. S. 46 . (2) The suit is not forbidden by R.S. 3224, which applies only to restraint of assessment or collection of a tax. P. 307 U. S. 46 . Page 307 U. S. 39 (3) Upon th...
Tag this Judgment!Court : Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 19TH DAY OF AUGUST 2013 28TH SRAVANA, 1935 WA.No. 241 of 2012 () ---------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 7323/2006 DATED 04 01-2012 APPELLANT(S)/APPELLANT/1ST RESPONDENT IN WPC.: ------------------------------------------ REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION SUB REGIONAL OFFICE, KOTTAYAM 68600 BY SENIOR ADVOCATE DR.S.GOPAKUMARAN NAIR STANDING COUNSEL FOR EPF SRI.A.RAJASIMHAN RESPONDENT(S)/WRIT PETITIONER AND RESPONDENTS 2 AND 3 : --------------------------------------------------------- 1. M/S.HARRISONS MALAYALAM LTD BRISTOW ROAD, WILLINGDON ISLAND, COCHIN-682 003 REPRESENTED BY ITS CHIEF MANAGER-LEGAL MR.V.VENUGOPAL.2. THE EMPLOYEES SPROVIDENT FUND APPELLATE TRIBUNAL 60 SKYLARK BUILDING, 7TH FLOOR NEHRU PALACE, NEW DELHI-110 019.3. UNION OF IDNAIA REPRESENTED BY ITS SECR...
Tag this Judgment!Court : Mumbai
Reported in : 1992(3)BomCR422; (1992)94BOMLR238; (1995)IIILLJ443Bom
K. Sukumaran, J. 1. Air India has come up in appeal against the verdict of Variava J., adverse to it. It has arisen in respect of the implementation of a Notification under the Contract Labour Act (hereinafter referred to as 'the Act').2. The Act, a piece of social legislation, provided, in great detail, for the regulation of Contract Labour under Section 10, it proceeded further; and empowered the Government to have even the prohibition of contract labour in the contingencies and subject to the conditions set out in that behalf, in the Act. The Central Government issued such a Notification on 9.9.1976, prohibiting 'employment of contract labour on and from 10th March 1977, for sweeping, cleaning, dusting and washing of buildings owned or occupied by establishments in respect of which the appropriate Government under the said Act is the Central Government'. Air India had initially accepted the Central Government as its appropriate Government. Air India sent in the application and got i...
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR2689; 1992(3)KarLJ610; (1993)ILLJ833Kant
1. The workmen of Bharat Heavy Electricals Limited, represented by their Association, are calling in question the constitutional validity of Section 2(9) of the Employees' State Insurance Act, 1948, as amended by Act, 29 of 1989 (hereinafter referred to as 'the Act') and also the notification issued pursuant to the said provision framing a rule by which employees whose wages exceed a limit fell outside the definition of Section 2(9) of the Act.2. Several other writ petitions are also filed on behalf of the workmen by various trade unions seeking for similar relief. Some of the managements, who have been impleaded as respondents, supported the petitioners, while others supported the other respondents. The managements in this and other connected matters are public sector undertakings, both of the State and the Union. All these matters have been heard together and contentions in all the cases are considered in this petition for purposes of convenience.3. The Act provides for certain benef...
Tag this Judgment!Court : Rajasthan
Reported in : (1995)ILLJ1186Raj; 1995(1)WLC13; 1994(2)WLN425
R.S. Verma, J.1. The facts giving rise to this D.B. Special Appeal lie in a narrow compass. Respondent No. 2, K.G. Thanvi, entered the service under the appellants as Junior Inspector on probation vide order dated January 10, 1979 which had come into effect on December 18, 1978. The initial period of probation was one year and it was liable to be extended for a further period of one year. If no confirmation order was passed on the expiry of the period of probation, the services were to stand terminated automatically.2. The performance of the respondent-Inspector came to be reviewed during the period of probation and it was found that respondent failed to achieve requisite targets. Hence, in pursuance of the terms of employment the services of the respondent No. 2 were terminated vide order dated February 9, 1980 received by the respondent No. 2 on February 14, 1980.3. It appears that the respondent No. 2 preferred a departmental appeal against termination of his services upon which his...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2530 OF2012Birla Institute of Technology .Appellant(s) VERSUS The State of Jharkhand & Ors. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. On 07.01.2019, this Court placing reliance on the decision of this Court in Ahmadabad Pvt. Primary Teachers Association vs. Administrative Officer and Others (2004) 1 SCC755 which was brought to the 1 Courts notice by the learned counsel appearing for the appellant, allowed the appeal and set aside the order of the High Court.2. However, after the pronouncement of the order in this appeal, it came to the notice of this Court that consequent upon the decision of this Court rendered in Ahmadabad Pvt. Primary Teachers Association (supra), the Parliament amended the definition of the word employee as defined in Section 2(e) of the Payment of Gratuity Act, 1972 by Amending Act No.47 of 2009 on 31.12.2009 with retrospective effect from 03.04.1997. This amendment was no...
Tag this Judgment!Court : Kolkata
Reported in : (2003)IILLJ567Cal
Satyabrata Sinha, J. 1. This appeal is directed against a judgment and order dated May 17, 2000 passed by a learned single Judge of this Court whereby and whereunder the writ petition filed by the appellant herein questioning an order passed by the appellate authority affirming the order of the controlling authority under the Payment of Gratuity Act, 1972 (hereinafter called and referred to for the sake of brevity as the said Act) was dismissed. 2. The basic fact of the matter is not in dispute. The respondent No. 3 herein was an employee of Oriental Machinery and Civil Construction Limited (hereinafter referred to as OMCC). The said establishment having regard to certain labour disputes declared a lock-out in October, 1978. A closure was declared in relation to the said industry with effect from January 1, 1979. Negotiations were held by and between the management of the said OMCC and the appellant herein at the instance of the West Bengal for transfer of the said industry, pursuant t...
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
P.S. DATTA, JUDICIAL MEMBER The Appellant who is a successor in interest of M/s. Tata Tea Ltd. and a Licensee under Section 14 of the Electricity Act, 2003 for the purpose of distribution of electricity in its licensed area, namely, Munnar in the State of Kerala preferred this Appeal against the order dated 25.5.2010 passed by the Kerala Electricity Regulatory Commission (KERC) Respondent No.1 whereby the tariff of the Appellant who, according to the Appellant, was consuming for itself less than 50% of the total energy purchased by it from the Kerala Sate Electricity Board (Board), Respondent No. 2, was passed with retrospective effect from 1.12.2007. 2. The facts are these: Transfer of interest of M/s. Tata Tea Ltd., a distribution licensee in favour of the Appellant was effected on 9.1.2007 and the order therefor was passed on 26.3.2007. On 4.7.2007, the Board who is the Respondent No. 2 filed a Tariff Petition before the Kerala State Electricity Regulatory Commission for the year...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3150 OF2019(Arising out of SLP (Civil) 7627 of 2019) Diary No.41829 of 2018 Sr. Superintendent of Post Offices Appellant Versus Gursewak Singh & Ors. Respondents WITH CIVIL APPEAL No.3151 OF2019(Arising out of SLP (Civil)No.7628 of 2019) Diary No.41825 of 2018 Sr. Superintendent of Post Offices Appellant Versus Smt. Swam Kanta Respondents INDU MALHOTRA, J.JUDGMENT11. Leave granted in both the special leave petitions.2. A common question of law arises in both the appeals which are being disposed of by a common judgment. The facts in Sr. Superintendent of Post Offices v. Gursewak Singh & Ors. are being considered as the lead case.3. The present Civil Appeal has been filed against the Order dated 01.12.2017 passed by a Division Bench of the Punjab & Haryana High Court at Chandigarh in LPA No.1612 of 2017.4. The factual matrix of the case, briefly stated, is as under:4. 1. On 26.06.1991, Respondent No.1 w...
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad45
1. The substantial question that is raised in this application is whether it is competent to the Government to refer a dispute concerning wages to adjudication by a Tribunal under Section 10, In-Dustrial Disputes Act, 14 of 1947, after there had been a fixation of minimum wages under the provisions of the Minimum wages Act 11 of 1948. The petitioner is the South India Estate Labour Relations Organisation, an association representing 180 plantation estates in South India. On 25-9-1950 the Govt. of Madras appointed under Section 5(l)(b), Minimum Wages Act, a Committee for fixing minimum wages in plantation and acting on their report, fixed minimum wages by G.O. No. 1093 dated 20-3-1952 to take effect from 25-3-1952. While the above committee was carrying on its investigation, disputes arose between employers and employees in various estates. At a meeting of the staff of these estates held on 20-5-1951 a resolution was passed demanding an increase in the basic salary and dearness allowanc...
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