Court : Mumbai
Reported in : (2006)3LLJ102Bom
..... accordance with such directions as may be specified or given by the appropriate government.procedure for fixing and revising minimum wages(i) in fixing minimum rates of wages in respect of any scheduled employment for the first time under this act or in revising minimum rates of wages so fixed, the appropriate government shall either -(a) appoint as many committees and sub-committees as it considers necessary to hold enquiry and advise it in respect of such fixation or revision, as the case may be, or(b) by ..... employment in any factory as defined under clause (m) of section 2 or within the meaning of section 85 of the factories act, 1948 (lxiii of 1948) not covered by any of the entries in the schedule.it can, thus, be seen that entry 65 (hereinafter referred to as the said employment) is an omnibus entry and covers all such industries which are not covered by any of the ..... event these are considerations which ordinarily cannot be entertained by us because obviously we are not sitting in appeal over the recommendations of the committee or the notification following upon them.the apex court in the case of ministry of labour & rehabilitation and anr. v ..... locality, and the expediency of fixing minimum wages, and the rates thereof depends largely upon diverse factors which in their very nature are variable and can properly be ascertained by the government which is in charge of the administration of the state ..... . relying on the judgment of the apex court in the case of secretary, finance department v .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR366; 2009(1)BomCR179
..... the displaced persons (compensation) rehabilitation act, 1964;(xxiii) the order passed under the electric (supplied) act, 1948;(xxiv) the orders passed under the employees' provident funds and miscellaneous provisions act, 1952;(xxv) the orders passed under the employees' state insurance act, 1948;(xxvi) the orders passed under the factories act, 1948;(xxvii) the orders passed under the indian railways act, 1890;(xxviii) the orders ..... laws), but excluding those arising out of the parsi chief matrimonial court and orders passed under the recovery of debts due to banks and financial institutions act, 1993; the administrative tribunals act, 1985; and the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002.may be heard and finally disposed of by a single judge appointed in this behalf by the chief justice:(provided when the matter in dispute ..... not to take policy decision and more particularly not to enter into any financial transaction with regard to the trust without prior approval of the administrators appointed by the apex court is completely opposed to the scheme of not only section 41-d of the act but to the cardinal principle of conducting the affairs of the trust which necessarily is the prerogative of the trustees themselves. ..... board of trustees every two weeks and any directions by the board of trustees are to be issued to these two administrators only in the form of resolutions and not individual instructions by any trustee. .....
Tag this Judgment!Court : Mumbai
Reported in : (2006)ILLJ895Bom; 2005(4)MhLj1111
..... any factory as defined under clause (m) of section 2 or within the meaning of section 85 of the factories act, 1948 (lxiii of 1948) not covered by any of the entries in the schedule ..... : [1987]2scr841 (hereinafter referred to as cynamide india) submitted that the function of fixation of minimum wages under the said act, is quasi legislative in nature and, therefore, the scope of judicial review under article 226 of the constitution, was limited ..... court in the case of ministry of labour and rehabilitation and anr. v ..... the expediency of fixing minimum wages, and the rates thereof depends largely upon diverse factors which in their very nature are variable and can properly be ascertained by the government which is in charge of the administration of the state ..... . - (1) in fixing minimum rates of wages in respect of any scheduled employment for the first time under this act or in revising minimum rates of wages so fixed, the appropriate government shall either -(a) appoint as many committees and sub-section committees as it considers necessary to hold enquiry and advise it in respect of such fixation or revision, as the case may ..... dated 30th june, 2004, the state government, in exercise of powers vested in it under clause (b) of sub-section (1) of section 3 read with sub-section (2) of section 5 of the said act, published a notification thereby fixing minimum rates of wages for the employees engaged in the said employment ..... the judgment of the apex court in the case of secretary, finance department v .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)ALLMR1; 2002(3)BomCR219
..... his words or conduct made to the other a clear and unequivocal promise which is intended to create legal relations or effect a legal relationship to arise in the future, knowing or intending that it would be acted upon by the other party to whom the promise is made and it is in fact so acted upon by the other party, the promise would be binding on the party making it and he would not be entitled to go back upon it, if it would be inequitable to allow him to do so ..... of revised merit list and therefore if there was an undue hardship such as that they had given up other opportunities of technical education elsewhere and are rendered nowhere to go, the government may consider to rehabilitate the deserving cases by requesting the indian medical council for additional intake. ..... concerned, the provisions in sections 10a, 10-b and 10c of the dentist act, 1948 are almost similar to the one under sections 10a, 10b and 10c of the indian medical council act, 1956. ..... he was at that time working as an instructor/administrator in engineering college and after specifically mentioning the names of such other candidates who were granted admission in pursuance of the resolution of the ..... all the universities in the state that they will be expected to take steps in accordance with law to debar these two examiners from any future examination work or any administrative work or position concerning examinations. ..... 7 as follows :-'we are afraid that this kind of administration of interlocutory remedies. .....
Tag this Judgment!Court : Mumbai
Reported in : [2007(114)FLR932]; [2008]86SCL142(Bom)
..... referred to the board for industrial and financial reconstruction and was declared as a sick industrial establishment, under the provisions of the sick industrial companies (special provisions) act, 1985, and in the year 1995, was operating under the rehabilitation scheme approved by the said board and in spite of that, the company continued to incur heavy financial losses due to several factors including adverse market conditions in ..... institutions, the said board recommended that the company be wound up in the absence of any rehabilitation proposals, which was forwarded to the concerned high court for proceedings/winding up orders.10. ..... closure and retrenchment in that case were in violation of the relevant provisions of the industrial disputes act, 1947 and they were challenged before the high court and which is not the case at ..... arrived at in terms of sub-section (3) of section 18 of the industrial disputes act, 1948, is binding on all the parties to the settlement. ..... ganguly : (1961)illj303sc , that a settlement which is made binding under section 18(3) of the act on the ground that it is arrived at in the course of conciliation proceedings is a settlement arrived at with ..... closure of the industrial undertaking resulting in retrenchment as contained in section 25n of the act envisages fulfilment of two conditions precedent therefor, namely, (1) three months' notice/notice pay in lieu thereof; and (2) prior permission of the appropriate government and both being mandatory in .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)110BOMLR598; 2008LC(BOM)309
..... after considering various decisions on the subject, the supreme court in para (94) of its said judgment has concluded thus:94) the principles deducible from the above are:1) the modern trend points to judicial restraint in administrative action.2) the court does not sit as a court of appeal but merely reviews the manner in which the decision was made.3) the court does not have the expertise to correct the ..... those are:i) rural electrification,ii) generation,iii) transmission,iv) distribution,v) recovery of cost of services and targeted subsidies,vi) technology development and research and development (r&d;),vii) competition aimed at consumer benefits,viii) financing power sector programmes including private sector participation,ix) energy conservation,x) environmental issues,xi) training and human resource development,xii) cogeneration and non-conventional energy sources,xiii) protection of consumer interests and quality ..... order to harmonise the provisions contained in all these enactments, need was felt to evolve a self contained comprehensive legislation in this regard and, therefore, electricity act, 2003 was enacted by the parliament, which has replaced the indian electricity act, 1910, the electricity (supply) act, 1948 and electricity regulatory commissions act, 1998. ..... normally before such a project is undertaken, a detailed consideration of the need, viability, financing and cost-effectiveness of the proposed project and offers received takes place at various levels in .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)ALLMR656; 2005(4)BomCR419
..... these proceedings are under administration of evacuee property act, 1950 (for short e.p. ..... in view of these facts, this defendant submits that rights acquired by deceased baji kanhoji under the provisions of the bombay tenancy act, 1939, ripened into protected tenancy under the provisions of the bombay tenancy and agricultural lands act, 1948. ..... act) and displaced persons, compensation and rehabilitation) act, 1954 (for short d.p ..... according to petitioner, it was held that they were tenants under the bombay agriculture and lands act, 1948. ..... he submits that bombay tenancy act, 1948 applies to the same. ..... 5 made representations to the central government and the regional settlement commissioner acting in pursuance thereof cancelled the allotment by an order dated 13th september, 1971 ..... 73 of 1948 by the civil judge, senior division, thane ..... that it is only the evacuee property which can be made subject-matter of proceedings under the act. ..... act have not issued any notice to the petitioner calling upon him to deliver possession and rightly ..... act is not de hors the right of parties like petitioner ..... act expressly recognise rights of tenants before the relevant date ..... act were wrong in their conclusion inasmuch as a protected tenant, whose rights have been recognised by a competent court, cannot be ousted from the properties in question ..... act have rejected this claim of petitioner and that is how he is before us. 6 ..... act were issued against them to show cause as to why they should not be declared as evacuees .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(5)BomCR256; 2006(5)MhLj817
..... declared under section 3-c of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971, the slum rehabilitation authority appointed under section 3a of the said act;clause 15 of the same section defines local(15) 'local authority' means - (a) the bombay municipal corporation constituted under the bombay municipal corporation act or the nagpur municipal corporation constituted under the city of nagpur municipal corporation act, 1948, or any municipal corporation constituted under the bombay provincial municipal corporation ..... he submitted that in sahni silk mills's case, on which the learned counsel for the petitioner placed reliance, the supreme court had observed in paragraph 5 that in the present administrative setup extreme judicial aversion to the delegation cannot be carried to an extreme. ..... under our constitution, the governor is essentially a constitutional head, the administration of state is run by the council of ministers. ..... at the same time, in the present administrative set-up extreme judicial aversion to delegation cannot be carried to an extreme ..... to the enormous rise in the nature of the activities to be handled by statutory authorities, the maxim delegatus non potest delegare is not being applied specially when there is question of exercise of administrative discretionary power. 12. ..... that while doing so the state government was not discharging any judicial or quasi judicial function and that it was discharging only nominal administrative function). .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(2)BomCR225; (2008)110BOMLR3517
..... or in relation to an industrial dispute concerning a dock labour board established under section 5-a of the dock workers (regulation of employment) act, 1948 (9 of 1948), or the industrial finance corporation of india act, 1948, or the employees' state insurance corporation established under section 3 of the employees' state insurance act, 1948, or the board of trustees constituted under section 3a of the coal mines provident fund and miscellaneous provisions act, 1948, or the central board of trustees and the state boards of trustees constituted under section 5a and section 5b, respectively ..... no major decisions with respect to finance, staff strength, policy decisions regarding the commercial aspects and administrative decisions can be taken without the central government's consent in such a company. ..... interestingly, clause 7 of this memorandum states that directives would be issued by all administrative ministry/departments indicating the scales as a ceiling as the actual payments would depend on the capacity of each enterprise to pay the amount. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1997Bom79; (1996)98BOMLR915
..... (1) to quash the concurrence, if any, granted by the central electricity authority to the schemes of seven projects (including dabhol) of foreign firms for establishment of power plants without following the procedure asprescribed under the electricity supply act, 1948; (2) for quashing the guarantees, if any, given by the state governments concerned in favour of the foreign companies sponsoring the said projects in the five states (including maharashtra) being violative of s. ..... was also contended that no global tenders were invited and the contract was awarded to enron on extraordinary terms and having consequences of far reaching nature; that the terms were contrary to the provisions of the act; that the terms were such as would destroy the viability of existing companies like bharat heavy electricals limited and national thermal power corporation, both government of india companies, and that there was clear ..... it was further submitted that those seeking judicial review of administrative actions must approach the court with utmostexpedition and delay and laches on their part as fatal to the ..... it is necessary to invite competitive tenders wherever public finance is to be used for the sake of transparency. ..... linda powers, vice-president, global finance of enron development corporation before the committee of ..... merely inferred from the decision of the ministry of finance that the tariff was reasonable. ..... linda powers, vice-president, global finance of enron, before a committee of .....
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