Court : Chennai
Reported in : AIR1966Mad247
..... representative suit on behalf of all the creditors would apply to an application filed under s. 45-b of the banking companies act. the banking companies act provides a special machinery for the enforcement of claims by or against a banking company which is being wound up in respect of any question relating to or arising in the course of the winding up ..... or arise in the course of the winding up. in ramnarain v. simla banking & industrial co. ltd., (s) : [1956]1scr603 it was held that having regard to the wide and comprehensive language of s. 45-a and s. 45-b of the banking companies act, it is clear that a proceeding to execute the decree obtained by a displaced creditor ..... prior to 30-12-1953 was alive when act 52 of 1953 containing s. 45-o of the banking companies act came into force on 30-12-1953. the decision of this court by balakrishna aiyar j. in the matter of agr. industrial bank ltd., : air1957mad295 is also in conformity with the above decisions, and it supports the contention of .....
Tag this Judgment!Court : Chennai
Reported in : (2008)1MLJ21
..... reported in : (1981)illj1sc [life insurance corporation of india v. d.j. bahadur and ors.] has held that the i.d. act is a special law with reference to all industrial disputes and therefore, even the lic act cannot have an overriding effect over the i.d. act. if there is any doubt as to whether a law ..... plurality of problems which, incidentally, involve transfer of service of existing employees of insurers. the workmen qua workmen and industrial disputes between workmen and the employer as such, are beyond the orbit of and have no specific or special place in the scheme of the lic act. and whenever there was a dispute between workmen and management the ..... , the conclusion that flows, in the wake of the study i have made, is that vis-a- vis 'industrial disputes' at the termination of the settlement as between the workmen and the corporation, the id act is a special legislation and the lic act a general legislation. likewise, when compensation on nationalisation is the question, the lic act .....
Tag this Judgment!Court : Chennai
Reported in : 2001(127)ELT659(Mad)
..... metropolitan magistrate court, e.o. ii, chennai for remanding him to judicial custody.31. merely because the products seeakkai and arappu thool were manufactured by small scale industries it did not mean that they were not excisable goods. the formalities have already been detailed and the petitioners suffix 'seeakkai' to their brand name to indicate ..... apex court as well as this court and various other courts.52. in 1991 (51) e.l.t. 61 (assistant collector of central excise v. ramdev tobacco company), the apex court held thus :'6. the rule of ejusdem generis is generally invoked where the scope and ambit of the general words which follow certain specific words ..... jurisdiction of the high court in entertaining a writ petition under article 226 of the constitution, in spite of the alternative statutory remedies, is not affected, specially in a case where the authority against whom the writ is filed is shown to have had no jurisdiction or had purported to usurp jurisdiction without any legal .....
Tag this Judgment!Court : Chennai
Reported in : [2009]150CompCas415(Mad)
..... provisions of sections 100 to 105 of the act.100. section 100 of the act deals with reduction of share capital by way of special resolution, provided, the articles of association so authorised the company to reduce the share capital. section 101 of the act deals with the application to the court for confirming the reduction.101. section ..... re); [1995] 83 comp cas 30 (sc) (hindustan lever employees' union v. hindustan lever ltd.) and : [1996] 87 comp cas 792 (sc) (miheer h. mafatlal v. mafatlal industries ltd.) and submitted that once the scheme is against section 21 of the indian contract act, 1872, the same has to fail.126. learned senior counsel also objected to the ..... of meeting, this court is bound to reject the prayer.165. learned senior counsel appearing for the demerged company pointed out to the decision reported in : [1996] 87 comp cas 792 (sc) (miheer h. mafatlal v. mafatlal industries ltd.), that when the meeting had been held in terms of this court's order and the details as .....
Tag this Judgment!Court : Chennai
Reported in : (1992)2MLJ260
..... institute. the society may constitute its governing body in accordance with its rules without any interference by the government.'28. all india bank employees' association v. national industrial tribunal : (1961)iillj385sc , is another case decided by the supreme court in which it is said that the right guaranteed by article 19(1)(c) of ..... not save it from condemnation. the legislature cannot violate the constitutional prohibitions by employing an indirect method. and in the case of p. vajravelu mu'daliar v. special deputy collector, madras : [1965]1scr614 , that when it is said that legislation is a colourable one, what is means is that the legislature has transgressed its ..... for its unconstitutionality as it gives arbitrary power to the government to bring in lieu of the members of the society any person to advise the special officer. they have worded their submissions differently but attacked precisely on the same grounds the ordinance as well as the act contending that the legislature's .....
Tag this Judgment!Court : Chennai
Reported in : 2006(3)CTC673; (2006)IILLJ951Mad
..... the constitution. in support of his claim, he relied on decisions in (i) newspapers ltd. v. state industrial tribunal reported in ; (ii) hochtief gammon v. state of orissa, reported in : (1975)iillj418sc ; (iii) shaw wallace and company ltd. v. state of tamil nadu reported in ; and (iv) ongc madras port contract employees union v ..... ongc reported in : (2005)iillj170mad . the conclusion arrived at in the first decision, namely, : (1957)iillj1sc is as follows: (para 38)38. in spite of the fact that the making of a reference by the government under the industrial ..... for 1st respondent/government and mr. r. viduthalai, learned senior counsel for the workmen unions, the aspects as to satisfaction of the existence of an industrial dispute and expediency of making a reference by the government for adjudication cannot be gone into by this court. equally, adequacy or sufficiency of materials for .....
Tag this Judgment!Court : Chennai
Reported in : (1997)ILLJ170Mad
..... not require any precedent but if one is needed the decision of this court in western india match company ltd.'s case, : (1973)iillj403sc , clearly rules to that effect. in that case, the company relied on a special agreement which was to some extent in derogation of the provisions of the certified standing order. the ..... 'servant' and the post occupied by the person resigning becomes vacant. (c) the term 'retrenchment' means discharge of surplus labour or staff in a continuing or running industry in order to avoid retention becoming a dead weight - an uneconomic surplus. (d)(i) in retrenchment compensation paid is not a 'retirement benefit' at all. as ..... its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of underserved want.' article 43 obligates the state to secure, by suitable legislation, to all workers, a living wage, .....
Tag this Judgment!Court : Chennai
Reported in : [1985]57CompCas126(Mad); (1984)IILLJ34Mad
..... coal fields ltd. v. special area development authority, : [1982]2scr1 . in the light of that case, certainly a nationalised bank is not a government company. 18. in a case which arose before the karnataka high court, which is reported in karnataka provident fund employees' union v. additional industrial tribunal, bangalore, [1983 ..... the business of advertising, commission, forwarding or commercial agency, or which is a clerical department of a factory or industrial undertaking or which is an insurance company, joint stock company, bank, broker's office or exchange and includes such other establishment as the state government may be notification declare to ..... referred were at the time actually pending before the certifying authority under the industrial employment (standing orders) act, 1946, on an application for modification of the company's standing orders and, therefore, the said questions would not be industrial disputes that could be validly referred for adjudication. the high court held .....
Tag this Judgment!Court : Chennai
Reported in : [1994]81CompCas669(Mad)
..... shares only on the grounds stated in sub-section (3) of section 22a of the scra. it is further laid down that there is a special duty cast upon such companies that in cases were the board of directors form an opinion that the registration of transfer of shares should be refused on any of the grounds mentioned ..... in the said decision that the main purpose of section 22a was to ensure free transferability of shares of listed companies and for that purpose the unlimited powers of the company to refuse registration were circumscribed only to four grounds. in jagatjit industries ltd. v. mohan meakin ltd. [1991] 2 comp lj 288 : [1994] 80 comp cas 411 (clb ..... with the action on an application by others in the same section compels the conclusion that on an application by anybody other than the state government, the state industrial court or a district industrial court may also refuse to take action.' 32. here also the expressions 'may' and 'shall' have been used in the same section, namely, section .....
Tag this Judgment!Court : Chennai
Reported in : (1998)IMLJ121
..... ab initio. in those circumstances, reinstatement with backwages should automatically follow. (iv) since all the workmen have completed the probationary period of 240 days, the industrial tribunal ought to have allowed the claim as prayed for. 11. first i shall consider the jurisdiction of the central administrative tribunal and the attack of the ..... petitioner is estopped on the principle of acquiescence. further more even after remand by the central administrative tribunal, the petitioner without any objection participated before the industrial tribunal hence in view of the conduct of the party the objection of the petitioner has to be rejected. (iii) the order of termination by ..... the conclusion reached by the tribunal, namely, the workmen who are ordered to be reinstated are not entitled to back wages. in the peculiar and special circumstance and factual position narrated above, i am of the view that the decisions cited above are not applicable to the present case. regarding the rejection .....
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