Court : Chennai
Reported in : (1995)IIMLJ367
..... supply and sewerage board v. a. rajappa : (1978)illj349sc , a seven judge bench overruled the aforesaid judgment and held that the definition of 'industry' in the industrial disputes act would take within its fold universities and educational institutions, the question whether a teacher was a 'workman' vis-a-vis his employer was ..... nadu and tamil nadu sugar corporation ltd., (judgment dated 12-1-1988). the bank was granting loans to madura sugars ltd., a company registered under the companies act. the company had to face certain problems and the government of tamil nadu intervened by passing an act called madura sugar limited (acquisition and transfer of ..... the importance of education was emphasized in the 'neethishatakam' by bhartruhari (first century b.c.) in the following words : 'translation : education is the special manifestation of man; education is the treasure which can be preserved without the fear of loss; education secures material pleasure, happiness and fame; education is the .....
Tag this Judgment!Court : Chennai
Reported in : (1995)2MLJ367
..... water supply and sewerage board v. a. rajappa : (1978)illj349sc , a seven judge bench overruled the aforesaid judgment and held that definition of 'industry' in the industrial disputes act would take within its fold universities and educational institutions, the question whether a teacher was a 'workman' vis-a-vis his employer was not ..... limited, w.p. no. 7562 of 1987, judgment dated 12.1.1988. the bank was granting loans to madurai sugars limited, a company registered under the companies act. the company had to face certain problems and the government of tamil nadu intervened by passing an act called madura sugars limited (acquisition and transfer of undertaking ..... . the importance of education was emphasised in the 'neethi satakam' by bhartruhari (first centrury b.c.) in the following words:translation:education is the special manifestation of man: education is the treasure which can be preserved without the fear of loss: education secures material pleasure, happiness and fame:education is .....
Tag this Judgment!Court : Chennai
Reported in : [1999]97CompCas129(Mad)
..... of the board of directors under sub-section (1) or (2) of section 47 of the act unless there was a prosecution against modi industries limited, the company owning the industrial unit, can be termed as correct, the objection raised by the petitioners before the high court ought to have been viewed not in isolation or ..... provisions adumbrated in the code are made applicable to the trial of offences arising under section 138 of the negotiable instruments act, figuring in chapter xvii, a special law, will hereinafter be seen, in the light of the provisions relatable to the procedural and other aspects contained in the said chapter. 35. before the ..... as an accused, is not applicable to the offences committed by the companies under the negotiable instruments act, in view of the special definition of 'company' given under explanation (a) to section 141 of the negotiable instruments act. according to the said definition, 'company' means any body corporate and includes a firm or other association of .....
Tag this Judgment!Court : Chennai
Reported in : 1995CriLJ2306
..... of the board of directors under sub-section (1) or (2) of s. 47 of the act unless there was a prosecution against messrs. modi industries limited, the company owning the industrial unit, can be termed as correct, the objection raised by the petitioners before the high court ought to have been viewed not in isolation but in ..... offences, by magistrates, sub-section (1), thereof prescribes that subject to the provisions of that chapter, any magistrate of the first class, and any magistrate of the second class specially empowered in that behalf under sub-section (2), thereof, may take cognizance of any offence - (a) upon receiving a complaint of facts which constitute much offence : (b ..... neglect on his part, the commission of offence, or, due to neglect on his part, the commission of offence had taken place, when specially there is no mandate cast upon the drawer-company to disclose at any point of time to the payee or holder in due course/aggrieved complainant, as to who was in charge of and .....
Tag this Judgment!Court : Chennai
Reported in : [1996(73)FLR1354]
..... . but, they are not running the canteen by themselves. they are providing and maintaining the canteen through a contractor. in the year 1980, the srf company, entered into a contract with the industrial catering services, ltd., madras 13. as per the contract the contractor would prepare the food and supply the same to the workmen of the srf ..... de-escalation above 985 points. this is applicable with effect from january 1, 1991. 23. the contractor shall be paid for vegetarian special continental lunch and special lunch, type b, as per annexure c meant for company's guests. 23. (a) the service charges referred to in point no. 17 above shall be paid on or before 7th day ..... were not his employees and that they were the employees of the contractor. the high court negatived the said contention of the petitioner. the apex court while dismissing the special leave petition filed against the order of the high court held as follows, in para. 5, at page 398. 'the true test may, with brevity, be indicated .....
Tag this Judgment!Court : Chennai
Reported in : [1995(71)FLR308]
..... district munsif has held that the civil court has no jurisdiction to entertain the suit filed by the plaintiffs since the relief of seniority can be granted only under the industrial disputes act, and dismissed the suits. aggrieved by the said common judgment, the plaintiffs preferred the appeals before the subordinate judge, ariyalur. 4. the learned subordinate ..... be established by statute. there is that class where there is a liability existing at common law, and which is only re-enacted by the statute with a special form of remedy; there, unless the statute contains words necessarily excluding the common-law remedy, the plaintiff has his election of proceeding either under the statute or at ..... common law. then there is a second class, which consists of those cases in which a statute has created a liability but has given special remedy for it; there the party may adopt an action of debt or other remedy at common law to enforce it. the third class is where the statute .....
Tag this Judgment!Court : Chennai
Reported in : (1995)2MLJ514
..... or liabilities are also created by the statute.30. in premier automobiles v. k.s. wadke : (1975)iillj445sc , the jurisdiction of civil court in respect of industrial disputes was considered. while dealing with that point, the apex court declared the principles applicable to the jurisdiction of the civil court and how far the civil court's ..... provision, the civil court must take cognizance of it, and a suit for damages is maintainable before a civil court.21. in mohideen pichai v. tinnevelly mills company : air1928mad571 , it was held as follows:in a new enactment is such that certain new rights unknown previously to law are created by the new statute and ..... barred. a statute, therefore, expressly or by necessary implication, can bar the jurisdiction of civil courts in respect of a particular matter. the mere conferment of special jurisdiction on a tribunal in respect of the said matter does not in itself exclude the jurisdiction of civil courts: even if there was no such specific exclusion, .....
Tag this Judgment!Court : Chennai
Reported in : [2001]103CompCas1029(Mad)
..... remedies are provided by the statute in very many matters concerning the management and running of a company. a special forum itself has been created, and with an expertise and daily experience in relation to the problems in the working of the companies--the company law board. it now adjudicates many such disputes which come before it as provided under the ..... referred to a number of authorities in support of their submissions.26. learned counsel for the petitioner relied on the decision of this court in the case of ramakrishna industries (p.) ltd. v. p.r. ramakrishnan 1988 64 comp cas 425 in support of his submission that this court has ample powers to make an ex parte ..... when other remedies are not efficacious enough to protect the general interest of the company.37. learned counsel also relied on the decision of the kerala high court in the case of jose j. kadavil v. malabar industrial co. ltd.: mathew (k.t.) v. malabar industrial co, ltd. 1986 59 comp cas 969 wherein the court pointed out .....
Tag this Judgment!Court : Chennai
Reported in : (1995)2MLJ622
..... additional undertakings as aforementioned to protect the interests of anil kumar sonthalia and the working journalists and employees who satisfy the definition of 'workmen' under the industrial disputes act or any other law in this behalf, the compromise is lawful and suffers no legal defect.22. we have difficulty, however, in accepting ..... /bharatkatha publications private limited shall have the pre-emptive right to buy the same at the value determined by aggregating the annual profits of the publications/or companies for the previous three financial years. likewise, if defendant no. 8/defendant no. 2/defendant no. 5/defendant no. 1/bharatkatha offset private limited/ ..... borrowed against the new rentals, such rentals, deposits or borrowed amount shall stand charged in favour of defendant no. 3 and, shall be deposited in the special bank account to be operated by mr. r.v. pandit mentioned for the specific purpose of ensuring payment of instalments mentioned hereinabove. mr. pandit is .....
Tag this Judgment!Court : Chennai
Reported in : [1996(74)FLR2052]
..... granting increase in wages, dearness allowance house rent allowance and incentive scheme and since there was market recession the automobile industry coupled with power cut, the workmen were informed of the position of the company a the juncture and demands were made to avoid lay-off to the extent possible. the management was said to ..... has to be exercised with great circumspection and it is not for the high court to constitute itself into an appellate court over the tribunals constituted under special legislations to resolve the disputes of kind qualitatively different from ordinary civil disputes and to readjudicate upon questions of fact decided by those tribunals. be it ..... were absolutely false. the conciliation proceedings initiated ended in failure. the stoppage of work in the company was nothing but a lock-out and the management deliberately wanted to create a situation to make the ambattur unit a sick unit. having regard to the above, it is claimed by the workers' union that the .....
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