Court : Kerala
Reported in : AIR1979Ker56
..... the rayon pulp division of the company. section 3 enables the government by a notified order to appoint a person or body of persons as the controller of the undertaking to take over the management thereof. the order is to remain in force for a period not exceeding two years; but is liable to be extended. section 4 provides ..... administration of the company and entrusting the same to a controller appointed by the government. the ordinance is styled an ordinance 'to provide for the taking over of the management of the undertaking of the rayon pulp division of the gwalior rayons and silk manufacturing and weaving company limited for a limited period in order to secure the proper ..... in the state list. the same was the principle of the decision of the gujarat high court referred to therein, in d. s. patel & co. v. gujarat state textile corporation ltd. ((1971) 41 com cas 1098).17. in order to show the repugnance of the provisions of the ordinance with those of the companies act, counsel for the .....
Tag this Judgment!Court : Kerala
Reported in : (1994)IILLJ269Ker
..... was 'unavoidable impediment'. this is exactly what is contemplated in proviso to sub-section (i) of section 25fff where the closure compensation is provided when an undertaking is closed down on account of 'unavoidable circumstances beyond the control of the employer'.8. when indiscipline on the part of the employees is found to be ..... of labour'. the above tests have been accepted and applied by the supreme court in various decisions. see south india mill owners' association and ors. v. coimbatore district textile workers union (1962-i-llj-223), western india match co. ltd. v. their workmen (1963-ii-llj-459) and workmen of the straw board . v. straw ..... thereof' contained in section 2(cc) of the act closure of branches and relief to employees is different from 'relief to employees consequent to closure'. latter takes in relief alone whereas the former both closure and relief which sufficiently falls within the subject of reference.4. the above distinction necessarily persuades this court to .....
Tag this Judgment!Court : Kerala
Reported in : (1989)IILLJ493Ker
..... 42nd amendment act was considered by a constitution bench of the supreme court in minerva mills' case 1980(3) scc 625 where the constitutional validity of the sick textiles undertakings (nationalisation) act, 1974 was in question. chandrachud, c j. for himself and on behalf of gupta. untwalia and kailasam, jj held that section 4 ..... section 4 read with section 9 of the act requires the employer to make contributions to the welfare fund in advance every month. such monthly contributions take in contributions towards provident fund as well as towards gratuity. as per paragraph 45 of the scheme gratuity shall be paid from the gratuity fund account ..... a prominent factor reckoned by tribunals in deciding upon the grant of added benefits to the workers. added benefits may take in fair wages or living wages, holiday wages, house rent allowance, sickness benefits etc. there is nothing discriminatory in grouping together industrial concerns of a less organised nature as distinct from larger concerns .....
Tag this Judgment!Court : Kerala
..... whole article a social mission. it embraces the entire material resources of the community. its task is to distribute such resources. its goal is so to undertake distribution as best to subserve the common good. it reorganizes by such distribution the ownership and control. `resources' is a sweeping expression and covers not only ..... legitimately arise.....".82. the next judgment, which has been relied upon by learned counsel for the petitioners is kaiser-i- hind (p) ltd. v. national textile corpn. (maharashtra north) ltd. [(2002)8 scc182, which again was a constitution bench judgment. the contention that once president grants the "assent" to the ..... imperative on the central government, state governments and bodies like municipalities, not only to ensure and safeguard proper environment but also an imperative duty to take adequate measures to promote, protect and improve the man- made environment and natural environment.24. the tide of judicial considerations in environmental litigation in .....
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