Court : Mumbai Nagpur
..... as contained in section 2(h) of mines act, 1952, to show when person can be said to be employed and section 58(o) and (p) thereof are pressed into service with provisions of chapter ix of the mines rules, 1955, dealing with canteen ..... consideration in paras 25, 26 & 27 reveals that there the railway administration was competent to employ a staff committee or a co-operative society for the management of canteen and legal responsibilities for its proper management rested solely with ..... the judgments of the hon'ble apex court and definition as contained in section 2(1)(h) of mines act with this material clearly demonstrates that the activity of canteen could not have been started ..... a closure, effected in fact, without compliance with the requirements of section 25ffa of the industrial disputes act, 1947, was therefore, held to be devoid of legal effect, invalid ..... the participation by the petitioner union in meeting of canteen management committee in which canteen was given to a contractor has been held to stop it from raising ..... committee there was to run canteen under the supervision and control of the bank. ..... a very brief outline of the dispute and controversy involved, the learned senior advocate stated that there are two options open before this court. ..... by this petition filed under article 226 of constitution of india, the petitioner - trade union has challenged the award dated 02.05.1997 delivered by the central government industrial ..... here is in mine and not in its residential locality. .....
Tag this Judgment!Court : Mumbai Nagpur
..... as held by the supreme court in hindustan times (supra) the authority while considering the aspect of imposition of damages under section 14b of the said act is expected to take into consideration the number of defaults, the period of delay, the frequency of default and the ..... petition filed under articles 226 and 227 of the constitution of india takes exception to the order dated 29.11.2005 passed by the respondent no.1, thereby imposing damages under provisions of section 14b and also levying interest under provisions of section 7q of the employees' provident funds and miscellaneous provisions act, 1952, (for short the said act). 2. ..... of india and others (1998) 2 supreme court cases 242 the aspect of delay in initiating action on the part of the authorities under section 14b of the said act has ..... c] that the respondent no.1 proceeded to impose damages under section 14b of the said act without considering the explanation and the reasons assigned by the petitioners for ..... it was submitted that even before provisions of section 7q of the said act came into force, the authorities had power to impose damages for delayed ..... of default and the amounts involved. ? in the present case while replying to the show cause notice the petitioners took a stand that as there was delay in receiving the grant in aid from the state government there was delay in paying the amount of contribution ..... therein was in unauthorized occupation of government premises for the period from 15.12.1949 to 21.11.1955. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the term of reference before the central government industrial tribunal-cum-labour court, nagpur was as follows : whether the action of the management of the state bank of india through its assistant general manager, region vi (disciplinary authority), nagpur and deputy general manager (appellate authority), nagpur in terminating the services of workman mr.p.n.mahadole w.e.f. ..... by this petition, the petitioner has that the impugned award dt.14.2.2014 be quashed and set aside whereby the action of the management of the state bank of india through its assistant general manager, region vi (disciplinary authority) and deputy general manager (appellate authority) in terminating the services of the workman namely shri p.c.mahadole w.e.f. ..... under these circumstances, it was concluded that the action of the management of the state bank of india, through its assistant general manager, region vi and the action of the deputy general manager (appellate authority), nagpur in terminating the services of workman w.e.f. ..... the impugned order is criticised on the ground that respondent no.1/tribunal has committed error in considering the view of the inquiry committee regarding the purported leave application dt.6.10.2004. 7. ..... 309 to argue that it is necessary for the tribunal concerned to decide first validity of inquiry and perversity in the findings of inquiry officer before arriving at any decision regarding punishment with reference to section 11a of the industrial disputes act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... as regards the contention that the interest should have been granted from the date of application filed for condonation of delay, it must be stated here that it is well settled now that ordinarily the interest is to be granted in view of section 171 of the motor vehicles act, 1988, from the date of the petition, unless there is evidence to show that the petitioner was responsible for delay in disposal of the petition in which ..... economy and the policy of reserve bank of india, the interest rate has been ..... in that year, the prevailing rate of interest granted by the banks on fixed deposits for one year was of 9% and same could also be directed to be paid to the appellants by the respondents, in view of the law laid down by the hon'ble apex court in the case ..... of the economy, there had been considerable fall in the lending rates of the banks and consequently, reduction in the rates of interest granted by the banks on the term deposits had occurred. ..... and others (2001) 2 scc 9, that the nationalized banks were granting interest @ 9% on fixed deposits for one year at the time when the hon' ..... , learned counsel for the appellants has submitted that since the award has been made in the year 2001, the tribunal ought to have considered the rates of interest given by banks in the year 2001. ..... the nationalised banks are now granting interest at the rate of 9% on fixed deposits for one year...?.the hon'ble supreme court then directed payment of interest at the rate of 9% per annum on the .....
Tag this Judgment!Court : Mumbai Nagpur
..... rs.1500 crores and that the parent company has taken loan approximately of rs.1200 crores from consortium of various banks wherein the state bank of india is the lead bank. ..... petitioner submitted that the learned joint charity commissioner has not taken into consideration the relevant facts and has decided the application on facts which have no bearing whilst considering an application under section 36 (1) (a) of the said act.ii) in the teeth of the offer made by the petitioner at rs.17,00,000/- per acre, the learned joint charity commissioner ought to have given the petitioner a chance to pay the amount in terms of the said offer ..... has weighed with the learned joint charity commissioner, as can be seen from the paragraph no.24 of the impugned order, is not a relevant factor, which was required to be taken into consideration whilst considering an application under section 36 of the said act.iv) it is pertinent to note that the petitioner in his affidavit in rejoinder in the above proceedings has annexed six sale deeds disclosing that the said m/s. ..... the offers received were not to the satisfaction of the respondent no.1-trust, in the meeting dated 03/03/2008, it was decided to again issue a fresh advertisement in the local newspapers so as to get better offers. ..... , the respondent no.1-trust issued a notice in a local newspaper inviting objections. ..... , advertisement was issued in the various local newspapers. ..... advertisements were issued on 15/02/2008 and 17/02/2008 in the local newspapers. .....
Tag this Judgment!Court : Mumbai Nagpur
..... principal of medical college, srinagar, whose daughter was a candidate for admission to medical college, had informed the selection committee at the very outset about it and had also stated that he would not be concerned with written test and would not be present at the time of interview of ..... the learned counsel states that, in this situation, merely because another person is not elected as a chairman under section 16(1)(d) of the nit act, that by itself is not sufficient to vitiate the resolution dated ..... on behalf of the petitioners, it is submitted that the writ petition under article 226 of the constitution of india is treated as a public interest litigation (read with articles 14 and 48a) and the petitioners seek to represent the common people residing in the bhamti area (rate and tax payers) claimed to be deeply ..... is on local executive committee (for ..... , the scope of judicial review under article 226 of constitution of india is very limited and the challenge, as raised, does not call for any ..... of talent in major sports to shine on behalf of india at international level. ..... union of india and others, (2003) 4 scc 1, the hon'ble apex court has considered the technical objections raised in the situation when it has treated letters, telegrams or postcards or news ..... union of india and others reported in air 1970 sc 150 and then concluded that, in the facts before it, when other candidates were interviewed, the principal was not aware of the marks obtained either by his ..... india ..... (india) .....
Tag this Judgment!Court : Mumbai Nagpur
..... principal of medical college, srinagar, whose daughter was a candidate for admission to medical college, had informed the selection committee at the very outset about it and had also stated that he would not be concerned with written test and would not be present at the time of interview of ..... the learned counsel states that, in this situation, merely because another person is not elected as a chairman under section 16(1)(d) of the nit act, that by itself is not sufficient to vitiate the resolution dated ..... on behalf of the petitioners, it is submitted that the writ petition under article 226 of the constitution of india is treated as a public interest litigation (read with articles 14 and 48a) and the petitioners seek to represent the common people residing in the bhamti area (rate and tax payers) claimed to be deeply ..... is on local executive committee (for ..... , the scope of judicial review under article 226 of constitution of india is very limited and the challenge, as raised, does not call for any ..... of talent in major sports to shine on behalf of india at international level. ..... union of india and others, (2003) 4 scc 1, the hon'ble apex court has considered the technical objections raised in the situation when it has treated letters, telegrams or postcards or news ..... union of india and others reported in air 1970 sc 150 and then concluded that, in the facts before it, when other candidates were interviewed, the principal was not aware of the marks obtained either by his ..... india ..... (india) .....
Tag this Judgment!Court : Mumbai Nagpur
..... the ratio of the division bench in the case of devidas matiramji surwade is that the term 'person' employed under sub-section (1) of section 14 of the said act has to be interpreted to mean the legal heirs of such person, who has encroached and continues to occupy the government land or the public property, his agent, assignee or transferee or as the case may be, was ..... if an intention of the legislature is to prevent an encroachment upon the government land or public property by a person, who is deemed to be a public servant under section 184 entitled to enjoy all privileges attached to it under section 180 of the said act, can it be said that such an intention of the legislature be defeated by adopting circuitous way of occupying the property, which is an encroachment on the government land ..... this court has taken a view that the term 'person' employed under sub-section (1) of section 14 of the said act has to be interpreted to mean the legal heirs of such person, who has encroached and continues to occupy the government land or the government property, his agent, assignee or transferee, as the ..... sub-section (2) is couched in the negative language and states that no action shall be brought against any member for anything done or purporting to have done by or under the act, until the expiration of three months next after notice in writing has been left or delivered at the office of the panchayat and also at the residence of the member, against whom the action is intended to be .....
Tag this Judgment!Court : Mumbai Nagpur
..... the police have carried out investigation in most casual manner and the way in which three statements under section 27 of the evidence act have been recorded simultaneously, allegedly in police station in the presence of the very same panch witnesses, speaks for ..... the prosecution has implanted him and, therefore, his statement under section 161 of code of criminal procedure has been recorded on the next day ..... 1 jaiprakash, all 17 family members of her family were arrested under sections 147, 148, 149, 427 and 336 indian penal code by gondia rural police and released ..... like sword or then recoveries like alleged blood stained cloths of accused persons or then discovery of weapons from them under section 27 of the evidence act can be said to be conclusively established. ..... , (air 1972 sc 1309), and seeks dismissal of appeal filed by the state challenging acquittal of all accused and prays for allowing appeal, filed by nilkanth, assailing his conviction. ..... , her brother dinesh, krishna and two others are chargesheeted under sections 307, 147, 148, 149, 452, 427 of indian penal code and section 135 of the bombay police act. ..... accused no.2 nilkanth alone is convicted of offence under section 304 part one, and sentenced to suffer ri for 10 years, to pay fine ..... dispute between two families is the root cause and as such, the trial court ought not to have proceeded to acquit any accused of the offence punishable under section 302 indian penal code as charged. ..... he resides in a locality which is about 1 .....
Tag this Judgment!Court : Mumbai Nagpur
..... in state bank of india v. ..... 1 and 2 is not that they have complied with the provisions of section 25-f of the id act by giving notice and retrenchment compensation nor it is their case that they had published seniority list as required and that there was no violation of section 25-g of the id act in the context of the clear averment in the memo of appeal in paragraph 2 that the juniors to him namely mr. ..... the petitioner was entitled to canvass his grievance about violation of mandatory provisions of the id act namely section 25-f and 25-g and rule 81 of the industrial disputes (bombay) rules, 1957 since there was a breach of statutory provision of central law. ..... the employer also did not comply with the mandatory provisions of section 25-f of the id act and due to violation of statutory provisions of parliamentary law, it was deemed that the petitioner was in employment as usual. ..... the next contention that there is no retrenchment within the meaning of section 25-f of the id act, in the case of the petitioner, as he was working on daily wages also will have to be rejected in the light of the observations of the apex court in para (ii) in the case of santoshgupta ..vs.. ..... 1 and 2 did not comply with the mandatory provisions of section 25-f and 25-g of the id act and then claimed reinstatement on that count in the light of the position in the case of bangalore water supply, 1978 air 548, i do not think this court should dilate and on the issue that the respondent- .....
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