Court : Chennai
Reported in : (1962)1MLJ240
..... the following passage from 'rothenberg on labour relations' (1949 edition), page 417, which is really upon the rights of the employer in the united states, as dealt with in the 'labour management relations act,' is significant -while an employer has the right and privilege to discharge a group or all of his employees, even as he has the right to discharge particular individuals, he is under the same ..... see how that can be determined without considering the question of good faith, which in turn would largely depend on the finances of the company, on the adverse effect that retention would have on the business, and on whether retention would mean the dead-weight of an uneconomic surplus and so forth.the right of the management to take a decision to retrench, provided that it is bona fide and justified by the situation in which the decision was taken, ..... court was concerned with retrenchment effected, not because of loss and threatened dangers to business at all, but in consequence of a scheme of reorganisation adopted for reasons of economy and convenience. ..... is concerned, it is well-known that 'retrenchment' is defined in section 2 (ee) of the act, asthe termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action in the barsi light railway case : [1957]1scr121 , the ..... as early as december, 1956, the government of india announced that the customs duty for exposed films would be enhanced by .....
Tag this Judgment!Court : Chennai
Reported in : (1997)2MLJ553
..... were to be determined by the corporation in view of section 11(2) of that act, which reads as under:where services of a person who is not a workman within the meaning of the industrial disputes act, 1947 (central act 14 of 1947), and who has been, immediately before the appointed day, employed in the textile undertaking, are in opinion of the corporation necessary having regard to the requirement of the units of the corporation formed as a result of reorganisation and reconstruction of the textile undertaking by the corporation he shall ..... : (1986)iillj171sc in support of his submission that it is contrary to public policy and it would be entirely arbitrary for an instrumentality of the state, to have an arbitrary power to terminate the employment of any of its employee without assigning any reason whatsoever for ..... out that the respondent-corporation is owned by the government and it cannot act in an arbitrary manner and rely on the general law of master and servant without reference to the constitutional rights available to the employees of an instrumentality of the state. ..... of the petitioner is that the respondent-corporation being a government undertaking and therefore, an instrumentality of the state, was bound to act in a non-arbitrary manner, and the manner in which the petitioner's services were terminated the petitioner regards the impugned letter as an order of termination-contravenes the rule of non-arbitariness and in contravention of article 14 of the constitution. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1970Mad203
..... the petition for winding up was filed on 15-11-1957, the ground stated in the petition for the winding up was that the company was unable to pay its debts within the meaning of section 433(e) of the companies act, 1956. ..... the materials placed before us so far, there could he no nope of the shareholders running the mills at a profit to the extent of being able to pay the new creditors, who might come in.jaya jothi and company state that they have themselves been running it at a loss during the last three years, the loss amounting to about rupees seven lakhs. ..... in in re stephen waltore and sons 1926 wn 236, the court sanctioned a scheme of arrangement with the creditors and shareholders which involved reduction, reorganisation and increase of the company's capital and stay of the winding up. ..... says that a company shall be deemed to be unable to pay its debts, if it is proved to the satisfaction of the court that the company is unable to pay its debts, and in determining whether a company is unable to pay its debts, the court shall take into account the contingent and prospective liabilities of the company.the learned judge passed his order on the ground that on 31-10-1957 the company was unable to pay its debts within the meaning ..... hopes were realised to a large extent because for at least three or four years they were earning good profits in view of the facts that the price of cotton which they had to purchase was comparatively low and that the price of yarn which they sold was high. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1960Mad58
..... ascertaining the liability of various railways where they are owned by different bodies and not by the same owner.the full bench made further observations as to what the plaint must allege on the face of it to show the cause of action, that is to say, as to how and in what capacity the state is sought to be made liable,-whether as owner of the railway to which the goods were consigned or as owner of the railway on which the loss occurred ..... he upheld the finding of the small cause court that it had jurisdiction both in the view that the suit was laid against one defendant, namely, the governor-general-in-council, and in the view that the suit was laid against two entities, he expressed his preference for the former view in the following terms:"it was urged, however, that eventually it ..... the owner but also the agency working these railways by 1-4-1950, a reorganisation of the railway systems owned and run by the government was undertaken in the beginning of 1951. ..... the act and numerous other sections, wherein, according to him, even in cases where the power vested in the government under the act has to be exercised in respect of a railway administration managed by the government, it was the president who should be deemed to be the government exercising its executive function and he is to issue directions to the managers of the railways through the railway inspectors appointed under the act.as ..... 1956 is a hides and ..... 433 of 1956 is also allowed, and the decree of the chief judge, court of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1999Mad100
..... under the provisions of entry 56 of union list, the river boards act, 1956, was enacted for advising the governments interested in relation to such matter concerning the regulation or development of an inter-state river or river valley or any specified part thereof and for performing such other functions as may be specified on the notification and is not applicable for diversion of water from one basin to the other ..... would submit that the river boards act, 1956, which was enacted by the parliament, authorises, the union government to establish a river board for advising the governments interested in relalion to such matters concerning the regulation or development of an inter-state river or river valley or any specific part thereof and for performing such functions as may be specified in the notification, in consultation with the state government interested. ..... the petitioner, the present kerala state come into existence upon reorganisation of former states of travancore cochin, malabar district and kasargod taluk of erstwhile state of madras in the year 1956. ..... to the petitioner, requires a formal approval and good gesture by the state of kerala towards its neighbouring state. ..... a table showing the contribution of water to the west flowing river from catchments, which lie in the territory of tamil nadu, surplus water in the river base, quantity available for diversion, the acrerage of land which could be irrigated out of this surplus water and the beneficiarydistricts of tamil nadu. .....
Tag this Judgment!Court : Chennai
Reported in : 1992CriLJ2948
..... provision for the inspector general of police, subject to the approval of the state government to frame such orders and rules, as stated in the said section, and the punjab police rules were framed in the exercise of the powers conferred under ..... 9 of the madras district police act which enabled the director general of police to make rules so as to control the police force in the state, observed that the said section did not enable the director general of police to frame a police standing order in ..... was to reorganise and make the tamil nadu police force, a more efficient instrument for the prevention and detention ..... of the madras district police act reads as hereunder :- 'director general to control force and make rules - the director general may, from time to time, subject to the approval of the state government frame such orders and regulations as he shall deem expedient, relative to the general government and distribution of the force, the places of residence, the classification, rank and particular service of the members thereof; their inspection, the discription of arms, account rements and other necessaries to be furnished to ..... we are not now concerned with the provisions of the madras city police act, which has also been referred to by the learned judge in the ..... act itself was intended for the better regulation of the police within the state ..... the investigating officer chose to obtain the opinion of the public prosecutor but failed to act in accordance with the opinion offered. .....
Tag this Judgment!Court : Chennai
Reported in : (1983)IILLJ347Mad
..... 16 of the act and the schemes framed thereunder shall override any other law or any agreement or award or other instrument which runs contrary to the provisions of the section and the shame irrespective of the fact whether such law or agreement or award or other instrument is one which was in force at the time of the coming into force of the act and the implementation of the scheme, or which came into existence subsequent to the act and the scheme. ..... framers of the scheme when the scheme was framed, to limit the overriding effect of the provisions of the act and the scheme only to the law or agreement or award or other instrument existing at the commencement of the act or the implementation of the scheme, because they must have anticipated even at the time of the passing of the act and the framing of the scheme that any other law or agreement or award or other instrument made in future is likely to effect the ..... (1) the phrase 'for the time being' may, according to its context, mean the time present, or denote a single period of time; but its general sense is that of time indefinite, and refers to an indefinite state of facts which will arise in the future, and which may (and probably will) vary from time to time (ellison v. ..... 16 and 17 are found, deals with schemes for reorganisation of general insurance business. ..... 132 of the madhya pradesh municipal corporation act 243 of 1956, a division bench of the madhya pradesh high court (indore bench) in d. .....
Tag this Judgment!Court : Chennai
Reported in : (1995)ILLJ757Mad
..... it is submitted that by order dated may 5, 1989 the supreme court directed the management to pay pension to the employees in accordance with the order of the high court with effect from may 1, 1989 and observed that the payment will be subject to the final orders passed in the petition, by another order dated september 22, 1989 the supreme court directed payment of pension to another set of employees comprising 58 persons, to ..... it is stated in the scheme framed in 1975 that the enormous growth in the wage bill of the group and the apparent need of effective utilisation of manpower and the growing constraints on the company for various reasons beyond its control, a necessity arose to reorganise the company's operations with a view to economise in ..... contention is that the labour court ought not to have entertained petitions under section 33-c(2) of the industrial disputes act inasmuch as the employees' right to claim retiring allowance is itself in dispute ..... dated november 21, 1988, a division bench of this court allowed the same holding that neither the settlement of 1956 nor the payment of gratuity act had the effect of abrogating the pension scheme introduced by g.o.o.no.26. ..... facts of the case, the bench found that one writ petition was maintainable, as the commissioner for land revenue had consolidated 18 re vision petitions and given only one number to the said proceeding. ..... not be forgotten that though the expression 'retirement' is used in the schemes, it is as good as resignation. .....
Tag this Judgment!Court : Chennai
Reported in : (2000)IILLJ1150Mad
..... the apex court ultimately came to the conclusion that any application under section 25-o was liable to be disposed of within sixty days by the state government and if such application is not disposed of within sixty days and if the decision of the state government on that application is not communicated within that period it is deemed that such permission has been ..... reasons which means that it must not be actuated by any motive of victimisation or any unfair labour practice:(ii) it is for the management to decide the strength of its labour force:(iii) if the number of workmen exceeded the reasonable and legitimate needs of the undertaking, it is open to the management to retrench them:(iv) workmen have become surplus on the ground of rationalisation or economy, reasonably or bona fide adopted by the management or on the ground of any other industrial or trade ..... state of maharashtra reported in : (1986)iillj113bom held that at the stage of permission under section 25-n of the industrial disputes act, any elaborate judicial or quasi-judicial enquiry is not contemplated and the very scheme of section 25-n preclude such an elaborate ..... if a scheme for such reorganisation results in surplus age of employee, no employer is expected to carry the burden of economic dead weight and retrenchment has to be accepted as ..... even though the leather industry has good prospects, this factory had been incurring continued loss.according to the industry's average and also as per the report of thiru .....
Tag this Judgment!Court : Chennai
Reported in : (1998)ILLJ560Mad
..... respondent has not even averred what he was doing after the dismissal of the application under section 33-c(2) of the act for a period of three years and he has encashed the amount set along with the notice and he kept quiet for three years and not even averred where he was working till he filed the writ petition and till he attained the age of superannuation though he was removed from service when he was ..... respondent having availed the remedy under section 33-c(2) of the act before the central labour tribunal and also before the state labour court and having lost the case on the ground that he is not a workman, has filed the writ petition in the year 1984 and kept it pending25. ..... bombay high court accepted that the rules of july 30, 1959 were the unified rules of recruitment to the posts of deputy collector applicable throughout the reorganised state of bombay that the petitioner did not lose any time in filing the writ petition. ..... the petitioners were not personally interested in challenging the arbitrary and illegal allotment of land to a widow of a freedom fighter, the court took it as a public interest litigation and attached least importance to the delay and laches and the context was the thing to be looked into.20. ..... find anything wrong in the conduct of the appellant to disentitle him to claim the refund of excess payment made in respect of the goods other than wired glass. ..... decisions we have adverted to all those decisions though it has consumed a good deal of judicial time. .....
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