Court : Supreme Court of India
Reported in : 2008(6)ALD19(SC); 2008(4)AWC3875(SC); JT2008(9)SC622; RLW2008(4)SC2794; 2008(12)SCALE367; (2008)9SCC552; 2008(6)Supreme402
..... opinion and reaching a satisfaction as to `public purpose' and in initiating proceedings under sections 4 and 6 and in invoking part ii of the act. we, therefore, refrain from undertaking further exercise. in our considered opinion, it is not necessary for us to enter into larger question in view of `fact situation' in the ..... taking. if you want to run bus transport you cannot take buffaloes.(emphasis suppled)88. as observed by bhagwati, j. (as his lordship then was) in national textile workers' union and ors. v. p.r. ramakrishnan and ors. : (1983)illj45sc , the law must adapt itself with the changing socio-economic context.89. his ..... by the defence department of the government of india for the construction of textile machinery parts factory by lakshmi ratan engineering works limited, kanpur. notifications were issued under the act applying `urgency' clause. admittedly, no procedure laid down under part vii of the act was followed. a writ petition was, therefore, filed praying for quashing .....
Tag this Judgment!Court : Chennai
Reported in : (2008)1MLJ270; 2007(5)CTC392
..... of investigation, interim arrangements and final solutions, governed by special criteria for promoting industrial peace and justice. the lic act is not a law for employment or disputes arising therefrom, but a nationalisation measure which incidentally, like in any general take-over legislation, provides for recruitment, transfers, promotions and the like. it ..... 'employee'. as far as the definition of 'establishment' under section 2(c) is concerned, it means any place where any industry, trade, business, undertaking, manufacture, occupation of service is carried on and with respect to which executive power of the state government extends but excludes any office or department of the ..... or the state government or railway administration or any mine or oil field or any major port or any public sector undertaking of the central government.56. what is a 'public sector undertaking' has been further explained under explanation to the said sub-clause 2(c). the definition of 'industry' under section .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(4)ALLMR847; 2005(5)BomCR522; 2005(4)MhLj675
..... case of the plaintiffs that pursuant to the provisions of the textile undertakings (taking over of management) act, 1983 they have taken over the management of textile undertakings of m/s. kohinoor mills ltd. and a custodian was appointed under section 16 of the said act. the said mill is subsequently nationalised and thus, the plaintiffs have acquired all the assets of the ..... said undertaking known as m/s. kohinoor mills ltd. 3. it is the case of ..... , the plaintiffs are entitled to recover the said amount as debt due and payable to m/s. kohinoor mills in view of the vesting of the said undertaking with them. it is the case of the plaintiffs that subsequent to verification of the records of the said mill, it was found that the said amount .....
Tag this Judgment!Court : Karnataka
Reported in : (1995)IIILLJ769Kant
..... of an industrial dispute regarding the dismissal of workmen, the colliery having been nationalised and vested in the central government and thereafter in the 1st respondent-company, when section 17 of the coking coal mines nationalisation act provided for continuance of their service notwithstanding the transfer of private ownership to the ..... could not have been compelled to do that work without increasing their wages; and (iii) whether such work being done by workmen working in comparative undertakings. in substance, the tribunal considered whether the workmen in question were justified in stopping to dp the work of reading motive power meters in addition ..... supplying electricity to the city of belgaum till 1974 when by virtue of section 4 of the karnataka electricity supply undertakings ( acquisition) act, 1974 (hereinafter referred to as the acquisition act) the undertaking of the petitioner company stood transferred to and vested in the government. as a consequence thereof under section 11 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj170; [2001]106CompCas629(Raj); 2001(2)WLC79; 2003(1)WLN620
..... dhariwal bottle trading company (supra). this court in the case of m/s. jaysynth dyechem and others vs. mewar textiles mills ltd. (2), held that the object of the relief undertaking acts is to provide relief against employment, and that towards that objective, the state legislature is empowered to suspend temporarily operation of ..... recovery application filed by respondent no. 2 before the respondent no. 1 (anx. 1) as not maintainable/returnable on account of notification under rajasthan relief undertaking act issued by the government of rajasthan (anx. 3). (b) quash and set aside the order dated 13.10.2000 marked as annexure 6 passed by ..... undertaking, all proceedings related thereto pending before any court, tribunal, officer or authority shall be stayed. the same view has been taken by our high court in the case of m/s jaysynth dyechem & ors. vs. mewar textile mills ltd. (supra).(28). we shall now consider the contention of shri c.k. garg, in regard to the repugnancy between the two acts .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951
..... argument, then, that section 35(3) notice is abandoned or fallen in disuse. once a notice is issued that is enough. we had to undertake the above exercise and scan the entire act in order to appreciate the contention that the judgment of the hon'ble supreme court in chintamani's case (supra) which has been consistently followed by ..... for improvement of land and underground water resources to the best interest of agriculture and agriculturists in such private forests and other lands in the state, and for undertaking schemes (for such purposes.)and whereas it is also expedient to provide that in the case of owners of private forests (other than those whose lands were used ..... have stated one of the principles of public law powers thus : 'a public body with limited powers cannot bind itself to act outside of its authorized powers; and if it purports to do so it can repudiate its undertaking, for it cannot extend its powers by creating an estoppel.' (see the administrative law by h.w.r. wade and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC238; JT1999(9)SC12; (2000)ILLJ1SC; (2000)1MLJ128(SC); 2000(2)MPHT295; 1999(7)SCALE63; (2000)1SCC332; [1999]Supp4SCR393; 2000(1)LC287(SC); (2000)1UPLBEC1
..... territorial operation cannot, therefore, be countenanced.18. equally unsustainable is his other grievance that if the state of maharashtra does not apply the act to the transport undertakings situated within that state then an anomalous situation would arise so far as the bombay branch of the appellant is concerned. it is obvious ..... following points arise for our consideration:1. whether the notification issued by the state of andhra pradesh under section 1(5) of the act covering the transport undertakings of the appellant, whose registered head office was situated in secunderabad in the state of andhra pradesh, could automatically cover its branch located at ..... obvious. if the maharashtra government being 'appropriate government', does not think it fit to apply the act to transport undertakings in the state of maharashtra by exercising powers under section 1(5) of the act, it would only mean that those independent establishments carrying on transport business in the state of maharashtra may .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(2)ALT710
..... the respondent or their money value. on that question, the learned single judge directed plaintiff to furnish security by way of an f.d.r., from a nationalised bank in the name of the registrar of the court. this was confirmed by division bench. before the supreme court, it was urged that section 144 ..... of the goods is realized by competent authority by selling goods/things/vehicles confiscated in accordance with the power conferred on such authority. that excise act and prohibition act confer power on authorized officer to confiscate money value of excise contraband or vehicle involved in excise offence, it becomes clear by some of provisions in ..... proceedings against accused and the result of criminal proceedings as acquittal or conviction will have no bearing on the order of confiscation passed under the excise act or prohibition act when the vehicle is seized. if it is subsequently released by reason of an order passed by deputy commissioner during pendency of confiscation proceedings or .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(1)MhLj244
..... : (2001)6scc477 . in the aforesaid case, the apex court held that the united india insurance company, being an acquiring company under the provisions of general insurance business (nationalisation) act, 1972, had the trappings of 'the state' being other authorities under article 12 of the constitution of india. it is further held that the acquiring company thus, being ..... of the present petition on the ground of non-exercise of alternate remedy.19. it is not in dispute that the respondent is a government of india undertaking and as such a state within the meaning of article 12 of the constitution of india. the factual position is also not disputed by the parties to ..... 'state' within the meaning of article 12 of the constitution of india, even in contractual matters, it is expected to act reasonably and fairly. as held by the apex court in the case of hanil era textiles ltd. (cited supra), in a contract of insurance utmost good faith has to be observed. the representations made by the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC1489; 2006(3)BomCR260; (2006)4CompLJ4(SC); JT2006(3)SC235; 2006(3)SCALE1; (2006)3SCC434; [2006]67SCL107(SC)
..... .mr iqbal chagla, learned senior counsel appearing on behalf of the writ petitioner respondents, on the other hand, would urge that the undertaking directed to be given by the national textile corporation is commensurate with the suggestion given by mr parasaran before this court.245. so far as order of this court dated 11. ..... had been obtained from banks and other financial institutions by the auction purchasers - appellants for the said purpose. in some cases, the development agreements have been fully acted upon.268. some of the mills, as noticed hereinbefore, were closed but not referred to bifr. one mill, viz., bombay dyeing and manufacturing company limited wanted ..... which were raised by way of further written submissions. according to them, rmms is the only representative and approved trade union under the bombay industrial relations act for greater bombay. according to them, closure of the cotton mills affected 2,00,000 workers and because of the strike the mills defaulted in making .....
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