Court : Mumbai
Reported in : 2007(1)ALLMR601; 2007(2)BomCR147
..... as representative union or as qualified union is in relation to entire industry in any local area while registration as primary union is in relation to undertaking in such industry in said local area. the requirements of section 13 mentioned above clearly show large following which a representative union or qualified union is ..... is neither a representative union nor a qualified union, a union with not less than 15 percent membership of total number of employees employed in any undertaking in such industry in said area and complying with conditions specified in section 23 can be registered as 'primary union' for such industry in such local ..... proceeding might have commenced by an employee under section 42(4) of the act, the representative union alone can represent the employee and the employee cannot appear or act in such proceeding. 15. the following observation made by hidayatullah, c. j. in textile labour association, bhadra ahmedabad v. ahmedabad mill owners association, ahmedabad : (1970 .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)BomCR277; (2007)109BOMLR2536; [2008(119)FLR915]; 2008(4)MhLj324
..... unreported judgment dated 18th september, 2007 while answering; 'whether after one year, from the date of an order by closing down and undertaking under section 25(o)-(2) of the i.d. act, the tribunal adjudicating the reference under section 10 r/w 25o(5) would be functus officio and the adjudication proceedings would stand ..... genuine and adequate' if the tribunal, found it not in the interest of general public. therefore, such adjudication process cannot be rendered infructuous by referring to orissa textile and steel ltd. (supra) particularly, when the said issue was not before the supreme court. there cannot be any finality to the permission even if granted or ..... (supra) and ambica silk mills (supra) must be treated as impliedly overruled by the subsequent judgment of a learned constitution bench of the supreme court in orissa textile and steel limited v. state of orissa : (2002)illj858sc , in which the supreme court has clearly indicated that the period of 30 days for deciding a .....
Tag this Judgment!Court : Chennai
Reported in : (1984)ILLJ456Mad
..... banks are those belonging to or employed by the government. but the questions whether a statutory corporation is an establishment or an undertaking under the government. the fact is that the nationalised banks have got a separate entity of their own and are not the departments of the government, still having regard to ..... under the category of establishments under the central govt. referred to in s. 4(1) of the shops act. thus, the main question for consideration is whether the nationalised banks, i.e., banks constituted under act 5 of 1970, are establishments under the central govt. as contended for by the petitioner-banks.4. as ..... federal railway authority, a railway administration operating a federal railway, and cantonment authorities;'. 6. the word 'establishment' has been defined under s. 2(6) of the act as follows : '2(6) 'establishment' means a shop, commercial establishment, theatre or any place of public amusement or entertainment and includes such establishment as the government .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj24
..... , according to mr. gupta, has been made to expedite the grant of permits to the displaced operators, from the nationalised route on the alternative route or routes. 19. section 68-b of the act clearly states that the provisions of chapter iv-a and the rules and orders made thereunder shall have effect notwithstanding anything ..... into play and it provides that notwithstanding anything to the contrary contained in chapter iv, the regional transport authority shall issue such a permit to the state transport undertaking. sub-section (2) also provides for certain other actions to be taken by the regional transport authority to give effect to the approved scheme and it may ..... 1556 a question was raised before the supreme court whether it was necessary for the regional transport authority to publish the application filed by the state transport undertaking under section 68-e for the grant of permit on the notified route or area, and unless such an application was duly published and a notice thereof .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(4)ALD582
..... act, 1956. the primary function of corporation is promotion of textiles in the country. when a large number of textile mills in the country became sick, the central government nationalised 103 textile mills in the country in the year 1974 by an ordinance which is later replaced by nationalisation of sick textiles undertakings act. each mill so nationalised ..... the coimbatore and kerala and the divisional office at madras and trichy were controlling tamil nadu excluding coimbatore. but, subsequently these sick mills were nationalised in various states and were grouped together and nine subsidiary companies were formed by the corporation. however, the corporation deputed their officers and staff ..... corporation t.a. rules were not applicable to them and their conditions of service were only governed as per the provisions of shops and establishments act of the respective state in which they were working. the said show-rooms employees formed into an union as corporation show-room employees' union .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1990)ACC620; AIR1990MP17; 1989MPLJ773
..... by sections 68-d(3), 68-f(1) and 68-ff.5. chapter 1va of the act makes 'special provisions relating to state transport undertakings' in the sense that nationalisation of routes is contemplated thereunder for operation by state undertakings. on a bare reading of the conspectus of sections 68-a to 68-ff of the chapter, ..... section 68-f(1-c) in that context. as we have noted earlier, there are two stages of publication of a scheme of nationalisation. the same scheme 'proposed' by a state transport undertaking and published earlier, becomes 'approved' scheme when it is published subsequently in the official gazette by the state government, albeit, with or ..... relation to any area or route or portion thereof which may be 'run and operated by the state transport undertaking, whether to the exclusion, complete or partial, of other persons or otherwise''. for a scheme of nationalisation to be proposedunder section 68-c, gazette notification has to bepublished in that regard and similarly when itis ' .....
Tag this Judgment!Court : Chennai
Reported in : AIR2008Mad156; (2008)2MLJ783
..... to various class of vehicles, reserve permits, suspension or cancellation, renewal etc. chapter 6 of the motor vehicles act deals with special provisions relating to the state transport undertakings. as per section 98 of the act, the provisions of chapter vi and the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained ..... holding that the spare bus permit can be granted, is contrary to the approved scheme of nationalisation.(b) the order of the first respondent is without jurisdiction in so far as interpretation placed on section 72(2)(xvii) of the act and rule 176(7) of the tamil nadu motor vehicles rules, 1989. the grant ..... of mini bus permit is provided by a scheme of nationalisation formulated under chapter vi. further, in terms of section 98, the provisons of chapter .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC519; 2007(1)ALLMR(SC)918; [2007(112)FLR865]; 2006(13)SCALE195; (2007)1SCC491; 2007(3)SLJ88(SC); 2007AIRSCW58; 2007-I-LLJ801(SC)
..... decreed backwages as early as on 19.1.1988. 13. concluding his arguments the learned counsel submitted that, the ntc (up) ltd. was managing 11 nationalised textile mills in the state of uttar pradesh. on account of huge losses, obsolete technology, excess labour/staff force the company was referred to the board for ..... services had been discontinued upon completion of the probationary period on account of unsatisfactory work muir millsunit of national textile corporation (u.p) ltd. subsidiaryof national textile corpn. ltd. new delhi(a government of india undertaking)post box no.33,civil lines,kanpur-208 001dated: 4th june, 1982 ref no.sri. swayam prakash srivastava ..... the said institutions are imparting primary, secondary, graduate or postgraduate education cannot be called as 'workmen' within the meaning of section 2(s) of the act. imparting of education which is the main function of teachers cannot be considered as skilled or unskilled manual work or supervisory work or technical work or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC851; 2005(5)ALLMR(SC)405; [2005(104)FLR820]; JT2005(1)SC449; (2005)ILLJ853SC; (2005)2SCC638; 2005(2)SLJ358(SC); (2005)2UPLBEC1470
..... to operational and financial problems and later on the management was taken over by the central government under the coking coal mines (emergency provisions) act, 1971 followed by the coking coal mines (nationalisation) act, 1972. before the said bench, the decision in anakapalla cooperative agricultural and industrial society ltd. (supra) was referred to but was ..... compensation is awarded, he may be able to find out an alternative employment within a reasonable time. in the case of closure of an industrial undertaking the act contemplates payment of compensation alone.35. in construing a legal fiction the purpose for which it is created should be kept in mind and should not ..... would only be entitled to notice and compensation in accordance with section 25f. it is significant that in a case of transfer of an undertaking or closure of an undertaking in accordance with the aforesaid provisions, the benefit specifically given to the workmen is 'as if the workmen had been retrenched' and this .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1010; [2001]104CompCas506(SC); JT2001(2)SC242; 2001(1)SCALE575; (2001)3SCC482
..... court in the abovesaid judgments to the facts of the case in hand, it can be seen that the statute under section 11 of the act requires the board to undertake various activities to regulate the business of the securities market which requires constant and continuing supervision including investigation and instituting legal proceedings against the offending traders ..... the authority levying the fee the element of service required for collecting fee is satisfied. in the case of the sirsilk ltd. & ors. v. the textiles committee & ors. : air1989sc317 , this court held that when the entire proceeds of the fee are utilised in financing the various projects undertaken by the ..... there is no reasonable and sufficient correlation between the levy of fee and the services rendered by the textiles committee. it further held that when the levy of the fee is for the benefit of the entire textile industry, there is sufficient quid pro quo between the levy recovered and the services rendered to the industry .....
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