Court : Kolkata
Reported in : 1973CriLJ1361
..... of the second party, who are believers in non-violence and were merely exercising their legal rights to carry on a lawful agitation in an office of a nationalised bank whereto they belonged; (d) the dispute is essentially an industrial one arising out of the non-implementation of the terms of a bi-partite agreement between ..... 19(1). it merely prohibits them from exercising any of them within the railway premises.it was further observed thatthe fact that the indian railways are state undertaking does not affect their right to enjoy their properties in the same manner as any private individual may do subject only to such restrictions as the law ..... expressly or by necessary implication.it was further observed at p. 841 thatthe real enquiry therefore in this appeal is whether the west bengal (requisition and acquisition) act, 1948 specifically or by necessary implication excludes the provision of notice as part of natural justice claimed by the appellants.and on an analysis, of the aforesaid .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1227; [1973(26)FLR359]; (1973)ILLJ278SC; (1973)1SCC813; [1973]3SCR587
..... decision in buckingham and cernatic company ltd, by its managing agents binny and co., madras v. workers of the company represented by the madras labour union and madras textile workers union 19521 lab app cas 490, the labour appellate tribunal held that the decision f the management in relation to the charges against the employee will not prevail ..... has been, a judge of a high sourt; or x x x x(e) he has been the presiding officer of a labour court constituted under any provincial act or state act for not less than five years.68. the words 'has been a judge of a high court' denote a past event, on the date of his appointment, ..... . mr. setalvad, learned counsel, appearing for larsen & toubro ltd. adopted these contentions of mr. damania. he, however, referred us to the provisions of section 33 of the act. according to him when the previous permission or an approval for dismissing discharging a workman has been obtained under section 33, the tribunal concerned would have applied its mind and .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj4; 1973()WLN424
..... functions have been taken away. they include, in addition to the execution of the laws, the maintenance of public order, the management of crown property and nationalised industries and services, the direction of foreign policy, the conduct of military operations and the provision or supervision of such services as education, public health, transport, ..... substituted with the object to make it clear that the union government as well as the state government are competent to carry on any commercial or industrial undertaking whether or not it is related to a matter within the legislative competence of the union or as the case may be of the state. similarly, ..... officer awarded compensation. rameshwar daval not being satisfied with the award asked the land acquisition officer to make a reference under section 18 of the land acquisition act. the district judge, kota, who heard the reference, increased the amount of compensation. it was against that order of the learned district judge that the .....
Tag this Judgment!Court : Chennai
Reported in : (1973)2MLJ212
..... the madras enactments, viz., madras act xvi of 1971 providing a ceiling of 10 permits and act xxxvii of 1971, dealing with the operators owning more than ..... and passengers by road, and its many ancillary powers included that of acquiring by agreement any road transport undertaking and any securities of any body corporate carrying on or about to carry on a road transport undertaking.his contention is that nationalisation is the order of the day, and he referred to the provisions of chapter iv-a and ..... v. state of uttar pradesh and ors. 1964 s.c. 1230 : (1964)2 s.c.j. 652, relating to land required for a company for the construction of textile machinery parts factory by lakshmi ratan engineering works limited, kanpur, wanchoo, j., as he then was, observed at page 1240 as follows:then it is urged that the acquisition .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... . we ended with some of the very recent decisions of this court like the bank nationalisation case [1970] 3 s.c.r. 530 in which a bench of 11 judges held by a majority of 10 to 1 that the banking companies (acquisition and transfer of undertakings) act, 1969 violated the guarantee of compensation under article 31(2) in that, it provided for ..... to him, in u.p. alone (he said "i presume that if at any time this legislature chooses to nationalise industry, and take control of it, whether it be all the industries or any particular class of it, such as the textile industry or mines, it will be open to it to pass a law and to frame the principles for such ..... or the orders made thereunder. in other words, the orders made under section 3 would be operative in regard to the essential commodity covered by the textile control order wherever there is repugnancy in this order with the existing laws and to that extent the existing laws with regard to those commodities will not operate. by passing .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi311
..... of assets which would undoubtedly be detrimental to the public interest. a reference to the long title of the impugned act would also show that these sick textile undertakings have been taken over pending nationalisation of such undertakings and for the expeditious rehabilitation of such undertakings so that such rehabilitation sub-serves the interest of general public.(76) the policy and purpose of a given measure ..... part of it and there is no question of paying any amount to the petitioners for it at this stage, because the impugned act is taking over only the management and is not an act for nationalising and acquiring the sick textile undertaking. in our view the petitioners have failed to prove that there has been any non-compliance with article 31(2) of the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1973Delhi570
..... government. (11) daring the pendency of the said petition the impugned ordinance was repealed anti re-enacted by the sick textile undertaking (taking over of management) act 1972, being act no. 72/72 (hereinafter to be referred as the impugned act). the impugned act was published in the official gazette on 23-12-1972. but by virtue of section 1(2) it shall be ..... in which the plea that as a minister in charge of the portfolio of the transport department had presided over the sub-committee constituted to implement the scheme of nationalisation of bus service, the same minister could not have decided the objections on the plea of bias and disqualification was negatived. this case has obviously no relevance to ..... now. in this connection we may refer to a decision of the supreme court in c.a. 672172 decided on 9th january 1973. in that case the nationalisation scheme by the state of madras was attacked amongst others on one of the reasons that after the government had taken a policy decision of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H140
..... comprised of the erstwhile state of punjab before the merger of pepsu area, a scheme (hereinafter referred to as the punjab scheme) for nationalisation of the transport routes under chapter iv-a of the act, was in operation and the said punjab scheme was called the 50-50 scheme. this scheme was evolved for a limited period and after ..... state and thus are admittedly governed by the pepsu scheme. it is alleged that in the pepsu scheme, all inter-state routes have to be run by the state undertaking, therefore, the permits on ludhiana-ambala cantt. route which they had obtained under the authority of the regional transport authority, patiala, which authority had the jurisdiction over ..... the same ratio, that is, 60-40 but the new inter-state routes and increase on the existing inter-state routes will exclusively be operated by the state undertaking. as i have already pointed out, this scheme covers the area of the erstwhile state of punjab before the merger of pepsu and punjab and the claims of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN906
..... insertion of chapter iva in the m.v. act was to facilitate the introduction or expansion of nationalisation of transport service & to encourage the grant of monopoly permits to the state transport undertaking & to cover other ancillary matters. having regard to the object of the act and the scheme of section 68-c of the ..... m.v act there is no justification for taking a ..... the petitioners is that the state road transport corporation (hereinafter called the corporation) having been superseded, there is no state undertaking to continue proceedings under chapter iva of the moter vehicles act. it was argued that the corporation alone could continue proceedings and the administrator looking after the affairs of the corporation .....
Tag this Judgment!Court : Delhi
Reported in : [1974]44CompCas359(Delhi); [1974]95ITR229(Delhi)
..... a subsequent order, make provision for all or any of the following matters:-- (i) the transfer to the transferee-company of the whole or any part of the undertaking, property or liabilities of any transferor-company; (ii) the allotment or appropriation by the transferee-company of any shares, debentures, policies, or other like interests in that ..... of the company, concerned in the scheme, the court may either by the order sanctioning the compromise or arrangement make provisions for various matters which are referred to in clauses (a) to (e) of section 153a(1) of the act of 1913 and clauses (i) to ..... corresponding provisions in the act of 1956, inter alia, provide that, in case the compromise or arrangement has been proposed for the purpose of or in connection with a scheme of reconstruction of a company or the amalgamation of two or more companies and such scheme provides for the transfer of the undertaking or the property .....
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