Court : Allahabad
Reported in : 2000(4)AWC3403
..... court was interpreting sub-section (2) of section 3 of the textile undertakings (taking over of management) act (40 of 1983) where the words used were 'assets in ..... forms part of the undertaking and it was not necessary that such land should have been under the use of the company prior to the date of vesting as the definition under section 4 of the nationalisation act does not put such a restriction before the vesting of such land in the national textile corporation. the supreme ..... , air 1996 sc 403. in this case, the premises were occupied by tata mills limited. it s assets were acquired under section 3 of the textile undertaking (taking over of management) act (40 of 1983). the associated building co. ltd. and others pleaded that tata mills was given possession of a portion of the disputed premises known .....
Tag this Judgment!Court : Allahabad
Reported in : [2008(117)FLR640]
..... over by the government of india under the industrial (development and regulation) act, 1952 vide gazette notification dated 22.12.1965. subsequent to the same, the mill was nationalized by the government of india under the sick textile undertaking (nationalization) act, 1974 (act no. 57 of 1974). after nationalization by the central government, the ..... petitioner mill along with its entire property stood vested in the central government under section 3(1) act no. 57 of 1974. under section 3(2) of the paid act, the mill stood ..... for industrial and financial reconstruction (bifr) under the provisions of the board for industrial and financial reconstruction act, 1985, and the case was registered as reference no. 504 of 1993, and the national textile corporation ltd., including petitioner, had been declared as sick unit. the bifr vide its order dated 21 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1984All234
..... clause (b) or clause (c) of article 39 was given by the constitution (twenty-fifth amendment) act, 1971 itself and secondly, because the sick textile undertakings (nationalisation) act had been enacted before the constitution (forty-second amendment) act, 1976.'the supreme court also expressed its doubts about the correctness of the decision in minerva mills case ..... said local bodies with their limited resources and know-how and due to other factors have not been able to relieve the housing shortage and to undertake the requisite development of land. there are areas in this state with immense potentialities of development, but they still remain as they were a ..... substantiate his submission that for purposes of acquisition of property in connection with a scheme formulated under the adhiniyam subsequent amendments made in the land acquisition act. would be relevant, learned counsel for the petitioner referred us to various observations made by the supreme court in the cases of the collector of .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(2)AWC1890; [2008(117)FLR273]
..... stood vested in the central government under section 3(1) of the nationalisation act and under section 3 (2), it stood transferred and vested in the nationalization ..... the application of the workman under section 33-c(2) of u.p. industrial disputes act, 1947.3. the petitioner mill was earlier a private enterprise but when it closed down, firstly its management was taken over and thereafter the mill was nationalised under the sick textile undertaking (nationalization) act, 1974. the effect of nationalization was that the petitioner mill along with its entire property .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC437
..... commissioner, himself, a copy of the same shall be forwarded to the occupier of the industrial establishment concerned.u.p. industrial disputes act, 1947section 2-k :'industry' means any business, trade, undertaking, manufacture or calling of employers and includes any calling service, employment, handicraft, or industrial occupation or avocation of workmen. section 2- ..... . classification by grades.8. rules of discipline.9. rationalisation10. retrenchment of workmen and closure of establishment.10-a. any matter relating to the closure of undertaking of an industrial establishment.11. any other matter that may be prescribed.13. on the basis of arguments which have been advanced, the first question to ..... in w.p. no. 4206 of 1991 and said judgments occupied the field till 17.1.2002 when hon'ble apex court in the case of orissa textiles and steels ltd. v. state of orissa, 2002 (92) flr 648, declared the aforementioned provisions intra-vires. the said constitution bench, judgment nowhere has .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2054
..... expression, 'has been determined for any reason whatsoever.'27. in ashoka marketing ltd. (supra). it was contended before the supreme court that the nationalised bank and life insurance corporation are trading corporations and under the provisions of enactment, whereby they are constituted, are required to carry on their business ..... 1992, which have to be followed by public sector undertakings. firstly, these guidelines have been issued by the ministry of urban development. government of india in respect of public sector undertaking for taking eviction proceedings under the public premises (eviction of unauthorised occupants) act, 1971. the guidelines cannot be applied retrospectively as ..... it was stated that respondent no. 1 was let out the shop in question prior to the enforcement of public premises (eviction of unauthorised occupants) act, 1971 and, therefore, the tenancy could not be terminated. the respondent did not vacate the disputed accommodation after expiry of period given in the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1995All162
..... are reproduced below:'that, it is stated that in order to mitigate the anxiety in this regard the deponent on behalf of the state government undertakes to get the order issued immediately to the respective district magistrates or any other authority which this hon'ble court may direct for disposal after ..... in this part, any provisions of any lawrelating to panchayats is in force' in a stateimmediately before the commencement of theconstitution (seventy-second amendment)act, 1992, which is inconsistent with theprovisions of this part, shall continue to be inforce until amended or repealed by acompetent legislature or other competentauthority or ..... to legislate by incorporating what the constitution of india had intended.3. to precipitate local self-governmentin the villages as a constitutional obligation,the constitution amendment act itself permitted the constituents of the existing gaonsabha, the gaon panchayat, the nyay panchayat, the pradhans. up-pradhans, etc. tocontinue for a period .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All257
..... a reasonable restriction to the fundamental right of a citizen to carry on trade granted by article 19(1)(g).i do not mean to say that every act of nationalisation of a trade has been considered to be a reasonable restriction. but what i do think is that the constitution itself has considered it legal, under ..... the opinion that it would not be correct to say that the right granted by the permit to use the highway was an interest in any property or undertaking. the undertaking, consisted of the buses, the passenger stations and other property belonging to the petitioners but it cannot be said to include the common law right of ..... that certain services essential to the community may, if left to individual enterprise, yield profits or gains to the enterprising individual, does not necessarily make such services business undertakings in their essence.it was argued that anything that was likely to yield monetary gain to any person must be considered as potential fields for business: that may, .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1761; (2000)2UPLBEC1270
..... . thus, in pursuance of the powers under entry no. 5 of list ii the state legislatures have enacted the coal mines nationalisation act, 1973.28. we have already referred the various relevant provisions of special area development act that the powers of municipal administration has been conferred on the special area development authority. thus, the special area ..... raising, winning or extracting coal. the reference was made to rule 3 of the u.p.m.m.c. rules, which provides that no person shall undertake any mining operations in any area within the state of any minor mineral except in accordance with the terms and conditions of a mining lease or mining permit ..... granted or renewed for mining operations in relation to minerals (providing operation for raising, winning or extracting coal) as defined in the mines and minerals (regulation and development) act, 1957 (act no. 67 of 1957). 3. (1) the authority, subject to sub-rules (2) and (3) impose a cess on mineral rights on such minerals and .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC2526; [2005(104)FLR6]; (2004)2UPLBEC1969
..... a contract of apprenticeship a person is bound to another for the purpose of learning a trade or calling, the apprentice undertaking to service the master for the purpose of being taught, and the master undertaking to teach the apprentice. where teaching on the part of the master or learning on the part of the other person ..... , supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, ..... or approved by the state government and, therefore, by any stretch of imagination he cannot be treated to be a workman falling under the provisions of the act. according to him, merely because the provident fund and the employees state insurance contribution had been deducted from the emolument paid to the petitioner, he would not .....
Tag this Judgment!