Court : Allahabad
Reported in : (1998)ILLJ1101All
..... the view taken by the tribunal is not correct.learned counsel for the respondent, on the other hand has submitted that the petitioner is an industry as it undertakes systematic activity with the help of organised labour force and the conditions laid down for determining the industry in bangalore water supply and sewerage board's (supra) ..... case are fully satisfied and the award does not suffer from any error of law. the preamble of the act reads as under: 'an act to provide for the regulation of sale and purchase of agricultural produce and for the establishment, superintendence and control of markets therefor in uttar pradesh.' ..... it was held that the extra departmental employees in postal department are also civil servants and not workmen and thus the provisions of section 6-n of the act shall be applicable. sections 23 and 23-a of the adhiniyam are enabling provisions and under provisions centralised service may be constituted by the board. however there .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)ESC2298
..... may be...unless section 49 is suitably amended and a separate source of recruitment by way of internal promotion is contemplated by the act there would remain no occasion of undertaking any exercise of fixing inter se seniority between ex cadre employees and cadre employees. it is not in dispute between the parties that ..... 1 year 10+2management11. advance diploma in fashion 2 years 10+212. advance diploma in textile 2 years 10+2designing13. advance diploma in interior 2 years 10+2 designing14. advance diploma in apparel' 2 years 10+2production & materialising management15. advance diploma in ..... +2education4. diploma in community health 1 year 10+2worker5. diploma in nutrition & 1 year 10+2 dietetics6. diploma in fashion 1 year 10+27. diploma in textile design 1 year 10+28. diploma in interior design 1 year 10+29. diploma in apparel production 1 year 10+2& merchandising management10. diploma in fashion retail .....
Tag this Judgment!Court : Allahabad
Reported in : [2006(107)FLR495]
..... orders given him in the course of his work, an independent contractor, on the other hand, is entirely independent of any control or interference and merely undertakes to produce a specified result, employing his own means to produce that result. an agent, though bound to exercise his authority in accordance with all ..... the inspectors for making inspection of shop or commercial establishment and examine the inspector appointed under the act having assigned the duties of inspecting the shops and commercial establishment in the area in question but without undertaking such exercise and making any inquiry in this regard it appears that since the petitioner's shop ..... has been registered under the provisions of act, 1962, therefore, labour court has erroneously assumed that the owner of commercial shop .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2545
..... to the respondents, apart from charging export pass fee, the state government allows transportation of spirit under general and special bond by which the exporter undertakes to transport the spirit to its destination in its destination in its entire bulk and also binds himself to pay damages to the state government if ..... fees based on quid pro quo. see in this connection, the observations of indian mica case.'87. on an analysis of the various abkari acts and excise acts, it appears that various provinces/state reserve to themselves in their respective states the right to transfer exclusive or other privileges only in respect of ..... carrying on the manufacturing process therein, the petitioner has been granted requisite licence by the central government under the provisions of the industries (regulation and development) act, 1951 (hereinafter referred to as 'the apt'). in the distillery, the petitioner manufactures industrial alcohol and rectified spirit. according to the petitioner, it does .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1654; 2005(2)ESC1069; [2005(104)FLR231]
..... for the mission and pursues it within passion, attracts others into the institution, not for wages but for sharing in the cause and its fulfilment, then the undertaking is not 'industrial'. not that the presence of charitable impulse extricates the institution from the definition in section 2(j) but that there is no economic ..... ' salary. the fact that the employers could have paid four months salary while terminating the service in compliance of the provisions of section 6n of the act cannot be justified the termination. the termination having been done in violation of section 6n. the fact that the employers could have terminated the services of ..... of the petitioner were terminated with effect from 5.6.2000. a reference was made by the state government under section 4k of the u.p. industrial disputes act, 1947 to the industrial tribunal (i) allahabad. adjudication case no. 95 of 2001 was registered. petitioner filed written statement and a supplementary written statement. written statement .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1561
..... officer, kanpur nagar, in writ petition no. 41420 of 2004. this court passed an interim order on 5.10.2004 directing the authority concerned not to undertake any action pursuant to the advertisement and further stayed the operation of the order dated 6.9.2004. a special appeal was preferred against the said interim order ..... necessary corollary to the same, since the appointments to the post of teachers have to be made by way of selection and recommendations under the 1982 act, the said act would also apply to the institution.20. learned standing counsel for the state invited the attention of the court to a government order dated 24.11. ..... detailed conditions required to be fulfilled for grant of recognition by the board contained in chapter-vii of the regulations framed under the u.p. intermediate education act. regulation 9 of chapter-vii provides as a condition precedent that the scheme of administration for managing the institution should be approved by the competent authority. the .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1272
..... reading of the aforesaid provisions of act it is clear that before holding a person guilty of civil contempt it is necessary to prove that there is a wilful ..... civil contempt as under :2. definitions.--in this act, unless the context otherwise requires.(a) contempt of court' means civil contempt or criminal contempt;(b) 'civil contempt' means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court;12. from a bare ..... disobedience by the said person in judgment, decree, direction, order, writ or other process of the court or wilful breach of an undertaking given to a court. thus .....
Tag this Judgment!Court : Allahabad
Reported in : (1996)133CTR(All)375; [1996]220ITR78(All); [1996]86TAXMAN133(All)
..... firm in which the assessee was a partner. debit balance, in our view, cannot be taken to be an asset of the industrial undertaking belonging to the assessee's firm.14. section 2(e) of the act defines the word 'assets'. from the inclusive definition given under section 2(e) it is clear that the word 'assets' includes ..... the assessee is a partner is admittedly such an undertaking. therefore, even if it is assumed that the debit balance in the capital account of ..... , any property in respect of which the wealth-tax is not chargeable under this act are deductible.9. to elaborate his point of view, the judicial member held :' in the present case, no wealth-tax is chargeable under this act in respect of an industrial undertaking within the meaning of section 5(1)(xxxi), (xxxii). the firm in which .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)1UPLBEC331
..... the guideline the government of india had categorically provided that posts relatable to a territory which includes village, tehsil, district, division or region including projects undertaking where such territories have been transferred in their entirity to the successor state of uttaranchal shall deem to be post of successor state of uttaranchal on or ..... of petitioner employees by the impugned order to state of uttaranchal in pursuance to provision contained in u.p. reorganization act, 2000 (act no. 29 of 2000) (hereinafter referred as act). the act was promulgated by parliament on 25th august, 2000 and it was notified in the official gazette on 9.11.2000 which ..... them had proceeded ahead to obtain option from the horticulture department and settled their placement, without having a look to the statutory provisions of the act. under the garb of government of india office memorandum dated 13.9.2000 referred hereinabove options were invited from the employees. in consequence thereof by .....
Tag this Judgment!Court : Allahabad
Reported in : 1995(78)ELT129(All)
..... the ms sheets are of very inferior quality in comparison to tpww. the petitioner is registered with the d.g.t. & d as an industrial undertaking manufacturing metal containers and agricultural implements. in the manufacture of metal containers generally tin plates taste/waste are used as raw materials and for agricultural implements ..... counter-affidavit filed by shri u.c. sharma posted as warehousing manager, central warehousing corporation, ghaziabad, it has been alleged that under the provision of customs act all the importers are supposed to store their goods with the warehouse keeper appointed by the collector, customs, under strict supervision of the customs staff. the ..... at the hands of the asstt. collector.29. another difficulty that arises is that simply by issuing a demand notice under section 63 of the act, the warehousing charges cannot be claimed, because warehousing is a technical expression as contained in definition under section 2(43). warehouse means a public warehouse .....
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