Judgment Search Results Home > Cases Phrase: the kerala essential articles control temoporary powers continuance act 1970 Court: patna Page 1 of about 26 results (0.127 seconds)

Rashtriya Koila Mazdoor Congress and ors. Vs. Steel Authority of India ...

Court : Patna

..... in view of various settlements, agreements and notifications issued by the central government under section 10 of the contract labour (regulation and abolition) act, 1970 and to declare that the nature of job being performed by the petitioners is permanent and perennial in nature and is of sufficient duration for more than 20 years and continuation of the petitioners to do the work under the contractors is unreasonable, unjustified, arbitrary and violative of articles 14, 16, 21 and 300a of the constitution of india.3. ..... in reply to the counter-affidavit the petitioners, in their rejoinder, have further stated that originally all coal washeries were controlled and managed by central coal washery organisation which is mainly engaged and carries on business of washing coal for use in various steel plants, thermal power stations. ..... this court in minerva mills case air 1980 sc 1789 in no uncertain terms laid down that the equality clause in the constitution does not speak of mere formal equality before the law but embodies the concept of real and substantive equality which strikes at the inequalities arising on account of vast social and economic differentiation and is thus consequently an essential ingredient of social and economic justice. .....

Tenughat Vidyut Nigam Ltd. Vs. the Union of India (Uoi) and ors.

Court : Patna

..... he also referred to section 63 of the act which provides for continuance of arrangements in regard to generation and supply of electricity power and supply of water and in that context the central government has been vested with power to give some directions to the state government or other authority concerned for the maintenance, so far practicable, of the previous arrangement.13. ..... on the other hand learned counsel for the state of jharkhand as well as learned counsel for the tvnl, ranchi who adopted stand of the former have submitted that once tvnl is accepted as a state undertaking, the purpose of lifting the veil is complete and thereafter by virtue of provisions of section 47 of the act the assets and liabilities relating to such undertaking which is admittedly of the existing state of bihar shall pass to the state in which the undertaking is located and therefore the only issue essential for deciding this appeal is to answer the question ..... state of kerala : (1997)iillj345sc in which also the principle that a company may be an instrumentality or agency of the government and therefore 'state' within the meaning of article-12 of the constitution but it cannot be held to be department or establishment of the government, has been reiterated. .....

Tata Engineering and Locomotive Co. Ltd. Vs. Singhbhum thekedar Mazdoo ...

Court : Patna

..... the jurisdiction of the state government under section 10 of the contract labour act as well as the industrial courts and were also violative of the appellants fundamental rights under articles 14 and 19(1)(g) of the constitution, (b) matter relating to abolition of contract employment in the appellant's establishment was not a matter of such general public importance of which the house committee could take cognizance, (c) respondents had no power to thrust upon the principal employer the employees of the contractor retrenched on account of abolition of contract labour system, and (d) those employed in the scrapyard were the employees of the ..... abolition of the contract labour system on account of prohibition under section 10 of the act, therefore, shall only remove the contractor and continue the work and the employment with the principal employer.....'. ..... , jamshedpur, under the provisions of the contract labour (regulation & abolition) act, 1970 (in short the contract labour act) and regularisation of the services of the members of the respondent-union as employees of telco. ..... under section 10(1) of the contract labour act, consultation with the advisory board is essential but the opinion of the advisory board is not binding on the state government. ..... state of kerala, 1974 (1) scc 68; narayan das v. .....

Bihar Sugar Mills Association and ors. Etc. Etc. Vs. the State of Biha ...

Court : Patna

Reported in : AIR2010Pat29,2010(58)BLJR175

..... in these writ petitions, the primary challenge is to the validity of the provisions contained in section 3(1) of the bihar electricity duty act, 1948 (hereinafter referred to as the act) and also regarding the validity of the notification issued by the state government fixing the rate of duty payable by the various sugar mills and other organizations generating electricity in their own power plants.the act was enacted for the levy of duty on the sale and consumption of electrical energy in the state of bihar. ..... there in exercise of the powers under section 3(2)(c) of the essential commodities act, the drugs (price control) order, 1979 was made. ..... the power of delegation is a constituent element of the legislative power as a whole under article 245 of the constitution and other relative articles and when the legislatures enact laws to meet the challenge of the complex socio-economic problems, they often find it convenient and necessary to delegate subsidiary or ancillary powers to delegates of their choice for carrying out the policy laid down by the acts as part of the administrative law. ..... state of kerala : air 1957 sc 657, the constitution bench of the supreme court observed thus:29. .....

Amar Singh and ors. Etc. Etc. Vs. the State of Bihar and ors. Etc. Etc ...

Court : Patna

..... to be broadly in agreement with the conclusion reached by him, subject to following additional materials and observations in this group of petitions under article 226 of the constitution of india, questioning the legality, validity and constitutionality of sub-section (4) of section 23 of the bihar tenancy act, 1885 (act 8 of 1987) ('tenancy act'), which came to be incorporated by the bihar tenancy (amendment) act, 1993 (bihar act 21, 1993) and also, resultant provisions in the 'bihar rent refixation rules, 1995' ..... from those left out of the group and that the differentia must have rational relation to the object sought to be achieved by the enactment in question.essential legislative functions cannot be delegated but where the law lays down the principles and affords guidance with the subordinate law making authority details may be left for being filled up by the executive or by other authorities vested with quasi-legislative power. ..... the recent decisions of the supreme court made it clear that the judiciary is firm in its constitutional obligations; and for the ultimate benefit of the nation, it will always continue to be the guardian of the rights and liberties of the ..... the broad criterion is whether the law strikes a proper balance between social control on one and the right of the individual on the ..... kerala : [1961]3scr77 , has held that a taxing statute is not wholly immune from attack on the ground that it violates article 14 although the policy itself is not the concern of the .....

Bihar Chamber of Commerce and Etc. Vs. State of Bihar and ors.

Court : Patna

..... there is another aspect of the matter, namely, both in the proviso to the charging section 3 and also in the section relating to grant of exemption under section 6, the impugned act does not prescribe any guideline or criteria for the exercise of power by the executive authority and as such it purports to authorise the executive authorities with un-canalised and unguided power to exercise its discretion and, therefore, is unreasonable and discriminatory and is also violative of the provisions contained in article 14 of the constitution. ..... as his lordship then was, speaking for the majority said :-- 'if power conferred by statute on any authority of the state is vagrant and unconfined and no standards or principles are laid down by the statute to guide and control the exercise of such power, the statute would be violative of the equality clause because it would permit arbitrary and capricious exercise of power, which is the antithesis of equality before law. ..... with a view to fulfil the above object and to make the provisions of the bihar finance act more workable it is essential that tax is levied and collected on certain goods entering the local areas of the state for consumption, use or sale ..... of madras reported in (1969) 2 scc 299: (air 1970 sc 508), relying on the principle in gajapati's case (air 1953 sc 375) (supra) the supreme court held at p. ..... state of kerala reported in air 1961 sc ..... state of kerala reported in air 1976 sc 182 : (1976 tax lr 1293) considered this question at .....

New India Sugar Mills Ltd. and Etc. Etc. Vs. State of Bihar and ors.

Court : Patna

..... he relied upon article 372 of the constitution of india and further submitted that since section 18g of the idr act empowers the central government to issue a notified order for controlling the production, supply, distribution, and fixing fair prices of articles relatable to the sugar industry, the molasses control order 1961 issued by the central government in exercise of such power had the effect of altering the state law by a competent authority. ..... the petitioners in this batch of writ petitions are sugar companies, which have challenged the constitutional validity of the bihar molasses control act, 1947 (hereinafter referred to as the state act), mainly on the ground of legislative competence of the bihar legislature to continue the provisions of the act after the enactment of the industries (development and regulation) act, 1951, and more particularly afterthe insertion of section 18g in the aforesaid act in the year 1953. ..... the impugned act was also challenged on another ground, namely, that the same was repugnant to act 65 of 1951 (idr act) and act 10 of 1995 (essential commodities act) and in the event of the court holding that the impugned act was within the legislative competence of the state legislature, it was void by reason of such repugnancy. ..... state of kerala, air 1972 sc 2301, air 1970 sc 1171, air 1980 sc 286, air 1982 sc 902, air 1985 sc 76 and (1991)4 scc 139. 20. .....

Kameshwar Rai Son of Sri Sheonarayan Rai, Vs. the State of Bihar Throu ...

Court : Patna

Reported in : 2009(57)BLJR2780

..... of the workman; or(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or(c) termination of the service of a workman on the ground of continued ill-health.sub-clause (bb) was added to section 2 by amendment act 49 of 1984 before the termination of services of the workers.6 ..... where, within the framework of the ordinary acceptation of the word, every single requirement of the definition clause is fulfilled, it would be wrong to take the definition as destroying the essential meaning of the word defined ..... court : 1986 (2) llj 492, the kerala high court held that appointment of an employee made without authority will be void ab initio and the termination of service will not be retrenchment ..... singh : air 1964 sc 521, a constitution bench of the apex court held that when an order is void, the authority who had issued it, had no power to make it and cannot override any legal rights. ..... the supreme court found that the corporation cannot terminate the services by pick and choose by giving 90 days notice or payment of salary in lieu of notice without assigning any reason as it would violate article 14 of the .....

Delhi Cloth and General Mills Co. Ltd. and ors. Vs. the Agricultural P ...

Court : Patna

..... the state marketing act was ultra vires the powers of the state legislature to the extent it had been made applicable to products of industry declared to be under the control of the union under entry 52, list, i to the seventh schedule of the constitution of india, particularly in view of section 8 of the industries regulation act, 1951, and section 3 of the essential commodities act, 1955, read with the ..... article or class thereof to sell the whole or the part of the articles so manufactured or produced during a specified period or to sell the whole or a part of the article so held in stock to such person or class of persons and in such circumstances as may be specified in the order;(e) for regulating or prohibiting any class of commercial or financial transactions relating to such article or class thereof which in the opinion of the authority making the ..... the provisions of this act, the rules and bye-laws.explanation- a municipality or other legal authority or any other person shall not be deemed to set up, establish or continue or allow to be set up, established or continued a place as a place for the purchase, sale, storage or processing of agricultural produce within the meaning of this section, if the quantity is as may be prescribed and the seller is himself the producer of the ..... kerala, air 1981 sc 1863, the supreme court went into the question of the distinction between 'fee and tax' and the concept of the execution fee and observed as follows : 'the ..... 1970 sc 1880 : (1970 .....

Ranchi Timber Traders Association and ors. Vs. State of Bihar and ors.

Court : Patna

..... the bihar forest produce (regulation of trade) act has been enacred, as evident from the object and perusal of the different provisions of the act, for the purpose of providing monopoly to the state in trade of specified forest produce and the bihar saw mills (regulations) act has been enacted to control the activities of the millers of the saw mills. ..... the said order was issued by the central government in pursuance of the power vested under clause 3 and 4 of the essential supplies (temporary powers) act, 1946. ..... 4) in view of the provision contained under the bihar forest produce (regulation of trade) act and bihar saw mills (regulations) act 1990 the provision of the transit rules stand impliedly repealed as there is an elaborate provision under the aforesaid acts regarding control and management over the forest produce including control over the transportation of the forest produce. 8. ..... the fundamental right granted under article 19(1)(g) of the constitution of india giving rights to the citizen to carry on occupation, trade and business is not absolute but controlled by the provisions contained under clause 6 of the said article, which empower the state government to put reasonable restriction on exercise of the aforesaid right. ..... , air 1970 sc 93. 20. .....