Judgment Search Results Home > Cases Phrase: the kerala warehouses act 1960 Court: mumbai Page 1 of about 5,149 results (0.184 seconds)

The Premier Automobiles Employees' Union and Ors. Vs. the Premier Auto ...

Court : Mumbai

Reported in : (1995)IIILLJ840Bom

..... it is declared that the 1st respondent's notice dated 2nd january 1978 is unlawful and bad in law; that the 1st respondent is bound to pay to its workmen at the kurla and wadala plants all wages and emoluments for the period 17th january 1978 to 24th april 1978; and that in not having done so, the 1st respondent is guilty of the unfair labour practice set out in item 9 of schedule iv of the act. 35. ..... the finding of the industrial court that the failure to implement the agreement as envisaged under item 9 of schedule iv of the act was only the failure to implement the agreement from its inception and not thereafter is not correct. ..... the workmen at the manpada plant having refused to restore normalcy in production and having incited the workmen there to resort to acts of indiscipline and sabotage, the suspension of working at the manpada plant and, consequently, the kurla ; and wadala plants and the registered office had become inevitable. ..... the trade union of its employees had then made an application to the labour court under section 25(2) of the act praying for a declaration that in the guise of such suspension the 1st respondent had resorted to a lock-out and that the lock-out was illegal. ..... at about this time, complaints were also made by the other trade union alleging that the 1st respondent was guilty of the unfair labour practice mentioned in item 6 of schedule ii of the act, namely, of 'proposing or continuing a lockout deemed to be illegal under this act.' 7. .....

Shri Krishna Petro Yarns Ltd. Vs. Union of India

Court : Mumbai

Reported in : 1993(3)BomCR313; 1995(75)ELT753(Bom)

..... the question involved in these writ petitions is as under :- 'on importation of goods under ogl if the importers had kept the same in the warehouse under section 59 of the act and after expiry of statutory period of three months if they clear the goods under the advance licence issued under deec scheme, whether such importers are liable to pay interest on the amount of duty which was assessed and ascertained on the date of warehousing until the goods is cleared under section 68 of the act [excluding the free period of three months]. ..... . on these facts, the kerala high court has observed as follows : 'a reading of the relevant provisions of the act would show that the liability to pay interest cannot be delinked or divorced from the liability to pay duty ..... sethna urged that the decision of the kerala high court is under section 59(1)(b) of the act and, therefore, the same is clearly distinguishable. mr. ..... . it is true that the kerala high court in the case of thungabhadra (supra) had held that interest is linked up with the duty and if on the date of clearance, goods were exempted from duty, the question of payment of interest on such nil duty would not arise ..... . this decision of the kerala high court is under section 59(1)(b) of the act ..... . reverting back to the submissions based on section 59(1)(b) and section 61(2) of the act, the main thrust of the arguments on behalf of the petitioners is to the decision of the kerala high court .....

Associated Cement Cos. Ltd. Vs. the Regional Director, E.S.i.C.

Court : Mumbai

Reported in : (1981)83BOMLR504

..... on the admitted position the employees working in these offices are doing the work connected with the administration of the 13 factories which are not covered by the act and as major portion of their work weighed either on the technique of workload or otherwise is in connection with the factories not covered by the act, the learned judge of the trial court committed an error in coming to the conclusion that the employees working in these offices are the employees with the meaning of section 2(9) of the act. ..... in that case the kerala high court was concerned with a question as to whether the employee concerned was employed principally for doing the work of a particular factory although he may be doing some other work also. ..... therefore, relying upon the decision of the kerala high court in tata oil mills co, ltd. ..... in that context the kerala high court applied the principle of degree of relationship with the factory with which the employee was sought to be connected for the purpose?! ..... the decision of the kerala high court in tata oil mills case (supra) is distinguishable on facts. ..... therefore i respectfully agree with the view taken by the allahabad, kerala and madras high courts in (1) anand kumar v. e.s.i.c. ..... in support of his contentions, shri jaykar has relied upon the decisions of kerala and madras high courts, in m/s. ..... employees' state insurance corporation : air1957all136 and by kerala and madras high court in m/s. .....

Zeeta S. Cruz Vs. Anil Pradeep Sachdev

Court : Mumbai

..... dated 30th september 2013 passed by the additional commissioner, konkan division, mumbai rejecting the applicant's revision application under section 44 of the maharashtra rent control act, 1999 (mrc act) in appeal/desk/mrca/ rev/492/2012 upholding the order dated 28th august 2012 passed by the competent authority, konkan division, mumbai under the mrc act rejecting the application filed by the applicant for leave to defend case no.2 of 2012 and passing the order directing the applicant to hand over vacant and peaceful ..... moreover, the respondent also permitted the applicant to use the said premises for commercial activities by his email dated 6th may 2009 which reads thus: "dear madam, i hereby allow and give you permission to carry out kerala ayurvedic treatment at the premises which i have leased to you. ..... he further submits that if the civil revision application is not allowed, irreparable loss, harm and injury will be caused to the applicant, as on today, the applicant is in possession of the suit flat and doing her commercial activities such as kerala ayurvedic treatment center. 9. ..... he submits that the suit flat is situated in a residential society and there is no permission from mumbai municipal corporation and/or any authority to use the said flat for commercial activities such as kerala ayurvedic treatment center. ..... kerala ayurvedic treatment center. ..... kerala ayurvedic treatment center. .....

M/S. Kec International Ltd. Vs. Kamani Employees Union and Others

Court : Mumbai

Reported in : 1998(3)ALLMR259; 1998(3)BomCR590

..... that it was necessary to see what was theapprehension of the respondent/union of the workmen concerned that there waslikelihood of retrenchment due to installation of the said photo composing machines.in that context the division bench observed as under:-'.....it was open to them to raise, at the time of installation of such machines or immediately thereafter, an industrial dispute under the act on the question whether the appellant had introduced a change which necessitated notice of change under section 9-a of the act and which was, therefore, in its absence illegal and ..... the full bench of the kerala high court in the case of p.v. ..... the full bench of the kerala high court noted that there must be a change in the conditions of service applicable to any workman. ..... a full bench of the kerala high in the case of p.v. ..... the full bench of the kerala high court has held that such actions are invalid ab initio.16. ..... the full bench of the kerala high court noted the judgment in tata iron & steel company limited (supra) as also another judgment in india oil corporation, reported in : (1975)iillj319sc to the effect that even of implied conditions of services are attracted, section 9-a of the i.d. .....

Munshaw Industries, Proprietor, Texind Corporation Pvt. Ltd. Vs. Emplo ...

Court : Mumbai

Reported in : 2005(2)ALLMR39; 2005(3)BomCR376; [2005(106)FLR346]; (2005)IILLJ112Bom

..... in esha steel (supra), the apex court was of the view that while considering the provisions of section 25fff and 25g of the industrial disputes act, notwithstanding the fact that the nature of business carried out by the firm running the two factories was the same, the closure of one factory did not hamper the existence of the other and, therefore, there was no functional integrality.12. ..... the kerala high court has relied on the judgment of the apex court in the case of acc limited v. ..... in madona textiles (supra), the kerala high court has held that when there is geographical unity, functional integrality and unity of management among the units in question to a large extent, the employees of all the units could be considered as being employed in one unit. ..... there is no doubt that the five units which are situated either in the same premises or in the precincts of the premises are involved in manufacturing process and therefore, the esi act is applicable as the number of employees working in each of the five units was between 5 and 7.13. ..... being aggrieved by this order, the appellant preferred an application under section 75 of the employees state insurance corporation act (for short, hereinafter referred to as 'the act') before the employees state insurance court on 2.4.1985 claiming that the act was not applicable to it. ..... workmen, : (1960)illj1sc . .....

Bombay Union Dyeing and Bleaching Mills Vs. Narayan Tukaram More and a ...

Court : Mumbai

Reported in : (1980)IILLJ424Bom; 1980MhLJ171

..... . rejecting the contention of the employer, the kerala high court observed as follows : 'it appears to me that when once it is shown that a person is employed on wages as contra distinct to being engaged on wages the payment of gratuity act applies to such person because the period of service including the period during which he was given no work due to no fault of his would be a period of continuous service.' 34 ..... . in that context referring to the period during which these employees who were in employment but were not given work, the kerala high court pointed out that if the employee was willing to work but work was not given to the employee, the period when he had no work cannot be considered as period of interrupted service ..... . now, these observations of the kerala high court indicate that the employees were in service even during the time when they were not given any work, that is to say that they were under a contract of employment, but that they were working only when they were given work and that if they ..... . scheme and the provident fund act or the claim of the badly employees who had worked for more than 240 days in most of the mills at sholapur for privilege leave was accepted by the industrial court would be relevant for determining whether a badly employee can be said to be in continuous service as contemplated by the provisions of the gratuity act even during the period when he did not do any work as a badly worker .....

Ashok Ganapat Jadhav and anr. Vs. State Election Commission and ors.

Court : Mumbai

Reported in : 2000(4)MhLj150

..... pursuant to the 73rd constitutional amendment, the state of maharashtra amended the provisions of the act and more particularly provisions of section 4 of the act by maharashtra amendment 21 of 1994 and the amended provisions of section 4 read asunder : -'4(1) every village specified in the notification issued under clause (g) of article 243 of the constitution of india and thereupon the local area shall be so included or excluded, or the limits of the village so altered, or, as the case may be, the local area shall cease to be a village. '7. ..... as observed hereinabove consequent to the said 73rd amendment to the constitution the government of maharashtra has amended by the provisions of section 4 of the act and the term 'village' has been defined by the constitution in article 243(g) to mean a village specified by the government by public notification to be a village for the purpose of part ix of the constitution and includes a group of villages so specified. ..... , decided by the division bench of this court the extension of the municipal corporation area of aurangabad city under the provisions of section 3 of the bombay provincial municipal corporations act, 1949 (corporations act for short) came to be challenged on the ground that the principles of natural justice were violated inasmuch as there was no opportunity of hearing given to the villagers concerned which were brought within the extended corporation limits. .....

international Airports Authority Employees Union Vs. International Air ...

Court : Mumbai

Reported in : 2002(5)BomCR43; (2002)IIILLJ277Bom

..... offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the court is under the age of sixteen years, may be tried by the court of a chief judicial magistrate, or by any court specially empowered under the children act, 1960, or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders. ..... shall be subject to the following conditions, namely:(v)(a) in cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work:provided that in the case of any disagreement with regard to the type of work the same shall be decided by the chief labour commissioner ..... singhvi invited our attention to the judgment of the kerala high court in the case of kerala state coir corporation ltd. ..... moreover the contention in the present case did not fall for consideration before the kerala high ..... , in the case before the kerala high court, the security personnel were supplied by the registered society whose role was 'only' to supply the persons to do the work. ..... the award was challenged before the kerala high court. .....

indus Agro Products Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2007(3)BomCR468; [2006(111)FLR743]; (2006)IIILLJ598Bom; 2006(44)MhLj136

..... in question, in an auction sale conducted by msfc under section 29 of the sfc act, 1951, section 11(2) of the epf act, 1952 and the priority set out therein cannot apply to the petitioner since the petitioner is not the employer of the employees in respect of whose dues the provident fund authorities are proceeding; (ii) the properly had ceased to be the assets of the establishment of the fifth respondent who is liable to pay the dues; (iii) the priority envisaged in section 11(2) is attracted only in the case of winding up and in the facts of this case it has no application where neither ..... it is, therefore, clear that section 11(2) of the epf and mp act overrides all provisions of other enactments including section 46-b of the sfc act.the judgment of the kerala high court has been followed by a division bench of this court in janata sahakari bank ltd. v. ..... the kerala high court inter alia rejected the submission that it was the sfc act of 1951 which had overriding effect in view of section 46b of that act. ..... kerala financial corporation 2002 (3) clr 191 in that case, proceedings were initiated under section 29 of the sfc act, 1951. .....