Court : Allahabad
Reported in : [2003(96)FLR923]; (2003)1UPLBEC776
..... having heard learned counsel for the parties and going through the decisions relied upon by both the parties, i am in full agreement with the arguments advanced and the decisions relied upon by learned counsel for the employers and consequently, i hold that the lay-off compensation is not covered by the definition of wages under the payment of wages act, 1936 and therefore, it is not recoverable under the provisions of u.p. ..... the employers submitted their reply that the provisions of section 3 of the aforesaid act of 1978 are not attracted as the amount of lay-off compensation cannot be said to be covered within the meaning of wages under the payment of wages act; and that the employees are less than 20 in number, therefore, the ..... the language of section 25-c of the industrial disputes act, the definition of 'lay-off' under section 2(kkk) and the definition of 'wages' in the industrial disputes act make this amply clear that lay-off compensation does not come within the definition of 'salary' or 'wage ..... , wherein the kerala high court considering the case of nutan mills v. e.s.i ..... the madhya pradesh high court also taken the similar view, which is reported in air 1960 madhya pradesh 370, burhanpur tapti mills ltd ..... the another decision relied upon by learned counsel for the employers is reported in air 1960 bombay 201, anusuya vithal and ors. v. j.h ..... , wherein the division bench of bombay high court after considering the case of supreme court reported in 1960 bom. l.r ..... mehta, air 1960 bom. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(1)AWC455
..... station brahmapuri, district meerut and police constables have come to the residences of the petitioners and asked them to vacate their residences as early as possible failing which they shall be evicted with the use of police force and they have started stopping ingress and egress of the petitioners and their children and other relations and servants from their houses so as to create such a situation that the petitioners are compelled to leave their residences on their own. ..... it is alleged in paragraph 8 of the writ petition that the petitioners have been doing the profession of singing and dancing for the last several years and have nothing to do with prostitution nor have they violated the immoral traffic (prevention) act, 1956. ..... in view of the aforesaid decision of the supreme court and in view of the fact that the prostitutes are also entitled to live a life of dignity, we direct the state government that a scheme should be framed whereby in every city in the state of u. p. ..... , was also decided by this court on 19.8.1997, with the direction that the respondents shall not dispossess the petitioners from their respective residences except in accordance with law. ..... in paragraph 14 of the writ petition it is alleged that the petitioners have never been convicted for any offence under the immoral traffic (prevention) act and the respondents have no right to interfere with their right of living in their respective houses. ..... state of kerala, air 1971 ker 166. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2003All114; 2003(26)PTC567(All)
..... 23, 27 and 29 of the trade and merchandise marks act, 1958, the madras high court held in the case of pl anwar pasha (air 1980 madras 56) (supra) that it is contended, by the counsel for the respondent that the suit by the plaintiff at the time of institution is not competent and he could not institute any proceeding for the infringement of a trade mark which was not registered on the date of plaint. ..... the plaintiff having applied for registration of its trade mark prior to filing of suit, has, thus, right to bring the suit for infringement of the trade mark as the registration of the trade mark subsequent to the date of application, will relate back to the date application as provided under section 23 of the trade and merchandise act.18. ..... sub-section (2) of section 27 of the said act says that nothing in this act shall be deemed to affect rights of action against any person for passing off goods as the goods of another person or the remedies' in respect thereof.13. ..... on the other hand it is not the case of defendants that they had obtained registration of their alleged trade mark either under the trade and merchandise marks act, 1958 or the copyright act. ..... but it must be pointed out that under section 23, the trade mark when registered.shall be registered as on the date of making of the application for registration of a trade mark in part a or part b of the register and that date shall, subject to the provisions of section 131 of trade and merchandise marks act. .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)1UPLBEC40
..... the reliance is also placed on the provisions of sub-section (4) of section 3 read with section 8 of the official language act, 1963 for the preposition that the central government has been authorized to make rules for carrying out the purpose of the act and, therefore, forms ought to have been made in urdu language also and accepted in the government offices.4. ..... pradesh in compliance of central government official language policy;(iii) to issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to provide a common facility to entertain grievances/complaints/representations in urdu language in compliance of article 350 of the constitution of india, 1950;(iv) to issue a writ, order or direction in the nature of mandamus commanding the respondents to make at least one appointment of urdu educated person/urdu translator in each and every post offices of uttar pradesh so that central government ..... , in gujarat (gujrati), maharashtra (marathi), andhra pradesh (telgu), tamil nadu (tamil), kerala (malayalam), west bengal (bengali) and punjab (gurmukh/punjabi) is of no assistance to the petitioners as in these states the languages mentioned in the bracket are the regional languages of the respective states whereas in the state of u.p. .....
Tag this Judgment!Court : Allahabad
Reported in : (2002)3UPLBEC2569
..... , air 1994 supreme court 120, the supreme court was considering the definition of the words 'forest produce' occurring in the kerala forest act, 1961. ..... -- (a) liabilities and obligations arising from a trust legally imposed upon, or accepted by the 1(zila panchayat) or the 1 (kshettra panchayat); (b) the payment of establishment charges including contributions to pension, provident fund and leave allowances; (c) all sums due to the government; (d) the re-payment of, and the payment of interest on any loan incurred under the provisions of the local authorities loans act, 1914; (e) any sums ordered to be paid from the zila nidhi, or the kshettra nidhi, as the case may be, under sub-section (2) of section 109, sub-section ..... the hospital mazdoor sabhba, air 1960 supreme court 610, the supreme court while dealing with the interpretation of the word 'industry' occurring in section 2(j) of the industrial disputes act, 1947, laid down as follows (paragraph 10 of the said air):'10..............it is obvious that the words used in an inclusive definition denote extension and cannot be treated as restricted in any sense. ..... the hospital mazdoor sabha, (1960) 2 scr 866 at p. ..... 875 : air 1960 sc 610 at p. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(4)AWC2861; [2002(94)FLR1227]; (2002)3UPLBEC2559
..... been sought in the petition for the enforcement of the fundamental right and that permitting the employer litigants to come to this court to avoid exhaustion of remedy under the act would make the mechanism provided under the act completely ineffective and the result is the abuse of writ jurisdiction of this court and further the act being a beneficial legislation and the provisions of section 30 are not only mandatory but are salutary providing a right of appeal circumscribed by the conditions of deposit of amount of compensation for the security of the workman for ..... central bank of india, 1984 lab ic 1493, a division bench of the kerala high court again considered the question of alternative remedy in a case under the payment of wages act, wherein the deductions in wages were challenged. ..... ic 818 of the punjab and haryana high court relating to a case under the workmen compensation act itself wherein it was held that the entertainment of the petition under article 226 of the constitution would obviously defeat the intent and purpose of the legislation and it would be only in rare and exceptional cases where the order on the face of it shows violation of some statute or inherent lack of jurisdiction that the high court would be justified in entertaining the petition under article 226 of the constitution bypassing the statutory remedy. .....
Tag this Judgment!Court : Allahabad
Reported in : 2006CriLJ502
..... the kerala high court dismissed the application of the state government to claim priority for its debt in winding up proceedings on the basis of section 64(1) of the kerala insolvency act, 1956, and held that rules of priority of debts laid down in section 64(1) of the kerala insolvency act, 1956, are inconsistent with those in section 530 of the companies act and that it could not have been the intention of the companies act that section 529(1) thereof should attract the provisions of section of the insolvency act. ..... the state government pleaded that section 64(1)(a) of the kerala insolvency act gives priority to all debts due to the government whereas section 530(1)(a) of the companies act gives priority only to their lim-ited cases of such debts and that, even if the debts are included in the kerala insolvency act, [and] are not so included in section 530 of the act, this should be given priority. ..... grover, senior advocate, appearing for punjab national bank, has relied upon a judgment of the kerala high court in the case of kerala water transport corporation (in liquidation), in re (1967) 37 comp cas 538 (ker). .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (2003)84ITD289(All.)
..... under this government order of july, 1986, the grants-in-aid under the scheme is payable to the owner of the cinema hall after the approval of the same by the district magistrate concerned and subject to the conditions mentioned in para 5(a) to (e) as under : "(a) the owner of the cinema hall will maintain the income of each show in accordance with entertainment and betting tax act in prescribed form 'b' and during the period of grant, the payable amount will be shown separately. ..... but where the subsidy is meant to fill the whole or the shortfall in the return from the industry so set up as recompense for undertaking the unknown risks and odds in establishing industries in backward areas, the subsidy would definitely be in the form of replenishment of the profit to remove its deficiency attributable to the backwardness of the areas where the industry operates. ..... but less than 1 lac : equal to 100 per cent entertainment tax payable by the concerned cinema hall.equal to 75 per cent of the entertainment tax payable by the concerned cinema hall.equal to 50 per cent of the entertainment tax payable by the concerned cinema hall.equal to 100 per cent of the entertainment tax payable by the concerned cinema hall.equal to 75 per cent of the entertainment tax payable by the concerned cinema hall.equal to 50 per cent of the entertainment tax payable by the concerned cinema hall. ..... 37,500 as subsidy from the kerala state government for producing new regional films. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC562
..... shahjahanpur and others, was dismissed by this court in its judgment dated 7.11.2001 holding that the consolidation courts had rightly held that after notification under section 20 of the forest act the rights, if any of any tenure holder came to an end and the objection raised before the consolidation authorities were rightly rejected but the counsel for the petitioners has submitted that the submission raised in these writ petitions as quoted above, needs to be considered since those submissions ..... it was argued, with reference to the preambles of the two enactments and article 254 of the constitution, that while the central act provides for the conservation of forests, the vesting act provides for their destruction with a view to put them to agricultural use, and that in the light of the subsequent central enactment on a concurrent subject, the earlier state enactment should be deemed to have ..... again relates to challenge to the notifications under sections 4, 6 and 20 of the forest act but the counsel for the petitioners since has proceeded to contend that the land in dispute is not covered by the aforesaid notification, hence it is necessary to consider his submission for the purpose as to whether the land in question was notified under section 20 of the forest act or not. ..... and kerala private forest (vesting and assignment) act, 1971 (old) in the case of state of kerala and anr ..... the full bench of kerala high court, while considering the provisions of forest (conservation) act .....
Tag this Judgment!Court : Allahabad
Reported in : [2001(90)FLR482]; 2001LabIC3508; (2001)3UPLBEC2216
..... paul anthony's case (supra), learned counsel for the appellant in that case contended that during the period of suspension, the respondents had not paid the appellant subsistence allowance with the result that he could not undertake a journey from his home-town in kerala to kolar gold fields in karnataka where the departmental proceedings were being held. ..... since suspension is not a punishment but is only one way of forbidding from disobeying to discharge of duties by an employee of the office or post held by him, an order of suspension, even without a preliminary inquiry, may be passed to refrain the delinquent employee to avail further opportunity to perpetrate the alleged misconduct or to remove the impression among the members of service that dereliction of duty would pay fruit and the offending employee would get away even pending inquiry without any indictment. ..... where the disciplinary authority seeks to suspend an employee pending inquiry or contemplated inquiry into grave charges of misconduct or serious acts of commission or omission, the order of suspension would be passed after taking into consideration the gravity of the misconduct thought to be inquired into and the nature, of the evidence placed before the disciplinary authority and on application of mind by such authority. ..... even under the general clauses act, this right is conceded to the employer by section 16 which, inter alia, provides that power to appoint includes power to suspend or dismiss. .....
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