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Judgment Search Results Home > Cases Phrase: the plantations labour act 1951 Court: mumbai Page 11 of about 621 results (0.079 seconds)

Jan 31 1951 (HC)

Hongkong and Shanghai Banking Corporation Vs. Bhaidas Pranjivandas and ...

Court : Mumbai

Reported in : AIR1951Bom158; (1951)53BOMLR381

..... i hold therefore that the petition for the issue of a writ of prohibition against the respondents seeking to restrain them from enforcing the award of the industrial tribunal either by an application under section 20 of the industrial disputes (appellate tribunal) act, 1950, or otherwise is entirely misconceived. ..... it is clear from the judgment that the motion was for a writ of prohibition to go to the judge of the city of london court in respect of a matter brought before him under the building societies act of 1874. ..... it was claimed that for diverse reasons mentioned in the petition the award of the tribunal was either without jurisdiction, or that the tribunal acted in excess of its jurisdiction. ..... in that case the judge of the city of london court had, acting under the building societies act, 1874, passed an order varying or discharging a previous order of his own. ..... when so constituted the tribunal makes its award upon the dispute referred to it under the provisions of the industrial disputes act, 1947. ..... seeking to prohibit them from continuing the proceedings by making an application under section 20 of the industrial disputes (appellate tribunal) act or otherwise howsoever executing or enforcing or attempting to execute or enforce the award is not maintainable.5. ..... by reason of the provisions of section 17a(1), industrial disputes act the award of the tribunal became enforceable on 12 9-1950, & it was apprehended that the resps. .....

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Dec 04 2007 (HC)

Lagwad Adhikari and ors. Vs. Shri YasIn Hamid Sayyad

Court : Mumbai

Reported in : 2008(1)BomCR527; (2008)110BOMLR168; 2008(2)MhLj338

..... complainant had put in more than five years of continuous service within the meaning of section 25b of the industrial disputes act, 1947 and everyone of them was entitled for being regularised against the supernumerary post created under the gr dated 19/10/1996, the plantation officer could not give satisfactory reasons as to why the cases of the complainants were not processed for regularisation and it was not the case of the department that their cases were not processed because they were disqualified. ..... the complainants who claimed to have been appointed as daily rated watchman /labour at the plantation centres in shirur taluka of pune district claimed that they had worked continuously for more than five years (six to ten years) and in every year they had completed 240 or more days of service in the preceding five years and, therefore, they were entitled for the benefit of permanency. ..... all these petitions have been filed by the plantation officer, social forestry department at shirur, district pune and the deputy director of social forestry as well as the state government challenging separate orders passed by the industrial court at pune in the respective complaints filed by the daily rated temporary appointees as watchman/ labour and the common relief of granting permanency with consequential benefits has been granted by these orders. .....

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Jul 18 2001 (HC)

Piramal Spinning and Weaving Mills Ltd., Mumbai Vs. Rashtriya Mill Maz ...

Court : Mumbai

Reported in : [2001(91)FLR536]; 2002(1)MhLj824

..... is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956) or any other law or the memorandum and articles of association of the industrial company or any other instruments having effect under the said act or other law, no proceedings for the winding-up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof and no suit for the recovery of money or for the enforcement of any security against the industrial company or of any guarantee in respect ..... the only question which has been urged in the present case is that the complaint which has been filed by the respondent under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 is a suit for the recovery of money within the meaning of sub-section (1) of section 22 and that, therefore, the complaint cannot proceed except with the permission of the bifr. ..... the supreme court consequently held that the word 'proceedings' insection 22(1) cannot be given a narrow or restricted meaning confined to legal proceedings but the expression would include proceedings under sections 29 and 31 of the state financial corporation act, 1951 as well.9. .....

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May 07 2009 (HC)

Dipti Dipak Kolapkar and ors. Etc. Etc. Vs. the Maharashtra Public Ser ...

Court : Mumbai

Reported in : 2009(4)BomCR59; 2009(111)BomLR2131

..... less than five years, including not less than three years after obtaining such degree or qualifying for such enrollment; and(c) are certified in the case of the members of the ministerial staff of the high court, by the registrar of the high court and in the case of the members of the ministerial staff of the subordinate courts, by the presiding officer of the said court, to have sufficient knowledge of marathi to enable them to speak, read, write and translate with facility into english and viceversa;(d) are certified ..... . the question which is to be answered is as to whether in the process of shortlisting, the commission has altered or substituted the criteria or the eligibility of a candidate to be considered for being appointed against the post of presiding officer, labour court ..... . there is nothing arbitrary in fixing the score of 55% for the purpose of selection, because that was the view of the high court also previously intimated to the punjab government on which the haryana government thought fit to act ..... . : (1973)iillj266sc examined the scope of prescription of higher criteria than the one specified under statutory rules (rule 8 of the punjab civil service (judicial branch) service rules, 1951, held as under:'it was, however, contended by dr ..... . civil service (judicial branch) rules 1951 .....

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Sep 27 2005 (HC)

Thane Municipal Transport, Undertaking and Transport Manager, Thane Mu ...

Court : Mumbai

Reported in : (2005)107BOMLR623; (2006)ILLJ874Bom

..... ' under the payment of wages act, 1936 in sub-clause (ii) of section 2 reads thus :(ii) 'industrial or other establishment' means any -(a) tramway service, or motor transport service engaged in carrying passenger or goods or both by road for hire or reward;(aa) air transport service other than such service belonging to, or exclusively employed in the military, naval or air forces of the union or the civil aviation department of the government of india;(b) dock, wharf or jetty;(c) inland vessel, mechanically propelled;(d) mine, quarry or oil-field;(e) plantation;(f) workshop ..... 457 of 2001 under items 6, 9 and 10 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the 'mrtu & pulp act') before the industrial court, thane. ..... therefore, the definitions of 'industrial establishment' contained in the industrial disputes act, 1947 and the industrial employment (standing orders) act, 1936, are applicable to the petitioners and would be relevant while considering whether an employer has committed an unfair labour practice under the provisions of the mrtu & pulp act. 14. ..... in mahatma phule agricultural university (supra), the apex court was considering a case where the university, aggrieved by the decision of the high court and the industrial court directing regularisation of daily wage labourers as permanent workmen, had filed a special leave petition before the apex court. .....

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Oct 06 1993 (HC)

irkar D. Shahu and anr. Vs. the Bombay Port Trust and ors.

Court : Mumbai

Reported in : 1994(3)BomCR566

..... this interpretation which we have put on clause 3 of the schedule to the mathadi act, it is not necessary for us to consider the arguments relating to the constitutional validity of the mathadi act which is a state act and/or the effect of the dock workers act, 1948 which is a central act on the mathadi act and/or the question of paramountcy of the dock workers act which is a central act over the mathadi act which is a state act. ..... registration of existing and new workers:-(1)(a)(i) any dock worker who on the date of enforcement of the scheme, is already registered under the bombay dock workers (regulation of employment) scheme 1951 or any monthly worker in the categories now set out in schedule i and employed by registered employer on the date of enforcement of this scheme on a permanent basis, shall be deemed to have been registered under this scheme and allotted to their respective registered employers with continuity of service for ..... the dock workers act, a dock labour board for a group of ports can be established by the central government by notification in the official ..... the clause as it originally stood granted registration to 'any dock worker who on the date of enforcement of the scheme, is already registered under the bombay dock workers (regulation of employment) scheme 1951 ..... 18, as it was then in force, any dock worker who was already registered under the previous bombay dock workers (regulation of employment) scheme 1951 was entitled to be registered under this scheme.7. .....

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Sep 27 2011 (HC)

The Divisional Forest Manager Vs. Shri Vinayak Kurne

Court : Mumbai

..... back wages, or the payment of reasonable compensation, as may in the opinion of the court be necessary to effectuate the policy of the act. 32. ..... the mrtu & pulp act empowers the industrial and labour courts to decide that the person named in the complaint has engaged in or is engaged in unfair labour practice and if the unfair labour practice is proved, to declare that an unfair labour practice has been engaged in or is being engaged in by that person and direct such person to cease and desist from such unfair labour practice and take such affirmative action (including payment of reasonable compensation to the employee or employees affected by the unfair labour practice, or reinstatement of the employee or employees with or without ..... the new division was opened in the year 1997 at pune for plantation and development at pimpri chinchwad on contract basis. .....

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Feb 15 1951 (HC)

Damodar Ganesh and ors. Vs. State

Court : Mumbai

Reported in : AIR1951Bom459; (1951)53BOMLR739; 1953CriLJ37

..... it is therefore argued that the repeal by act xx [20] of 1937 of the amending act of 1935 had the effect of reviving sub section (3) of section 1 of the 1932 act, with the result that the life of the original act was again restricted to three years and that therefore the act was not in force in 1948. mr. ..... the court, however, found neither contention persuasive, the first because there was no basis for the limitation or restriction, the second because 'the danger of breach of the peace or serious invasion of lights of property or privacy at the scene of a labour dispute is not sufficiently imminent in all cases to warrant the legislature in determining that such place is not appropriate for the range ol activities outlawed, by section 3448'. ..... ' even in america, as pointed out in volume i of ludwing teller's 'labour disputes and collective bargaining,' at page 442, section 140 :'the story which comprehends the nature and consequently the extent of legal protection afforded picketing is one which, like a serial, will be told in future instalments. ..... ' as pointed out ut page 440 of volume i of lud-wig teller's 'labour disputes and collective bargaining: 'about the first class offences under the statute the court had little to say other than to declare it a patent prohibition of free speech because comprehending courses of action 'which in many instances would normally result from merely publicizing, without annoyance or threat of any kind, the facts of a labor dispute. .....

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Apr 16 1969 (HC)

Jai Nath Wanchoo Vs. the Union of India (Uoi) and ors.

Court : Mumbai

Reported in : AIR1970Bom180; (1970)72BOMLR51; ILR1970Bom887

..... in that case certain dock workers, attached to the port of calcutta and governed by the calcutta dock workers (regulation of employment) scheme 1951 made by the central government under the dock workers (regulation of employment) act, 1948, were detained under the preventive detention act, 1950. ..... he was served with a charge-sheet, at the inquiry he was supplied with copies of muster-roll of labourers which he was charged with filling up falsely and of the -incriminatory statements made by him as also by one mukund lall in the previous inquiry. ..... in the present case, the order passed against the petitioner was not passed on mere suspicion as in the calcutta dock labour board's case, : 1966crilj189 , but on the petitioner's own admission of guilt. ..... on their release from detention the calcutta dock 'labour board commenced disciplinary proceedings against them. ..... singhvi, however, relying upon the decision of the supreme court in calcutta dock labour board v. .....

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Jan 20 1953 (HC)

The State Vs. Zaverbhai Amaidas and ors.

Court : Mumbai

Reported in : AIR1953Bom371; (1953)55BOMLR387; ILR1954Bom117

..... contained in section 32 of the code of criminal procedure, 1898. ..... would prevail over the provincial law under sub-section (1) of section 107, government of india act, in my opinion, after a provincial law enacting provisions repugnant to those of a central act had come into force by receiving the assent of the governor general, the 'central legislature could again intervene in the matter and by passing a suitable enactment lay down that the law on the subject should be as enacted in the previous central act, and if it did so the provincial law ceased to have effect,(19) section 3 of the bombay act provides, 'notwithstanding anything ..... of 1952 arises from the admitted transport by the applicant of 7 1/2 bengali maunds of juwar from his own village of khanjorili to mandvi on april 8, 1951. ..... , bardoii, with having without psrmit or pass transported 15 maunds of jowar frcm the village of khanjroli to mandvi on 5-4-1951, and by doing so having contravened el. .....

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