Court : Mumbai
Reported in : [1980(41)FLR199]; (1981)ILLJ462Bom
..... 3a of the state financial corporations act, 1951;(c) the deposit insurance corporation;(d) the agricultural refinance corporation;(e) the unit trust of india;(f) the industrial development bank of india;(g) any other financial institution being an establishment in public sector, which the central government may, by notification in the official gazette, specify, having regard to - (i) its capital structure;(ii) its objectives and the nature of its activities;(iii) the nature and extent of financial assistance or any concession given to it by the government; and(iv) any other relevant factor;(x) employees employed by any ..... few such enactments are : the warehousing corporation act, 1962, the agricultural refinance corporation act, 1963, the industrial development bank of india act, 1964, the unit trust of india act, 1944, the food corporation act 1964, the bank of india act, 1955, the life insurance corporation act, 1946, the deposit insurance corporation act, 1961, and the oil and natural gas commission act, 1959. ..... we have already to various provisions of the electricity act as well as the supply act and also referred to the fact that either in any of the relevant statues or in the very constitution of the board there is no provision for raising share capital. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(3)BomCR468; [2006(111)FLR743]; (2006)IIILLJ598Bom; 2006(44)MhLj136
..... submitted that (i) the petitioner having purchased the property 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 ..... it was emphasised from the statement of objects and reasons appended to the bill resulting in amending act 40 of 1973 that the national commission of labour had recommended that arrears of provident fund should be made a first charge on the assets of the establishment at the time of its winding up. ..... similarly, a reference therein to the report of the national commission of labour can at the highest indicate the historical antecedents, the surrounding circumstances or the mischief which was intended to be remedied. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(5)BomCR256
..... in the context of section 83(1)(a) and (b) of the representation of the people act, 1951, which contains provisions similar to order 6 rules 2 and 4 cpc, this court, after posing the question, what is the difference between material facts and particulars, has observed: (scc pp.250-51, para 29)the word 'material' shows that the facts necessary to formulate a complete cause of action must be stated. ..... these deductions are not very logical as assuming that the contractor has procured these items from the market at a fixed price, the value of r for computation of labour, fuel and other materials shall have to be considered all inclusive, although the claimant would not get any escalation for explosives and detonators. ..... if the value of these items is reduced from the amount of the gross value of the work done, percentage of labour, fuel & other material get automatically reduced and the total of all the components would no longer be 100; i.e. ..... in view of this we are of the opinion that for calculation of price variation for labour, fuel and other materials, gross value of work done as per on account bills be taken in computation as 'r'.19. ..... the effect of the break down was delay in execution of work and that increased over heads and idle labour costs. ..... formula given under clause 28.6 are to be adopted only in case of labour, fuel and other materials. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom71; 1977MhLJ520
..... by virtue of the provisions of the berar regulation of agricultural leases act, 1951, yeshwanta became the protected lessee of the said land. ..... there was no dispute between the parties that the appellants were entitled to institute a suit for recovery of possession of the property in view of the certificate issued by the deputy collector under section 88-b of the bombay tenancy and agricultural lands act, 1948, and in that context the provisions of section 4-b of the bombay tenancy act fell for consideration before the supreme court. ..... thirdly some of the provisions of the act are based on the hypothesis that an area of three family holdings satisfies the needs of an agriculturist family, absorbs its cultivating capacity, enables it to concentrate and improve the yield of the land and discourages it from exploiting the labour of others. ..... the application shall be made in such form as may be prescribed and within a period of three years from the date on which the right to obtain possession of the land, dwelling house or site is deemed to have accrued to the tenant, agricultural labourer or artisan, as the case may be. ..... (1) a tenant or an agricultural labourer/or artisan entitled to possession of any land or dwelling house or site used for any allied pursuit under any ofthe provisions of this act or as a result of eviction in contravention of sub-section (2) may apply in writing for such possession to the tahsildar. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1963Bom254; (1963)65BOMLR131; 1963CriLJ603; ILR1963Bom115
..... 's compensation or any other officer with experience as a judge of civil court or as a stipendiary judicial magistrate or as judge of a labour court or as judicial member of the industrial court constituted under the bombay industrial relations act, 1946, or as presiding officer of a tribunal constituted under the industrial disputes act, 1947xxxxx(2) where contrary to the provisions of this act any deduction has absence made from the wages of an employed person or any payment of wages has been delayed, such person himself, or any legal practitioner or any ..... involves four requisites : (1) the presentation (not necessarily orally) of their case by the parties to the dispute; (2) if the dispute between them is a question of fact, the ascertainment of the fact by means of evidence adduced by the parties to the dispute and often with the assistance of argument by or on behalf of the parties on the evidence; (3) if the dispute between them is a question of law, the submission of legal arguments by the parties; and (4) a decision which disposes of the whole matter by a finding upon the facts in dispute and an application of the law of the land to the facts so found, including where ..... by the registrar some time in december 1951.7 ..... directed to file his objection before 16th september 1961 and the other side was directed to file its reply before 13th november 1961 and the case was fixed for further hearing, by mutual consent, on 27th, 28th and 29th of november and 1st of december 1951. mr. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1998Bom287; 1998(3)ALLMR282; 1998(3)BomCR562; [1999]96CompCas140(Bom); 1998(2)MhLj668
..... whatever the principle of international law may have been, the courts in india were concerned with the statutory form given in section 433 of the code of 1877, in section 86 of the code prior to the code of civil procedure (amendment) act 1951, and now in sections 86 and 87 of the code of 1908, as it stands amended by amendment act, 104 of 1976. ..... were considered by the supreme court in the aforesaid judgment were, (i) whether the state trading corporation, a company registered under the indian companies act, 1956, is a citizen within the meaning of article 19 of the constitution and can ask for the enforcementof fundamental rights granted to citizens under the said article, and (ii) whether the state trading corporation is, notwithstanding the formality of incorporation under the indian companies act, 1956 in substance a department and organ of the government of india with the entirety of its capital contributed by government and can ..... united labour union and others, etc. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom310; (1968)70BOMLR548; 1968MhLJ771
..... in absence of any special meaning given to it in any labour legislation which is in pari material with this act or by a judicial precedent, the literal meaning is to be preferred to any special meaning that the word any special meaning that the word may bear in any other enactment which has a different subject of enactment and has a different object to be achieved ..... of the act fixes the hours for a normal working day and section 14 provides for payment for overtime and states that where an employee, whose minimum rate of wages if fixed under the act by the hour, by the day or by such a longer wage period as may be prescribed, works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or part of an hour so worked in excess at the overtime rate fixed under the act. ..... they state that they had been carrying on correspondence with the authorities for the payment of the claim which was the subject-matter of this application and that the authority had been telling them that the decision on their representations and letters was a matter of policy which would be decided in the course and that they came to court only when they realised that they would not get their claim without recourse ..... 8 1951 edition, gives the meaning of the word 'road' as an ordinary line of communication used by persons passing between different places, usually one wide enough to admit of the passage of vehicles as well as of horses or travellers .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom68; (1951)53BOMLR263; (1951)ILLJ137Bom
..... therefore, reading the two sub-sections together the position is that when there is the owner of an undertaking & that owner of the under taking does not employ labour directly, but enters into a contract with a contractor & the contractor supplies the necessary labour for the purpose of the undertaking of the owner, then the persons so employed or recruited or supplied by the contractor are as much the employees of the owner of the undertaking as if the owner had directly employed them. ..... the industrial tribunal hold that contract labour satisfied the conditions laid down in the act & those who were employed by contract were employees within the meaning of the act & therefore, it came to the conclusion that it had jurisdiction to proceed with the reference with regard to contract labour as well. ..... if the definition is satisfied, then even though according to common law the relationship between the contract labour & the company may not be that of master & servant, still they would be employer & employee for the purpose of the statute, & if they are employer & employee for the purpose of the statute, then the dispute between them would be an industrial dispute which would be referable to the tribunal & which the tribunal would have jurisdiction to determine.4. ..... 1951 bom. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom100; (1951)53BOMLR373; ILR1952Bom19; (1951)IILLJ1Bom
..... tribunal at the instance of the petitioners, seeking clarification of its ..... the ancillary direction was essential to the rest of its award; and inasmuch as the petitioner declined to implement the award by carrying out the directions contained in the award, and inasmuch as the industrial dispute raised between the petitioners and their workmen regarding the date from which the directions contained in the award regarding the payment of revised wages and also for overtime work were to come into operation, the government of bombay under rule 20a of the rules made under the industrial disputes act, 1947, moved the ..... dave, under-secretary to the government of bombay, labour and housing department, has filed an affidavit on behalf of the state of bombay. ..... by his affidavit dated january 30, 1951, respondent no. 3 mr. m. n. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)BomCR770; (2008)IIILLJ167Bom
..... the petitioner is a trade union registered under the trade unions act, 1926 and is also a recognised union under section 12 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, hereinafter referred to as 'the act'. ..... aggrieved from this order, the petitioner filed the present writ petition challenging the legality and validity of the order primarily on the ground that the industrial court failed to appreciate the evidence produced before it, it did not dispose of the objections filed by the petitioner in accordance with law and finally that the findings recorded were untenable as it violated the principles of natural justice.3. ..... another issue raised by the petitioner was that the documents sought to be produced on record were not permitted to be taken on record by the industrial court on the one hand while on the other, the industrial court itself took cognizance of the letter dated 10th april, 1995 produced by the second respondent stating that it represents majority of employees working in the first respondent and they are the sole bargaining agent of its employees. ..... on these pleadings of the parties, on 8th july, 2004, the industrial court framed the issues and vide its order dated 25th february, 2005 , the industrial court appointed an investigating officer under the relevant provisions of the act to verify the membership of the petitioner as well as the respondent no. ..... 1951 of 2007 held as under.5. .....
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