Court : Guwahati
..... dated june 24, 1993 received from the regional labour commissioner (c), guwahati on the subject noted above and to say that the central government, having considered the said report in terms of section 12(5) of the industrial disputes act, 1947, is of the opinion that the dispute is not fit for reference to the industrial tribunal for adjudication on the following grounds: 'it has been reported that the workmen were engaged as contract labourers under provisions of the contract labour (r & a) act, 1970. ..... it would appear from the contents of the letter above that the central government turned down the proposal for reference of the matter to the industrial tribunal as the workmen were engaged as contract labourers under the provisions of the act of 1970 which obviously denotes that they are not the direct employees of the principal employer. ..... presiding officer, (1999-ii- llj-904) (gau-db) shri sarma argued that the alleged dispute has to be resolved as per provisions of the contract labour (regulation and abolition) act, 1970 provided that the central government is satisfied that the writ petitioners fulfill the conditions embodied in sub-section (2) of section 10 of the above act. 5. ..... on proper consideration of the recommendations made by the committee, tripartite settlement was signed on february 14, 1991 and the recommendations of the committee for regularisation of 456 workers were accepted. .....
Tag this Judgment!Court : Guwahati
..... the impugned notification reads as follows :-notification new delhi, the 25th january, 2000s.o.70(e) - in exercise of the powers conferred by subsection (1) of section 10 of the contract labour (regulation and abolition) act, 1970, the central government after consultation with the central advisory contract labour board, hereby prohibits the employment of contract labour in the jobs, operations or processes specified in the schedule annexed hereto, in the establishment of the oil india limited (pipeline division), with effect from the date of publication of this notification in the ..... an alternative suggestion was brought forward by one of the members of the committee to the effect that the employment of the contract labour may be allowed to continue if 285 contractual labourer covered by the tripartite settlement dated 23.12.1992 are paid at par with the corresponding regular employee of the oil india limited including all the benefits and service conditions applicable to such regular employees and the remaining contract labours are paid wages etc. ..... should be paid to these categories of contract workers employed by m/s oil india limited (pipeline division) as are being paid to the contract workers as per the settlement dated 23.12.92 between the management and the union.after hearing the parties and detailed deliberations, the board decided by a majority of one to recommend to the government abolition of contract labour in all the jobs/works in the establishment of oil india ltd. .....
Tag this Judgment!Court : Guwahati
..... whether an employee of the union bank of india (in short, 'the bank') constituted with the banking companies (acquisition and transfer of undertakings) act, 1970, who opts to go on voluntary retirement under a voluntary retirement scheme (in short, 'vrs'), is entitled to receive pension if he happens to have completed 10 years of service in his employment with the bank, is the question, which has been mooted for decision in this appeal.2. ..... from what have been discussed above and taking into account what has been laid down in ganpat singh deora (supra), we are clearly of the view that the learned single judge seriously fell into error in treating the case of the respondent under regulation 14, which was meant for employees, who retire on superannuation, but have completed 10 years of service. ..... -superannuation pension shall be granted to an employee who has retired on his attaining the age of superannuation specified in the service regulations or settlements: provided that, with effect from 1-9-2000 pension shall also be granted to an employee who opts to retire before attaining the age of superannuation, but after rendering service for a minimum period of 15 years in terms of any scheme that may be framed for such purpose by the board with the approval of the government."12. ..... superannuation pension - superannuation pension shall be granted to an employee who has retired on his attaining the age of superannuation specified in the service regulations or settlements."10. .....
Tag this Judgment!Court : Guwahati
..... sahewalla, learned senior counsel for the petitioner with reference to the documents on record and several provisions of the act of 1970 argued that the land sought to be transferred is a part and parcel of the land measuring 9 bighas and odd stated as above which is exclusively under the control of the corporation and the state government cannot independently take any decision to take away any part of it unless the corporation so decides in compliance with the provisions of the act and the rules.6. mr. p. c. ..... we are, there-fore, impelled to conclude that the decision is not only contrary to the provisions of the settlement rules, but also violative of the provisions of section 19(2)(b) of the road transport act, 1950. ..... shri bolin bordoloi on the other hand requested for giving settlement of land by december, 2004 so that the project could be completed before the start of next national games to be held in guwahati.meeting decided that land in question may be handed over to the company for construction of the hotel project on payment of land value as per prescribed norms to be fixed by the revenue department.3. ..... apart from the convenience of the members of the public who undertake journey by astc buses, the state has no power to settle the land in question in purported exercise of powers under rule 13(a)(ii) of the settlement rules framed under the assam land revenue regulations, 1886. ..... sub : settlement of land with m/s. .....
Tag this Judgment!Court : Guwahati
..... 4 in his affidavit, did not dispute about the agreement dated 12-4-99, entered into with one jagat saikia for management/running of the fishery-in-question; but stated that the said agreement was made on wrong advice and on coming to realise the same, the respondent cancelled the said agreement vide the deed of dissolution dated 18-6-99.the corporation though did not submit any affidavit, contested the case through its standing counsel and placed the entire records pertaining to settlement of the fishery-in-question. ..... from the facts as discussed above, it thus appears that the order of settlement was made at the instance of the minister and the cancellation order of settlement of the fishery-in-questlon, had also to be withdrawn at the interference of the minister.the corporation is an independent body having its own corporate existence. ..... 4 could not act within the period mentioned/stipulated and consequently, the order of settlement was withdrawn vide order dated 20-5-99.the petitioner's application was also forwarded by the minister for consideration on 21-5-99. ..... the chairman further directed that the settlement was to be made after clearance of the outstanding dues.from the facts narrated above, it thus appears that the authority took the decision solely on the direction of the minister concerned. ..... minister of housing and local government reported in (1970) 1 wlr 1231 and simms motor units ltd. v. .....
Tag this Judgment!Court : Guwahati
..... case, one can safely conclude that since the petitioner had been deriving various benefits under the settlement which the workers' union in the tea estate had been entering into with the management from time to time and when the reference did not include determination of the question as to whether the scheme, in question, was applicable to the petitioner or not and when even the petitioner had raised the dispute under the said scheme, the dispute being that he was entitled to remain in service ..... an agreement, dated november 18, 1970 (annexure f to the writ petition) was reached between the assam tea planters association and bharatiya chah parishad (assam branch), who represented the management of the tea estates, on the one hand, and the chah karmachari sangha, who represented the workman, on the other hand. ..... apart from the fact that the learned labour court has not looked into the question as to whether the reference was bad in law in the face of the provisions of section 2-a of the industrial disputes act (hereinafter referred to as 'the said act'), mr. r.p. ..... sharma has pointed out that under section 2-a of the industrial disputes act, an individual workman can raise the dispute only when the matter relates to his discharge, dismissal or retrenchment from service or termination from service. ..... acting upon this agreement, the management i.e. ..... acting upon this agreement, respondent no. 2 i.e. .....
Tag this Judgment!Court : Guwahati
..... 3 dated august 1, 1991 respecting counting of seniority status of the plaintiffs from the date of re-designation dated august 1, 1991 is illegal, void, unconstitutional, ineffective and repugnant to the corporation rules and tripartite settlement dated june 27, 1991 and directing the defendants to follow-up and implement the departmental relevant rules and enforce the decisions of tripartite settlement for the due promotion of the plaintiffs and its genuine privileges within a period to be prescribed by the court. 3. ..... the dispute involves the recognition, observance or, enforcement of rights and obligations created by enactments like industrial employment (standing orders) act, 1946 which can be called 'sister enactments' to industrial disputes act and which do not provide a forum for resolution of such disputes, the only remedy shall be to approach the fora created by the industrial disputes act provided they constitute industrial disputes within the meaning of section 2(k) and section 2a of industrial disputes act or where such enactment says that it shall be adjudicated by any of the ..... air 1971 sc 922 : 1970 (3) scc 378 : 1970-ii-llj-590, wherein the supreme court inter alia pointed out as follows at 595 of llj: '7. ..... in para 12, the supreme court held as follows 1970-ii-llj-590 in p. .....
Tag this Judgment!Court : Guwahati
..... in that decision it is held where transfer of property act is not applicable 'though it is not necessary to insist on the compliance with the technical requirements of the section relating to payment of costs and interest as a condition precedent' courts may impose appropriate conditions for relieving a tenant against forfeiture. ..... the learned counsel for the plaintiffs argued that the tenant is a chronic defaulter in the instant case and it is suggested the tenants caused immense harm and hardship and acted to the detriment and interest of satra. ..... his evidence is that on march 22, 1972 the excess land was determined to be 970 bighas 2 lachas and the excess land was taken over by the state government on may 2, 1974, whether on the day final order was passed or the land was taken over, is not clear from the evidence of the witnesses. ..... 28,000/ - was paid by 8 post dated cheques after settlement with satra and adhikar. rs. ..... as to the state act xxiii of 1971 the plaintiffs in this court maintain the issue was correctly decided by the trial court whereas on the part of tenants there was some vacillation. ..... it is seen appropriate notifications under section 107 or 117 of the transfer of property act was not made by the state government therefore transfer of property act does not apply to tenants. ..... the tenants tendered for 1970 rs. ..... 1000/- was paid in excess which was adjusted in the succeeding year of 1970. .....
Tag this Judgment!Court : Guwahati
..... 1970 pat 304 it was held : 'where the defendant purchased the property after contract in favour of plaintiff and the defendants took the plea of bona fide purchase for value without notice of the earlier contract the onus is upon the defendant who has taken a registered sale deed executed after the contract for sale in favour of the plaintiff to prove that he is a bona fide purchaser for value without notice of the earlier contract, so as to bring himself within the exception provided by section 27(b) of the specific relief act ..... their lordships of the supreme court interfering with the order observed : 'the objection raised by the respondents on the score of limitation, the adjournment sought by the appellant to file an application under section 5 of the limitation act for condonation of delay and the refusal of the division bench to condone the dealy are all misplaced, proceeding as they did on an erroneous assumption that the appeal was barred by time on the date on which it was filed and that the requirement of rule 3 of chapter 2-c is mandatory in character. ..... mohadeb chandra pallay, where on 11-7-06, during the currency of a jalkar lease for seven years executed by the owners in favour of the defendants on 2-3-1901, the plaintiffs took a settlement of the jalkar from the lessor for a term of seven years from l-5-01 on payment of a sum of rs. .....
Tag this Judgment!Court : Guwahati
..... expressly provided, be levied and paid upon the principal value ascertained as hereinafter provided of all property, settled, or not settled, including agricultural land situate in the territories which immediately before the 1st november, 1956, were comprised in the states specified in the first schedule to this act and in the union territories of dadra and nagar haveli, goa daman and diu and pondicherry which passes on the death of such person, a duty called ' estate duty ' at the rates fixed in accordance with section 35.' 12. ..... in khushal khemgar shah : [1970]3scr689 , the supreme court has observed that section 55 of the partnership act does not provide that goodwill may be taken into account only when there is a general dissolution of the firm and not when the representative of a deceased partner claims his share in the firm which by express stipulation is to continue notwithstanding the death of a partner. 31. ..... the court relied on the decision of the supreme court in khushal khemgar shah : [1970]3scr689 . ..... khorshed banu dadiba boatwalla : [1970]3scr689 , the supreme court has observed thus (p. .....
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