Court : Patna
..... under such circumstances the management cannot be allowed to argue that the reference is bad or no abolition has been made under section 10 of the contract labour (regulation and abolition) act, 1970 by notification by the state government, rather it will be deemed that the abolition has been made under section 10 of the act by the state government, otherwise the order of the hon'ble supreme court cannot be complied with by this ..... 3 it shall be for the state government to take its own decision under the provisions of the contract labour (regulation and abolition) act, 1970 as to whether the contract labour employment should be terminated and since the state government had already been considering this matter for some time we direct the state government to take its decision in terms of the assurance held out by its learned advocate general to the patna high court several years back within three months from ..... want to emphasise even at the cost of repetition the tata workers union did not raise any objection when more than 1600 contract workers were absorbed or regularised by the management by the tripartite settlement in the year 1990. ..... 'now it is an admitted fact that 1600 contract workmen were absorbed or regularised by the management in the year 1990 by a tripartite settlement dated august 20, 1990 which is ext. ..... the oral evidence of mw 2 who is responsible officer of the tisco, is corroborated by the documentary evidence (sic) dot x by the management by a tripartite settlement. .....
Tag this Judgment!Court : Patna
..... , jamshedpur, under the provisions of the contract labour (regulation & abolition) act, 1970 (in short the contract labour act) and regularisation of the services of the members of the respondent-union as employees of telco. ..... one of the terms of the settlement was that in case of dispute as to the strength of the workmen in the aforementioned category, the union would submit details to the management by march 15, 1980, followed by tripartite discussion if the management and the union are not able to resolve the dispute. ..... further, in case of anomaly or difficulty in the implementation of settlement the dispute was to be raised within three months and sorted out jointly by the management and the union, and in case of difference the matter was to be referred to the labour department of the state government for resolution. ..... though as per the terms of the settlement, as mentioned above, the dispute was to be resolved bilaterally or, if necessary, through the intervention of the labour department, grievance was raised on the floor of the bihar legislative assembly by one shri dinanath pandey, member of the assembly. ..... the submission that instead of raising the dispute bilaterally or in the labour department as agreed per 1980 settlement is peripheral and does not go to the root of the matter particularly in view of the subsequent events including judgments by this court as well as the supreme court in the meantime, and appellant cannot be allowed to rake up such issues now. .....
Tag this Judgment!Court : Patna
..... these regulations, if the family of the deceased,(a) exercise an option in writing within one hundred and twenty days from the notified date to become member of the fund; and(b) refund within sixty days of the expiry of the said period of one hundred and twenty days specified in clause (a) above the entire amount of the bank's contribution to the provident fund and interest accrued thereon together with a further simple interest at the rate of six per cent per annum from the date of settlement of the provident fund ..... account till the date of refund of the aforesaid amount to the bank.'12. ..... later, the board of directors of the bank framed the allahabad bank (employees) pension regulations, 1995 as provided under section 19 read with section 12(2) of the banking companies (acquisition and transfer of undertakings) act, 1970 (act 5/1970). .....
Tag this Judgment!Court : Patna
..... in this writ application the petitioner, claiming to be the union of about 200 workers, has prayed for issuance of an appropriate writ or direction directing the respondents to implement the provisions of contract labour (regulation and abolition) act, 1970, and for enforcement of the notification, dated february 17, 1993, issued by the state government as contained in annexure-8 to the writ petition. ..... the dispute arose as regards the categories of workers covered by the notification, dated december 16, 1977 (annexure-1) which led to settlement, dated february 14, 1980, on which further discussions were held on april 24, 1980 (annexure-2) as a result of which the litigation challenging the notification came to an end and although more than 2000 workers were regularised on negotiation pursuant to the settlement mentioned above, but the dispute as regards the absorption of contract labour employed in the scrap yard could not be finalised as the management seriously disputed the fact that the said .....
Tag this Judgment!Court : Patna
..... in view of various settlements, agreements and notifications issued by the central government under section 10 of the contract labour (regulation and abolition) act, 1970 and to declare that the nature of job being performed by the petitioners is permanent and perennial in nature and is of sufficient duration for more than 20 years and continuation of the petitioners to do the work under the contractors is unreasonable, unjustified, arbitrary and violative of articles 14, 16, 21 and 300a of the constitution of india.3. ..... in particular reference to article 39(a) it is seen that the state ought to direct its policies in such a manner so that the citizens, men and women equally, have the right of an adequate means of livelihood and it is in this perspective again that the enactment in the statute book as noticed above the contract labour (regulation and abolition) act, 1970 ought to be read and interpreted so that social and economic justice may be achieved and the constitutional directive be given a full play.'18. ..... after the commencement of contract labour (regulation and abolition) act, 1970 and after abolition of the contract system in the coal washery they are entitled to be absorbed in the service. ..... the doctrine of equality as enshrined in the constitution promised an egalitarian society and the contract labour (regulation and abolition) act, 1970 is resultant effect of such a constitutional mandate having its due focus in that perspective. .....
Tag this Judgment!Court : Patna
..... so far as the second point is concerned, that the acts of misconduct alleged against the petitioner in the charge-sheet do not constitute a misconduct within the meaning of clause 19.5(j) of the said settlement is also equally unsustainable clause 19.5(j) have various parts. ..... (2) in the charge-sheet it has been alleged that the acts of the petitioner amount to gross misconduct within the meaning of clause 19.5(j) of the bipartite settlement. ..... in the charge-sheet which has been served upon the petitioner it has been clearly mentioned that the petitioner has been proceeded against on the basis of the first part of the said clause, namely, doing acts which are prejudicial, to the interest of the bank. ..... therefore, this court cannot accept the argument of counsel for the petitioner that the acts of misconduct alleged against the petitioner, even if correct, do not make out any case of misconduct under the aforesaid clause of the bank. ..... (3) uniformity of the punishment has not been maintained by the bank in the matter of imposing punishment on the petitioner, inasmuch as, the petitioner has submitted that several other employees of the bank have committed similar act of misconduct but they have, not been proceeded against.9. ..... ' it has been argued as a result of alleged acts of misconduct of the petitioner, the bank has not been involved in any serious loss nor can the said act of misconduct of the petitioner amount to gross negligence or negligence involving any serious loss to the bank. .....
Tag this Judgment!Court : Patna
..... relying on this decision the arguments advanced by the petitioner's counsel is that in decisions reported in 1973 pljr 81, the decision of the question was whether section 48e of the bihar tenancy act after amendment of 1970 is hit by article 14 of the constitution of india as it is discriminatory in nature. ..... according to, learned counsel, the section leaves a discretion in the collector and the under-raiyat in the matter of initiating a proceeding against the landlords without laying down any guidelines for the purpose with the result that while in similar circumstances a proceeding under the section may be started against one landlord, it may not be started against the other and a civil suit may be filed against him by the under-raiyat. ..... it has been submitted that the question whether against the order under sub-section (10) of section 48e of the bihar tenancy act an appeal lies or not was not an issue in the case of ram narain singh and it was not canvassed before the hon'ble court by the parties and, therefore, the decision in 1973 bljr 662 has no binding precedent. ..... collector is not the appellate authority under section 48f of the bihar tenancy act as only the collector of the district is authorised to exercise appellate jurisdiction under section 48f of the bihar tenancy act, the order impugned is without jurisdiction as it has been passed by the addl. ..... made efforts for amicable settlement and on failure of amicable settlement called upon the parties to adduce evidence. .....
Tag this Judgment!Court : Patna
..... 3 is obliged to determine the market value of the land or part, thereof, on the basis of the sale price of the lands in the vicinity immediately preceding the date of the use of the land under sub-section (4) of section 23 of the tenancy act for the purpose not enumerated in sub-section (2) of section 23 of the tenancy act, whereas, it has been provided in sub-rule (2) of rule 4 that if the basis of the fixation of market value of the land as mentioned in sub-rule (1) is not available, the collector shall determine the market value of the concerned land even on the basis of the sale price of similar ..... of the act introduced through an a amendment act 1947, created right of occupancy in every raiyat in all lands for the time being hold by him in a village subject to proviso in that section which provides that no person, who is not a settled raiyat of the village, shall have any such right of occupancy in any bakasht land settled with him by a proprietor or tenure holder whose total acreage of such land in his possession at the date of settlement does not exceed 40 acres unless such settlement has ..... : [1970]75itr603(sc) , it has been held that as a general rule it may be said that so long as a tax retains its character as a tax and is not confiscatory or extortionate the reasonableness of the tax cannot be questioned.22. .....
Tag this Judgment!Court : Patna
..... it appears that even after , the rejection of its objections filed under section 9 of the act by the certificate officer, the petitioner moved the board of bicico agitating before them that the institution of the certificate case was wholly unreasonable and arbitrary since there was no clause in the loan documents that bicico would recover its dues from the loanee under the provisions of the p.d.r. ..... state, air 1978 pat 289, a division bench of the court made the following observation :'a certificate is an ex parte decree as it is filed behind the back of the certificate debtor, and the certificate debtor's right to impugned the validity and correctness of the demand is reserved to a stage to come after service of notice under section 7.'23. ..... the petitioner is making settlement of its dues under the one time settlement policy of the year 2004 of bicico. ..... if all modes for recovery were closed to the bicico, it is very unlikely that the concerned defaulting unit would still come to it for paying its dues under the one time settlement scheme.19. ..... needless to say that under the policy settlement of dues by a 'litigated unit' or a 'sick unit' is made on payment of a considerably lower amount than in the case of a unit in the general category. ..... the petitioner is accordingly held to be a 'litigated unit' and bicico is directed to make settlement of its dues with the petitioner treating it to be a 'litigated unit'. .....
Tag this Judgment!Court : Patna
..... stated about the occurrence right from the stage of the firing of the first pistol shot by someone from near the betel gumti till the fleeing away of the accused towards north in the direction of the lakhandai river and the arrest of the accused who had fired the first shot ..... that the appellant sanjay singh is not named in the informant's fardbeyan but it may be noted that the informant had described one of the accused as the younger brother of tuntun singh (both sons of rajeshwar singh, resident of basghatta) and according to the fardbeyan both the brothers had hurled the bombs hitting the deceased. ..... that tuntun singh and sanjay singh were on enmical terms with them (the two brothers) over the question of settlement of a jalkar. ..... his younger brother hurled, one after another, two bombs at his brother shyam kumar singh that hit him on the right side of the rib cage and the right shoulder (dahina panjra ewam dahina pakhura), causing grievous injuries to him. ..... that the conviction under section 4 of the explosive substances act was bad since there was no sanction under section 7 of the act. ..... the single appellant sanjay singh stands convicted under section 302 of the penal code and section 3 of the explosive substances act and sentenced to undergo rigorous imprisonment for life for the offence of murder and seven years for causing explosion by ..... consequently, the conviction of the appellant under section 4 of the explosive substances act and the sentence given to him under that provisions .....
Tag this Judgment!