Court : Mumbai
Reported in : 1996(2)BomCR230; [1996(73)FLR1508]; (1996)ILLJ1200Bom
..... 10(1) of the act copy whereof is exhibit 'k' to the petition. ..... the petitioners have contended though not pleaded in the petition that the contract labour in relation to employment of 'contract labour' on and from 1st march 1977 inter alia in relation to watching of buildings owned or occupied by establishments in respect of which the appropriate government under the contract labour (regulation and abolition) act 1970 has stood abolished on and from 1st march 1977 and the case of petitioners falls within the purview of notification dated 9th december 1976 issued by the central government under section ..... 1 has submitted that even the settlements/arrived at between the concerned workmen and the contractors including the last settlement dated 19th august 1992 clearly described messrs. ..... 5 lacs towards full and final settlement of all the claims awarded by the industrial tribunal towards retrenchment compensation and also the amount of gratuity payable to the workers covered under the award. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR733; (2005)107BOMLR942; (2006)IILLJ834Bom
..... , the abovereferred settlement shows as to what are the causes for executing the said settlement, the historical background since 1970 onwards; as to how the business of the efd had dwindled down from time to time and how the diversified efforts made for the survival of the efd of the appellant had ultimately failed, and that in december 1987 as a result of the disconnection of the electric supply and reduction of three working days in a week, the appellant's efd at satara road had come to a standstill and that in order to avoid a closure, the said settlement ..... , we also scrutinise as to whether the settlement is just, proper and bonafide one, keeping in view the provisions of section 18(1) of the industrial disputes act along with amendment in the said section by insertion of proviso to section 18(1).the word 'settlement' has been defined in section 2(p) of the industrial disputes act, 1947 as follows:'settlement' means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner .....
Tag this Judgment!Court : Karnataka
Reported in : (1987)ILLJ407Kant
..... alternatively the learned counsel for the corporation maintained that both the corporation and the 2nd respondent had been permitted to engage the contract labour by virtue of the certificate of registration and the licence granted by the competent authority under the act and during the currency of the certificate of registration and the licence it is not open to the union to make any claim against the corporation either under the act or under the i.d. ..... that was a settlement in the course of conciliation and it was executed on 21st january, 1984 and in the absence of any period mentioned in the settlement the provision of section 19 of the act would be applicable for ascertaining the rights of the parties under the said settlement. ..... the corporation is admittedly an establishment within the meaning of section 2(3)(ii) of the contract labour (regulation and abolition) act, 1970 (in short the act) and is also an authority under article 12 of the constitution. ..... that action was brought before the supreme court under article 32 of the constitution on the ground that the central government and the state government had not done anything to redress their grievances for either departmentalising them or in the alternative extending to them the benefit of contract labour (regulation and abolition) act, 1970. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR1787
..... that legislative power is not taken away by section 12(3) or 18(3) of the industrial disputes act which deals with settlements between the management and the workmen and its consequences where such settlements are made for resolving the industrial dispute between the parties.89. ..... interestingly, in chandra bhavan case, : (1970)iillj403sc , the chief engineer of pwd was the employers 'the civil service in britain and france' representative and his appointment as such was upheld by this court on the ground that the operations of pwd would come under the scheduled employments and therefore he could be the representative of the employer, namely, the government. ..... the heart of the case in these proceedings is enmeshed by the tangled skeins of the various arguments of the learned counsel for the parties on these two points and others incidental thereto and therefore it is necessary to determine the ratio decidendi in chandra bhavan : (1970)iillj403sc and state of andhra pradesh, 1973-i llj 476 cases.44 ..... in chandra bhavan, : (1970)iillj403sc , the fixation of minimum wages under the procedure as provided for under section 5(1)(a) of the act, was challenged in this court originally ..... for these reasons, i am of the view that the decisions in chandra bhavan, : (1970)iillj403sc and state of a.p. ..... if the chief engineer of pwd could be the employers' representative in chandra bhavan case, : (1970)iillj403sc ..... the supreme court affirmed the decision of this court in : (1970)iillj403sc on both these .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1573
..... the government issued a memo to the chief secretary to the government of karnataka with the caption, 'impact of 26th constitution amendment act, 1971' which stated :'the government of india is of the view that the 26th constitution amendment does not affect the properties which were recognised as private properties of the rulers in accordance with the settlement with them. ..... , : [1970]2scr100 , is also of no help to them because in that case while considering the scope of entry 54 of the union list and entry 23 of the state list the court held that the entry of the state list was subject to the entry of union list and it was open for the parliament to declare that it was expedient in the public interest that the control should vest in the central government. ..... indeed, in kraipak's case (supra) it was observed (at p.154 of air 1970): 'the dividing line between an 'administrative power and a quasi- judicial power is quite thin and is being gradually obliterated......... ..... in that case, challenge was made to the presidential order dated 6.9.1970, derecognizing rulers of former indian states. ..... on 6.1.1970, the president of india is stated to have passed orders in respect of each of the rulers of the former indian states, derecognizing them as rulers of their respective states. ..... union of india, : [1970]1scr457 there was a reiteration of the principles, albeit in a different form, laid down by this court in dr. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(6)ALD520; 1998(6)ALT235
..... should be registered under the provisions of section 59 of the transfer of property act and that the said document is inadmissible in evidence under the provisions of sections 17 and 49 of the indian evidence act (sic registration act) and that the plaintiffs failed to produce the said document into the court-the plaintiffs could not be found fault for non-production of the said mortgage deed for the reason that they are the mortgagors and the mortgage deed will be with the first defendant who is the mortgagee under the said document- moreover ..... the plaintiffs failed to repay the mortgage amount and also failed to pay the paddy as per nagu and therefore the plaintiffs and the defendants settled their accounts in the presence of the village elders and agreed to the settlement and the terms of the said settlement are that plaintiffs should relinquish their right over the suit land in favour of the first defendant and the first defendant should forego the mortgage ..... on reappraisal of the evidence on record and the case law, the lower appellate court held that the provisions under aps alt regulation 1959 as amended by the regulations of 1963 and 1970 are not applicable to the suit transaction as such regulation is not applicable retrospectively in view of the full bench division of this court reported in 1981 (2) alt 238, and as such the suit for redemption is maintainable and that the alleged agreement of sale ex.bl relied on by the defendants is a concocted document and it is not .....
Tag this Judgment!Court : Allahabad
Reported in : (1997)1UPLBEC594
..... be inferred and as such a judicially discoverable and manageable issue has arisen in the instant case the only new material which can be said to be technically available before the president is the notification under section 73 of the representation of the people act but that too looses it is substance and significance in view of the governor's report which says that all the results were declared on 10-10-1996 itself and the position was clear to the governor on 10-10-1996 itself that there was no possibility of any party or group ..... this convention was well established until it was rudely shaken in the 1970 when names started being sent from delhi by political authorities for appointment as high court judges. ..... the first proclamation in uttar pradesh was issued on 25-2-1968, the second proclamation on 1-10-1970, third proclamation on 13-6-1973, fourth proclamation on 30-11-1975, fifth on 30-4-1977, sixth on 17-2-1980, seventh on 6-12-1992, eighth on 18-10-1995 and ninth proclamation was issued on 18-10-1996.35. .....
Tag this Judgment!Court : Allahabad
Reported in : [2004(102)FLR258]; (2005)ILLJ28All
..... sri simal chand jain and ex-assistant cashier at the meerut city branch of the bank with effect from september 7, 1977 in contravention of the provisions of the bipartite settlement is legal and justified if not, to what relief ..... of india and their workman in respect of the matter specified in the schedule hereto annexed,and whereas the central government considers it desirable to refer the said dispute for adjudication,now, therefore, in exercise of the powers conferred by clause (d) of sub-section (1) of section 10 of the industrial disputes act, 1947 (14 of 1947), the central government hereby refers the said dispute for adjudication to the central government industrial tribunal, new delhi constituted under section 7a of the said act.the schedule'whether the action of the management of the bank of india, lucknow in dismissing ..... the petitioner was placed under suspension on july 30, 1970 with effect from july 26, 1970. ..... 50,000/- on june 25, 1970 in cash was detected while he was officiating as head cashier at central bank of india, meerut city. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(4)JCR268(Jhr)]
..... thereafter, the deputy collector, land reforms, gumla issued a letter dated 3.1.1970 by which he returned the file to the circle officer whereafter on 15.12.1970, vide annexure-4, he once again recommended the settlement of the land in question in favour of bishwanath prasad choudhary mentioning therein specifically that he had converted the land into 'korkar' and as such there was no possibility of settlement of that land in favour of any other person. ..... under section 13 of the bihar public land encroachment act, any order passed under that act may be reviewed by the officer who made the order or by his successor-in-office on account of any mistake or error in course of any proceeding under that act. ..... thus, what the petitioners contend is that their predecessor-in-interest namely bishwanath prasad choudhary (the original petitioner) converted this land into 'korkar' as provided under the provisions of the chotanagpur tenancy act, 1908.4. ..... it was heard at length and under the provisions of section 13 of the bihar public land encroachment act, 1956 the order dated 12.12.1997 was set aside. ..... according to the petitioners the act of converting this land into a cultivable area was made after obtaining oral permission of the then landlord maharaja pratap uday nath shahdeo. ..... thus, section 13 of the bihar public land encroachment act was correctly invoked and as a consequence thereof, the order dated 27.10.1999 (annexure-8) was passed. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori173; 40(1974)CLT213
..... cost free from the mortgage and from all encumbrances created by him or those claiming ..... (1) notwithstanding anything to the contrary contained in any other law or anything having the force of law or in any contract, any possessory mortgage, which is executed either before or after the commencement of this act, shall, unless discharged previously, be deemed to stand discharged after the expiration of fifteen years from the date of the mortgage and the mortgagee shall deliver up to the mortgagor all documents in his possession or power relating to the mortgaged property and shall, if so required, re-transfer the property to the mortgagor at his ..... . (as he then was) observed that by the mere fact of the satisfaction of the mortgage debt, the possession of the usufructuary mortgagee did not become adverse to the mortgagor and as such the mortgagee could not be said to have excluded the mortgagor from possession from the date of satisfaction of the mortgage.the same view has been taken in air 1968 mad ..... . took the correct view in (1970) 1 cut wr .....
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