Court : Gujarat
Reported in : (2004)1GLR50
..... judge in the group of petitions was not taken by the appellants in right earnest probably because of the pressure of the employees or their union;(f) entrusting the inquiry to the appellants themselves would mean that they will be prosecuting their own cause and the whole truth may not come ..... appellant banks themselves have filed complaints against their own officers and have also suspended them and issued chargesheet in departmental inquiries, stating that those officers acted fraudulently, the appellant banks cannot be exonerated of their vicarious liability by making allegations against office bearers of co-operative banks or societies.24.3 ..... entertained writ petitions under article 226 of the constitution and then referred the matter to arbitration in violation of the provisions of the arbitration and conciliation act, 1996 in absence of any arbitration agreement between the parties. even after making such observations, the apex court also reiterated the following observations made in .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)0GLR1044; (1966)IILLJ791Guj
..... 'industrial dispute,' though even a single workman's case might develop into an 'industrial dispute' when, as often happens, it is taken up by the trade union of which he is a member and there is a concerted demand by the workmen for redress. the dispute in the latter case would become an industrial ..... individual dispute and the applicability of the rule of interpretation above referred to was, therefore, excluded. the petitioners pointed out that unlike the industrial disputes act, 1947, the present act contained not only provisions relating to conciliation, arbitration, adjudication and awards but also provisions intended to regulate the contract of employment between employer and workmen ..... the employee under s. 27a and withdraw such application or apply for dismissal of such application and the individual employee would be bound by the act of the representative union and would have no say in the matter, but there is no reason why we should adopt a construction which would have the effect .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]84CompCas230(Guj)
..... in the case of amalgamation of tata oil mills co. ltd. (tomco) with hindustan lever ltd. decided on may 18, 1994 (hindustan lever employees' union v. hindustan lever ltd. : (1995)illj1099bom ) observed that too right interpretations which would hamper the conduct of the business should not be adopted. after all ..... exceptional nature through fire and floods, profit or loss of any isolated transaction, receipt of commissions for a special service; profits or losses from non-trading investments, capital profits or loss; provision for bad and doubtful debts; adequate depreciation provision; valuation of stock consistent with previous years; deduction of tax ..... therefore, the agreement was not enforceable. the terms and conditions of the alleged family arrangement of 1979, more particularly the suggestion v thereof, were firstly, not acted upon and, secondly, to such a family arrangement the present company - mil or other companies - were not parties. thirdly, the enforcement of the alleged .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj234a
..... the legislatures, the high courts, authorization of expenditure, apportionment of assets and liabilities of some of the states, apportionment of certain assets and liabilities of the union, provisions as to certain corporations and inter-state agreements and arrangements, by part x provisions have been made as regards the services which were in existence ..... punjab was created comprising of the territories of the then existing states of punjab and then patiala and east punjab states union. it will thus be seen that under this part of the act transfers of territories took place from one state to another and new states were formed and territories of the exiting ..... in the following terms:'309. subject to the provisions of this constitution, acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the union or of any state: provided that it shall be competent for the president .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)3GLR1856; (2009)ILLJ399Guj; [2008]84SCL133(Guj)
..... .2007, this appeal has been filed by ipcl employees' association having membership of about 2039 employees and ipcl employees' union having membership of about 1602 employees. the third trade union being petro chemicals kamdar union having membership of about 1296 members has not challenged the said judgment of the learned company judge. the total number ..... even if the law is silent on the issue, such a requirement should be read into section 391 of the companies act. it has been seriously urged on behalf of the unions that the sanction should be refused because the workmen were not associated in the process of negotiation of the amalgamation and ..... to any general or special order issued by the state government under section 3a or by the central government under section 3 of the industrial disputes act, which authorizes appropriate government to require the employer to constitute a works committee consisting of representatives of employers and workmen engaged in the establishment. if .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)4GLR700
..... behalf. in this connection, the learned counselfor the petitioner has relied on the judgement of englishcourt reported in (1972) 1 all england law reports 1105reported in re union accident insurance co. ltd. inthis case on page 1110 the court has observed as under:-'there are two matters though, which seem to be relevant for me ..... andinvestment co. ltd. vs . reserve bank of india reportedin : 1991crilj1391 . in this case the supreme courtafter considering the decision in delhi cloth and generalmills vs . union of india reported in : [1983]3scr438 hasobserved in para 32 as under:-'the function of the court is to see that lawful authority is not abused but not to ..... a company in voluntary liquidation.a petition can be presented in the name of the secretary of state for trade acting through one of his officers and does not require the personal attention of the secretary of state for trade. where the relevant officer of the secretary of state swears an affidavit verifying the petition, being an .....
Tag this Judgment!Court : Gujarat
Reported in : (1974)ILLJ1Guj
..... was no longer followed in the engineering industry and that the holidays enjoyed by the workers were in excess of what prevailed in other industries. the union contended that the trend of all awards had always been against the curtailment of existing facilities; that in the interest of industrial peace, production and ..... a mixed industrial work force. while in traditional industries this change is slow, one cannot escape noticing it in sophisticated employments such as engineering and metal trades; oil refining and distribution; chemicals and petrochemicals; machine tools and machine building; and synthetics and in many white-collar occupations. the background of the intermediate ..... their household duties and to fulfill social and moral obligations towards their families. 2. reliance was also placed on the provisions of the shops and establishments act and other acts and the award of the industrial court, maharashtra in the year 1963 in reference (ic) no. 130 of 1961 (reported in 1964 icr p. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2003Guj145; 2003(2)ARBLR241(Gujarat); (2003)1GLR438
..... bombay high court in kapal r. mehra v. bhupendra m. bheda, 1998 (4) bom.cr 872, has taken a similar view. the constitutional validity of the act was under challenge in babar ali v. union of india, 2000 (2) scc 178, wherein it was turned down with the observations that only because the question of jurisdiction of the arbitrator was required to ..... three judge bench of the supreme court in bhatia international v. bulk trading sa, 2002 (4) scc 105, is rendered under the provisions of the new arbitration and conciliation act, 1996 which has, while repealing, substituted the arbitration (protocol and convention) act, 1937, arbitration act, 1940 and foreign awards (recognition and enforcement) act, 1961. in the facts of that case, while arbitration was held in .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj175; (1965)GLR554
..... for the purpose of this question ajudicial act seems to be an acl done by competent authority, upon consideration of factsand circumstances, and imposing liahility oraffering the rights of others.'this definition was approved by lord alkiusunin frome united breweries co. ltd v. bathjustices (1926) ac 586 as one of the ..... best defi-nitions however the definition that has nowbecome classic is that given by atkin c, j ashe then was in rex v. electricity commissioners,(1924) i kb. 171 it runs as follows.'wherever any body of persons having legal authority to determine questions affectingthe rights of subjects, and having the duly to act judicially, act ..... after examining various authorities, pointed out what were the principles which could be gleaned from these authorities for deciding whether a particular act is an administrative act or a quasi judicial act. he said:'....the principles, as i apprehend them, are: (i) that if a statute empowers an authority, not being a .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj82; (1964)0GLR329
..... right guaranteed by article 19(1)(c). the principal ground upon which the section was struck down was that the fundamental right to form associations or unions guaranteed by that article had such a wide and varied scope for its exercise and its curtailment was fraught with such potential reactions in the religious, ..... individuals and firms on the one hand and companies on the other. such classification is easily understandable from the fact that companies incorporated under the companies act would be better agendas with possibilities of investments and resources on a larger scale than either individuals or firms. besides, the companies would be conducing ..... companies and that those classifications were not warranted inasmuch as there was no reasonable nexus between such classifications and the object in view in enacting the act. mr. nanavaty however conceded that the classifications were based on an intelligible differented and his objection was limited to the alleged absence or any nexus .....
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