Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... the respondents on the issue of maintainability of the present t.a. 2. the applicant, ndmc avam karamchari bachao morcha, a registered union of employees of ndmc under the indian trade unions act, 1926, through its general secretary, originally filed the writ petition (c) no.5244/2013 before the honble high court of delhi seeking the ..... following reliefs: (a) to issue a writ of quo warranto holding that the extension of respondent no.4 as advisor (revenue) and advisor (legal) ndmc is illegal and void under the new delhi municipal council act ..... is entertained and allowed. in view of the definition of the `service matter under section 3(q) of the act, referred to above, and also in view of the disentitlement of the applicant-union, from maintaining the ta there being at least one affected person joined in the application, the ta is not .....
Tag this Judgment!Court : Karnataka Dharwad
..... the kind cannot espouse the individual/personal cause of its members. espousal of such causes is not shown to have been authorised by any statute like the trade unions act, 1926 & industrial disputes act, 1947, which provide for collective bargaining & espousal of individual causes of workmen. it is not that the member teachers of the association are a vulnerable ..... way through, all of a sudden, wisdom dawned on him and he rushed to the writ court raising hue & cry. the apex court in mustafa vs. union of india8 while considering a similar point held: when a person takes a chance and participates, thereafter he cannot, because the result is unpalatable, turn around to ..... the lifeblood of our country; in india, it is a way of life. several social values have evolved from agriculture. apex court in m.c mehta vs. union of india4 observed: agriculture is the backbone of the economy of this country. its interest cannot be overlooked when the state has the obligation towards the agriculture .. the .....
Tag this Judgment!Court : Karnataka Dharwad
..... the kind cannot espouse the individual/personal cause of its members. espousal of such causes is not shown to have been authorised by any statute like the trade unions act, 1926 & industrial disputes act, 1947, which provide for collective bargaining & espousal of individual causes of workmen. it is not that the member teachers of the association are a vulnerable ..... way through, all of a sudden, wisdom dawned on him and he rushed to the writ court raising hue & cry. the apex court in mustafa vs. union of india8 while considering a similar point held: when a person takes a chance and participates, thereafter he cannot, because the result is unpalatable, turn around to ..... the lifeblood of our country; in india, it is a way of life. several social values have evolved from agriculture. apex court in m.c mehta vs. union of india4 observed: agriculture is the backbone of the economy of this country. its interest cannot be overlooked when the state has the obligation towards the agriculture .. the .....
Tag this Judgment!Court : Chennai
Reported in : (1949)2MLJ789
..... 10) whether the management is justified in departing from the usual practice and directing the weavers to change over looms; (11) whether the workers' union registered under the trade union act should be recognised by the management of the kandan textiles, if so, on what conditions.the order made specific reference to two letters from the ..... madras : (1941)2mlj175 .. in that case the madras hindu religious endowments board notified certain temples under chapter vi-a of the madras hindu religious endowments act, 1926. in accordance with the decision of the board, the government declared the temples to be subject to the provisions of the chapter. it was contended that this ..... 6th of july. in the evidence before the tribunal an attempt was even made to show that this union was started before sundaram's dismissal in january 1948. registration of an union under the indian trade unions act is not conclusive proof of its real existence. it may raise a presumption to this effect. certain formalities .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR110; 2007(1)BomCR329
..... the original proposal was modified. the generation and use of tdr is therefore inseparably linked with the slum policy as a whole as enacted under the slums act, mrtp act and dcr 33(10). the same is evolved considering the necessity of the times. considering the urgent need of removing the slums and by following the ..... introduced the doctrine of procedural due process into article 21. this has been recognised by subsequent judgments of the supreme court including in francis coralie mullin v. administrator union territory air 1981 sc 746. in bombay dyeing and . v. bombay environmental action group and ors. : air2006sc1489 , the court held that article 21 does not ..... rejected it and for that purpose reliance is placed in the judgment of kesavananda bharati v. state of kerala : air1973sc1461 . in a.k. gopalan v. union of india : 1950crilj1383 the supreme court held that the american doctrine of due process has not been introduced in the indian constitution by its framers who have deliberately .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC1125; 1997(1)BLJR735; (1997)1CALLT55(SC); 83(1997)CLT815(SC); 1997(92)ELT318(SC); [1997]228ITR725(SC); JT1997(3)SC589; 1997(1)MPLJ621; 1997(I)OLR(SC)408; 1997(3)SC
..... several deficiencies which need to be removed. the remedy, however, lies not in striking down the constitutional provisions involved but in allowing the union of india to further amend the act so as to ensure that the tribunals become effective alternative form; (ii) article 323a (2)(d) does not violate the basic structure ..... mechanisms would not, in the absence of an atmosphere conducive to the building of traditions, be able to act as effective alternatives to high courts for the exercise of constitutional jurisdiction. in pratibha bonnerjea v. union of india : air1996sc693 , this court has analysed the special constitutional status of judges of high courts and ..... matters, judicial review is not a necessary requirement. 66. in minerva mills v. union of india, a five-judge constitution bench of this court had to consider the validity of certain provisions of the constitution (42nd amendment) act, 1976 which inter alia, excluded judicial review. the judgment for the majority, delivered by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1964]3SCR787
..... which sub-section (1) of this section does not apply; or (b) ... ... ...176. a similar provision wasenacted in india in the government trading taxation act, 1926 (act 3 of 1926).its preamble recited : whereas it is expedient todetermine the liability to taxation for the time being in force in britishindia of the government of any part of ..... taxation and that the general words of the exemption have to be limited intheir scope so as not to come into conflict with the power of the union toregulate trade and commerce and to impose duties of customs. 31. it is next urged on behalf ofthe states that even if art. 289(1) only ..... responsible body designated to determine those mattersin an objective way. it cannot, therefore, be justly contended that theconstruction of art. 289 suggested on behalf of the union will have the effectof seriously and adversely affecting the revenues of the states. the financialarrangement and adjustment suggested in part xii of the constitution has beendesigned by .....
Tag this Judgment!Court : Mumbai
Reported in : (1986)IILLJ31Bom
..... order1. the petitioner is a trade union registered under the indian trade unions act and represents the employees employed by respondent no. 2. the respondent no. 2 is a public limited company incorporated under the indian companies act and is engaged in the manufacture of pharmaceutical and fine chemical products. the respondent no. 2-company has a factory ..... case, the respondent no. 2 company had no public duty and mere non-observation of the requirement of s. 33 of the act, even if the claim of the union in this respect is accepted, would not entitle this court to issue writ of mandamus.9. accordingly, the petition fails and the rule ..... parties that the demand has been admitted in conciliation under s. 12(1) of the industrial disputes act. the conciliation proceedings ar still pending before the conciliation officer. subsequently, by letter dated march 6, 1985, the union requested the conciliation officer to admit additional demand and that too was admitted and is pending. the additional .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC605; JT1994(6)SC632; (1994)6SCC360; [1994]Supp5SCR1
..... , was substituted by the constitution (seventh amendment) act to read as under:acquisition and requisitioning of property. before the constitution (seventh amendment) act, the relevant entries read as follows:list i, entry 33:acquisition or requisitioning of property for the purposes of the union.list ii, entry 36:acquisition or requisitioning of property ..... , except for the purposes of the union, subject to the provisions of entry 42 ..... in kesavananda bharati v. state of kerala : air1973sc1461 . it was unanimously reaffirmed by the nine judge bench of this court in s.r. bommai v. union of india : [1994]2scr644 . sawant, j. analysed the preamble of the constitution and various articles therein and held that there provisions, by implication, prohibited .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1991]71CompCas403(SC); (1991)1CompLJ235(SC); 1991(1)Crimes556(SC); JT1991(1)SC376; 1991(1)SCALE193; (1991)2SCC141; [1991]1SCR396a
..... rex v. yalore [1908] 2 kb-237 and the london county council v. worley [1894] 2 ob 826. in best v. butler and fitzgibbon (supra) in england, the trade union act, 1871 by section 12 provided that if any officer, member or other person being or representing himself to be a member of a ..... trade union, by false representation or imposition obtained possession of any moneys, books etc. of such trade union, or, having the same in his possession wilfully withheld or fraudulently misapplied the same, a court of summary jurisdiction would order ..... of a stone quarry under regulation 3 of the indian metalliferrous mines regulations, 1926 even after warning from the chief inspector was a continuing offence. section 79 of the mines act, 1952 which provided that no court shall take cognizance of an offence under the act unless a complaint was made within six months from the date of the offence .....
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