Court : Gujarat
Reported in : (1985)2GLR767
..... by the method of collective bargaining. the bir act, therefore, cannot be made applicable to all the industries irrespective of the standing of the industries, the development thereof, the financial capacity, the competence of the management therein and the strength and experience of the labour unions. in the very nature of things, therefore, ..... of the act to an industry or an undertaking it is essential that the labour employed therein is of sufficient strength and organised..... .the need of regulating the relations of employers and employees and settlement of disputes on collective basis is clearest when the number of labourers is large and the labour is ..... agree with this criticism since it cannot be said that the discretion is uncontrolled. the preamble clearly indicates that the purpose of the act is for regulating the relations of employers and employees, and for settlement of industrial disputes. the bir act is envisaged to encourage more and more approved unions in organised .....
Tag this Judgment!Court : Delhi
Reported in : ILR1985Delhi1
..... situated at diverse places in india.(4) the central government, in exercise of its powers con ferred by section 18(g) and section 25 of the industries (development and regulation) act, 1951 issued the cement control order, 1967 which came into effect from 1st january, 1968. under clause 7 of the order it was provided that ex ..... as recommended by the committee. in the letter dated 1st may, 1979 written by the joint secretary to the cabinet to the joint secretary, department of industrial development, it was stated that the cabinet in its meeting held on 31st april, 1979 had considered the report of the high level committee and its main recommendations and ..... also filed. it was, inter alia, prayed in the application that the petitioners should be permitted to retain from any amount due by them under the cement regulation account, an amount equivalent to shortfall in the escalation increase denied to them, high amount of shortfall was indicated in the aforesaid statement which was filed.(12) .....
Tag this Judgment!Court : Gujarat
Reported in : [1986]59CompCas201(Guj)
..... under section 536 of the companies act, 1956, in the matter of financial arrangement between the applicant company on the one hand and the industrial development bank of india, the indian credit and investment corporation of india ltd., industrial finance corporation of india, the industrial reconstruction corporation of india ltd ..... clause (iv) of prayer (a) subject to the condition that the applicant company shall not utilise and/or disburse the funds provided by the industrial development bank of india, the industrial credit and investment corporation of india ltd., industrial finance corporation of india , the industrial reconstruction corporation of india ltd. ..... 536(2) of the companies act, 1956, in the matter of financial arrangement between the applicant company on the one hand and the industrial development bank of india, the industrial credit and investment corporation of india ltd., the industrial finance corporation of india, the industrial reconstruction corporation of india ltd .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC218; 1984(2)SCALE769; (1985)1SCC345; [1985]2SCR72; [1986]62STC130(SC)
..... those provisions of the act which enumerate some of the duties and powers of the market committees constituted under the acts and the purposes for which the marketing development fund and the market committee fund may be expended. we may mention that while there is to be a state agricultural marketing board for the entire state for ..... thus in a position to dictate their own terms and that the bargains were seldom fair to the seller.it was also observed that for want of facilities, for warehousing the produce, the grower was not in a position to wait and sell the commodities for proper price (vide pages 78 &' 79). in 1933 the act now ..... their powers under section 33 of the act, the state government have framed the andhra pradesh (agricultural produce and livestock) markets rules, 1969. chapter v relates to 'regulation of trading'. it would appear that rules 48 to 53 are the machinery provisions for controlling the trade in notified agricultural produce, livestock and products of livestock in a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC278; (1985)ILLJ69SC; 1984(2)SCALE815; (1985)1SCC218; [1985]2SCR119
Ranganath Mishra, J.1. The short point which arises for determination in this appeal by special leave is as to whether a partner of a firm is an 'employee' within the meaning of Section 2(9) of the Employees State Insurance Act, 1948 (hereinafter called 'the Act'). Respondent Ramanuja Match industries which is a firm engaged in manufacturing of matches within the Trichur area of Kerala State and the question as to whether it is covered under the provisions of the Act fell for consideration. The Inspector found that there were 18 regular employees and three of the partners who worked regularly for wages were to be put together. Thus the number of 20 employees as required by the Act was satisfied and the respondent did incur liability for contribution. The respondent challenged its liability before the Employees Insurance Court at Calcutta by contending that partners were not employees and when the three partners were excluded, the total number of employees did not exceed the statutory m...
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1985]58STC223(AP)
..... royalty' generally speaking. we shall confine ourselves to the meaning of the said expression as obtaining under the mining leases, granted under the mines and minerals (regulation and development) act, 1957 and that too, major minerals alone. 31. our finding that the lease deed executed in form k prescribed by the rules framed under ..... this contention of the appellant was rejected by the supreme court on the following reasoning : though the definition of 'mining lease' in the mines and minerals (regulation and development) act, 1957 is not used in the narrow technical sense in which the expression 'lease' is defined in section 105 of the transfer of property act, ..... mancherial and in seetharamapuram, and nearby villages for purposes of the said two factories. the lease is granted under the provisions of the mines and minerals (regulation and development) act, 1957. under the terms of the lease deed, the petitioner is liable to pay dead-rent at a particular rate for each hectare comprising .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC577; 1985(1)SCALE1205; (1985)2SCC54; 1985(17)LC318(SC)
R.B. Misra, J.1. The dispute in the present appeal by special leave centers round survey plots No. 149 and 150 measuring 17 acres 23 gunthas and 11 acres and 35 gunthas respectively at Yadgir, District Gulbarga. The disputed plots admittedly belonged to one Galappa. The appellants' father purchasedthe aforesaid two plots under a registered sale deed from Galappa in 1917. As Galappa was a minor at that time the sale deed was executed by his mother, Tayamma as a guardian.2. In 1919 Tayamma filed an application before the Tahsildar alleging that she executed only a mortgage deed and not a sale deed in favour of the appellants' father. The Tahsildar, however, negatived her claim and came to the conclusion after investigation that Tayamma executed a sale deed and not a mortgage deed in favour of the appellants' father. She went up in appeal but the same was dismissed and the parties were directed to approach the civil court for a proper redress of the grievances. In the meantime Saibanna, t...
Tag this Judgment!Court : Karnataka
Reported in : AIR1986Kant21; ILR1985KAR2477
..... case jagannatha shetty, j. referred to the general description of the state of karnataka as given in the 'document of international bank for reconstruction and development, international development association' published on 7th mar. 1973 reads :'from the statistics given therein at page 3, it is clear that the state of karnataka has ..... matters to be considered by the licensing authority in granting the licence. from these provisions, the legislative purpose is clearly intelligible; that was, to regulate the cinematograph exhibitions at suitable places in different locality or localities having regard to the interest of the public generally and to the benefit of any ..... the permanent cinema operators in the state.33. in their return, the respondents have justified the impugned rules. the respondents have urged that the rules regulating touring cinemas, that have their own peculiarities and distinctions, are not violative of art. 14 of the constitution while asserting that the rules have been .....
Tag this Judgment!Court : Delhi
Reported in : [1985(51)FLR93]; ILR1988Delhi306
..... but also with the social objectives of providing employment to such technicians. modernisation of industries is not only a need for the communist china but for developing countries including india. the real problem is how to balance the interest of the multitude of unskilled labour seeking employment and proper utilisation of the trained ..... apprentices under the apprenticeship act fall within the category of existing apprentices mentioned in the rules. we also note that the said recruitment rules are not statutory regulations and, thereforee, cannot be construed by literal interpretation.(7) the counsel for the petitioner has further submitted that in april, 1980 the ministry of labour, ..... as in public sector. where a person works as an apprentice under the act in a private company or establishment his rights and duties will be regulated only by the contract. but where the apprentices training is in a government company or a corporation, as instrumentalities of the state, they must abide .....
Tag this Judgment!Court : Chennai
Reported in : [1985]57CompCas489(Mad)
..... .1. the applicant is the union of india, represented by the secretary, department of textiles, ministry of commerce, new delhi. the application is laid under s. 15a of the industries (development and regulation) act, 1951 (hereinafter referred to as 'the act'). 2. it is now well-publicised that m/s. anglo-french textiles ltd., mudaliarpet, pondicherry, had closed its business; that 7 .....
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