Court : Supreme Court of India
Reported in : AIR1957SC326; 1957(0)KLT212(SC)
Bhagwati, J.1. The facts leading up to this Special Leave Appeal lie within a very narrow compass. The first respondent was engaged in the service of the appellants as a Driver at their Santa Cruz Airport Service Station. On the morning of the 28th November, 1952, while on duty at the Santa Cruz Aerodrome in an area where smoking is prohibited and at a time when an aircraft was being re-fuelled by the appellants the first respondent was found smoking within about 25 ft. of the said aircraft. Smoking while on duty is prohibited by the appellants; the area in which the first respondent was found smoking is an area where smoking is prohibited; and under the Aircraft Ground Fire Precaution Rules, smoking is prohibited within 100 ft. of an aircraft being re-fuelled. At the time when the re-fuelling was in progress a 'No Smoking' sign was placed on the re-fueller with a view to prevent anyone in the vicinity from smoking and definite instructions had been given to this effect to all the staf...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC73; (1957)ILLJ258SC; [1956]1SCR939
Govinda Menon, J. 1. On July 20, 1954, the High Court of Judicature at Bombay granted a certificate of fitness under Art. 133(1)(c) of the Constitution that the judgment of that court dated July 2, 1953, passed in Special Civil Application No. 159 of 1953, was a fit one for appeal to the Supreme Court as it involved a substantial question of law, and it is in pursuance of such certification that the above appeal is now before this court. A brief resume of the facts and circumstances, which led to the application for a writ of certiorari in the High Court, becomes necessary for a correct appreciation of the question of law involved and may, therefore, be shortly stated. 2. The appellant which may hereafter, for the purpose of convenience, be called 'The Mill', is a limited company owning and possessing a Cotton Textile Spinning and Weaving Mill situated in Poona, employing a large number of workmen who have a union of theirs. The first respondent is a workman employed by the Mill and th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC82; (1957)ILLJ17SC; [1956]1SCR916
Bhagwati, J.1. These two appeals by special leave arise out of an order of the Labour Appellate Tribunal of India, Lucknow Bench, by which it dismissed the application of the appellant under s. 22 of the Industrial Disputes (Appellate Tribunal) Act, 1950, hereinafter referred to as the Act for permission to dismiss the respondents from its employ and allowed the application of the respondents under s. 23 of the Act for reinstatement. 2. The respondents are 76 employees of the appellant, a limited company of Sugar Mills, situated in village Chitauni in the district of Deoria and were working in the engineering department of the mills in the mill house, boiling house and the workshop sections. There were disputes between the appellant and its workmen and, on the date in question, i. e. May 27, 1952, there was pending before the Labour Appellate Tribunal an appeal which was registered as Cal-101/51. It appears that one Motilal Singh, an employee of the appellant, had been dismissed by it ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC95; (1957)ILLJ235SC; [1956]1SCR872
Venkatarama Ayyar, J.1. The appellant is a limited company, which had been carrying on business in crushing sugarcane at a place called Pipraich in Gorakhpur District from the year 1932. In 1946 it decided to expand its business, and with that object, sold its old machinery which had a crushing capacity of 160 tons per day, and purchased a new one with 650 tons capacity. The new plant was installed in 1947, and it actually started working in 1948-49. During this period, the sugar industry was passing through a crisis owing to shortage of sugarcane, and in consequence, the Government assumed control of its production and supply. The quota which was allotted to the appellate's Mill proved too small to its being worked profitably, with the result that in 1948-49 and 1949-50 the Company sustained losses which according to the appellant came to Rs. 2,67,042-7-4. After several unsuccessful attempts at getting a larger supply, the management wrote to the Government on May 11, 1950, either to ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC286; [1956]1SCR889
S.K. Das, J.1. These are six appeals by the plaintiff Raja Rajinder Chand, the superior landlord (ala-malik) of Nadaun Jagir in the district of Kangra. He brought six suits in the Court of the Subordinate Judge of Kangra for a declaration that he was the owner of all pine (chil-pinus longifolia) trees standing on the lands of the defendants within the said Jagir and for a permanent injunction restraining the latter from interfering with his rights of ownership and extraction of resin from the said trees. He also claimed specified sums as damages for the loss caused to him from the tapping of pine trees by different defendants from March 24, 1940 upto the date when the suits were brought. The defendants, who are the adnamaliks (inferior landlords), pleaded that they were the owners in possession of the lands on which the trees stood, that the trees were their property, and that the plaintiff had no right to the trees nor had he ever exercised any right of possession over them. 2. Three ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC176; (1957)59BOMLR322; [1956]1SCR838
Sinha, J.1. This is an appeal by special leave against the judgment and decree of the High Court of Judicature at Bombay dated August 22, 1952, reversing those of a single Judge of that Court on the Original Side, dated March 7, 1952, by which he had granted a decree for dissolution of marriage between the appellant and the respondent. 2. The facts and circumstances of this case may be stated as follows : The appellant, who was the plaintiff, and the respondent were married at Patan on April 20, 1942, according to Hindu rites of the Jain Community. The families of both the parties belong to Patan, which is a town in Gujarat, about a night's rail journey from Bombay. They lived in Bombay in a two-room flat which was in occupation of the appellant's family consisting of his parents and his two sisters, who occupied the larger room called the hall, and the plaintiff and the defendant who occupied the smaller room called the kitchen. The appellant's mother who is a patient of asthma lived ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC149; 1957CriLJ300; [1956]1SCR811
Jagannadhadas, J.1. These proceedings before us arise out of a summons under Order IV, rule 30 of the Supreme Court Rules, 1950, (as amended) issued to Shri 'M', who was originally an Agent of this Court and became an 'Advocate on record' under the new rules of this Court which came into force on January 26, 1954. The summons issued calls upon him to show cause why disciplinary action should not be taken against him. It arises on a complaint against him made to the Registrar of this Court by one Attar Singh on December 5, 1955. The substance of that complaint is as follows. The complainant was the appellate in Criminal Appeal No. 12 of 1950 in this Court. Shri 'M' acted for him in connection with the appeal. A sum of Rs. 750 was supplied to Shri 'M' for the printing charges therein. This sum was deposited in due course in the Punjab High Court from whose judgment the appeal arose. There remained an unspent balance of Rs. 242-1-9 out of it. Shri 'M' withdrew that money from the High Cou...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC78; (1956)IILLJ450SC; [1956]1SCR772
Govinda Menon, J.1. This appeal is by special leave against the decision of the Labour Appellate Tribunal of India, Calcutta, which modified the award, passed by the Industrial Tribunal, Calcutta, in the matter of a dispute referred to it by the Government of West Bengal, for adjudication with regard to the rates of dearness allowance for clerks and Depot cashiers, employed by the Calcutta Tramways Coy. Ltd., numbering about 600, out of a total of 10,000 workmen. Disputes having arisen between the workmen of the Calcutta Tramways Coy. Ltd. (which may hereafter be called 'The Company') on the one hand, and the employers on the other, relating to the dearness allowance payable to the workmen, there were two previous awards, one dated May 16, 1947, by Sri S. N. Guha Roy, and the other dated October 27, 1948, by Sri P. K. Sircar. Both of these awards related to all the employees of the Company and not to the clerks and Depot cashiers alone. Subsequently a reference was made by the West Ben...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC38; (1957)ILLJ226SC; [1956]1SCR781
Venkatarama Ayyar, J.1. Disputes having arisen between Messrs Burn and Company, Calcutta, hereinafter called the Company, and a section of their employees in Howrah Iron Works, hereinafter referred to as the Union, the Government of West Bengal issued a notification on 16-12-1952 referring the same to the First Industrial Tribunal for adjudication. Though there were as many as 13 items comprised in the reference, we are concerned in these appeals only with four of them viz., (1) revision of pay of clerical and sub-staff, (2) grades of sarkars and checkers, (3) bonus, and (4) reinstatement of four employees, S. N. Chatterjee, Ashimananda Banerjee, Panchanan Rana and Joydeb Banerjee and/or payment of compensation to them. By this award dated 24-6-1953, Shri Banerji the Industrial Tribunal, held (1) that there were no grounds for revising the scale of pay of the clerical and sub-staff; (2) that the pay of checkers should be increased and that they should be paid according to the scale as ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC1; 1957(0)BLJR26; (1956)IILLJ444SC; [1956]1SCR800
S.K. Das, J.1. This is an appeal by special leave from a decision of the Labour Appellate Tribunal, Calcutta, dated the 25th September, 1953. The relevant facts lie within a narrow compass. On the 4th of May 1953 the appellant, the Rohtas Industries Limited, Dalmianagar, made an application to the said Labour Appellate Tribunal under section 22 of the Industrial Disputes (Appellate Tribunal) Act, 1950 (XLVIII of 1950), hereinafter referred to as the Act, for permission to discharge ninety six temporary employees in the following circumstances. The appellant company have a number of factories at Dalmianagar including a cement factory, power house, pulp mill, paper factory, chemical factory, factory for the manufacture of certain acids and an asbestos cement factory. The company had a number of temporary employees who were engaged temporarily in connection with certain erection works for the extension and enlargement of those factories. The terms of employment of these employees were emb...
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