Court : Supreme Court of India
Reported in : [1972(24)FLR147]; 1972LabIC594; (1972)ILLJ172SC; (1972)4SCC834
C.A. VAIDIALINGAM, J.1. This appeal, by special leave, is directed against the order dated March 21, 1967 of the Delhi Administration Special Industrial Tribunal, dismissing the application filed by the appellant under Section 33(1)(b) of the Industrial Disputes Act, 1947 (hereinafter to be referred as “the Act”) for grant of permission to dismiss the four employees.2. The appellant is a Public Limited Company owning Textile Mill, called “Delhi Cloth Mills,” (D.C.M.) in Bara Hindu Rao, Delhi. The respondents were the workmen employed in the Mills. The appellant also owns another Textile Mill called “Swatantra Bharat Mills” situated at Najafgarh Road, Delhi.3. A dispute arose in the later part of 1965 between the employees and the appellant regarding the payment of bonus for the year 1964-65. Negotiations for settling the rate of bonus for the year ending June 30, 1965 however, failed on February 16, 1966. As the period prescribed under the Payment of...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC744; (1972)1SCC395; [1972]2SCR927; [1972]29STC438(SC)
1. In this appeal by certificate granted by the High Court of. Mysore the only question involved is whether the delivery by the respondent-Hindustan Aeronautics Ltd.-hereinafter referred to as the assessee to the Railway Board of railway coaches model 407, 408 and 411 is liable to sales tax under the Central Sales Tax etc.2. The Commercial Tax Officer, by assessment order dated March 28, 1964, in respect of the assessment year 1958-59, included the turnover in respect of the supply of these coaches. The Sales Tax Officer rejected the contention of the assessee that there was no sale involved in the execution of the works-contract in view of certain decisions of the High Courts; e.g., McKenzies Limited v. The State of Bombay 13 S.T.C. 602 and Jiwan Singh v. State of Punjab 14 S.T.C. 957.3. In appeal, the Deputy Commissioner of Commercial Taxes confirmed the order. In revision the Commissioner of Commercial Taxes also came to the same conclusion. He observed :The contracts specifically m...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC628; 1972LabIC342; (1972)ILLJ249SC; (1972)4SCC765; 1972(4)LC388(SC)
K.K. Mathew, J.1. This appeal, by special leave, is directed against a judgment of the Delhi High Court, passed in appeal from the order of a Learned Single Judge of that Court partially allowing a writ petition filed by the appellant.2. The appellant, while holding medical licentiate qualification, was taken in the Army Medical Service as an Emergency Commissioned Officer in the rank of Lieutenant on December 14, 1943.3. He functioned as commissioned officer for a period of three years, ten months and 26 days, and was relieved on November 10, 1947. He was again taken as a short Service Commissioned Officer on June 1, 1950, and served in that capacity for a period of 3 years, 5 months and 17 days, and he was relieved on November 17, 1953. Thus, the total period of his full commissioned service, both as Emergency and as Short Service Commissioned Officer, came to 7 years, 4 months and 13 days. In the year 1954, it was decided to form a reserve of medical officers to be called 'A.M.G Res...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC605; [1972(24)FLR179]; 1972LabIC339; (1972)ILLJ244SC; 1972MhLJ612(SC); (1972)3SCC302; [1972]2SCR920; 1972(4)LC357(SC)
K.K. Mathew, J.2. The Government of Maharashtra referred to the Tribunal on December 31, 1965, under Section 10(i)(d) of the Industrial Disputes Act, 1947, the industrial dispute between M/s. Jaydip Industries, Thana, and the workmen employed under them, arising out of the following demands made by the workmen :-(A) Following monthly scales of pay should be introduced for all categories of workmen : Rs. Unskilled 150-5.00-200.00 Semi-skilled 175-7.50-250.00 Skilled 225-10.00-325.00 Highly skilled 350-25.00-600.00(B) The above scales of pay are consolidated and are on the basis of Bombay Working Class Cost of Living Index Number 480. In case if index number move above 480 for every point rise in Index Number, workmen should be paid ten paise per day as dearness allowance.(C) The above rates of pay should be made effective from 1st February 1965.(D) For the conversion of present daily rates into monthly rates, the present rate should be multiplied by thirty. The amount should then be fit...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC828; (1972)1SCC421; [1972]2SCR900
1. The vires of the Andhra Pradesh (Krishna and Godavari Delta Area) Drainage Cess Act, 1968 (Act No. 11 of 1968), hereinafter referred to as the Act, has been challenged in Civil Appeal No. 223 of 1970 as well as in Writ Petition No. 251 of 1971. Civil Appeal No. 223 has been filed on a certificate granted by the Andhra Pradesh High Court against the judgment of that Court whereby petition under Article 226 of the Constitution of India presented on behalf of the eight appellants to assail the vires of the Act was dismissed at the stage of admission. Writ Petition No. 251 of 1971 has been filed by 434 petitioners. The respondents in the appeal are the State of Andhra Pradesh and the Collector of West Godavari District while those in the writ petition are the State of Andhra Pradesh and the Collector of Krishna District.2. The appellants in the civil appeal belong to different Taluks of the West Godavari District and own extensive areas of land in that district. As such, they are liable...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC631; (1972)4SCC654; 1972(4)LC465(SC)
G.K. Mitter, J.1. This appeal by special leave is from a judgment of the Allahabad High Court rendered in a Special Appeal upholding the order of the State Government dated March 12, 1968 under Section 7-F of the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1967 cancelling the allotment order of a shop in premises No. 80/79, Banasmandi Copprrganj, Kanpur dated October 21, 1967 made by the Rent Control and Eviction Officer Kanpur in favour of the appellant and releasing the same to the respondent No. 3 before us.2. The relevant facts are as follows : One Arif Hussain was a tenant of one shop out of eight in the premises mentioned above under respondent No. 3. He used to carry on a business in bamboos and wooden posts. On July 8, 1967 he purported to execute a sale deed transferring his business including its good will and stock-in-trade to the appellant, Masood Ahmed Within three days thereafter the said tenant died leaving a widow. The appellant made an application dated...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1972LabIC1570; (1972)4SCC760; 1972(4)LC423(SC)
A.N. Ray, J.1. The points in controversy in all these appeals have now been considerably narrowed down in view of the decision of this Court in Jagtar Singh and Ors. v. The State of Punjab and Ors. Civil Appeal No. 1039 of 1971 decided on Dec. 3, 1971.2. The respondents filed writ petitions in the High Court, challenging the ranks given to them in the integration lists finalised by the State Government. In all the writ petitions including Civil Writ No. 3121 of 1970 the High Court has quashed in toto the integration lists dated March 11, 1966 and March 20, 1970. The order of the High Court against Civil Writ No. 3121 of 1970 was dealt with by us in Civil Appeal No. 1039 of 1971. By our judgment, we have set aside the order of the High Court, quashing these two lists. The petition now is that the officers in the State are now governed by the two lists dated March II, 1966 and March 20, 1970; and it is only on the basis of the ranks given to the officers therein that their further claims...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC635; 1972CriLJ456; (1972)3SCC322; 1972(4)LC404(SC)
D.G. Palekar, J.1. The appellant Moimiddin Mozumdar was convicted by the Assistant Sessions Judge, Silchar of the offence under Section 412 IPC and was sentenced to rigorous imprisonment for a period of five years and a fine of Rs. 1,000/-. In appeal to the High Court of Assam and Nagaland the conviction was maintained but the sentence was reduced to rigorous imprisonment for one year and the fine was remitted.2. The case arose out of a dacoity which took place at midnight of 1-3-1965 in the house of P.W. 1 Churamani Nath of village Nig-Katigora in the District of Cachar when ornaments and other articles worth about Rs. 1,300/-including a studio camera were stolen. Along with the appellant who was accused No. 1, two other Jamiruddin and Samiruddin were put up for trial on a charge under Section 395 Indian Penal Code. The other two have been acquitted and we are now concerned only with the appellant. During the course of the investigation the camera which was one of the stolen propertie...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC824; 1972CriLJ654; (1972)4SCC805; 1972(4)LC406(SC)
P. Jaganmohan Reddy, J.1. These appeals are by special leave against the judgment of the High Court in a case under Section 439 of the CrPC by which the sentence of fine imposed by the Judicial Magistrate, First Class, Patiala for an offence under Section 16(1)(a) of the Prevention of Food Adulteration Act, 1951 hereinafter called 'the Act' was enhanced to six months rigorous imprisonment and a fine of Rs. 1000/-in default the respective appellants were ordered to further undergo simple imprisonment for 1 1/2 months. In all these cases the appellants were charged under Section 16(1)(a) of the Act for selling without licence articles of food, such as, milk, sweetmeats, tea, curd, biscuits, chappati, ice-cream, dal, bhajji A separate charge was framed against each of the appellants, on respective dates and on the same day they pleaded guilty to the charge and were forthwith sentenced to pay a fine. In Appeal No. 51 and 56 of 1969 the appellants were fined Rs. 30/-each on August 10, 1967 ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2175; 1972LabIC616; (1972)ILLJ240SC; (1972)4SCC830
M. Shelat, J.1. This appeal by special leave is directed against the Judgment of the High Court of Andhra Pradesh in Writ Petition No. 1915 of 1971. That was filed by the respondents herein, who were candidates for the posts of District Munsif in the Andhra Pradesh State Judicial Service which were to be filled in by direct recruitment as distinguished from recruitment by promotion.2. The respondents are advocates enrolled by the High Court of Andhra Pradesh. In pursuance of an advertisement dated November 8. 1968, issued by the State Public Service Commission they and certain others applied for the said posts for which at the time there were sixty vacancies. One of the Qualifications required of such applicants was that they should be below the age of 32 years on July 1 1961. The Commission was to hold the examination on the 7th and 8th May. 1969. The, examination, however could not be held as the examinees staged a walk-out on the ground that the question paper in Civil Law was at va...
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