Court : Mumbai
Decided on : Mar-14-1988
Reported in : AIR1989Bom111; (1988)90BOMLR219
..... v. union of india : air1960guj40 . in that case the question as to the interpretation of the expression 'any law in force immediately before the appointed day' in s. 87 of the bombay reorganisation act , 1960, came up for consideration. the full bench held that the said expression in s.87 of the said ..... on the grounds of non-observance of the policy of reservation laid down in s.57 (4). if the phrase 'the law at that time in force' is construed in the manner suggested by mr. manohar, it would follow that s.57(4) as interpreted in dr. bhakre's case ..... this construction the use of the word 'posts' appears to be wholly redundant. in our opinion, having regard to the fact that we are construing the relevant expression 'reservation of appointments' in a constitutional provision it would be unreasonable to assume that the reservation of appointments would not include both ..... para 9 in the case of state of punjab v. hiralal : 3scr267 :'in our opinion having regard to the fact that we are construing the relevant expression 'reservation of appointments' in a constitutional provision, it would be unreasonable to assume that the reservation of appointments would not include both ..... colleges and recognised institutions. it is not disputed that there are no statutes made by the university for reservation. sub-sec. (2) of s. 77c, however, confers powers on the state government to issue directions to the university in the matter of reservations, it provides-'notwithstanding any thing contained in .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-20-1988
Reported in : (1988)1GLR481; (1988)IILLJ534Guj
..... for consideration was whether the petitioners were entitled to the reliefs asked for by them against the state of bombay. this question had to be resolved in the context of secs. 87, 88 and 116 of the states reorganisation act, 1956. clause (b) of section 88 provided that where, immediately before the appointed day, an existing state is subject to any liability in respect ..... united states and united kingdom, came to the conclusion that if a clause in a contract smacks of unreasonableness or lack of fairness emanating from inequality of bargaining power between the parties, courts of law will regard it as opposed to public policy and refuse to enforce the same. the supreme court also observed that such a clause in the contract conferring ..... is unconscionable in as much as it lacks mutuality and confers an unguided and arbitrary power on the management to terminate the services of a permanent employee without giving any reason whatsoever. section 23 of the contract act states that the consideration or object of an agreement is lawful unless, inter alia, the court regards it as immoral or opposed to public policy. the ..... definition of 'the state' in art. 12 of the constitution. it was further held that the regulations framed by these statutory corporations in exercise of power conferred on them by the statute have the force of law. ray, c.j. pointed out at p. 411 that 'the state' undertakes commercial functions in combination with government function in a welfare state' while mathew .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-12-1988
Reported in : AIR1988SC1153; 1988(36)BLJR596; JT1988(2)SC79; 1988LabIC1707; (1988)IILLJ214SC; 1988(1)SCALE691; 1988Supp(1)SCC359; 1988(1)LC595(SC)
..... .2. admittedly the merger of the states in question took place under the provisions of the states reorganisation act, 1956 (hereinafter referred to as the act). mr. m.c. bhandare, learned counsel appearing in support of the appeals, contended that in view of section 117 of the act, quoted below, it is the state government which is vested with the authority to decide the question ..... the appeals are bound to fail even on the assumption that the argument pressed on behalf of the state of maharashtra is correct. according to section 117 of the act, the state government does not have any power to act independently; it has to comply with the directions issued by the central government. in the present case it is not suggested that the gradation ..... that the same having been prepared by the state government was illegal. it was contended that in view of the provisions of article 235 of the constitution of india, the power to decide the issue of seniority of the judicial officers vests exclusively in the high court. the argument was accepted by the high court by the impugned judgment and the ..... appeals were in judicial service either in kutch state or saurashtra state prior to their merger in the bombay state and gujarat state. a provisional gradation list of the judicial officers prepared by the state government in accordance with their seniority was issued in 1960. the question of the inter se seniority as indicated by the list was in controversy, but in .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-26-1988
Reported in : 1988(4)BomCR254; [1989(58)FLR149]; (1995)IIILLJ797Bom; 1988MhLJ928
..... of 1983. under an order dated 29.10.1983 the central government in exercise of powers under section 10(1)(d) of the industrial disputes act, 1947 referred the following dispute for adjudication to the central government industrial tribunal no. l, bombay constituted under section 7a of the industrial disputes act. the reference was: 'whether the action of the management of life insurance corporation of india ..... administrative officers is also a supervisory cadre but it is in class i. it seems that prior to 1981, superintendents and section heads in class iii posts were eligible for promotion as asst. administrative officers. in 1981 on account of reorganisation of work at the branch level, the petitioners decided to appoint asst. administrative officers at the head of branches. till then ..... the channels of promotions. 29. it was next submitted by the respondents that notice under section 9-a of the industrial disputes act, 1947 was not givento effect change in the conditions of service. hence also the directions were bad in law. section 9-a of the industrial disputes act lays down that no employer, who proposes to effect any change in the conditions of .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-07-1988
Reported in : AIR1989Bom21; 1988(2)BomCR189; 69CompCas779(Bom)
..... . it is an enactment for the benefit of third parties and means that the wide words of sub-rule (1) are not to be construed to justify the court in removing from possession or custody of property a third party who has got a good title to such possession or custody ..... required if a receiver has to be appointed in respect of an undertaking which is taken over by the government. a reasonable interpretation of section 8(1) of the act is that so long as the management of a textile company remains vested in the central government, the following three things shall not be ..... ' attached to a district court for insolvency purposes, who shall be the official liquidator attached to the court. what is prohibited under section 8(1)(c) of the act is the proceedings for the winding up of the company which would naturally include the appointment of a liquidator or receiver in respect thereof ..... the textile company and any of its assets. the act confers no general moratorium against erring companies. it is a temporary measure, brought in the wake of a prolonged strike in the textile industry in bombay in the year 1982. the object was to reorganise and rehabilitate the undertakings, and 'thereby to protect ..... as, under the company law, there is no mention of 'receiver' at all.7. the last of his submissions cannot stand scrutiny at all, as the court, in any proceedings for winding up, has got powers to pass such interim orders as it thinks fit. (section 443 of the companies act, 1956). this must necessarily .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-20-1988
Reported in : AIR1988SC1182; JT1988(2)SC145; 1988LabIC1713; (1988)IILLJ149SC; 1988(1)SCALE771; (1988)2SCC537; 3SCR616; 1989(1)SLJ17(SC); 1988(2)LC40(SC)
..... the industrial development in areas where no other source for water supplies exists.the state of punjab was reorganised in the year 1966 and a number of disputes on the sharing of water/powers with successor states cropped up. the issues regarding apportionment of ravi beas waters over the preparation uses ..... or to the doctrine of laissez faire which then governed the regulation of the said relations. that is why, we think, in construing the wide words used in section 2(j) it would be erroneous to attach undue importance to the attributes associated with business or trade in the popular mind ..... clear and indubious language. besides the fact that this court has so held in national union of commercial employees v. m.r. meher, industrial tribunal, bombay  su. 3 scr 157 the legislature will find a plausible case for exempting the learned and liberal professions of lawyers, solicitors, doctors, engineers, ..... weeks from the hospital mazdoor sabha's case (supra), the same bench in the case of corporation of the city of nagpur v. its employees  2 scr 942, this time subba rao, j., as he then was, speaking for the court examined the self-same question. before the court ..... firmly and humanely. if the salt of law lose its savour of progressive certainty where with small it be stalled? so we proceed to formulate the principles, deducible from our discussion which are decisive, positively and negatively, of the identity of industry under the act. we speak, not exhaustively, but to .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-08-1988
Reported in : AIR1988Bom203
..... the official liquidator, reported in : 2scr499 the supreme court was required to construe the provisions of sick textile undertakings (taking over of management) act of 1972. under section 8(l) of that act it was provided as follows :'no proceeding for the winding up of a textile company ..... or other documents relating to the textile undertaking the management of which has vested in the central government under this act shall, notwithstanding anything contained in any other law for the time being in force, be liable to account for the books, papers and other documents (including ..... bombay, and their financial condition has thereafter further deteriorated. certain public financial institutions have advanced large sums of money to the companies owning these undertakings with a view to making the said undertakings viable..... furtherinvestment of very large sums of money is necessary for reorganising ..... all the textile undertakings shall vest in the central government. under sub-section (2) it is providedas follows :section 3 : '(2) the textile undertaking shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges of the textile company in relation to the said ..... connection mahadeolal v. administrator general of west bengal, reported in : 3scr578 . we have to consider whether provisions of section 8(l)(c) apply to a pending company petition for winding up. the section itself does not expressly state that the provisions apply to pending winding up .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-08-1988
Reported in : 1988(2)BomCR572; 66CompCas735(Bom)
..... corporation ltd. v. official liquidator : 2scr499 , the supreme court was required to construe the provisions of the sick textile undertakings (taking over of management) act of 1972. section 8(1) of that act provided as follows (at p. 354):'no proceeding for the winding up of a textile company ..... in or arising out of such property as were, immediately before the appointment day, in the ownership, possession, power or control of the textile company whether within or outside india and all books of account, registers and all other documents of whatever ..... or other documents relating to the textile undertaking the management of which has vested in the central government under this act shall, notwithstanding anything contained in any other law for the time being in force, be liable to account for the books, papers and other documents (including such ..... in bombay, and their financial condition has thereafter further deteriorated. certain public financial institutions have advanced large sums of money to the companies owning these undertakings with a view to making the said undertakings viable..........further investment of very large sums of money is necessary for reorganising ..... in this connection mahadeslal kanodia v. administrator-general of west bengal, : 3scr578 . we have to consider whether the provision of section 8(1)(c) apply to a pending company petition for winding up. the section itself does not expressly state that the provisions apply to pending winding up .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-11-1988
Reported in : AIR1988SC1407; JT1988(2)SC439; 1988(1)SCALE1109; (1988)3SCC32; Supp1SCR312; 1988(2)LC283(SC)
..... storage and distributing company of india limited (hereinafter referred to as burmah shell) in relation to its undertakings in india. sections 3, 4, and 9 of the act are relevant. under section 3 the right, title and interest of burmah shell in relation to its undertakings in india stood transferred and became vested ..... , referred two questions arising for determination for the opinion of mr. d.k. lodaya, chief actuary of the life insurance corporation of india at bombay, with the consent of parties and the two questions referred to are:(1) is the pension fund actuarially solvent to bear the liability flowing from ..... any trust that may have been constituted by burmah shell in respect thereof.the detailed provisions for administration of the fund are contained in that section.2. this petition under article 32 of the constitution is by the erstwhile burmah shell management staff pensioners who claim two reliefs:(1) extension ..... ors. v. union of india and ors., : 1scr497 and(2) adequate escalation in the pension keeping in view the loss of purchasing power of the rupee and the general rise in the cost of living.3. in answer to the rule nisi, the respondent made its return by contending ..... by it in connection with its undertakings in india, the monies relatable to the employees-(i) whose services are transferred by or under this act to the central government or the government company; or(ii) who are in receipt of pension or other pensionary benefits immediately before the appointed day .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-02-1988
Reported in : AIR1988MP181; 1988MPLJ266
..... bank of india, respondent 3. on 3-1-1974 the central government by virtue of the power conferred on it under section 18(a) of the act of 65 of 1951 authorised the board of management to take over bicycle undertakings of the respondent 2 at bombay as well as at gaziabad for a period of five years by issuing 2 orders. the aforesaid ..... supreme court in the second case of minerva mills ltd. v. union of india, air 1986 sc 2030 while considering sick textile undertakings (nationalisation) act, 1974, held:-'as the act has been enacted with a view to reorganising and rehabilitating the sick textile undertakings so as to subserve the interests of the general public by the augmentation of the production and distribution, at ..... to the directive principles over fundamental rights and destroy the basic structure of the constitution. the result is to restore article 31c to pre 1976 position, namely, to protect only laws which seek to implement article 39 (b) and (c), subject, of course to judicial review. under article 39(b) the state shall, in particular, direct its policy towards securing that ..... the argument that the word 'life' in that article includes livelihood was considered and rejected in in re : san! ram. air 1960 sc 932. the supreme court was considering validity of the amendment in life insurance corporation act, 1956, by the amending act of 1981. again the supreme court in state of maharashtra v. basantibai. air 1986 sc 1466 has held : --'then in .....Tag this Judgment!