Court : Kolkata
Decided on : Mar-09-2007
Reported in : [2007(115)FLR964],(2008)ILLJ509Cal
..... appellants were residing in the company quarters which they refused to vacate. the workers' union entered into a memorandum of settlement with the management of wimco under section 18(3) of the industrial disputes act, 1947. it was agreed upon by and between the parties that the company would make payment of retrenchment compensation upon vacating of the quarters. it was alleged ..... judge that the writ petition was not maintainable and appropriate remedy was by way of an appeal. the learned judge permitted the appellants to withdraw the writ petition with a corresponding liberty to agitate their grievance in appropriate forum.4. in terms of the liberty so given by the learned single judge, the instant appeal was filed on june 19, 2006 ..... mistake. hence the order of recall could not be allowed. on the issue of delay, roy drew our attention to various discrepancies on the cause of delay by making a comparative study of the earlier writ petition and the application for condonation of delay filed in the above appeal.12. mr. roy in support of his contention relied on the following ..... we do not recall our order for dismissal and insist on filing of such affidavit, it would not be proper justice given to the appellants, being members of the weaker section of the society.15. we are of the opinion that justice warrants recall of the order of dismissal in the instant case. justice also warrants condonation of delay in preferring .....Tag this Judgment!
Court : Kolkata
Decided on : May-15-2007
Reported in : 2008(1)CHN702,[2007(115)FLR1055]
..... perusal of the balance sheet and annual report it would appear that the government had a financial control over the grants time to time to extended to capexil. from the correspondence annexed to the pleadings appearing at the paper book it would appear that the central government from time to time supervised the export promotion activities conducted through capexil under various ..... managing committee is having a substantial control through central government having 5 representatives nominated by the government. only because the financial aid is not to the extent it was required compared to the expenditure of the company or that its audit is not being conducted by the comptroller and auditor general it would not be appropriate for us to exclude this ..... csir was a 'state' within the meaning of article 12 of the constitution of india. hence, applying the ratio in the case of pradip biswas (supra) his lordship made a comparative study between csir and capexil and ultimately came to a finding that capexil could not be equated with csir. his lordship held that capexil was an autonomous body without having ..... commerce for the purpose of development of the export market abroad under various governmental projects. capexil might have been registered under the provision of companies act, 1956. however, it was registered under section 25 of the said act of 1956 being a non-profiteering organization. at least 5 members of the executive committee are to be nominated by the central govermnent. the hand .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-15-2007
Reported in : 2008(1)CHN140
..... physics (as applied in medicine) from the bhabha atomic research center (barc) held by him was more relevant than a doctorate in nuclear physics. it was submitted that in all corresponding posts elsewhere, a diploma in radiological physics was insisted upon and that even in the state of andhra pradesh, all other physicists working in the line, except the respondent, had ..... a doctorate as a necessary qualification therefor was nothing unusual there was nothing prima facie preposterous about those requirements and accordingly it was not for the court to assess the comparative merits of, such a doctorate and the barc diploma held by the petitioner and decide or direct what should be the qualifications to be prescribed for the post in ..... power corporation ltd. v. k. thangappan and anr. reported in : (2006)iillj421sc , a workman invoked writ jurisdiction after 2 decades seeking employment in terms of settlement under section 12 of the industrial disputes act and the inordinate delay in moving the writ application was not satisfactorily explained by workman. in such a situation, the apex court held that mere making of repeated ..... agents and subordinate from giving any effect and/or further effect to the impugned purported recruitment proceedings of the respondent no. 2 and further restraining the respondent no. 3 from acting upon the recommendation of the respondent no. 2 in selecting the chief executive of the bank pursuant to such purported proceedings.3. the case as made out by the .....Tag this Judgment!