Court : US Supreme Court
Decided on : Dec-05-1966
..... . we need not even go back to last term for such an expression of confidence in the workings of the railroad adjustment board as the central organ of railway labor act contract interpretation. in today's decision in transportation-communication employees union v. union pacific r. co., ante, p. 385 u. s. 157 , the court holds that the jurisdiction of ..... based upon an alleged wrongful discharge without first exhausting administrative remedies. federal jurisdiction was invoked on the ground of diversity; at that time, an employment contract under the railway labor act was thought to be governed, like ordinary contracts, by state law. the applicable law in that case -- that of mississippi -- did not require exhaustion of remedies. the court held that ..... a contrary result. the premise of the moore decision, that state law was applicable to this type of labor contract, was removed in a series of decisions holding that labor contracts governed by the labor management relations act, 1947, and the railway labor act are subject to federal substantive law, not state law. textile workers union v. lincoln mills, 353 u. s. 448 ..... . at 379 u. s. 657 , n. 14, we granted certiorari, 384 u.s. 926. we reverse. maddox presented the question whether contract grievance procedures provided in a collective bargaining agreement subject to the labor management relations act, 1947, and culminating in binding arbitration might be sidestepped in favor of a lawsuit, in light of the federal policy reflected in the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-17-1966
Reported in : AIR1966SC1339; 1966MHLJ269(SC); 3SCR339
..... of a municipality, may be a councillor of such municipality. similarly, the bombay provincial municipal corporations act, 1949 (no. 59 of 1949) provides by section 10(1)(f) that a person shall be disqualified ..... to section 12(2)(b) of the bombay municipal boroughs act, 1925 (no. 18 of 1925); it provides that no person who, save as hereinafter provided, has directly or indirectly, by himself or his partner, any share or interest in any work done by order of a municipality or in any contract or employment with or under or by or on behalf ..... for being elected and for being a councillor if such person has directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by or on behalf of the ..... done by order of a council or in any contract with or under or by or on behalf of a council. there are several other clauses of section 16(1), but it is unnecessary to refer to them. 10. as we have already indicated, corresponding provisions dealing with disqualifications contained in similar municipal acts refer to 'employment' in terms. by way of .....Tag this Judgment!
Court : Chennai
Decided on : Dec-22-1966
Reported in : (1967)2MLJ480
..... respect of which it is to be paid. but this is not necessarily always the case in india and the limitation act is an act for all-india. legislation, or custom or express contract or the special circumstances of any case may make rent become due at a point of time different from the close of ..... a tenancy shall be sustainable unless pattas and muchilikas have been exchanged as provided or unless it be proved that the party attempting to enforce the contract had tendered such a patta or muchilika as the other party was bound to accept or unless both parties shall have agreed to dispense with pattas and ..... resort to the provision for determination of the fair rent. but till the fair rent is determined one may assume that the rent contracted is the fair rent. besides the fair rent act defines what the fair rent is such being the position, in my view, the decision above-mentioned relating to an entirely different ..... suspend the running of the period of limitation or interdict institution of suits till the determination of fair rent. the contract rent may normally be assumed to be the fair rent. the fair rent act only fixes what the proper rent is. if the rent has fallen due by then, the determination of the fair ..... rent will relate to the rent payable. if the plaintiff filed the suit as per the contract and later fair rent is determined, as regards .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-14-1966
Reported in : AIR1966Cal629,17STC514(Cal)
..... same to east pakistan. therefore, it was argued, that the transaction of sale which took place in west bengal was liable to be taxed under the act. it was further argued that there was no contract of sale between the appellant and the government of east pakistan, and therefore exemption from sales tax could not be claimed either under section 5(2 ..... , the transaction could not be regarded as a sale at all, liable to be taxed under the provisions of the act 10. in our opinion this contention of the learned advocate for the appellant is also sound. there was no contract of sale between the parties, but the supply of coal was made under the directions of and the authority of the ..... be interpreted to mean a sale as defined in the sale of goods act, 1930. under section 4 of the latter act, in order to constitute a sale of goods, property in the goods must be transferred from the seller to the buyer under a contract of sale. but in that case the assessee despatched sugar to the authorised agent of the state ..... central government. the transaction cannot, therefore, be regarded as a 'sale' as defined in section 2(g) of the act. not being a sale under the act the transaction cannot he taxed under the .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-05-1966
Reported in : (1967)8GLR500
..... even the same compensating authority, applies or excludes the principle of potential value in connection with different properties or at different times. the learned acting advocate general makes a reference to section 73 of the contract act. he says that, that section directs compensation to be assessed on the basis of loss or damage which arises naturally in the usual course ..... of things from breach of contract or which the parties know when they made the contract to be likely to result from the breach of it. it ..... . therefore, there appears to be distinct dichotomy in regard to persons to whom direction has been given under the above provision. when the municipal commissioner, officers and servants act, they act in exercise of their powers, whether the powers are powers conferred on them in furtherance of the municipal government or to execute any work, but, the persons other than ..... unfettered discretion of the municipal commissioner, and therefore, the discretion conferred on the municipal commissioner is an unreasonable restriction on the right to hold property;(f) the corporations act does not provide for any hearing by the commissioner for fixing compensation or betterment charges and thus this constitutes unreasonable restriction on the aforesaid right to hold property;(g) there .....Tag this Judgment!
Court : Chennai
Decided on : Feb-18-1966
Reported in : AIR1966Mad374; 1966CriLJ1151
..... of the criminal court to enter into any elaborate consideration of the relative rights of the pledger and pledgee under s. 178 and other allied provisions of the contract act. in such cases, where it is clear, as in this case, that the pledger had no title at all to pledge the goods and on the other ..... had therefore to decide whether the jewel should be returned to the admitted owner or to a person whose legal right was in doubt, even if he had acted bona fide. under such circumstances, i am not prepared to say that the order of the joint magistrate was wrong',and in conclusion the learned judge also ..... this case too there is no evidence to show that the pawn broker (petitioner) acted in bad faith. but in the nagpur case, there was the further circumstance that it was with the consent and under the direction of the constable's wife ..... of the trial court for the return of the jewel to the constable, the nagpur high court observed that there was nothing to show that the pawn broker acted in bad faith. it is on this part of the observation in the judgment that the learned counsel for the petitioner has relied, and urged that in ..... is nothing in the case to show that the pledge was not bona fide, and that in the absence of such evidence, the court had to return the jewel acting under sec. 517 crl. p. c. to the person claiming to be entitled to possession of it, namely, the petitioner. this application was opposed by the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-18-1966
Reported in : (1967)IILLJ673P& H
..... were given to the workers on the understanding that they would be cooperating with the management; shall not continue the strike or pray for higher contract price for executing the job. as admitted by the workers in the said agreement they were not deemed to be employees or workmen within the ..... taken into consideration. it was also pleaded that the said agreement showed that the workers were not workmen within the purview of the industrial disputes act and yet without looking at the agreement the tribunal gave its award. i also find that apart from denying para. 6 of the statement ..... respondents that the burden was on them to show that the persons paid on piece-rated basis were workmen within the purview of the industrial disputes act. the reference to various orders already mentioned above shows that the tribunal was all along maintaining a clear distinction between fixing a case for ' ..... the terms of reference were as follows;(1)(a) whether persons paid on piece-rated basis are ' workmen' within the purview of the industrial disputes act, 1947 ?(b) whether they are entitled to be paid weekly-offs from the date the same was discontinued and for provision of service cards as per ..... agreement to pay to the workers then engaged in executing their part of the contract with some of the establishments is not denied. the agreement was executed after the, coming into force of the delhi shops and establishments act. it was wrongly represented on behalf of the union that the said workers were .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-16-1966
Reported in : (1969)GLR786; (1967)ILLJ463Guj
..... upon the standing orders. the second stage then is that if the punishment of dismissal of that employee or so is wrongful or in breach of contract, the employee has recourse to industrial tribunal, but that dispute is taken by the worker's union, or the government may decide to refer the ..... of the employer was mala fide or appears to be a colourable exercise of the powers conferred on the employer either by the terms of contract or by the standing orders, then notwithstanding the form of the order ..... fide. the test always has to be whether the act of the employer is bona fide or not, if the act is mala fide, or appears to be a colourable exercise of the powers conferred on the employer either by the terms of contract or by the standing orders, then notwithstanding the form of ..... the order, industrial adjudication would examine the substance and would direct reinstatement in a fit case. with these observations we entirely agree, and if it was possible for the employee to show that the act on the part ..... , industrial adjudication would be able to examine the substance and would direct reinstatement in a fit case. nothing of the kind has happened in the present case and, at any rate, it would be too much to infer from a mere order of dismissal that the act .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-17-1966
Reported in : (1968)10GLR786
..... upon the standing orders. the second stage then is that if the punishment of dismissal of that employee or so is wrongful or in breach of contract, the employee has recourse to industrial tribunal, but that dispute is taken by the workers' union, or the government may decide to refer the matter ..... of the employer was mala fide or appears to be a colourable exercise of the powers conferred on the employer either by the terms of contract or by the standing orders, then notwithstanding the form of the order ..... fide. the test always has to be whether the act of the employer is bona fide or not. if the act is mala fide, or appears to be a colourable exercise of the powers conferred on the employer either by the terms of contract or by the standing orders, then notwithstanding the form of ..... the order, industrial adjudication would examine the substance and would direct reinstatement in a fit case. with these observations we entirely agree, and if it was possible for the employee to show that the act on the part ..... , industrial adjudication would be able to examine the substance and would direct reinstatement in a fit case. nothing of the kind has happened in the present case and, at any rate, it would be too much to infer from a mere order of dismissal that the act .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-18-1966
Reported in : AIR1967All426; (1968)ILLJ431All
..... probationer or temporary government servant the supreme court held that termination of his services in accordance with the terms and conditions of service or of contract would not per se be punishment for a probationer has no right to continue in the post and he could not claim that he was ..... the statutes deal with the appointment of teachers of the university. statute 1 of the chapter lays down that subject to the provisions of the act the teachers of the university shall be appointed by the executive council on the recommendations of the relevant selection committee i am not concerned with ..... a teacher on probation as master and servant or that a probationer teacher was a teacher of the university as defined under the gorakhpur university act, 1956. it had to be conceded by learned counsel that the petitioner having been appointed to the substantive post of reader in the university ..... juridical sense and he is mere volunteer and has no remedy in law if the employer acts against the terms and conditions regulating the employment either by law applying to that kind of employment or by contract entered into between the employer and the employee. i had occasion to consider a question ..... petitioner was not afforded any opportunity of explanation or meeting the case against him.7. before examining the relevant provisions of the gorakhpur university act, 1956 (u. p. act no. xx of 1956) and the first statutes of gorakhapur university, i think it proper to dispose of an objection raised by sri .....Tag this Judgment!