Court : Mumbai
Decided on : Jan-28-1999
Reported in : 1999(3)ALLMR33; 1999(3)BomCR516
orderr.k. batta, j. 1. the petitioner was working as head clerk in the anjumen himayatul islam high school at baina and by order dated 4th july, 1994, he was reverted from the said post of head clerk and appointed as u. d. c. on the ground that the post of head clerk had become surplus due to the fall in the strength of students in the said school. by another order dated 26th august, 1993, punishment of withholding of increment was imposed on the petitioner. both these orders have been challenged by the petitioner in this petition. insofar as challenge relating to withholding of increment is concerned, it has been submitted by learned advocate shri sonak, that the managing committee has now initiated disciplinary proceedings for break of one day in connection with the imposition of punishment. the said imposition was challenged on various grounds including thatthe punishment could not be imposed by the head master of the school. however, in view of the fresh proceedings initiated by the managing committee in respect of the said matter, learned advocate for the petitioner has stated that he does not press the challenge against the order dated 26th august, 1993 and that he would approach the appropriate authority in case it is necessary, after the conclusion of the said proceedings. thus, the challenge in this petition is now limited only in relation to deployment reversion of the petitioner on account of his being declared surplus against the post of head clerk. 2. the .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-02-1999
Reported in : 1999(3)BomCR521
orderr.k. batta, j.1. the petitioner was promoted to the post of assistant agricultural officer grade ii on 27th september, 1973. the posts of assistant agricultural officer grade ii were in the scale of rs. 1400-2300 in the directorate of agriculture. by order dated 25th march, 1992, the government of goa upgraded 29 posts out of 52 posts of assistant agricultural officer grade ii into the scale of rs. 1640-2900. this order further provides that the upgraded posts will be filled only by agricultural graduates and the remaining posts of 23 assistant agricultural officers will also be upgraded as and when holders of the posts, who are non-agricultural graduates, retire. 2. the petitioner in this petition seeks declaration that exhibit 'e' at page 22 of the record to the extent that it denies assistant agricultural officers grade ii, who do not possess a degree in agriculture from recognised university or equivalent, to promotion to the post of assistant agricultural officer grade i, is ultra vires articles 14 and 16 of the constitution of india; that the petitioner should be provided with at least one promotional avenue and that he should be granted time bound promotional scale similar to the assistant agricultural officer grade ii, who possess degree qualification. 3. to the assistant agricultural officers grade ii holding the graduate qualification in agriculture, the time bound promotional scale which has been given is rs. 2000-3500. 4. the scope of the petition is .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-25-1999
Reported in : 2000(1)ALLMR506; 2000(2)BomCR606; 2000(4)MhLj123
..... his superannuation on the basis of the alleged birth date of 1924 was an unfair labour practice, within the meaning of item 9 of schedule iv of the act. the only grievance made by him is his premature superannuation on and from 11-12-1985 though the employee had averred the two other items of unfair labour ..... he submitted that the industrial court has not considered and has not appreciated that in the identity card issued by the e.s.i. act corporation under regulations framed under the e.s.i. act the year of birth was stated as '24-c'. it was also submitted by the learned counsel that in the identity card issued ..... schedule ii and items 7 and 9 of schedule iv of the maharashtra recognition of trade unions & prevention of unfair labour practices act 1971 (for short m.r.t.u. & p.u.l.p. act). his grievance in the complaint was that he was retired prematurely as his correct birth date was 24-9-1929 and therefore he ..... was brought into force in the year 1954 and the employees on the establishments which were covered by the e.s.i. act, were required to be issued identity cards under the regulations framed under the act. pursuant to the said regulations every insured person was issued an identity card with the required details. in the identity card ..... 9-1-1989 passed by the industrial court. rules is made absolute. no order as to costs. 5. certified copy is expedited.6. parties to act on an ordinary copy of this order duly authenticated by the sheristedar of this court.7. petition allowed. .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-21-1999
Reported in : 2000(1)ALLMR413; 2000(2)BomCR630; [2000(84)FLR157]; 1999(3)MhLj857
..... dealt with strictly and in such cases an attempt to mould the punishment while exercising the powers under section 11-a of the industrial disputes act will amount to showing misplaced sympathy which is likely to cause not only miscarriage of justice but also a social injury. the judgment of the ..... given by the learned judge of the labour court to substitute the punishment of exercising the discretionary powers under section 11-a of the industrial disputes act are without application of mind to the facts on record and the power to exercise the discretion is flawed and, therefore, it cannot be ..... .j. 295 a division bench of this court has examined the scope of powers of the labour court under section 11-a of the industrial disputes act and after referring to the judgment of the supreme court in the case of anand bazar patrika v. their employees, 1963(11) l.l.j ..... these circumstances the apex court held that the discretion exercised by thelearned judge of the labour court under section 11-a of the industrial disputes act to consider the quantum of punishment was justified and it did not call for interference. in the instant case, the eye-witnesses to the ..... of punishment.5. the respondent raised a demand of reinstatement with back wages and continuity in service and approached the conciliation officer under the industrial disputes act, 1947. as there was no settlement between the parties, the demand raised by the respondent employee came to be referred for adjudication by the labour .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-13-1999
Reported in : 1999(2)ALLMR482; 1999(3)BomCR401; (1999)2BOMLR758; [1999(82)FLR389]; (1999)IILLJ718Bom; 1999(2)MhLj410
..... in respect of receiving compensation as described on the date of the incident.29. dealing with the liability of the insurance company and the motor vehicles act (old act) when it was raised from rs. 20,000/- to rs. 50,000/- in paragraph 6 of : 3scr244 in the case of ..... employer to criminal proceedings merely because of the amendment. it is an accepted position that unless there is a specific provision in the amending act, the amendment giving rise to criminal-prosecution could not be retrospective. every one is supposed to be law abiding. what was not an offence ..... the submission is that unlike general law on arising of the cause of action, the person aggrieved cannot move the court immediately. as the act has been brought about for investigation and settlement of industrial disputes, unless the dispute which has arisen is referred for adjudication the court dealing ..... clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purpose of any proceeding under this act in relation to an industrial dispute, include any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, ..... in the matter therefore is whether the employee is a workman or not. the amended definition contained in section 2(s) of the i.d. act is reproduced hereunder for ready reference.'workman' means any person (including ah apprentice) employed in any industry to do any manual, unskilled, skilled, technical .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-01-1999
Reported in : 2000(2)BomCR619; 2000(3)MhLj183
..... 1985 and the petitioners' application is of the year 1988, none of the applications has been registered under the provisions of any of the above two acts. it is amazing that the applications are kept pending for several years which open avenues for litigations of the kind which is witnessed in this case. ..... petitioners also in the year 1988, in my view, the criminal proceedings may not lie for the alleged contravention of the provisions of the above two acts when the complaint also came to be filed as late as in august 1991 which was followed by civil suit filed in the district court on 12- ..... the magistrate's court in bombay has got no jurisdiction as the goods were seized in kalamboli. he also points out that civil litigation under the copyright act was filed in raigad district court at alibaug.5. so far as the first contention of mr. desai is concerned it cannot be said that the ..... the offences under i.p.c. are concerned they are incidental to the offences which are lodged under the provisions of the copyright act and the trade and merchandise marks act. when the litigation is already pending in the civil court it is not expedient or desirable to allow the criminal matter to continue ..... complaint does not make out a prima facie case under the copyright act or trade and merchandise marks act. the complaint does speak about the knowledge on the part of the petitioners about the use of the trade mark by the complainant. .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-22-1999
Reported in : 1999(3)ALLMR39; 1999(3)BomCR441; (1999)1BOMLR704
..... merit in this revision, except that the decree in question would become enforceable on its registration in accordance with section 17(2) of the registration act, 1908. once the registration is done, this objection to execution of the decree would stand overruled and the respondents shall be entitled to possession ..... not compulsorily registerable, but if there is an instrument effecting a partition of immovable property, it falls under section 17(1)(b) of the registration act and is compulsorily registerable under that clause. the division bench of this court in fernando jorge colaco v. state of goa and others (supra) ..... which has been raised by the applicants relates to compulsory registration of decree/order of the court in view of section 17(2)(vi) of the registration act, 1908. in this respect, reliance has been placed by learned advocate for the applicants on bhoop singh v. ram singh major and others, : air1996sc196 ..... from the date of the decree then it does not stand to reason that the subsequent proceedings are not so validated. obviously bar of acting upon such a decree is also taken away with retrospectively. two different yardsticks cannot be applied; one for curing the defect of a decree ..... goa and others (supra) that the final order in inventory amounts to an instrument of partition which is chargeable under article 45 of the stamp act. in ummed mal v. kundanmal and another (supra) partition decree was drawn up without proper stamp. after a review of various authorities on the .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-08-1999
Reported in : 2000(2)BomCR635; 1999(3)MhLj893
..... and style as 'rajurkar brothers' at aurangabad. the respondent is a registered partnership firm. the maharashtra industrial development corporation is a body corporate established under the maharashtra industrial development act, 1961 and is represented through its principal contract authorities. the superintending engineer was in-charge of the circle for all contract works in the districts of aurangabad and jalgaon. ..... in the court and filed their say. the main contention of the present petitioners is that the reference application is hopelessly time barred as per article 137 of the limitation act, 1963. the petitioners, by their separate application, moved the learned civil judge, senior division, aurangabad for framing of a preliminary issue on the point of intimation. a request ..... was made on behalf of the petitioners that the preliminary issue with regard to limitation should be heard first before making further orders under the provisions of arbitration act, 1940. the respondent resisted the said application on the ground that the claim was denied by the petitioners by letter dated 24-2-1995 and, therefore, the application ..... to me that the dispute which has arisen in between the parties is one to which the arbitration clause applies and, therefore application under section 20 of the arbitration act cannot be dismissed on the ground that the claim would not ultimately succeed either on facts or in law.14. taking into consideration the discussion made in the foregoing .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-06-1999
Reported in : 2000(1)ALLMR183; 2000(2)BomCR640; II(2000)DMC515; 1999(3)MhLj898
..... , therefore, it was observed that the husband would not be entitled to the decree for restitution of conjugal rights, under section 23 of the hindu marriage act, 1955. the facts in the said case were peculiar. the principle, as stated, cannot be disputed. but it cannot be made applicable to the present ..... ker lt188. no doubt, in the said matter also, there was a petition for restitution of conjugal rights under section 9 of the hindu marriage act, 1955. but the court found that the husband filed the petition 7 years after the spouses were separated. there was no explanation about this delay in ..... 1991. the delay is not properly explained and because of that, by resorting to the provisions of section 23(1)(d) of the hindu marriage act, 1955, the learned judge has held that the petitioner is not entitled to the decree for restitution of conjugal rights. in this respect, she has ..... and, therefore, petitioner is not entitled to a decree for restitution of conjugal rights, under the provisions of section 23(1) of the hindu marriage act, 1955. 7. the learned counsel for the appellant has argued that the petitioner was cohabiting with the respondent. but during that period, she was ill ..... petition no. 17 of 1991 in the court of civil judge (senior division), aurangabad, for restitution of conjugal rights, under section 9 of the hindu marriage act, 1955. on establishment of family court at aurangabad, the petition stood transferred to the family court, aurangabad, and then was numbered a. 72/93. .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-23-1999
Reported in : 2000(2)BomCR653; 1999(3)MhLj867
..... made before its publication in the official gazette, with the result in view of the provisions of sub-section (3) of section 20 of the act, the proceedings before the labour court were pending and therefore, the labour court could entertain the application for setting aside the ex parte award. insofar ..... in paragraph 14 above that the supreme court has said that because of the provisions of subsection (3) of section 20 of the industrial disputes act, the tribunal continues to be ceased of the matter and the proceedings before it are deemed to be continued till the award becomes enforceable and therefore ..... case shows that the first question that fell for consideration before the supreme court was whether in the absence of any express provision in the act or the rules framed thereunder empowering the industrial tribunal or the labour court to set aside an ex parte award, the industrial tribunal or ..... and such proceedings are deemed to have continued on the date on which the award becomes enforceable under section 17-a of the industrial disputes act. according to the learned counsel, an award becomes enforceable on the expiry of period of 30 days from the date of its publication under ..... wages from 24th january, 1989. it appears that the said award was published in the official gazette as required by the provisions of the industrial disputes act on 13th december, 1996. it further appears that on 25th april, 1996, the petitioner made an application to the labour court, nasik which was .....Tag this Judgment!