Court : Supreme Court of India
Reported in : AIR2007SC3021; [2007(4)JCR126(SC)]; JT2007(10)SC272; 2007(10)SCALE209; (2007)8SCC279; 2008(1)SLJ282(SC)
..... on 21.9.1972 the indian copper corporation (acquisition of undertaking) act, 1972 was notified and the indian copper corporation was taken over by the central government and it became a part of hcl, a government of india enterprise. it was alleged that thereafter the school was sought to be taken over by the state government but this was resisted by the managing committee of the ..... time to time by the state government, may be declared by it proprietary secondary school.section 3 laid down taking over control and management of non- government secondary schools by state government. section 19 laid down that proprietary secondary school can be established. section 19 only says that if any registered trust ( association, corporate body, individual or group of individuals) applies ..... nature and the types of the work done, that is, on intelligible basis. the same amount of physical work may entail different quality of work, some more sensitive, some requiring more tact, some less, it varies from nature and culture of employment. the problem about equal pay cannot always be translated into a mathematical formula.11 ..... not interfere with the same. it may have a cascading effect creating all kinds of problems for the government and authorities. hence, the court should exercise judicial restraint and not interfere in such executive function vide indian drugs & pharmacheuticals ltd. v. workmen, indian drugs and pharmaceuticals ltd. : (2007)1scc408 .12. there is broad separation of powers under .....Tag this Judgment!
Court : Jharkhand
..... was granted a mining lease at mosabani on 16.6.1939. under section 3(1) of the indian copper corporation (taking over of management) act, 1972, the management and undertaking of the indian copper corporation limited was taken over and stood transferred to and vested in the 3 central government with effect from 21.09.1972. vide gazette notification dated 25.09.1972 all the properties, assets/liabilities and obligations stood vested in the ..... the law can become operative it must be promulgated or published. it must be broadcast in some recognisable way so that all men may know what it is; or at the very least, there must 12 be some special rule or regulation or customary channel by or through which such knowledge can be acquired with the exercise of due and ..... of the company, to submit an affidavit as indicated under para 5 (i) of om dated 12.12.2012, is to compel the board of director/managing director to give self incriminating evidence against themselves. no prosecution under section 15 of the environment (protection) act, 1986 has yet been launched and there is no verdict of guilty by the court and therefore, i ..... am of the opinion that under om dated 19 12.12.2012 moef cannot insist for submitting an undertaking .....Tag this Judgment!
Court : Jharkhand
..... was granted a mining 2 lease at mosabani on 16.6.1939. under section 3(1) of the indian copper corporation (taking over of management)act, 1972 the management and undertaking of the indian copper corporation limited was taken over and stood transferred to and vested in the central government with effect from 21.09.1972. vide gazette notification dated 25.09.1972 all the properties, assets/liabilities and obligations stood vested in the hindustan ..... is the only vertically integrated mine in india. the mining operation is conducted about 470 metres under the ground, below the surface area. an abrupt and sudden closure of mines may turn out to be catastrophic, once the underground mine is inundated with water. 15. in view of the peculiar facts of the case, i am of the opinion that ..... r.18(b) (i) of the gujarat minor mineral rules, 1966, provided for renewal of lease. 12. in divisional forest officer and others vs. s. nageswaramma , reported in (1996) 6 scc 442, it has been 10 held that section 2 of forest conservation act, 1980 prohibits the mining operation if the mines are situated within the forest area. there is no dispute ..... . the petitioner company also again approached the ministry of environment and forests, government of india vide letter dated 02.01.2014 and 12.03.2014 for prescribing t.o.r. for environmental clearance for capacity expansion of surda copper mines. 3. a counter affidavit has been filed on behalf of respondent nos. 1 3 stating that the application for 3rd renewal .....Tag this Judgment!
Court : Rajasthan
Reported in : 1976WLN708
..... 226 of the constitution.4. so far as the provisions of the 1972 act are concerned, it may be observed that the said act makes provision for the acquisition of the under-taking of another company, namely the indian copper corporation ltd., by the central government and for the handing over of the assets and properties of the indian copper corporation ltd., after its acquisition by the central government, to the hindustan ..... that the government of india also exercises considerable powers of control over the management of the company and that the jurisdiction of the auditor-genera) of india has also been extended to the company's accounts by the provisions of section 619 of the companies act.3. it is not disputed that the hindustan copper ltd. (hereinafter called as 'the company'), is a company incorporated ..... protection under article 311 of the constitution. it was held in the aforesaid case that the company bad different position from the state and that the existence of share holders, of capital raided by the issuance of shares, the lack pf connection between the finances of the corporation and the consolidated fund of the, union, pointed to the independent existence of the .....Tag this Judgment!
Court : Jharkhand
Reported in : [2005(1)JCR529(Jhr)]
..... the teacher-petitioners are entitled to for issuance of a writ directing the management of hindustan copper limited, indian copper complex, ghatshila to rescind and/or cancel the order dated 30.05.2001, take back/reinstate the teacher - petitioner in service and continue to either run the schools themselves or allow them to hand over their schools to the state government?30. in order to find answer ..... of the parliament certain officials or bodies who are to be treated as agents of the crown even though they have the power of contracting, as principals. in the absence of a statutory provision, however, a commercial corporation acting on its own behalf even though it is controlled wholly or partially by a government department, will be ordinarily presumed not to be a ..... the appellants.16. as we have already noticed earlier, m/s. bccl is a subsidiary of the coal india limited and a government company within the meaning of section 617 of the companies act. its predominant object is to raise coal and to sell coal. imparting of education is not its predominant object. it is governed by labour laws and other enactments ..... in 2002(2) jljr 571, one of us, following the aforementioned judgment referred to above, held the bicico is a mere government company which may be an instrumentality of the state for a limited purpose under article 12 of the constitution but such an instrumentality or a business venture cannot be equated with government/sovereign function of the state.15. for the .....Tag this Judgment!
Court : Jharkhand
Reported in : [2003(4)JCR420(Jhr)]
..... do so. 18. in the counter affidavit, it has been stated that the hindustan copper limited is a government of india company having been taken over by an act of parliament which was called the indian copper corporation act, 1972. the ministry of finance, government of india constituted a committee which was called chellaiya committee ..... issuance of a writ directing the management of hindustan copper limited, indian copper complex, ghatshila to rescind and/or cancel the order dated 30.5.2001, take back/reinstate the teacher-petitioners in service and continue to either run the schools themselves or allow them to hand over their schools to the state government ..... that permission. in that view of the matter, it cannot be said that the action in abolishing the posts was not taken in good faith. 32. the other judgment cited by mr. m.m. pal is air 1989 sc 1577 for the proposition that juniors having been retained, ..... the petitioners [see paragraph 4 at running page 239] stating that since the state government was not inclined to take over the schools in question, the central government may be directed and accordingly, the union of india and other authorities of the government of india be impleaded as party ..... and sent by registered post terminating their services. 12. they have also alleged violation of the provisions of section 25(f) of the industrial disputes act, but since it has already been held that teachers are not workmen under the industrial disputes act, [see (1988) 4 scc 42] this .....Tag this Judgment!
Court : Jharkhand
..... to the writ petition such as annexure-1 dated 13th january, 1972 issued by the general manager, hcl on the constitution of a committee to run the school; annexure-2 dated 17th february, 1972; issued by the mines superintendent, indian copper corporation ltd. to general manager; annexure-3 dated 24th february, 1972 issued by the mines superintendent, indian copper corporation ltd. relating to starting of the surda primary school, annexure-4 ..... dated 08th march, 1972 issued by the mines superintendent, indian copper corporation ltd. to president surda mine primary school; annexure-5 dated 22nd ..... taking over of the proprietary school is concerned, that cannot be issued because the proprietary school as defined under section 2(d) read with section 19 of the act will have to make a request to the state of jharkhand that they will bear all the financial responsibilities. if the managing committee makes a request to this effect to the state of jharkhand, then the government may .....Tag this Judgment!
Court : Mumbai
Reported in : 57CompCas241(Bom)
..... as the case may be, under which these institutions are constituted. the lic acts as one such financial institution. section 6(2)(b) of the lic act empowers it to take such steps, including taking over management of the property ..... a statutory corporation and is an 'authority' within the meaning of art. 12 of the constitution, every act of the corporation is not amenable to writ and certainly the act which is in the realm of contract cannot be ..... no. 2 addressed a letter dated january 9, 1984, to punja appealing him to restore good faith and goodwill between the petitioner-company and the financial institutions.293. the averments detailed above, in ..... be taken that they had brought to bear their rich and varied experience in managing the affairs of the petitioner-company and in taking policy decisions during their entire term of office principally that accounted ..... remove the doubts entertained and with a view to attract and conserve the foreign exchange so badly needed for the country. they denied that any pressure was sought to be put on the ..... -company since 1972. he was a well-know economist and management expert. he was director of indian institute of management, ahmedabad, and visiting professor at massachusetts institute of technology, usa. he was director of bharat petroleum corporation ltd., a ..... act had in their mind. but even assuming that the specific relief act applies to such a suit as this, what is the result what further relief can be required if the so called cancellation .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2003SC3436; [2003(2)JCR183(SC)]; 2003(2)SCALE226; (2003)4SCC378; 2SCR75
..... law may, therefore, be enacted for compulsory acquisition ofan undertaking as defined in section 5 of act 22 of 1969.' [pp. 567-568]16. the learned counsel for the petitioners adverted to the sugar undertaking[taking over of management] act, 1978 [hereinafter referred to as 'the 1978 act']which was enacted by parliament to provide for the take-over in public interest ofthe management of ..... going concern is contemplated in many indian statutes;e.g., indian electricity act, 1910, sections 6, 7 & 7a; air corporation act, 1953,sections 16 & 17, imperial bank of india act 1920, sections 3 & 4; state bank of indiaact, 1955, section 6(2), (3) & (4); state bank of india (subsidiary banks) act,1959; banking regulation act, 1949, section 36ae; and cotton textilecompanies act, 1967, sections 4(1) & 5(1). ..... decision in synthetics & chemicals ltd.'s case does not overruleimpliedly or otherwise the decision in ishwari khetan's case. the argument thatat any rate the take-over of distillery is bad cannot also be sustained inasmuchas the concept of acquisition of an undertaking is an entirely different matter fromthe control and regulation of the industries.15. the ..... government soas to acquire the sugar mills of the petitioners. writ petition was filed before thiscourt challenging the ordinance. now, the ordinance is replaced by act 12 of1985 and that the act is also under challenge before us.6. on behalf of the petitioners, five major contentions have been urged:1. that the impugned enactment is .....Tag this Judgment!
Court : Chennai
Reported in : (2002)1MLJ257
..... conclude the contract with the 5th respondent. 6. meanwhile, on 2.8.2000, a memorandum of settlement was entered into by the management of all the major ports with the labour federations under section 12(3) of the industrial disputes act, 1947. ..... alia, indicating minimum level of investment, conditions of attracting main line vessel to chennai, threshold traffic at various stages, taking over the labour etc. and the guarantee package. (ii) all the three parties will be given an opportunity to revise ..... port in the south eastern coast of india and to make it a full fledged container terminal to have varied activities and not to lose business to other countries and other ports like colombo and singapore, and to ..... is being taken to framethe bid documents with the terms and conditions and other related details forinviting the bids.yours faithfully,(chairman) ':'; in response to the above letter of the third respondent, the second respondent by its letter ..... bad unless it can be demonstrated that the objectionable portion is such that it completely outweighs all other advantages gained. in barauni refinery pragatisheel shramik parish ad v. indian oil corporation ltd and ors., , it was held that a settlement under section 18 of the industrial disputes act ..... rtg, etc. during the pib deliberations in the process of sanctioning the project, it was indicated that most may explore the feasibility of private sector participation for providingthe equipment and for operation of the terminal on a long .....Tag this Judgment!