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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1980 Page 1 of about 67 results (0.097 seconds)

Mar 05 1980 (SC)

Nath Singh and ors. Vs. State of Uttar Pradesh

Court : Supreme Court of India

Decided on : Mar-05-1980

Reported in : (1980)4SCC402

..... by mutual talks acceptable to nath singh. he thought that this was a matter between him and nath singh which could be best resolved amicably by bilateral talks, without the mediation or intervention of the formal panches or village people.24. the mainstay of the prosecution case was the testimony of the three eyewitnesses: ratan singh (pw 1), chandan singh (pw ..... to convey one and the same thing, namely by mutual discussion. it does not necessarily mean that the members of the formally constituted village panchayat as such should assemble and mediate or settle the dispute. much capital, therefore, cannot be made out of the circumstance that ratan singh did not take in his party any member of the village panchayat, particularly ..... to resolve it. the witness claims to have known nath singh for five or six years prior to the occurrence and this was the reason why ratan singh solicited his mediation and assistance in conveying this message. in cross-examination, he revealed that when he went to the jhala of nath singh for conveying the message of ratan singh, nath singh ..... . he substantially corroborated ratan singh and stated that ratan singh had, after explaining the dispute between ratan singh and nath singh regarding the passage and the efforts made through the mediation of the previous panchayats to settle it, requested the witness that he should have a talk with nath singh and convey to him ratan singles desire to sit some-where .....

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Dec 02 1980 (SC)

Madura Coats Limited Vs. Inspector of Factories, First Circle, Madurai ...

Court : Supreme Court of India

Decided on : Dec-02-1980

Reported in : AIR1981SC340; [1981(42)FLR105]; (1981)ILLJ255SC; (1981)1SCC590; [1981]2SCR302; 1981(13)LC7(SC)

a.p. sen, j.1. this appeal on certificate, from the judgment of the madras high court raises a question of some complexity. the question is, whether an employer is statutorily bound to pay wages if the workmen are on strike, for any of the national or festival holidays falling within the period of strike, under section 3 read with sub-section (1) of section 5 of the tamil nadu industrial establishments (national and festival holidays) act, 1958 (hereinafter referred to as 'the act'.)2. the facts of the case are not in dispute. messrs. madura coats limited are an industrial establishment within the meaning of section 2(e) of the act, owning textile mills at madurai, ambasamudram and tuticorin in the state of tamil nadu. the cotton textile industry had been declared to be a public utility service for purposes of the industrial disputes act, 1947. in respect of claim for bonus for the year 1974-75 a settlement was entered into which stood superseded by the payment of bonus ordinance, 1975. the management accordingly took the view that no bonus was payable for the year in question, since its payment would be against the provisions of the act, as amended by the ordinance. this resulted in a strike by the workmen of the concerned mills. the workmen were on strike from january 21, 1976 to february 5, 1976. the strike was called off by the workmen on february 6, 1976 due to the intervention of the commissioner of labour, madras, who brought about a settlement. the proceedings of the .....

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Nov 13 1980 (SC)

Fertilizer Corporation Kamgar Union (Regd.), Sindri and ors. Vs. Union ...

Court : Supreme Court of India

Decided on : Nov-13-1980

Reported in : AIR1981SC844; [1981(42)FLR192]; 1980LabIC1367; (1981)ILLJ193SC; (1981)1SCC568; [1981]2SCR52

..... 32, which is a special jurisdiction confined to enforcement of fundamental rights what, if any, are the fundamental rights of workmen affected by the employer's sale of machinery whose mediate impact may be conversion of permanent employment into precarious service and eventual exit lastly, but most importantly, where does the citizen stand, in the context of the democracy of judicial ..... right to practise any profession or to carry on any occupation trade or business. the right of the petitioners to carry on an occupation is not infringed by the sale mediately or immediately, actually or potentially, for two reasons. in the first place, shri r.c. malhotra, who is the chief engineer of the sindri unit, says in paragraph 5 of .....

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Feb 06 1980 (SC)

Shah Guman Mal Vs. State of Andhra Pradesh

Court : Supreme Court of India

Decided on : Feb-06-1980

Reported in : AIR1980SC793; 1980CriLJ557; 1983(13)ELT1631(SC); (1980)2SCC262; [1980]2SCR1005

..... p.w. 3 and another inspector to proceed to the house of the appellant at 6.30 a.m. p. w. 3 called p.w. 1 and one nihalchand as mediators and informed them that the accused had concealed gold biscuits of foreign origin in his house and hence it was decided to search his house. when the search was conducted .....

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Nov 13 1980 (SC)

Maharao Sahib Shri Bhim Singhji ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Nov-13-1980

Reported in : AIR1981SC234; (1981)1SCC166

..... here to serve! to serve what? to serve, insofar as law can properly do so, within limits that i have already stressed, the realization of man's ends, ultimate and mediate.... law cannot stand aside from the social changes around it.it is possible that in the last century the prevalent concept of family was of a certain pattern. indeed, in .....

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Sep 25 1980 (SC)

State of Karnataka and anr. Vs. Hansa Corporation

Court : Supreme Court of India

Decided on : Sep-25-1980

Reported in : AIR1981SC463; (1980)4SCC697; [1981]1SCR823

..... article 302 or article 304 of part xiii. accordingly, the contention that all taxes should be governed by article 301 whether or not their impact on trade is immediate or mediate, direct or remote, was negatived. the majority view in atiabari tea co. ltd. case (supra) was reexamined and affirmed in the automobile transport (rajasthan) ltd. v. the state of rajasthan .....

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Jun 27 1980 (FN)

Thomas Vs. Washington Gas Light Co.

Court : US Supreme Court

Decided on : Jun-27-1980

thomas v. washington gas light co. - 448 u.s. 261 (1980) u.s. supreme court thomas v. washington gas light co., 448 u.s. 261 (1980) thomas v. washington gas light co. no. 79-116 argued march 19, 1980 decided june 27, 1980 448 u.s. 261 certiorari to the united states court of appeals for the fourth circuit syllabus petitioner, a resident of the district of columbia, received an award of disability benefits from the virginia industrial commission under the virginia workmen's compensation act for injuries received in virginia while employed by respondent employer (hereafter respondent), which was principally located in the district of columbia, where petitioner was hired. subsequently, petitioner received a supplemental award under the district of columbia workmen's compensation act over respondent's contention that since, as a matter of virginia law, the virginia award excluded any other recovery "at common law or otherwise" on account of the injury in virginia, the district of columbia's obligation to give that award full faith and credit precluded a second, supplemental award in the district. the administrative order upholding the supplemental award was reversed by the court of appeals, which held that the award was precluded by the full faith and credit clause. held: the judgment is reversed, and the case is remanded. pp. 448 u. s. 266 -286; 448 u. s. 286 -290. 598 f.2d 617, reversed and remanded. mr. justice stevens, joined by mr. justice brennan, mr. justice stewart, and .....

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Jul 02 1980 (FN)

indus. Union Dept. Vs. Amer. Petroleum Inst.

Court : US Supreme Court

Decided on : Jul-02-1980

indus. union dept. v. amer. petroleum inst. - 448 u.s. 607 (1980) u.s. supreme court indus. union dept. v. amer. petroleum inst., 448 u.s. 607 (1980) industrial union department, afl-cio v. american petroleum institute no. 78-911 argued october 10, 1979 decided july 2, 1980 * 448 u.s. 607 certiorari to the united states court of appeals for the fifth circuit syllabus the occupational safety and health act of 1970 (act) delegates broad authority to the secretary of labor (secretary) to promulgate standards to ensure safe and healthful working conditions for the nation's workers (the occupational safety and health administration (osha) being the agency responsible for carrying out this authority). section 3(8) of the act defines an "occupational safety and health standard" as a standard that is "reasonably necessary or appropriate to provide safe or healthful employment." where toxic materials or harmful physical agents are concerned, a standard must also comply with 6(b)(5), which directs the secretary to "set the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity." when the toxic material or harmful physical agent to be regulated is a carcinogen, the secretary has taken the position that no safe exposure level can be determined, and that 6(b)(5) requires him to set an exposure limit at the lowest technologically feasible level that will .....

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Oct 07 1980 (SC)

Karbalai Begum Vs. Mohd. Sayeed and anr.

Court : Supreme Court of India

Decided on : Oct-07-1980

Reported in : AIR1981SC77; (1980)4SCC396; [1981]1SCR863; 1980(12)LC979(SC)

s. murtaza fazal ali, j.1. how dishonest cousins, looking after the lands of their brother's widow, situated far away from the place where the widow was living, taking undue advantage of the confidence reposed in them by their widowed sister-in-law and having painted a rosy picture of honestly managing the property and giving her due share, cast covetous eyes on their sister-in-law's share and with a deplorable design, seek to deprive her of her legal share and deny her legal rights is not an uncommon feature of our village life. that this is so is aptly illustrated by the facts of this case where the sister-in-law was driven by the force of circumstances to indulge in a long drawn litigation in order to vindicate her legal rights in wresting her share of the property from the hands of her cousins. this is the unfortunate story of the poor and helpless appellant, karbalai begum, who having failed to get justice from the high court of allahabad was forced to knock the doors of the highest court in the country and has, therefore, filed the present appeal in this court after obtaining special leave.2. in order to understand the facts of the case, it may be necessary to give a short genealogy of the parties which will be found in the judgment of the district judge and is extracted below :mir tafazzul hussain | ------------------------------------- | | syed khadin husain syed sadiq husain ------------------- ----------------------- | | | syed leek husain mohd. bashir mohd. rasheed .....

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Mar 23 1980 (SC)

Shri Digvijay Woollen Mills Ltd. Vs. Mahendra Prataprai Buch. (C.A. No ...

Court : Supreme Court of India

Decided on : Mar-23-1980

Reported in : (1980)19CTR(SC)190

a. c. gupta, j. a common question arises for consideration in these two appeals relating to the mode of calculating fifteen days wages of a monthly rated employee u/s 4 (2) of the payment of gratuity act, (hereinafter referred to as 'the act'). s. 4(2) provides :'(2) for every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days wages based on the rate of wages last drawn by the employee concerned :provided that in the case of piece-rated employee, daily wagers shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account :provided further that in the case of an employee employed in a seasonal establishment, the employer shall pay the gratuity at the rate of seven days wages for each season.''wages' has been defined in s. 2(x) of the act as follows :'(x) wages means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance'.2. it is not necessary to state the facts in any great detail. in both cases the respondent was a monthly rated employee and the .....

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