Court : Gujarat
Decided on : Mar-10-1986
Reported in : (1987)1GLR139
..... relief of reinstatement was being granted on terms of withholding of half of the back wages and, therefore, did not constitute penalty.under section 11a of the act, advisedly wide discretion has been vested in the tribunal in the matter of awarding relief according to the circumstances of the case. ..... absent from duty for two days (31st march and 1st april. 1980) in spite of leave having been refused. the leave was sought on medical ground. the workman had not been informed about the refusal of the leave. however, the fact remains that his leave was not granted and ..... court in reference (lcr) application no. 382 of 1981 held that the punishment was unreasonable and excessive therefore required interference under section 11a of the industrial disputes act. the labour court held that the workman should be reinstated in continuity of service with 50% back wages. the labour court also ..... to the misconduct of the workman.5. in the case of sardarsingh devisingh v. the district superintendent of police, sabarkantha district and ors. xxvi (2) glr 1368 this court had considered the question of reasonableness and rationality of punishment in proportion to the misconduct. in para 6 of that judgment ..... 50% back wages on the ground that it would be sufficient punishment for the proved misconduct, and hence no interference is called for under article 227.2. the learned counsel for the respondent corporation has relied upon the judgment of the supreme court in the case of mohd. yunus v. mohd. mustaquim .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-16-1986
Reported in : (1987)2GLR1070; (1988)ILLJ524Guj
..... the public works department are not workmen since the activities undertaken by the irrigation department could not be said to be industry in the terms of the definition in section 2(j) of the industrial disputes act-see om prakash v. management, m/s. executive engineer (1985-i-llj-16). our reasons for disagreement are obvious. in the first place, the eminent domain ..... disputes act. following the decision of the supreme court in nagpur corporation case (supra) the court in hospital majdoor sabha's case (supra) was concerned with a question as to whether a group of hospitals run by the government for the medical relief as well as for imparting medical education was 'industry'. gajendragadkar, j., considered the definitions of various terms defined by section 2, namely ..... speaking through sandhawalla. c.j. raised a question : can any person having regard to the conditions in the country and in the light of its federal constitution say with any degree of plausibility that the very establishment and construction of the national and state highways and their maintenance is something which the state should barter away to a private citizen or ..... group engaged in co-operation with the employing group in rendering services to the community essential for a higher general human welfare, to share in that welfare in a greater degree ... 54. so long as services are part of the wealth of a nation-and it is obscurantist to object to it-educational services are wealth, are 'industrial'.' 12. krishna .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-13-1986
Reported in : AIR1986Guj175; (1986)2GLR1147
..... considered to be belonging to scheduled caste in b state. i am afraid, this interpretation sought to be placed on art. 341(l) overlooks the definition of 'scheduled castes' contained in art. 366(24) and the words 'which shall for the purposes of the constitution be deemed to be scheduled ..... and to consider the question whether respondent no. 4 could be accommodated by creating an additional seat the authorities concerned may, if necessary, approach the medical council for according approval for additional seat.15. rule made absolute with no order as to costs. respondent no. 4's request to stay ..... central government is not confined to one state and there is no separate list of castes in the schedule to the order and the aforesaid act applicable or operative for public employment under the central government. again, if the respondents are right in their contention, in case of caste or ..... qualifying examinations. in other words, a candidate who has passed the higher secondary school certificate examination in science stream under 10+2 pattern of education conducted by the central board of secondary education, new delhi is eligible for admission to first m. b. b. s. course ..... first m. b. b. s. course and first b. d. s. course. higher secondary . school certificate examination (science stream) under 10+2 education pattern conducted by the central board of secondary education from any of the recognised institutions located in gujarat state is prescribed to be one of the .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-31-1986
Reported in : (1986)54CTR(Guj)272; (1987)1GLR3; 162ITR28(Guj)
..... ) were, therefore, violative of article 14. what weighed with the court was that all factories falling within the meaning of section 2(m) of the factories act were brought within the purview of the definition of 'establishments' while establishments carrying on business or trade and employing less than 50 persons were left out, and that out of this latter class of establishments, an exception ..... , inquiries, and confirmations to afford a reasonable basis for an opinion regarding the financial statement under examination' (see page 5 of the statement of auditing standards). the standard connotes a degree of competence required for a particular purpose. the aforesaid institute emirates the following as the generally accepted auditing standards : 1. the examination is to be performed by a person or ..... books of account and other documents as may enable the income-tax officer to compute his total income in accordance with the provisions of the act. under sub-section (1) of section 44aa, every person carrying on legal, medical, engineering or architectural profession or profession of accountancy or technical consultancy or interior decoration or any other profession as notified by the board have to .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-04-1986
Reported in : (1986)2GLR1240
..... auditor-general. article 221 deals with salaries, leave of absence and pension of the high court judges. thus, according to (he party-in-person, this set of articles definitely mentions about the pensionary benefits payable to such of those functionaries mentioned in those articles. from these internments, the party-in-person argues that the constitution, by necessary implication, ..... ltd. and ors. reported in : 1986(8)ecc189 wherein the supreme court had occasion to consider section 29 of the foreign exchange regulation act, 1973. in section 29(1) of the said act, the word 'permission' mentioned remains unqualified while in other sections of the act such as sections 8 and 31, the expression 'general or special permission' is qualified by the word 'previous'. referring ..... of the legislative assembly from the words of article 195 of the constitution. article 246 of the constitution clearly states as follows:246. (i) notwithstanding anything in clauses (2) and (3), parliament has exclusive power to make laws with respect to any of the matters enumerated in list i in the seventh schedule (in this constitution referred to ..... mere word 'permission' and the words 'previous permission' clearly indicated that the parliament deliberately avoided the qualifying word 'previous' in section 29(1) so as to invest the reserve bank of india with a certain degree of electricity in the matter of granting permission to non-resident companies to purchase shares in indian companies. as far as the present .....Tag this Judgment!
Court : Gujarat
Decided on : Jun-27-1986
Reported in : (1987)1GLR411
..... is not correct. in fact, standard x students would directly go to diploma course in civil, mechanical or electrical engineering and who pass that diploma are eligible for admission to degree course in that particular branch. similarly, for electronics branch, if students with equivalent diploma having obtained directly after standard x, are admitted, there is nothing unusual.12. having ..... no equivalent examination passed by the respondent nos. 5 to 7.5. on behalf of the respondents, it is submitted that under section 22(x) of the gujarat university act and under reg. 3 (page 325 of hand book part ii of (gujarat university, 1980) the academic council has the power, on the recommendation of the standing committee on equivalence of examinations ..... the university referred the letter of the technical examination board to the dean of the faculty of engineering who recommended that they should be considered eligible for part-time degree course. the vice-chancellor considered an application of one prafulla thakkar and granted her eligibility for this course.7.the subject matter was referred to the standing committee on ..... supreme court observed that this aspect of the question relates purely to an academic matter and courts would naturally hesitate to express a definite opinion particularly when it appears that the board of experts was satisfied that appellant no. 2 fulfilled the first qualification. the observations of the supreme court in another case of mohammad shujat ali v. union of india .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-04-1986
Reported in : 65CompCas492(Guj); (1987)1GLR291
..... grant, or of credit in respect of, or relating to hire-purchase of, goods sold only under state sponsored schemes. now, 'state-sponsorted scheme' is defined in section 2(l) of the act as under : '2. in this act, unless the context otherwise requires, - (l) 'state-sponsored scheme' means a scheme sponsored or adopted by the state government or an officer authorised by it in ..... sense or meaning. reading of clause (b) leaves no doubt that it covers the dues of the banks given to parties under a state sponsored scheme as defined under section 2(l) of the act. 11. we have perused the judgment of n. h. bhatt j. in special civil application no. 1702 of 1984 decided on october 9, 1985. the grounds that weighed ..... him in his judgment. paragraph 27(a) is in respect of the preamble of t he act, whereas paragraph 27(a) is in respect of the preamble of the act, whereas paragraph 27(b) reproduces section 2(3) of the act, whereas paragraph 27(b) reproduces section 2(3) of the act which provides that after the amount has been recovered from the deflator as arrears of land ..... . the learned advocates for the petitioners have not disputed that the dues of t he banks were commercial dues and not dues under the state sponsored scheme as defined in section 2(l) of the act. if the dues of the banks for which the banks have filed suits are not dues under agreements of the type contemplated by sub .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-28-1986
Reported in : AIR1987Guj136; (1987)2GLR1178
..... 4) in cases of furlough, the furlough period not to be counted towards sentence.' 18. from the aforesaid provisions in the prisons act, the definition and the creation of furlough system there is no doubt that the prisoners have a privilege admissible to them under the furlough system as mentioned in ..... if the cause is not sufficient, the superintendent will have to consider his explanation and having regard to the insufficient cause or no cause and the degree of gravity of offence in the facts and circumstances of the case, decide about the quantum and nature of punishment. if he does not think ..... without sufficient cause or reason. in such cases sufficiency of such a cause related to time will certainly have to be considered by the authority. section 48-a itself provides for cases of later surrender. as seen earlier it provides that if any prisoner fails without sufficient cause to observe any ..... to criminal tendencies and have proved their susceptibility to indulge in criminal activities by being found guilty (by a court) of having perpetrated a criminal act. one of the discernible purposes of imposing the penalty of imprisonment is to render the society immune from the criminal for a specified period. it ..... r. 2(17) of the furlough rules. even if furlough is not an absolute right of the prisoner, nonetheless it is a right and privilege admissible and regulated under the rules and it can be granted, refused or withdrawn as per rules.19. section 48a is the express provision .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-01-1986
Reported in : (1987)1GLR282
..... lands deemed to have been acquired by the state government under the act 'shall be disposed of to subserve the common good'. the provisions of sub-section (4) are 'subject to the provisions of sub-sections (1), (2) and (3)', but the provisions of sub-section (1) are enabling and not compulsive and those of sub-section (2) and (3) are incidental to the provisions of sub ..... transfer other private owners. the prevalent pathology of corrupt use of public power cannot be assumed by the court lest the same charge be levelled against its echelons. the wide definition of 'industry' or the use of general words like 'any person' and 'any purpose' cannot free the whole clause from the inarticulate major premise that only a public purpose to ..... and filling the bill of article 39(b) and (c) will be permissible. even a private industry may be for a national need and may serve common good. even a medical clinic, legal aid bureau, engineering consultant's office, private ambulance garage, pharmacist's shop or even a funeral homemay be a public utility. professions for the people, trade at the ..... , therefore, this contention based on article 39(b) has also to be rejected.15. it is also submitted that the impugned government resolution and policy is contrary to section 35 of the act. section 35 enables the state government to issue orders and directions of a general character as it may consider necessary in respect of any matter pertaining to the power and .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-12-1986
Reported in : (1987)1GLR493
..... or three months salary in lieu of such notice. the regulation further states that if such a person is not coming under the definition of 'workman' under the industrial disputes act, such an official can be retired compulsorily on or after the date on which he attains the age of 50 years. the ..... . delhi transport corporation reported in : (1981)illj271sc is a case where the supreme court, on the agreement arrived at by both sides, accepted the medical board's determination of the age after specifically observing that it is not going into the vires in this case.20. the decision in ramamurthy v. director ..... decision can be arrived at an earlier stage than at a later stage after number of years because as per taylor's principles and practice of medical jurisprudence the estimation of age becomes difficult in the later years and the approximation could be only to the decade to which a person may ..... of the regulation 8 and not an independent note issued de hors the regulations framed under section 32 of the oil and natural gas commission act, 1959. firstly, the note does not come into conflict with regulation 8(2). on the other hand, it gives wider scope to the employee concerned to have his ..... in its affidavit-in-sur-rejoinder, states:the petitioner was examined by the commission's doctor on 14-2-1963 wherein the petitioner's age appears to be mentioned as 36. however this medical certificate 18 tampered with and there is over-writing and additions made in this certificate by which it shows .....Tag this Judgment!