Court : Punjab and Haryana
Decided on : Oct-06-1998
Reported in : (1999)121PLR11
..... s escorts limited, (1997-3) 117 p.l.r. 672. the division bench while deciding the letters patent appeal held as under :- 'the position of law as laid down in the aforesaid cases cited by mr. bhandari regarding the jurisdiction of the labour court to interfere under section 11a of the act 1947 is quite ..... cited case because this pertained to a dispute that had arisen before section 11a was inserted in the industrial disputes act, 1947 w.e.f. 15.12.1971. in fact, supreme court noticed that section 11a is not retrospective and the earlier disputes had to be governed ..... been so exercised and, in fact, is arbitrary. 7. to appreciate the said argument, reference can well be made to section 11a of the industrial disputes act, 1947 which reads as under :- '11-a. powers of labour courts, tribunals and national tribunals to give appropriate relief in case of discharge of workmen - ..... office of the petitioner on 5.9.1985. the respondent was directed telegraphically to resume duty at once. instead, he sent another medical certificate for extension of leave by another 153 days. in order to verify the actual position, petitioner sent a letter to the respondent to appear before the chief medical ..... court will not interfere in normal circumstances. 9. the attention of the court was drawn to the decision of the supreme court in the case of the east india hotels v. their workmen and ors. a.i.r. 1974 s.c. 696. but, indeed, the petitioner cannot take any advantage of the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-16-1998
Reported in : AIR1999P& H156; (1999)121PLR54
..... , we consider it proper to notice the background in which the act was enacted and also make reference to the relevant statutory provisions,43. soon after the partition of the country in the year 1947 it was considered imperative to create a model capital city for the then state of east punjab. this task was entrusted to the famous architect monsieur le carbousier ..... properly constituted local body takes over the administration of the city. the capital of punjab (development and regulation) act, 1952, seeks to carry out the above objects.'the punjab newcapital (periphery) control act, 1952.'the punjab government are constructing a new capital named 'chandigarh'. the master plan providing for the future extension, of the capital will extend over a much greater area than the area ..... by the respondents for no fault of the petitioner, the respondent-authorities cannot blame the petitioner for not having completed the construction within the time allowed and start charging heavy extension fee on that account.'64. in bhupinder kumar gupta v. haryana urban development authority, (1995 (2) pun lr 275) (supra), another learned single judge held that the respondent cannot ..... the condition that the difference between the amount deposited and 25 per cent of the bid shall be deposited in the same manner within 30 days of auction.9-a. extension of period.-- the chief administrator may for sufficient cause condone the delay or extend the period of 30 days referred to in sub-rule (4) of rule 8 or .....Tag this Judgment!
Court : Chennai
Decided on : Oct-05-1998
Reported in : [1999(82)FLR27]; (2001)IIILLJ27Mad; (1999)IMLJ64
..... section 42) has observed that: 'section 42 merely gives statutory recognition to a well- recognised type of declaratory relief and subjects it to a limitation, but it cannot be deemed to exhaust every kind of declaratory relief or to circumscribe the jurisdiction of courts to give declarations of right in ..... constitute an 'industrial dispute' within the meaning of section 2(k) or section 2-a of the industrial disputes act, 1947. (2) where, however, the dispute involves recognition, observance or enforcement of any of the rights or obligations created by the industrial disputes ..... gratuity has to be construed as a main relief and, therefore, the suit is barred, in view of the decision reported in state of punjab v. labour court, jullundur : (1981)illj354sc . in that case, for recovery of gratuity, an application was filed before the lower court under section ..... the consequential relief to the declaration, the suit for mere declaration is not maintainable. the same is barred under section 34 of the specific relief act. 9. as against the said submission, learned counsel for respondent submitted that as between a master and servant, a suit for declaration that the ..... one year from january 15, 1994, and plaintiff also accepted this extension by his letter, dated december 28, 1993, and requested for a three year extension. but, subsequently, on january 12, 1994, plaintiff again wrote to the defendants, declining the extension due to health problems, and he wanted himself to be relieved .....Tag this Judgment!
Court : Patna
Decided on : Feb-09-1998
..... case was proved to the satisfaction of the court, because special leave was limited to the question of sentence. similarly, in jagdev sing v. state of punjab, (supra) leave was limited to the applicability of the probation of offenders act and accordingly this court did not permit enlargement of the leave observing that ..... a limited question, can this court expand its scope and consider the other questions also at a later stage, is the question which has been referred by the leaned single judge to a division bench for decision.2. on a reference made under section 10(1)(c) of the industrial disputes act, 1947, ..... observed that in very exceptional cases, it can permit expansion of the scope of the appeal by reviewing its earlier order granting leave on a limited question after due notice and opportunity to the respondents. in this connection, paragraph 14 of the said decision is reproduced below: 'again, it must ..... (hereinafter referred to as the act), the labour court, bokaro steel city, gave an award dated february 5, 1985 holding the dismissal of the workman as not ..... to the respondents concerned and fair opportunity to meet the results of an extension of grounds of appeal.'9. in gauri shankar gaur v. state of u.p. air 1994 sc 169, the appeal was restricted to the limited question. thereafter some writ petitions under article 32 were also filed which .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-01-1998
Reported in : 1998IVAD(SC)163; AIR1998SC1715; JT1998(3)SC84; 1998(2)SCALE603; (1998)4SCC470; 2SCR620; 1998(1)LC595(SC)
..... energy had been supplied by the board to the consumers. the model conditions can be said to be akin to the model standing orders prescribed by industrial employment (standing orders) act, 1947, which, when certified, become part of the statutory terms and conditions of service between the employer and employees and they govern the relationship between the parties, as held in ..... of disconnection, on a prima facie satisfaction or suspicion of a conduct amounting to malpractice or pilferage of energy, appears to be unexceptionable. the board is certainly within its limits to discontinue supply of energy on ground of including malpractice of pilferage of energy. the conditions in the agreements in appendix iii & iv also contain stipulation of disconnection of ..... not for the time being served or adequately served by the licensee; (c) the simplification and standardisation of methods and rates of charges for such supplies; (d) the extension and cheapening of supplies of electricity of sparsely developed areas.(3) nothing in the foregoing provisions of this section shall derogate from the power of the board, if it considers ..... terms and conditions framed in exercise of a statutory power. undoubtedly the terms and conditions are statutory in character and they cannot be said to be purely contractual.21. in punjab state electricity board v. bassi cold storage, kharar and another : 3scr33 , this court held that the conditions of supply are akin to subordinate legislation.22. in bihar .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-27-1998
Reported in : 1999(1)KarLJ603
..... .s. chowdhary. 9. km. srinivas v r.m. premchand and others. 10. lawyers' initiative through r.s. bains, advocate and another v state of punjab through its chief secretary and others . 11. mis. chamundi hotel (private) limited and others v state of karnataka and others. 12. k.v. amarnath and another v state of karnataka and others . we are of the opinion ..... . in order to consolidate and amend the laws relating to prevention of corruption and matters connected thereto, the prevention of corruption act, 1947 was enacted which was amended from time to time. in the year 1988 a new act on the subject being act no. 49 of 1988 was enacted with the object of dealing with the circumstances, contingencies and shortcomings which were noticed ..... power projects at mangalore and bangalore of 250 mw each. the extract of the cabinet note relied upon by the respondents is to the effect:--'tower projects: the delegation held extensive discussions with the several foreign companies and associations of nri's regarding their proposals for investment in power sector and explained to them the various policy initiatives taken by the ..... (5) northland power, canada (6) m/s. caitness, new york (7) m/s. cogentrix, inc, usa (8) m/s. hellmuth, obata and kassabaum (hok) intercontinental, usa (9) m/s, north east energy, boston (10) m/s. public service enterprise group inc. new york, new jersey (11) m/s, dlj, new york (12) m/s, rolls royce, london (13) m/s, chalais .....Tag this Judgment!
Court : Orissa
Decided on : Aug-25-1998
Reported in : (1999)IILLJ337Ori
..... 1. order passed by the learned presiding officer, labour court, jeypore, koraput disposing of an application under section 33c(2) of the industrial disputes act, 1947 (in short the 'act') is under challenge.2. ghasiram jena (opposite party no. 2) (hereinafter referred to as the 'claimant') filed an application claiming benefit of ..... process leading to final relief. therefore, when a claim is made before the labour court under section 33c(2) that court must clearly understand the limitations under which it is to function. it cannot arrogate to itself the functions - say of an industrial tribunal which alone is entitled to make ..... other words, whether the award was within jurisdiction. the application of this principle has been illustrated in the decision of the apex court in voltas limited v. j.m. de mello, (1971-ii-llj-307). but under the guise of taking such a decision, the labour court cannot arrogate to ..... on december 21, 1983 to the financial adviser and chief accounts officer of the orissa state electricity board, bhubaneswar (in short, 'oseb') praying for extension of time to join the new assignment, and to permit him to stay at bhawanipatna for his personal difficulties and to look after his ailing mother. ..... 33c(1) and contended itself by saying that 'the scope of section 33c(2) is wider than section 33c(1)'. clarifying its earlier observation in punjab national bank v. k.l. kharbanda: (1962-i-llj-234)(sc) the court said that the observations that section 33c is a provision in the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Nov-23-1998
Reported in : 246ITR363(MP)
..... mala fide and they cannot be imaginary, arbitrary or fanciful only with a view to cover up the case within the period of limitation as provided under the act and the wealth-tax act. regarding the electrification by underground lines and h. t. lines, there is no material whatsoever and the allegations of investment of more ..... assessment completed and foreclosed long back having attained finality. the submission was that the power under sub-section (1) of section 131 of the act is the power, co-extensive with that of a civil court trying a suit under section 30 read with rules 12, 14 and 15 of order 11 of the ..... code and section 5(2) read with section 5(1)(d) of the prevention of corruption act, 1947, and sections 7, 11, 12 and 13(2) read with section 13(1)(d) of the prevention of corruption act, 1988, containing allegations that arjun singh was also one of the recipients who worked as a ..... madhya pradesh (which office he held twice), cabinet minister in the central government (which office he held twice), the office of governor of the state of punjab and haryana and the office of vice president in the organisational set up of the congress (i) party, to which he belonged, had his political antagonists, ..... code, and section 5(2) read with section 5(1)(d) of the prevention of corruption act, 1947, and sections 7, 11, 12 and 13(2) read with section 13(1)(d) of the prevention of corruption act; 1988, containing allegations that shri arjun singh was also one of the recipients to whom the jain .....Tag this Judgment!
Court : Guwahati
Decided on : Apr-29-1998
..... powers and statutory function is not entitled to take away the vested or accrued rights. learned senior counsel mr. goswami, after referring to section 7 of the assam sales tax act, 1947 pointed out that the state government conferred full exemption from the sales tax in the 1991 policy and in the light of the above provision to exempt any goods from ..... application had not expired before the appointed day ;(b) any proceeding by way of rectification or revision in respect of any period ending before the appointed day provided the time-limit for such rectification or revision has not expired before the appointed day ;(c) any return, statement or account relating to any period ending before the appointed day which is delivered ..... to the annual production after the completion of expansion/modernisation/diversification minus production during the base year divided by the base year production, expressed in percentage.............11. procedure for the extension of benefit under the scheme to an eligible industrial unit under the category 'b' which obtains the certificate of authorisation on or after the date of issue of this notification ..... from its promise. in support of his contention mr. goswami, learned senior counsel, referred to  85 stc 493 (sc) ; (1992) 2 scc 411 (amrit banaspati v. state of punjab), learned counsel further also referred in details to the decisions in motilal padampat sugar mills co. ltd. v. state of uttar pradesh on the issue of promissory estoppel, reported in .....Tag this Judgment!
Court : Chennai
Decided on : Apr-30-1998
Reported in : 125STC107(Mad)
..... the power to fix the rate of taxation. a clear illustration is provided by the provisions of the state transport facilities act, 1947 (qld), and the state transport act, 1960 (qld), which gave to a commissioner for transport very broad powers to licence services for the carriage of passengers ..... judgment over their wisdom. in this connection, it should be remembered that even in the case of administrative action, the scope of judicial review is limited to three grounds, viz., (i) unreasonableness, which can more appropriately be called irrationality, (ii) illegality and (iii) procedural impropriety [see council ..... violation in the decision reported in : 1996crilj1623 (director of enforcement v. mctm corpn pvt. ltd.). it would be useful and apposite to quote extensively, the masterly analysis undertaken by dr. justice a.s. anand to avoid sacrificing the originality of the propositions laid down from the said decision, ..... were incapable of passing on the excise duty to the buyers.' 8. reference has been made to : 1983crilj811 (mithu v. state of punjab) at page 479 (para 12) to contend that the gravity of the offence furnishes the guidelines for punishment and one cannot determine how grave ..... wide discretion in classifying items for tax purposes, so long as it refrains from clear and hostile discrimination against particular persons or classes. [see : east india tobacco company v. state of andhra pradesh : 1scr404 ], p.m. ashwathanarayana setty v. state of karnataka 1989 supp (1) scc .....Tag this Judgment!