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1 - 10 of 11 (0.26 seconds)The Companies Act, 1956
Section 18 in The Industrial Disputes Act, 1947 [Entire Act]
Section 18 in The Rubber Act, 1947 [Entire Act]
Mohan Mahto vs M/S. Central Coal Field Ltd. & Ors on 18 September, 2007
33. The issue of statutory fervor of the National Coal Wage Agreement has
been taken note by the Hon'ble Apex Court in the case of Mohan
Mahto v. Central Coal Fields Limited, (2007) 8 SCC 549 wherein the
Hon'ble Apex Court has been pleased to observe about the statutory
fervor of the National Coal Wage Agreement as would appear from
para-10 which reads as under:
Shri Ram Krishna Dalmia vs Shri Justice S. R. Tendolkar & ... on 28 March, 1958
48. There is no dispute that the Article 14 of the Constitution of India puts
restrictions in making out hostile discrimination, i.e., the classification
said to be unreasonable, however, reasonable classification if is there,
the same does not hit the very spirit of Article 14 of the Constitution of
India. Reference in this regard be made to the judgment rendered by the
Hon'ble Apex Court in Shri Ram Krishna Dalmia & Ors Vs. Shri
Justice S.R. Tendolkar & Ors [AIR 1958 SC 538], the Hon'ble Apex
Court, taking into consideration catena of judgments rendered by
Hon'ble Apex Court, has held that Article 14 forbids class legislation, it
does not forbid reasonable classification for the purposes of legislation.
In order, however, to pass the test of permissible classification two
conditions must be fulfilled, namely, (i) that the classification must be
founded on an intelligible differentia which distinguishes persons or
things that are grouped together from others left out of the group, and
Baddula Lakshmaiah & Others vs Sri Anjaneya Swami Temple & Others on 20 February, 1996
49. Admittedly herein, before the learned Single Judge the specific
pleading made in the writ petition was not disputed which led the
learned Single Judge to come to the conclusion that even the two years
diploma course were considered for upgradation to E-1 Grade but it
needs to refer herein that the letters patent appeal court is the
furtherance of the writ proceeding as per the judgment rendered by the
Hon'ble Apex Court in Baddula Lakshmaiah and Ors. vs. Sri
Anjaneya Swami Temple and Ors., (1996) 3 SCC 52 as such, this
Court is of the view that the issue requires to be decided by this Court
on merit regarding the legality and propriety of the impugned order,
therefore, this Court is now proceeding to decide the issue on merit
taken by the administrative authority which is impugned in the writ
petition. Relevant paragraph of the said judgment reads as under:
State Of Bihar & Ors vs Kameshwar Prasad Singh & Anr on 27 April, 2000
56. The second reason that even accepting that the promotion or
upgradation had been granted based upon the diploma of two years can
it be helpful for the writ petitioner to take the ground of parity by citing
the instance of violation of Article 14 of the Constitution of India. The
law is already settled in this regard that the Article 14 of the
Constitution of India envisages positive equality and not the negative
equality. Reference in this regard be made to the judgement rendered
by the Hon'ble Apex Court in State of Bihar & Ors. vs. Kameshwar
Prasad Singh & Anr., AIR 2000 SC 2306 wherein at paragraph-30 it
has been laid down hereunder as :-
Basawaraj S/O Kashappa vs The Spl Land Acquisition Officer on 10 June, 2011
Reference in this regard may also be made to the judgment
rendered in Basawaraj & Anr. Vs. Special Land Acquisition Officer,
(2013) 14 SCC 81, in particular, paragraph 8, which reads hereunder as:
Kulwinder Pal Singh Etc vs State Of Punjab & Ors on 12 May, 2016
Likewise, the Hon'ble Apex Court in Kulwinder Pal Singh &
Anr Vs. State of Punjab & Ors, (2016) 6 SCC 532 at paragraph 16
held hereunder as: