It was, therefore, contended successfully by the workman that in view of the withdrawal of the strike before the declaration, the stigma of illegality is wiped out under the deeming provision of Sub-sec. Since the issue is very clear and fully covered by the ratio laid down in the aforesaid four decisions, we have no hesitation in answering the first two questions in the affirmative, i. We do not think there is any difference between the expenditure incurred on foundation and levelling the land for the purpose of installing the plant and machinery, factory buildings and housing colony, as was done by the assessee. R M Pandia, Managing Director of the company is also appointed as the Vice Chairman of the BoD's of the company w. The heat transfer media plant was commissioned in February, 1994. These debentures are redeemable infull at a premium of 5% on 11th April 1992. In that case the illegal strike or lock-out shall not be deemed to be illegal for the purposes of this Act.
As the learned counsel for the respondent No. Copyright © 2001 Indian Express Newspapers Bombay Ltd. Beyond that protection the petitioner-union and the employees cannot seek any other relief of any nature whatsoever. The Labour Court will be well within its legitimate jurisdiction to decide the reference to grant or not to grant a declaration that strike commenced was an illegal strike though it was withdrawn before such declaration. This was the third colour of illegality that smeared the strike which was illegally commenced and continued under and was illegally continued under of the Act.
Whatever may be the outcome in the said matter, the management assure the union in writing that they will not take any proceedings under the provisions of M. Sri Nerlekar, the learned advocate for the respondent-company supported the judgment of the Labour Court. If any one of the conditions under S. It is difficult to visualise that those who saw their error even before the declaration was made by the Labour Court, and wanted to rectify their error and resume duty or start the work of the establishment, should be punished because they did not continue the strike or lockout until the Labour Court made a declaration that the strike or lockout was illegal. Under the fiction is created that the otherwise illegal strike or lockout as declared by the Labour Court shall not be characterized as illegal if withdrawn within 48 hours, with an avowed aim to establish industrial peace and normalcy in the interest of the society. According to Shri Nerlekar, considered from any angle and considering any date, the strike which commenced on 10-7-1995 and which continued upto 19-8-1995 was rightly declared illegal by the Labour Court though it was withdrawn on 19-8-1995.
Core project financials like plant capacity, costs involved in setting up of project, working capital requirements, projected revenue and profit are further listed in the report. Emmanuel Hess as Director with effect from February 12, 2008. It further appears that on 19-8-1995 the parties reached an amicable settlement whereunder it was inter alia agreed as under : 4. The respondent-company filed a reference under S. Similar would be the position with regard to the lockout covered by Sub-sec.
Even if the employees propose to go on strike the employer can move the Labour Court for declaration that the proposal of his employees to go on strike should be declared as illegal. It has excellent electrical insulating properties. Gas-phase polymerization was developed for the manufacturing of ethylene-propylene rubbers. In view of all these circumstances, I hold that the expenditure incurred on land development and on the construction of roads and on fencing should be treated as expenditure incurred on the factory building. The Income-tax Officer has framed the assessment on loss of Rs.
The company is in the process of enhancing its capacity of alkyl phenols by an additional 1,000 metric tonnes per year. The resistance to polar substances and steam are also good. Moreover, the settlement between the parties has fully protected the union. Any strike which is commenced or continued without giving to the employer notice of strike in the prescribed form, or within 14 days of the giving of such notice would be an illegal strike. Some vehicle manufacturers also recommend a light application of silicone dielectric grease to weather-stripping to reduce noise. .
The Hon'ble Division Bench accepted the said submissions on behalf of the workman and observed as under, in Para. The strike commenced in breach of continued to be illegal upto 17-7-1995 and thereafter the strike notice has attached another illegality of continuation of the illegally commenced strike, during the period of the strike notice. The process of solution polymerization is a widely used method which is highly versatile in making a wide range of polymers. Similar would be the position with regard to the lock-out covered by Sub-section 2. His reliance on the said ruling is wholly misplaced as the Division Bench was not seized of the point which is being canvassed by Sri Patel. Yet there is another important limb of the submissions of Sri Patel to question the validity of the impugned order of the Labour Court.
Access in-depth petrochemicals data Stay on top of market volatility and inform your commercial strategies with pricing, data, news and analysis. It appears that the petitioners contested the Reference by filing their written statement before the Labour Court. Shri Nerlekar pointed out that the illegal strike was commenced and continued upto 19-8-1995 and therefore, it was illegal for the entire period. He further submitted that after the 14 days period from 10-7-1995 the strike ceased to be an illegal strike. The strike commenced in breach of S.
Shri Patel further submitted that at the most the strike could be declared illegal from 10-7-1995 to 17-7-1995 but not upto 19-8-1995. And through our report we aim to help you make sound and informed business decision. The net surplus arising out of this was credited to the Capital Reserve. Learned counsel for the assessee, on the other hand, supported the order of the Appellate Assistant Commissioner which was upheld by the Tribunal by relying on four decisions, two of the Supreme Court and two of the High Courts, viz. There is no way out for the union from the stigma of the illegality of the strike from 10 July, 1995 to 19 August, 1995 as it is tightly surrounded and gheraoed by three clearcut illegalities, and it was therefore, rightly declared as illegal by the Labour Court. He further submitted that after the 14 days period from 10 July, 1995 the strike ceased to be an illegal strike. The Income-tax Officer, however, in his assessment order for the assessment year 1969-70 rejected the assessee's claim on the ground that the expenditure incurred by the assessee was in respect of the land taken on long lease by it and not for installing plant and machinery or constructing buildings thereon.
The employees would be spared from the charge of participation in an illegal strike and the recognised union from the threat of cancellation of its registration under S. The appellant-company had incurred this expenditure before production started and this expenditure has been capitalised. I do not agree with the submissions of Shri Patel that the Labour Court ceases to have jurisdiction under Section 25 of the Act to declare the strike to be illegal, if such strike was withdrawn during the pendency of the proceedings and before grant of such declaration by the Labour Court. Yet there is another important limb of the submissions of Shri Patel to question the validity of the impugned order of the Labour Court. The penal consequences following the illegality of the strike, in particular, would be spared to the employees and the Recognised Union. The company is also in talks with foreign multinationals for sourcing contracts. It is also used as a medium for water resistance in electrical cable-jointing, roofing membranes since it does not pollute the run-off rainwater, which is of vital importance for rainwater harvesting , geomembranes, rubber mechanical goods, plastic impact modification, thermoplastic, vulcanizates, and many other applications.