This is not a matter with which we can, in the circumstances of this case,’ interfere. The question is as to whether the evidence of the prosecution on the aforesaid aspects is trustworthy and reliable. Attorney-General for British Columbia (1). It is contended on behalf of the State that Section 11 requires a notice to be given to the ˜parents of a minor before a guardian is appointed; and that as postulated by Section 19, a guardian cannot be appointed if the father of the minor is alive and is not, in the opinion of the Supreme Court of India advocates, unfit to be the guardian of the child.
(1)(c) thereof This Court accepted the contention and in that context defined the import of ” improper acceptance ” within the meaning of s. The company thereupon issued a notice dated April 8, 1953, to the workers of the Hot Mill that unless they voluntarily recorded their willingness to operate the plant to its normal capacity, before 2 p. It seems to us that this interpretation does not impart comprehensive significance to Section 7, which is the quintessence of the Act.
A company dismissed from its service four of the appellants, for taking part and instigating others to join, in an illegal slowdown strike advocates in Supreme Court of India the Hot Mill Section of its works, which were a public utility service. The company then issued a second notice dated April 25, stating, inter alia, that the Workers who did not record their willingness to work the plant to its normal capacity in terms of the previous notice dated April 8, had been considered to be no longer in service and their formal discharge 320 from the company’s service had been kept pending in order to assure to the fullest that no one who wanted to work normally was being discharged on circumstantial assumptions and calling upon the workers to record their willingness by April 28, 1953, to operate the plant to its normal capacity, and further intimating that failing this their names would be removed from the company’s rolls and their discharge would become fully effective with all the implications of a discharge.
Looking at the scheme of the Act, its object and purpose, its true nature and character and the pith and substance the conclusion is inevitable that the Act was within the legislative competence of the Central legislature and although there may be certain matters otherwise within the legislative competence of the provincial legislature they are necessarily incidental to effective legislation by the Central legislature.
After this notice the entire body of workers of the works except those engaged in the essential services went on strike Thereafter, the company with the sanction of the Government filed a complaint under S. As a result forty workers recorded their willingness, but the rest did not make any response at all. 27 of the Industrial Disputes Act against the appellants for having instigated and incited others to take part in an illegal strike.
It was also urged that the orders passed were mala fide but no such allegation was made in the petition nor is it shown as to why the orders are mala fide. On their hand, the employees contend that during the continuance of their employment they are entitled to enter the premises of the Bank and having thus entered they were also entitled to exercise their right of going on strike. However, before discussing the intendment and interpretation of the Act, it would be helpful to appreciate the manner in which the same issue has been dealt with in other statutes and spanning different legal systems across the globe For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law , as he then was, delivering the judgment of the Supreme Court of India advocates observed at p.
The argument is that by virtue of their employment the employees had a licence to enter the premises of the Bank but this licence is subject to the condition that the employees are willing to carry out their obligation of the contract and do their allotted work during the, 839 office hours. It was, however, urged that the entry of the strikers in the premises of the Bank amounted to civil trespass. If the employees had decided not to work they were not entitled to the licence in question and so their entry into the Bank itself constituted a civil trespass.
On such dismissal the slow-down strike however gained strength. The impugned judgment is, therefore, in accordance with the Act and should be upheld. of April 10, they would be considered to be no longer employed by the company. If the aforesaid aspects are treated to have been duly proved, in our opinion, they form a complete chain of circumstantial evidence unequivocally pointing out accusing finger at the appellant. ” The Collector was acting within his powers if he asked for the deposit of cash security of Rs.
The various provisions of the Act and the Rules made thereunder were, in our opinion, essentially connected with the levying and may, if the security furnished for a bond is not adequate, demand additional security.