Professional Documents
Culture Documents
fertilise on their own without human intervention. ICSI means male gamete is injected into
the egg to increase the chances of success by human intervention. Intra cytoplasmic sperm
injection. Fertilised egg is placed in the womb of the child in gestational surrogacy. Birth
control came into existence during this era
GMO babies – modifying the genetics of an offspring to ensure that certain things are deleted
from the genome like diabetes, asthma etc.
SC held that an individual dispute cannot per se be trade dispute unless the cause is sponsored
by a trade union or by a substantial no of workmen.
The federal court observed the reinstatement is connect=ted with non-employment and
therefore within the definition of trade dispute. An acclaim for compensation for dismissal
and again is a matter of non-employment.
Workmen talks about all persons employed on trade or industry. It is immaterial whether a
person is employed in trade or industry whether trade dispute is there or not.
By imposing restrictive conditions on the act and conduct on the trade or relations.
It was held that where more than one union claim representative character the method of
secret ballot should be adopted to ascertain the correct positions as regards the membership of
different trade unions.
National organisation of bank workers federation of trade union vs union if India and ors
1993 Bombay hc
Where of federation of trade union is not registered it is not a trade union under this act. It is
not a juristic person and is not competent to raise a demand on behalf of employees and
hence it cannot file a writ petition also.
Sithaldas parade was an individual of Bombay. He had many sources of income, chief among
them being property, stocks, bank deposits and a share in a partnership firm. His wife Devi
Ben and his children had separated from him and Devi ben had filed a suit in the Bombay
HC for maintenance allowance, separate residence, and marriage allowance for his
daughter. A decree by consent was passed on 11th march 1953 and maintenance allowance of
Rs 1500 per month was decreed against Sheetal Das.In term of this decree Shital das paid
Devi ben a sum of Rs 1350 for the month of march 1953 and a sum of Rs 18000 for the
financial year 1953-54,
From the income for assessment year 1954-55 No charge was made on sithal das’s property
for the payment of this sum. Sital das claimed the deduction of these sums relying on the
decision of raja Bijoy Singh didhuria case. the assessing officer and the appellate assistant
commissioner disallowed this claim. Sithaldas went on appeal before the tribunal ITAT.
Wherein the tribunal observed that “this is a case, pure and simple where an assessee is
compelled to apply a portion of his income for the maintenance of a persons. Whom he is
under a personal and legal obligation to maintain. IT Act does not permit any deduction from
the total income in such circumstances, “ The Asessee went into appeal before the Bombay
hc wherein the Bombay reversed the order of the tribunal relying on two cases Seth Motilal
manikchand vs commissioner of IT 1957 and Prince khanderao Gaekwad vs Commissioner
of IT 1948. Finally the commissioner of IT went in appeal before the SC wherein the three
judge bench of SC explained the difference between diversion of income and application of
income by overhearing title by explaining two situation and held that the present case fits into
the situation no 1 wherein the husband is fulfilling his obligation to pay his wife a
maintenance amount every month out of his own income. Hence the husband cannot claim
any deduction of that amount. Justice JL Kapoor and Hidayatullah and Justice JC shah.
The appropriate govt shall by an order specify and define the local limits within which any
Additional or deputy registrar shall exercise and discharge his powers and function of govt.
Additional or deputy registrar shall exercise and discharge such powers and functions of the
registrar as may be specified by an order issued by the appropriate govt.
MINIMUM MEMBERS SHOULD BE 7 AND 10% OF THE PEOPLE FROM THE TRADE
Section 9A
A registered trade union of workmen shall at all the times continue to have not less than 10%
or 100 of the workmen whichever is less subject to a minimum of 7 engaged or employed in
an establishment or industry with which it is connected as its members.
It was held that subscription are not paid in accordance with the by laws of the trade union.
Person who have failed to pay cannot be considered as a member of the trade union but
subscription should not be refused under some pretext which results in denial of membership.
BOKAJAN cement corporation employees union vs Cement Corporation of India Ltd 2004
SC
That an employee would not automatically seize to be a member of the trade union on
termination of his employment because there was no such provision either in trade union act
or in the constitution of India
Section 9
It was held in IFFCO PHULPUR karmachari sangh vs Registrar of Trade union and ors,
once the trade union is registered by the registrar under section 8 , Cetrificate of registration
continues to hold good until it is cancelled. The action of the registarar of trade union
registering the change of names of the office bearers of the union does not amount to
registration of a trade union.
It was held that the registrar of trade union has no quasi judicial authority to hold any enquiry
by allowing parties to examine witnesses and to decide the dispute as to who are the real
office bearers. When two rival groups claimed to be the office bears of the union, the scope
of enquiry is limited and an order passed by the registrar in this regard is administrative in
nature.
Section 10
RS toolkar vs Emperor
(Ntional union of commercial employees and anr vs MR Meher industrial tribunal Bombay
and ors 1962 SC)