It then comes to this: Is the appellant entitled to the benefit of s. He found the image, brought it to his house in Junnar (Poona District) and installed it. In the absence of any such provision in the Industrial Disputes Act it would be unreasonable to hold that the mere enactment of s. The question, therefore, is whether the High Court was right in holding that the Appellate Authority had exceeded its legal power.

Ganpati Maharaj died in 1701 at the ripe age of 98. 33 in a case like the one before us. Appellant-bank assailed the decision of the learned Single Judge in Writ Appeal No. The appellant-bank has filed this appeal assailing the correctness of the above order. Accession to mortgaged property. Sub-section (2) relates to a matter not connected with the dispute in respect of which the proceeding is pending. 1313/2003 (B) and the Division Bench upholding the order of the Single Judge dismissed the writ appeal.

Section 17 of the Employees' Provident Funds Act, 1952 (Act 19 of 1952), for instance, confers on the appropriate Government power to exempt from the operation of all or any of the provisions of the scheme, establishments which have already introduced provident fund benefits which, on the whole, are not less favourable to the employees than the benefits provided under this Act. The assumption is that there cannot be two jurisdic- tions for two parts of one establishment.

The worship of Shri Venkatesh Balaji was carried on by him, and when he died, he left behind him three sons and a daughter. We see no difficulty in applying s. That principle is enacted in s. This is the same argument as the argument of two jurisdictions in another form. (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder;" It will be clear that the promulgation of the Ordinance was a "thing duly done" under s. Legislature makes such provisions when it thinks necessary to do so.

In one case permission of the authority before which the proceeding is pending has to be obtained for punishing etc. The principle stated in the section is that when a person has once been tried by a court of competent jurisdiction for an offence and convicted or acquitted of it, he shall not while the conviction or acquittal remains in force, be tried again for the same offence. For workmen in the mine, the authority will be the one appointed by the Central Government; for the factory, the authority will be that appointed by the State Government.

When Ganpati Maharaj was 72 years old, it was vouchsafed to him in a dream that an image of Venkatesh Balaji would be found by him in river Tambraparni in Tirunelveli District. 403 of the Code of Criminal Procedure. 5 of the Constitution Act and the repeal of s. 5 can only mean the withdrawal of that legislative power on and from the date of repeal. In order, therefore, that the appellant may have the benefit of the section he must have been tried by a court of competent jurisdiction.

This argument is valid, if the assumption is correct. "If, after the date of a mortgage, any accession is made to the mortgaged property, the mortgagee, in the absence of a contract to the contrary, shall, for the purposes of the security, be entitled to such accession. Section 33, as far as it is relevant for the argument now under consideration, is in two parts. The plaintiff, who is the appellant here, is the descendant of one Ganpati Maharaj, who was a devotee of " Shri Venkatesh Balaji ".

5 of the Constitution-Act would thus leave the Ordinance which was promulgated thereunder entirely unaffected. In this connection, it is best to reproduce, in the words of the High Court itself, what it conceived to be the limits of the appellate jurisdiction: If, however, there is no warrant for the assumption, as we have held there is none, then the argument has no legs to stand upon. ; in the other case, an application for approval of the action taken by the employer has to be made.

25F either ousts the jurisdiction of industrial tribunals to entertain claims for gratuity schemes or makes it improper or unjust to frame such schemes for all employees including those who are retrenched. Sub-section (1) relates 723 to a matter connected with the dispute in respect of which a proceeding is pending. It says so in express terms. Similarly, a settlement or award in respect of the factory will be binding on the workmen of the factory. There is no doubt that if the Appellate Authority whose duty it is to determine questions affecting the right to settlement of a liquor shop, in a judicial or quasi-judicial manner, acts in excess of its authority vested by law, that is to say, the Act and the rules thereunder, its order is subject to the controlling authority of the High Court.

If, therefore, in the case before us there is a settlement or award in respect of the limestone quarry, it will be binding in the circumstances mentioned Advocates in Supreme Court of India (Full Review) the subsection, on the workmen in that part of the establishment which is the limestone quarry.