I suggest therefore that instead of making it subject to the provisions of this article, we should make it subject to the provisions of this Constitution. Velu did not bring down the acquisition proceedings qua his land, but on the contrary, by accepting compensation, had manifested his acceptance of the Award. Having taken note of the background facts and expressed our views on merits of the Appeals, now we shall take note of some interim orders passed by this Court after the Division Bench judgment dated 25.

Thus, as regards the service fee, the Tribunal in its award proceeded to "prune it down ". While construing the somewhat pari materia expressions appearing in the Mines and Minerals (Development and Regulation) Act 1957 regard must be had to the provisions of Entries 53 and 54 of List I and Entry 22 of List II of the 7th Schedule to the Constitution to understand the exclusion of mineral oils from the definition of minerals in Section 3(a) of the 1957 Act.

2011 came under challenge through Special Leave Petitions filed in 2011 itself. We are mindful that the Land Acquisition Act, 1894 as applicable to the State of Tamil Nadu does not specifically preclude the land owners from entering into sale transactions during an ongoing acquisition proceeding. As to the sit-down strike itself, both the Tribunals were of the view that the strike was the result of pre-concerted action and there was no justification for it when the matter was pending before a tribunal for adjudication.

That is to say, in this Constitution this article will remain. This is necessary to understand the real controversy between the parties in the three writ petitions which have been preferred directly before this Court. The Tribunal made its award in both the References on January 8, 1957. The reason which impelled the Appellate Tribunal to order reinstatement was that the notice of discharge dated April 6, 1948, was not served on the workmen individually and though the notice of July 5, 1948, inviting the former workmen to come and join the company was given wide publicity, it was also not served on the workmen individually.

Therefore if you want to insist upon these exceptions, the exceptions will also remain. I am sure that was not the intention or meaning of the draftsmen who put in the other articles also. But as long as the acquisition proceedings are not invalidated, any agreement creating or altering or extinguishing rights with respect to the land under acquisition will not be effective or efficacious against the State. Upon consideration of the rival contentions and materials on record, the points falling for determination are: (i) in the facts of the case, when did the Magistrate take cognizance of the complaint for the first time i.

In the actual calculations made by the Tribunal for determining the available surplus according to the bonus formula appearing in what has been marked as confidential exhibit T-1, the Tribunal has allowed only Rs. The plea of the workmen that the strike resulted spontaneously because of the insult offered by the manager to a deputation of the workmen on March 23 was disbelieved by both the Tribunals. is impermissible in law and whether the order allowing the amendment suffers from serious infirmity.

As regards the service fee, 944 the Tribunal held (i) that the amount of service fee paid by the company to the Parent company was excessive and beyond the requirements of commercial necessity and was allowable as an expense only as to one quarter thereof and (ii) that in any event even if the commercial necessity of the payment could not be challenged, a large part of the payment was in the nature of capital expenditure and that only the balance, being in fact a quarter thereof, was allowable as revenue expense for the purpose of determining the surplus available for the payment of bonus to the workmen.

But the spirit of the Constitution, the ideal under which this Constitution is based, will also come in, which I humbly submit, would not be the case, if you emphasise only this article. 2007, when the Magistrate satisfied of a prima facie case to take cognizance of the complaint; (ii) whether amendment to a complaint filed under Section 200 Cr. Velu and his vendees, namely the Respondents, could not have created and engineered rights or interests in the property against the State, except the right of seeking and receiving enhanced compensation.

In these circumstances, once the land stood vested in the State under Section 16 of the Act, P. According to the Appellate Tribunal, " the net result was that there was defective communication of notice of discharge to the workmen and the notice offering reinstatement was not also sufficiently published to enable it to hold 158 that the defect was cured ". 11 Section 17 is not a pandect; it could have been devised by Parliament to be so, inter alia, by the use of a non obstante clause, or in the alternative by clear and unequivocal language.