It is argued that in view of subsuming of BIFR and AAIFR which are in the administrative jurisdiction of Department of Financial Services, Secretary DFS has been included. The difficulty of applying these tests arises because of the complexities of modern industrial organisation; many enterprises may have functional integrality between factories which are separately owned; some may be integrated in part with units or factories having the same ownership and -in part with factories or plants which are independently owned.

Reference in this connection is made to sections 15, 17 and 17-A of the Act. 3 which empowered the Central Government to add to the diseases falling within the mischief Of s. 3 conferred uncanalised and uncontrolled power on the executive and were ultra vires. No casting vote has been provided for the Chairman as over the period of time the selection processes in such committees have crystallized in a manner that the recommendations have been unanimous and there is no instance of voting in such committees in Ministry of Corporate Affairs.

When we come however to the provision in regard to the payment of gratuity to working journalists who voluntarily resigned from service from newspaper establishments, we find that this was a provision which was not at all reasonable. The composition of Selection Committee contained in Section 412(2) of the Act, 2013 is sought to be justified by the respondents by arguing that the recommended composition in the 2010 judgment was in broad terms. 3 as these words were severable. (d) or of the other clauses of S.

The following argument is also raised to justify this provision: (i) Robust and healthy practices have evolved in deliberations of Selection Committees. 311 Of the Constitution and the President of India is 'not bound under that Article to hear evidence of witnesses before he passes an order of dismissal. Moreover other similar statutory bodies/tribunals also do not provide for 'casting vote' to Chairperson of Selection Committee.

But the striking down of the impugned words did not affect the validity of the rest of cl. The legislature had established no criteria or standards and had not prescribed any principle on which a particular disease or condition was to be specified. That Article does not contemplate that before an order of punishment can be passed against a public servant, although a full and fair enquiry has already taken place, there must be a further enquiry at which evidence of witnesses viva voce is recorded.

In an American decision (Donald L. It is however urged on behalf of the appellants that even if the tribunal has power under s. Indeed, in a large number of cases several tests may fall for con- sideration at the same time. An attempt was made on behalf of the respondents in the course of the hearing before us to shew that by the conversion of the currency into naye pyse and the newspapers charging to the public higher price by reason of such conversion, the income of several newspapers had appreciably increased.

, which was payable by the newspaper establishments to their commission agents. As a consequence the Schedule to the rules also become ultra vires. In the midst of all these complexities it may be difficult to discover the real thread of unity. An opportunity of making an oral representation is not a necessary postulate of an opportunity of showing cause within the meaning of Art. in another case functional integrality or general unity may be the important test; and in still another case, the important test may be the unity of employment.

Further, the Committee will be deciding its own modalities as provided in the Act. (ii) The intention is to man the Selection Committee with persons of relevant experience and knowledge. It is submitted that as soon as the tribunal makes a determination whether interim or final, it must submit that determination to government which has to publish it as an award under s. 10(4) of the Act to grant interim relief of the nature granted in these cases it can only do so by submitting an award under s.

Till now there is no known case of any material disagreement in such committees. The words " or any other disease or condition which may be specified advocates in Supreme Court the rules made under this Act " in cl. Ford Motor Company (1)) there is an example of an industrial product consisting of, 3,800 or 4,000 parts, about 900 of which came out of one plant; some came from other plants owned by the same Company and still others came from plants independently owned, and a shutdown caused by a strike-or other labour dispute at any one of the plants might conceivably cause a closure of the main plant or factory.

15 to the appropriate government. These figures were, however, controverter on behalf of the petitioners and it was pointed out that whatever increase in the revenue was brought about by reason of this conversion of price into naye pyse was more than offset by the fall in circulation, ever rising price of newsprint and the higher commission, etc.