Chennai Court August 1997 Judgments
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General Manager, Southern Railway, Madras and Others Vs. Industrial Tr ...
Court: Chennai
Decided on: Aug-01-1997
Reported in: (1998)IMLJ121
ORDER1. Since all the above three writ petitions arise out of a common award in I.D. No. 52 of 1988 on the file of Industrial Tribunal, Madras, the same may be disposed of by the following common order. 2. W.P. No. 15214 of 1995 is filed by General Manager, Southern Railway, Madras, against the award of the Industrial Tribunal; Madras, in I.D. No. 52 of 1988 dated April 15, 1994, wherein the Tribunal has passed the Award holding that there exists the relationship of employer and employee between the Management and the workmen and the termination of the service of the workmen mentioned in the reference, other than S. Nos.7, 30, 35, 23, 24, 26, 27 and 29 is not justified and consequently directed that they should be reinstated into service without back wages. 3. In W.P. No. 10980 of 1996 the workmen numbering 22 filed the same before this Court in respect of the very same award which denies the backwages and continuity of service to them. In W.P. No. 13148 of 1996 one Subburayalu and sev...
M. Marimuthu Vs. the Principal, Kendriya Vidyalaya Mandampam Camp, (C. ...
Court: Chennai
Decided on: Aug-01-1997
Reported in: (1998)IMLJ25
ORDERP. Sathasivam, J. 1. The petitioner has approached this Court to issue a writ of mandamus directing the respondents to reinstate him and to regularise his service with all consequential benefits. 2. The case of the petitioner is briefly stated hereunder. The respondent viz., Kendriya Vidyalaya Sangham is a registered body is wholly owned and financed by the Union of India through the Ministry of Human Resources Development. It is an authority under Art. 12 of the Constitution of India, hence amenable to jurisdiction of this Court under Art. 226 of the Constitution of India. The petitioner was appointed in the year 1991 by the respondent as a primary teacher and he was allowed to continue in that post upto 30.4.1992. Subsequently, the petitioner was again reappointed and he was allowed to continue upto 30.4.1995 with certain breaks. In spite of three years of service the petitioner was ousted from service with effect from 30.4.1995. The petitioner is qualified with B.A.(English Lit...
Madathupatti Weavers Cooperative Production and Sales Society Ltd. Vs. ...
Court: Chennai
Decided on: Aug-01-1997
Reported in: (1998)ILLJ824Mad
P. Sathasivam, J. 1. Aggrieved against the order of the second respondent dated August 13, 1996, November 21, 1996, and the consequential order issued in the month of February. 1997. the petitioner has filed the present writ petition on various grounds.2. The petitioner is a handloom weaving cooperative society registered under the Tamil Nadu Co-operative Societies Act and Rules. They are governed by their own bye-laws and special bye- laws. The main object of the petitioner is to uplift the weaving community in and around Madathupatti area by providing employment. The Central and the State Governments have made contribution through share for operating the society. The petitioner- society has engaged only about 8 office staff to maintain records and to do the work relating thereto. The weavers are the members of the society, originally there were about 355 members. However, only 230 members are carrying on the work only when they are able to get yarn. The petitioner-society does not ha...
R. Chandrasekaran Vs. State of Tamil Nadu Represented by Secretary to ...
Court: Chennai
Decided on: Aug-01-1997
Reported in: (1998)1MLJ110
ORDERN.V. Balasubramanian, J.1. The petitioner in the writ petition is a student who has applied for admission in the first year B.E. degree course in the Engineering College in the State of Tamil Nadu for 1997-98. The petitioner has challenged the provisions contained in Clause 4(1) of the Information and Instructions to canddiates' seeking admission in the first year B.E./B. Tech/B. Arch degree course admissions 1997 for the Tamil Nadu Engineering Admissions, 1997. The said clause reads under:4. 1 Reservations for Rural School Candidates: 15% of the seats are reserved for candidates who have studied both XI and XII Stds. in Higher Secondary Schools situated within Village Panchayat limit in Tamil Nadu. The reserved seats are within the overall communal reservations. However, this will not apply to admission under special catego-ries mentioned in para.4.5. Candidates seeking admission under this reser-vation should get the certificate No. II, signed by the Head of the Institution wher...
The General Manager, Southern Railway and ors. Vs. the Industrial Trib ...
Court: Chennai
Decided on: Aug-01-1997
Reported in: (1998)1MLJ121
ORDERP. Sathasivam, J.1. Since all the above three writ petitions arise out of a common award in I.D. No. 52 of 1988 on the file of Industrial Tribunal, Madras, the same may be disposed of by the following common order.2. W.P. No. 15214 of 1995 is filed by General Man-ager, Southern Railway, Madras, against the award of the Industrial Tribunal Madras, in I.D. No. 52 of 1988 dated 15.4.1994, wherein the Tribunal has passed the Award holding that there exists the relationship of employer and employee between the Management and the workmen and the termination of the service of the workmen mentioned in the refer-ence, other than S. Nos. 7, 30, 35, 23, 24, 26, 27 and 29 is not justified and consequently directed that they should be reinstated into service without back wages.3. In W.P. No. 10980 of 1996 the workmen numbering 22 filed the same before this Court in respect of the very same award which denies the backwages and continuity of service to them. In W.P. No. 13148 of 1996 one Subbura...
M. Marimuthu Vs. the Principal, Kendriya Vidyalaya and anr.
Court: Chennai
Decided on: Aug-01-1997
Reported in: (1998)1MLJ25
ORDERP. Sathasivam, J.1. The petitioner has approached this Court to issue a writ of mandamus directing the respondents to re-instate him and to regularise his service with all consequential benefits.2. The case of the petitioner is briefly stated here under.The respondent viz., Kendriya Vidyalaya Sangham is a registered body is wholly owned and financed by the Union of India through the Ministry of Human Resources Development. It is an authority under Article 12 of the Constitution of India, hence amenable to jurisdiction of this Court under Article 226 of the Constitution of India. The petitioner was appointed in the year 1991 by the respondent as a primary teacher and he was allowed to continue in that post upto 30.4.1992. Subsequently, the petitioner was again reappointed and he was allowed to continue upto 30.4.1995 with certain breaks. In spite of three years of service the petitioner was ousted from service with effect from 30.4.1995. The petitioner is qualified with B.A. (Engli...
C. Paul Raj Vs. the Chairman-cum-managing Director, Tamil Nadu Civil S ...
Court: Chennai
Decided on: Aug-01-1997
Reported in: (1998)2MLJ242
ORDERP.D. Dinakaran, J.1. Heard both parties. In the above writ petition the petitioner has moved for a writ of certiorarified mandamus calling for the records comprised in the proceedings of the second respondent therein in his proceedings D.Dis.E.7/10869/87 dated 9.3.1987 and to quash the proceedings of the second respondent dated 9.3.1987 insofar as the petitioner herein is concerned and consequently directing the respondents herein to perform their statutory duty by promoting the petitioner herein as Superintendent with effect from 1.11.1983 and place him in the proper placement in the inter-district seniority list of Superintendents prepared in the year 1983 and grant further promotion to the petitioner herein based on the said list with all emoluments, increments and all other benefits due to the petitioner.2. The admitted facts of the case are stated as follows: The petitioner was recruited as a clerk in the year 1974 in the respondent-Corporation. By the proceedings dated 31.7....
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