Chennai Court January 2008 Judgments
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Adithya Fero Alloys Vs. the Addl. Commissioner Authority Under the Wor ...
Court: Chennai
Decided on: Jan-11-2008
Reported in: (2008)IILLJ268Mad
R. Banumathi, J.1. This appeal arises out of the order of Additional Commissioner for Workmen's Compensation, Karaikal in W.C. No. 1/1999.2. Case of second respondent/claimant is that she was a labour under the appellant and that she was employed for the purpose of carrying old dirt iron pieces for blasting at the work spot. According to the claimant, on 17.06.1998, when she was carrying the iron pieces, crane dashed her head and her right hand and she sustained fracture injury in her right wrist joint. The respondent was taken to Community Health Centre, Thriunallar where she was given first aid and was referred to Karaikal Government Hospital for further treatment. She has sustained permanent disability in her right wrist joint and fingers. Respondent has filed claim petition claiming compensation of Rs. 6,04,800/-.3. The Management resisted the application denying employment and employer-employee relationship. According to the appellant Management, it does not employ women employees...
Shaw Wallace and Co. Ltd., Glue and Acid Plant Employees Union Rep. by ...
Court: Chennai
Decided on: Jan-11-2008
Reported in: [2008(118)FLR197]; (2008)IILLJ250Mad
Elipe Dharma Rao, J.1. This Writ Appeal is filed against the order, dated 05.03.2001, made in W.P. No. 12259 of 1997, whereby a learned single Judge dismissed the Writ Petition, which was filed against the order of the Government, refusing to refer the dispute for adjudication, under G.O.(D). No. 1126, dated 09.12.1996.2. According to the appellant, they raised an industrial dispute relating to the closure of the factory at Kaduvetti and the said dispute was declined to be referred for adjudication, on the ground that the second respondent management wanted to introduce contract labour system, wherein direct labour was employed pursuant to the settlement arrived at under Section 18(1) of the Industrial Disputes Act with another Union; the said introduction of contract labour system was objected to by the appellant Union; thereafter, a Writ Petition was filed and eventually in Writ Appeal, it was held that the settlement being under Section 18(1) of the Act, it would bind only the parti...
Self Financing Private Teacher Training Institutes Association (Regd.) ...
Court: Chennai
Decided on: Jan-11-2008
Reported in: (2009)2MLJ787
ORDERP. Jyothimani, J.1. In these batch of writ petitions the Self Financing Private Teacher Training Institutes have challenged the validity of the impugned Government Order in G.O.Ms. No. 108 School Education (U1) Department dated 17.05.2007 and the consequential proceedings of the Director of Teacher Education, Research and Training, Chennai as unjust, arbitrary, void, unworkable and unconstitutional in so far as they relate to the petitioners as well as the members of the petitioner Association.2. The impugned Government Order passed by the State Government while prescribing guidelines for admission of students from the academic year 2007-2008 in the Diploma in Teacher Education has issued directions in the following lines:(i) granted permission to fill up the Government quota seats under Single Window System in four centres at Chennai;(ii) The academic year for the Diploma in Teacher Education is from July to June;(iii) The calendar of activities for the Diploma in Teachers Traini...
Ebenezer Teacher Training Institute for Women Run by Ebenezer Educatio ...
Court: Chennai
Decided on: Jan-11-2008
Reported in: (2008)2MLJ623
ORDERP. Jyothimani, J.1. In all these writ petitions, the Self-financing Teacher Training Institutes as well as their Association have challenged the constitutional validity of the impugned Government Order in G.O.(1D) No. 226 School Education (U1) Department, dated 28.08.2006, passed by the State Government and the consequential orders of the Director of Teacher Education, Research and Training, Chennai-6, in so far as they relate to the petitioner Institute as well as the members of the petitioner Association and for direction against the respondents not to insist on the member Institutes to follow the reservation policy of the State Government in admission under the Management quota for Diploma in Teacher Education course for the academic year 2006-2007.2. The petitioner institutes which are Self Financing Teacher Training Institutes imparting Diploma in Teacher Education course have been functioning from the academic year 2004-2005 and some of the Institutes have started functionin...
Konar Publications Vs. Madras Palaniappa Bros. and ors.
Court: Chennai
Decided on: Jan-11-2008
Reported in: LC2008(2)332; (2008)3MLJ10
S.J. Mukhopadhaya, J.1. In these appeals, as common question of law involved and preferred against common judgment, they were heard together and disposed of by this common judgment.2. Before deciding individual claim and counter claim, including the pleading as was set forth in different plaints, it is desirable to note certain undisputed facts, as shown hereunder:S.M. Palaniappa Chettiar, 1st plaintiff in C.S. No. 311/97 commenced business sometime in 1940's of publishing 'Konar Notes' for school students through M/s. Palaniappa Brothers, 2nd plaintiff in C.S. No. 311/97, a family partnership firm, respondent herein. The author of the book was one Vidwan Ayyan Perumal Konar, a Tamil scholar, assisted by a team of scholars. The notes seems to have popularly come to be knows as 'Konar Tamil Urai', i.e., Konar Tamil Notes. For the present, they are publishing 'Konar Tamil Urai' for students of classes XI and XII.M/s. Karthikeyan & Co., 1st defendant in C.S. No. 284/97 was established in ...
M.K. Chitkara, Ce Sole Arbitrator Vs. Union of India (Uoi) Rep. by the ...
Court: Chennai
Decided on: Jan-11-2008
Reported in: 2008(2)ARBLR271(Madras); (2008)2MLJ772
ORDERP. Jyothimani, J.1. O.P. No. 146 of 2001 is filed under Section 14(2) of the Indian Arbitration Act (Act 10 of 1940), to permit the petitioner to file the original award .dated 25.10.1999.2. O.P. No. 246 of, 2001 is filed under Section 30 read with Section 33 of the Indian Arbitration Act (Act 10/40) to set aside the award passed by the second respondent, being the sole Arbitrator dated 25,10.1999.3. In view of filing of the award into the Court, no order is necessary m O.P. No. 146 of 2001 and accordingly, O.P. No. 146 of 2001, is dismissed.4 The first respondent in O.P. No. 246 of 2001 is contractor, who entered into a contract in writing with the petitioner for provision of Married Accommodation for 72 LTS at Naval Air Station, Arakkonam vide contract Agreement No. CEMZ/ARK/28 of 1987-88 dated 12.11.1987. In- respect of. some difference which arose between the parties, the second respondent was appointed as a sole Arbitrator, who passed an award on 25.10.1999, directing the pet...
S. Rajkumar Vs. the Chairman, Tamil Nadu Electricity Board,
Court: Chennai
Decided on: Jan-11-2008
Reported in: (2008)3MLJ212
ORDERS. Manikumar, J.1. The petitioner has sought a Writ of Certiorarified mandamus to quash the proceedings of the second respondent in his Letter No. 017744/194/G.10/G.102/Karu.l2/2004-1/dated 13.05.2004, quash the same and consequently direct the respondents 1 and 2 to give employment to him under compassionate appointment in the place of his father later A. Sundararajan, who died in harness on 11.09.1999 by considering the Rules and Board Proceedings and for further orders.2. The petitioner has submitted that his father, late A. Sundararajan, was working as Wireman in Tamil Nadu Electricity Board. He died in harness on 11.09.1999, leaving behind his wife Pasupathl and two sons. At the time of death, the petitioner was aged 22 years and because of his father's sudden demise, the petitioner was heavily burdened with a responsibility to take care of his family. The petitioner has further submitted that while he was studying 7th standard, he was attacked by viral fever which compelled ...
A. Francis Vs. the Chief Administrative Officer, Department of Atomic ...
Court: Chennai
Decided on: Jan-11-2008
Reported in: (2008)IILLJ582Mad
ORDERK. Chandru, J.1. Heard the arguments of Mr. C.K.M. Appaji, learned Counsel appearing for the petitioner and Mr. T.S. Sivagnanam, learned Additional Central Government Standing Counsel representing the respondents 1 to 3 and have perused the records.2. The petitioner filed the Original Application before the Central Administrative Tribunal being O.A. No. 345 of 2002 seeking to set aside the order of the first respondent dated 31.01.1997 imposing a penalty of removal from service, which was confirmed by the order of the second respondent dated 27.6.1997 and the revision was also dismissed by the third respondent vide order dated 04.9.2001. The petitioner was employed as a Tradesman in the Indira Gandhi Centre for Atomic Research [for short, 'IGCAR'] coming under the Department of Atomic Energy and by an order dated 31.01.1997, he was removed from service for unauthorised absence. The petitioner was charge-sheeted by a charge-memo dated 14.02.1996 in which it was stated that he was a...
Lakshmi Vidhya Sangam Vs. Regional Transport Officer and anr.
Court: Chennai
Decided on: Jan-11-2008
Reported in: AIR2008Mad173; (2009)1MLJ1221
ORDERS. Manikumar, J.1. Petitioner has sought a Writ of Certiorarified Mandamus to quash the order of the first respondent in Na.Ka. No. 72088/E1/2002. dated 31-12-2002 and consequently, direct the first respondent to receive the Tax for the vehicles owned by the petitioner in accordance with the concession provided under Item 8(a) of the first Schedule to the Tamil Nadu Motor Vehicles Taxation Act, 1974.2. The petitioner is a non-profiting Society registered under Tamil Nadu Societies Registration Act XXI of 1860 on 6-6-1964. The main objects of the petitioner are,a) to acquire funds and properties by donations or otherwise so as to establish a fund for charitable educational purposes;b) to establish and maintain TV Sundaram Iyengar Elementary School, TV Sundaram Iyengar Higher Secondary School, TVS Lakshmi Matriculation Higher Secondary School and any other colleges, Universities and similar Institutions which may come under the management of the society solely for Education without ...
State Bank of India, Kotagiri Branch Rep. by Branch Manager Vs. Chokka ...
Court: Chennai
Decided on: Jan-10-2008
Reported in: (2008)1MLJ1009
ORDERS.J. Mukhopadhaya, J.1. This revision petition under Article 227 has been preferred by State Bank of India, Kotagiri Branch, against order dated 10th Sept., 2007, passed by Debts Recovery Appellate Tribunal, Chennai, (hereinafter referred to as 'DRAT') in M.A. No. 40/2007. By the said order, DRAT dismissed the appeal affirming the order dated 17th Jan., 2007, passed by Debts Recovery Tribunal, Coimbatore, (hereinafter referred to as 'DRT').2. The case of the petitioner-Bank is that respondents 1 to 3, who are the partners of the firm, M/s. Sree Vari Corporation, initially obtained crop loan on 14th Dec., 1996. Subsequently, the partnership firm, through respondents 1 to 3, on 23rd Jan., 1998, also obtained loan to the tune of Rs. 70 lakhs, Rs. 20 lakhs towards cash credit and Rs. 50 lakhs towards term loan. While taking such loan, properties at survey No. 678 and 679 of Thekkampatti village were mortgaged. The original documents were deposited with the bank. Pursuant to one time s...
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