Chennai Court March 2009 Judgments
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Management of Tamil Nadu State Transport Corporation (Villupuram Div. ...
Court: Chennai
Decided on: Mar-16-2009
Reported in: (2009)IVLLJ117Mad
D. Murugesan, J.1. The writ appeal questions the order of the learned single Judge made in W.P. No. 14518/1995 dated July 18, 2003 on the following substance:The respondents numbering 1113 were employed either as conductors or drivers in the appellant Transport Corporation. On the ground that they have put in more than 240 days of services and their services were regularised and they have been made permanent, they approached the Labour Court, Vellore under Section 33C(2) of the Industrial Disputes Act for computation of monetary benefit to which they are entitled to.2. By Award dated December 21, 1994, the Labour Court allowed the claim petitions which was questioned by the Transport. Corporation in the writ petition. The learned' single Judge concurring with the award of the Labour Court had dismissed the writ petition giving rise to the present writ appeal.3. The two issues raised in the writ appeal are (1) Whether the respondents are regular employees and their services are regulari...
R. Seeniyappan Vs. the Industries Commissioner and Director of Industr ...
Court: Chennai
Decided on: Mar-14-2009
Reported in: (2009)IVLLJ231Mad
P. Murgesen, J.1. This appeal has been filed against the order dated 23.05.2007 made in W.P. No. 10057 of 2006 on the file of this Court.2. The brief facts arising out of this writ appeal are as under:The appellant was working as Attender from 01.04.1984 to 06.07.1989 and he was also working as Maistry from 01.02.1995 to 31.03.1998 in the Bangalapatti Adi Dravidar Welfare Brick Workers Industrial Co-op. Society, Periyakulam. The appellant was terminated from service on 06.07.1989 stating that the management of the Bangalapatti Adi Dravidar Welfare Brick Industrial Co-op. Society was not functioning. Against the termination of his service, he filed I.D. No. 188 of 1991 before the Labour Court, Madurai and the same was ended in favour of the appellant. Subsequently, the Government had issued G.O.(D) No. 719 dated 22.06.1995 to prosecute the respondent-Management. Subsequent to this, the appellant was again appointed as Maistry with effect from 01.02.1995, wherein the appellant had served...
R. Sivashanmugam and ors. Vs. the State of Tamil Nadu Rep. by the Secr ...
Court: Chennai
Decided on: Mar-13-2009
Reported in: (2009)6MLJ289
ORDERK. Chandru, J.1. In these writ petitions, the challenge is to the amendment brought in by the Tamil Nadu Act 11 of 1996 to the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1994 and a prayer is sought to declare them as ultra vires and unconstitutional.2. Sections 4 to 6 of the Amendment Act reads as follows:Section 4. Tamil Nadu Act 58 of 1961, as subsequently modified, to have effect subject to modifications.- The principal Act shall, on and from the 6th day of April 1960, have effect, as if, Section 22 had been renumbered as Sub-section (1) of that section and after Sub-section (1) as so renumbered, the following Sub-section had been added, namely:2. For the purpose of Sub-section (1) if any transfer or partition has the effect of reducing the extent of surplus land in excess of the ceiling area, such transfer or partition, whether bona fide or not, shall be construed as defeating the provisions of this Act. Section 5. Validation.- Notwithstanding ...
Mrs. S. Narmadha Vs. Assistant Commissioner (Ct)
Court: Chennai
Decided on: Mar-13-2009
Reported in: (2009)26VST354(Mad)
ORDERV. Ramasubramanian, J.1. The petitioner is the wife of one B. Satish Babu, who was running a business under the name and style of Mascon Agencies, as a proprietor. He had registration both under the Tamil Nadu General Sales Tax Act, 1959, and also under the Central Sales Tax Act, 1956. After the introduction of the Tamil Nadu Value Added Tax Act, 2006, with effect from January 1, 2007, the petitioner's husband was assigned TIN No. 33431281710.2. Unfortunately the petitioner's husband died in a road traffic accident on December 1, 2007 leaving behind him surviving, the petitioner, a minor daughter and his parents. After his death, the petitioner started managing the concern and the petitioner's father-in-law filed monthly returns. In the meantime, the petitioner applied for death certificate and legal heirship certificate. After receiving the same, the petitioner sent copies of the same requesting the respondent to incorporate necessary changes in the certificate of registration. B...
Backward Class Employees Welfare Association of I.i.T. (M) Represented ...
Court: Chennai
Decided on: Mar-12-2009
Reported in: (2009)5MLJ247
ORDERK. Chandru, J.1. The Writ Petition is filed by the petitioner association represented by its Secretary.2. The prayer in the Writ Petition is to declare certain statutes framed under the Institutes of Technology Act 1961 are unconstitutional and ultra vires. The attack is made against clauses 9.10, 12.1, 12.6, 12.8, 12.10, 15.1 and 15.2 of the statutes called as the Indian Institute of Technology, Kharagpur/Bombay/Madras/Kanpur/Delhi Statutes. Apart from the declaration of these statutes as violative of Articles 14 and 16, a consequential prayer for calling for the records pertaining to the appointments to various faculty positions and quash all the appointments made on ad-hoc basis for the post of Temporary Technical Assistants, Temporary Senior Scientific Officer 1, Senior Scientific Officer 1 on contract, Temporary Senior Scientific Officer 2, Senior Scientific Officer 2 on contract, Lecturer on contract, Lecturer on ad-hoc basis, Assistant Professor on contract, Visiting Profes...
A.S. Mohammad Shareef and Co., Rep. by Its Partner Mr. A.S. Mohammad S ...
Court: Chennai
Decided on: Mar-11-2009
Reported in: (2009)24VST128(Mad)
K. Chandru, J.1. The challenge in this writ petition is to the G.O. Ms. No. 339, CT & RE Department, dated 13.9.1996 and to set aside the same and to consequently forbear the respondents from levying, demanding or collecting tax on Inter State sales of pulses and grams.2. The writ petition was admitted on 13.3.1997. Pending the writ petition, this Court held that prima facie the Government lacks power to collect tax for items mentioned in the impugned G.O. under the Central Sales Tax Act by an order dated 12.4.1997.3. On notice from this Court, on behalf of the respondents, a counter affidavit dated 21.1.2008 was filed. It is the case of the petitioners that they are the registered wholesale dealers both under the Central Sales Tax Act, 1956 (for short 'CST Act') as well as the Tamil Nadu General Sales Tax Act, 1959 (for short 'TNGST Act'). The first petitioner was carrying on wholesale business in pulses, grams, paddy, rice and other items at Tiruvarur. Similarly the other petitioners...
The Management of Audco India Ltd. Vs. the Presiding Officer, Principa ...
Court: Chennai
Decided on: Mar-11-2009
Reported in: (2009)IIILLJ700Mad
ORDERK. Chandru, J.1. The petitioner is the management. Aggrieved by the award passed by the first respondent/Labour Court in I.D. No. 8 of 1996 dated 13.7.1999, the present writ petition has been filed. By the impugned award, the labour Court directed reinstatement of the second respondent with service continuity and backwages together with all other attendant benefits.2. The writ petition was admitted on 27.10.1999 and an interim order was granted. On 11.01.2001, when the matter came up for further orders, this Court directed the petitioner management to pay a sum of Rs. 1,000/- in terms of Section 17-B of the Industrial Disputes Act (for short 'the I.D. Act') from 25.10.1999 and continue to make monthly payments till the disposal of the writ petition. Subsequently, the interim stay was made absolute with the above condition by a further order dated 30.12.2002.3. It is the case of the second respondent that he joined the services of the petitioner management on 4.6.1993 as an apprent...
Ar. Vijay Garg and Vs. Ar. P. Satheeshkumar and ors.
Court: Chennai
Decided on: Mar-09-2009
Reported in: AIR2009Mad135
Elipe Dharma Rao, J.1. For the sake of convenience and easy reference, the parties are refererred to as per their ranking in the writ petitions.2. Both these matters pertain to the election to fill up five vacancies of Member posts to the third respondent/Council of Architecture. The writ petitioners have filed the writ petitions before the learned single Judge, praying to issue a Writ of Mandamus to the Union of India, represented by its Secretary to Government, Ministry of Human Resources and Development to appoint Returning Officer to conduct the election to fill up the five vacancies in the second respondent Council under Section 3(3)(a) of the Architects Act, 1972 among the Members of the Indian Institute of Architects, Chennai.3. In their writ petitions, the writ petitioners have contended that they are the Architects registered with the Council of Architecture, New Delhi and they are also the members of the Indian Institute of Architects. Pursuant to the notice issued by the res...
The Management of Tata Tea Ltd. Vs. the Presiding Officer and S. Kumar ...
Court: Chennai
Decided on: Mar-06-2009
Reported in: (2009)IIILLJ693Mad
ORDERK. Chandru, J.1. The petitioner is the management. Aggrieved by the award passed by the first respondent Labour Court made in I.D. No. 358 of 1996 dated 10.8.1999, the present Writ Petition has been filed.2. By the impugned award, the Labour Court set aside the dismissal of the second respondent and directed his reinstatement with backwages and other service benefits.3. The Writ Petition was admitted on 7.4.2000 and an interim stay was granted with a condition that the petitioner management deposits 50% of the backwages and also complies with monthly payments under Section 17B of the Industrial Dispute Act provided the second respondent files an affidavit that he was not gainfully employed anywhere. 4. Thereafter the second respondent filed a vacate stay application. When that came up for hearing, this Court by an order dated 17.112000 made the stay absolute and further directed the second respondent to withdraw the sum of Rs. 42,500/-, which was deposited to the credit of I.D. A ...
The Management of Vijayashree Spinning Mills Ltd. by Its Director Vs. ...
Court: Chennai
Decided on: Mar-06-2009
Reported in: (2009)IIILLJ697Mad
ORDERK. Chandru, J.1. The petitioner is the management of Vijayshree Spinning Mills Limited at Dindigul. Aggrieved by the award of the Labour Court made in I.D. No. 308 of 1995 and C.P. No. 90 of 1995, dated 10.11.1999, the present Writ Petition has been filed.2. The Labour Court by the impugned award held that the second respondent was entitled to be reinstated with effect from 1.7.1993 with service continuity backwages and other attendant benefits.3. The Writ Petition was admitted on 15.12.1999. Pending the Writ Petition, this Court directed the management to deposit 50% of the backwages and also to comply with Section 17-B of the Industrial Disputes Act by paying monthly wages. However the payment of monthly wages was subject to workman filing an affidavit stating that he was not employed anywhere.4. Subsequently, when the matter came up on 29.6.2000, the interim order was continued. Thereafter, when the second respondent filed application for direction, this Court made the stay abs...
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