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Karnataka Court October 1976 Judgments

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Oct 28 1976

Regional Director, E.S.i.C., Bangalore Vs. High Lands Coffee Works, Et ...

Court: Karnataka

Decided on: Oct-28-1976

Reported in: (1977)ILLJ178Kant

1. The Central question involved in this batch of appeals preferred by the Regional Director, Employees' State Insurance Corporation, Bangalore, against the order date 20-3-1975 of the Employees' Insurance Court, Bangalore, is whether the factories of the respondents which were seasonal factories within the meaning of S. 2(12) of the Employees' State Insurance Act, 1948 (hereinafter to be called the 'Act') would cease to be such seasonal factories after the amendment of S. 2(12) of the Act by the Amending Act 44 of 1966 if the said factories worked for a period in excess of seven months in a year. 2. The facts which lie in a short compass are not in dispute. They are set-out in the course of the order of the Court below and it is not necessary to re-state them here. 3. The factories of the five respondents are engaged in 'coffee curing' which involves the processes of dehusking, cleaning, grading, garbling and packing raw coffee. There is no dispute that the factories of the five respo...


Oct 25 1976

Regional Director, E.S.i.C., Bangalore Vs. Davangere Cotton Mills

Court: Karnataka

Decided on: Oct-25-1976

Reported in: 1976(2)KarLJ400; (1977)IILLJ404Kant

1. This is an appeal under S. 82(2) of the Employees' State Insurance Act, (referred to as 'Act') against an order made by the Employees' Insurance Court (referred to as 'Insurance Court'), Bangalore, in E.S.I. Application No. 24/1972. The application has been preferred by the respondent-mills (referred to as 'Mills'), under S. 77 of the Act. The appellant is the Regional Director of Employees' State Insurance Corporation (referred to as 'Corporation'). 2. The material circumstances leading to the appeal, briefly, are : The mills, being a company registered under the Companies Act, is engaged in the manufacture of textile yarn and fabrics, and has been carrying on its business in two factories situated at Davangere and Gadag in the State. The present dispute relates to the demand for payment of special contribution under the Act in respect of wages paid to apprentices and casual employees employed by it. The sum so demanded is Rs. 827 only. 3. On behalf of the mills, the reliefs sought...


Oct 20 1976

Gyanu Madhu Jamkhandi and ors. Vs. the State of Karnataka

Court: Karnataka

Decided on: Oct-20-1976

Reported in: 1977CriLJ632

ORDERM.S. Nesargi, J.1. This petition is directed against the order dated 10-9-1976 passed by the Principal Munsiff and J.M.F.C., Athani, and In-charge Additional Munsiff and J.M.F.C, Athani. in C.C. No. 650 of 1976 so far as it relates to rejection of the request of the petitioners, who were the accused in the said Criminal case, that they be enlarged on bail.2. On 19-6-1976, one Balappa Madappa Chavan and Malkappa Rachappa Kotti. both of Telsang, were murdered and the murder was reported to Aigali Police Station. Crime No. 42 of 1976 was registered in the said Police station. Investigation commenced, and on 22-6-1976 petitioners Nos. 1, 2, 4, 5, 7, 10, 13 and 14 were arrested, They were produced before the Magistrate on 23-6-1976. Petitioners Nos. 9 and 12 were arrested on 24-6-1976 and produced before the Magistrate on 25-6-1976. Petitioners Nos. 3, 6 and 11 were arrested on 4-7-1976 and produced before the Magistrate on 5-7-1976. Petitioners Nos. 8 and 15 were arrested on 8-7-1976 ...


Oct 18 1976

Divisional Manager Ksr Tc. Vs. Bhimaiah

Court: Karnataka

Decided on: Oct-18-1976

Reported in: 1976(2)KarLJ396; (1977)IILLJ531Kant

Honniah, Ag.C.J. 1. The respondent Bhimaiah was in the service of the Karnataka State Road Transport Corporation Bangalore Division. On 24-6-1969 the respondent, while driving the bus bearing Registration No. MYF 6348 from Tumkur to Bangalore, sustained injuries. One of the front wheels of the bus broke off from the vehicle as a result of which there was an accident. In the said accident he sustained injury to his left arm. The medical evidence shows that the injury sustained by Bhimaiah resulted in an impairment of free movement of his left hand, cisabling him from driving vehicles. He made an application under the Workmen's Compensation Act, 1923, hereinafter referred to as the 'Act' claiming compensation. His case was that the injury sustained by him was a permanent 'total disablement' within the meaning of S. 2(1) of the Act. The KSRTC, the appellant herein, contended that the injury suffered by Bhimaiah was not a permanent total disablement. The Commr for Workmen's Compensation, o...


Oct 14 1976

Kaveri Structurals Vs. Bhagyam

Court: Karnataka

Decided on: Oct-14-1976

Reported in: [1978(36)FLR31]; 1976(2)KarLJ394; (1977)IILLJ529Kant

Venkatachaliah, J.1. This appeal under S. 30 of the Workmen's Compensation Act. 1923, to be hereinafter referred to as the 'Act' is by the employer and is directed against the award of the Commissioner for workmen's Compensation, Kolar Sub-dive Robertsonpet, K.G.F. date 19th April, 1975 in Case FC. 19/74 on his file awarding a compensation of Rs. 4,800 in respect of the death of a workmen, George by name, employed by the appellant. 2. It is not disputed that the death, which occurred in an accident of electrocution was in the course of the deceased's employment. His mother Bhagyam preferred a claim before the Commissioner for workmen's compensation against the present appellant as well as the Bharat Earth Movers Ltd. The latter having questioned its liability in MFA. 360 of 1973, this Court in the said proceedings held that Bharat Earth Movers Ltd. was not liable and the liability, If any, was on the present appellant, pursuant whereto the Commissioner proceeded to award the said compe...


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