Karnataka Court March 1985 Judgments
Shankariah Vs. Karnataka State Road Transport Corporation
Court: Karnataka
Decided on: Mar-12-1985
Reported in: ILR1985KAR3644; 1985(2)KarLJ94; (1986)ILLJ195Kant
ORDER1. The petitioner an ex-employee of the Karnataka State Road Transport Corporation has presented this petition questioning the legality of the order by which his services were terminated. 2. The facts of the case is brief are as follows : By order dated 6th January, 1983 the petitioner was taken as a badli conductor in the services of the Corporation. By the impugned order dated 3rd December, 1984 Annexure-A his services were terminated on payment of one month's salary in lieu of notice and 15 days wages as retrenchment compensation in terms of S-25F of the Industrial Disputes Act (the Act for short). The petitioner questions the validity of the said order on the following grounds : 3. Mandatory conditions prescribed under S. 25F namely assigning reasons for retrenchment and giving an intimation to the State Government have not been complied with. 4. In my opinion the contention is untenable for the order of termination does not amount to retrenchment within the meaning of that ex...
Tag this Judgment!H.T. Bhandary Vs. Muniyamma
Court: Karnataka
Decided on: Mar-12-1985
Reported in: ILR1985KAR2337
Venkatachaliah, J.1. This appeal is in the list of orders cases for the day on the Respondent's application I.A. IV, for early hearing. However, with the consent of Learned Counsel on both the sides the appeal is taken up for final hearing, heard and disposed of by this Judgment.This appeal, by the owner of the motor-vehicle and the Insurer, is directed against the award dated 14-11-1983 made by the Motor Accidents Claims Tribunal-II, Metropolitan Area, Bangalore City, awarding a compensation of Rs. 55,000/- in a fatal accident's action.2. The claimant sought a compensation of Rs. 1,35,000/-for the death of her husband, Ramaiah, in theMotor accident which occurred on the Hosur Road, Bangalore at 10-30 A.M. on 18-10-1980, The deceased - Ramaiah was a pillionrider on the Scooter MAE 6673 driven by Kalappa, (P.W.2) and that the Car, MEN 7388 owned by the Ist appellant and driven by Shivashankar, (R.W. 1) collided against the scooter. Ramaiah succumbed to the injuries on 20-10-1980 at the ...
Tag this Judgment!Deepchand Kishanlal Vs. Commissioner of Income-tax and anr.
Court: Karnataka
Decided on: Mar-11-1985
Reported in: [1986]159ITR495(KAR); [1986]159ITR495(Karn)
K.S. Puttaswamy, J.1. M/s. Deepchand Kishanlal, a registered partnership firm, having its business office at present at No. 2, Ali Askar Road Bangalore City, represented by one Vinay Kumar Poddar, one of the partners of the said firm, is the common petitioner before me. The petitioner was originally an assessee on the file of the Income-tax Officer, CC-XIV, Calcutta ('ITO-C'), but is now borne on the file of the Income-tax Officer, Central Circle-III, Bangalore ('ITO-B'). 2. For the assessment years 1967-68 and 1968-69 relevant to the accounting years ending on December 31, 1966, and December 31, 1967, respectively, the petitioner filed its returns under the Income-tax Act of 1961, before the ITO-C, inter alia, disclosing a credit of Rs. 45,000 on March 31, 1964, from M/s. Karnataka Mining Company (P.) Limited for payment to M/s. Murari Trading Company of which one Murarilal Kedia was a partner and a sum of Rs. 57,600 as credit on September 30, 1967, from the mother of one Murarilal Ke...
Tag this Judgment!Karnataka Forest Plantations Corporation Limited Vs. Commissioner of I ...
Court: Karnataka
Decided on: Mar-11-1985
Reported in: (1986)53CTR(Kar)308; [1985]156ITR275(KAR); [1985]156ITR275(Karn)
Puttaswamy, J. 1. The Karnataka Forest Plantations Corporation Limited, a wholly owned company of Govt. of Karnataka, which is the common petitioner before me is, inter alia, engaged in the business of developing land for raising forest plantations like eucalyptus, bamboo, tropical pipes, rubber, cashewnut, cocoa and other varieties in the State. For carrying on its business operations, the petitioner borrows large amounts from the Govt. of Karnataka and banks from time to time and those amounts that are not immediately required for carrying on its business operations, as a matter of prudent business proposition and necessity, are invested in the same or other banks in current account and short-term deposits from which it earns interest at lower rates which receipts have given rise to these proceedings under the I.T. Act, 1961 (Central Act 43 of 1961) ('the Act'). 2. For the assessment years 1976-77 and 1977-78 relevant to the accounting years ending on March 31, 1976, and March 31, 19...
Tag this Judgment!Verkey and Co. Vs. Regional Labour Commissioner
Court: Karnataka
Decided on: Mar-11-1985
Reported in: ILR1985KAR3359
ORDERRama Jois, J.1. In this Writ Petition presented by T.K.Verkey & Co., the 1st petitioner ('the Company' for short) and its Manager, the 2nd petitioner, challenging the validity of the order made by the Regional Labour Commissioner (Central), Bangalore, the 1st respondent, on the application filed by the Labour Enforcement Officer (Central), Bangalore, the 2nd respondent under Section 20(3) of the Minimum Wages Act ('the Act' for short), the following question of law arises for consideration --Whether the 1st Petitioner - Company which has entered into, a contract with the Railway Administration of the Central Government for constructing buildings can be regarded as carrying on its business/industry by or under the authority of the Central Government and,therefore liable to pay its workmen wages at the rates fixed by the Central Government under the Act ?2. The facts of the case, in brief, are as follows : The Company is an independent building contractor. It has entered into a cont...
Tag this Judgment!Motiram Vs. State
Court: Karnataka
Decided on: Mar-11-1985
Reported in: ILR1985KAR4151; 1986(1)KarLJ308
ORDERK.A. Swami, J.1. The petitioner belongs to the cadre of Superintendent of Police. He was transferred to Bangalore from Mysore in the month or' October, 1983. On his transfer to Bangalore, a transit accommodation is allotted to him in JeevanBhimanagar in the Quarters bearing No. C. 70. Thereafter, he has now been transferred to Gulbarga. Pursuant to that he has taken charge of his office at Gulbarga on 26-10-1984. On his transfer, he has made a representation before the State Government for retaining the quarters No. C. 70 at Jeevan Bhimanagar upto the end of April, 1985, on the ground that his children are attending the school atBangalore and he having been transferred in the middle of the academic year, it will be difficult for the children to shift over to another school in the fag end of the academic year, hence, he has prayed for permitting him to continue to occupy the quarters in question till the end of April, 1985. This request has been rejected by the Government on the gr...
Tag this Judgment!Jayanna Vs. General Manager K.S.R.T.C.
Court: Karnataka
Decided on: Mar-08-1985
Reported in: ILR1985KAR3349; (1986)ILLJ199Kant
ORDERRama Jois, J.1. In all these Petitions presented by the employees of the Karnataka State Road Transport Corporation the point that arises for consideration is : Whether the competent authority exercising power of revision under Regulation 35 of the Karnataka State Road Transport Corporation Service (Conduct and Discipline) (Regulation for short) has the power to hold enquiry as contemplated by Regulation 23 once again for the purpose of enhancing the penalty imposed by the Disciplinary Authority 2. I shall, in the first instance, refer to the facts in W.P. No. 4300/1983. The petitioner was a Conductor in the Unit of the Deputy General Manager and Divisional Controller, Bangalore-III Dept. A Departmental Enquiry was instituted against him on the following charges on 6th March, 1980 : '1. That you have re-issued 7 tickets of Rs. 2.40 bearing No 70120-126 to 7 passengers travelling from Doddaballapur to Bangalore which were punched at Stg. 1 and 7, again issued from Stg. 7-1 and alte...
Tag this Judgment!Indian Telephone Industries Limited, Bangalore and Etc. Etc. Vs. State ...
Court: Karnataka
Decided on: Mar-08-1985
Reported in: AIR1985Kant186; 1985(1)KarLJ407
Puttaswamy, J.1. As the petitioners in these cases have challenged two amending Acts to the Karnataka Motor Vehicles Taxation Act of 1957 (Karnataka Act 35 of 1957) ('the Act') on grounds that are common or inter-connected, they can conveniently be disposed of by a common order. We, therefore, propose to dispose of them by a common order.2. On the outskirts of the City of Bangalore there are 4 giant industrial undertakings of the Central Government called (i) Indian Telephone Industries Limited, ('ITI'); (ii) Hindustan Aeronautics Limited, ('HAL'); (iii) Hindustan Machine Tools Limited, ('HMT') and (iv) Bharat Electronics Limited ('BEL') employing thousands of persons who have their residences in different parts of the City. In order to provide assured transportation facilities to their employees from their residential houses to their factories and vice versa, these undertakings have maintained their own fleet of passenger buses. The undertakings collect a nominal amount from each empl...
Tag this Judgment!City Municipal Council, Bijapur Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Mar-08-1985
Reported in: AIR1986Kant205; ILR1985KAR2625; 1986(1)KarLJ37
ORDER1. The City Municipal Council, Bijapur, represented by its Commissioner, has presented this writ petition questioning the legality of the order of the State Government by which it directed the petitioner to extend the lease of the land specified in the impugned order in favour of respondent 3 for a period of five years from 31-7-1982 on a revised rent of Rs.1000 per month. 2. The facts of the case, in brief, are as follows: The City Municipal Council, Bijapur is the owner of land bearing No. 409/2 situated in Ward No. 9 in the City of Bijapur. The area of the land is 10,036 sq. ft. It is a vacant land and had been leased by the City Municipal Council in favour of respondent for a 3 period period of 20 years on 31-7-1962. A copy of the agreement of lease is produced as Annexure A. In terms of the said agreement, the lease came to an end on 31-7-1982. Even long before the af6resaid lease period had come to an end, the Municipal Council passed a resolution dt. 30-12-1980 that the lea...
Tag this Judgment!iti, Hmt, Hal, Bel and Bgml Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-08-1985
Reported in: ILR1985KAR1129
ORDERPuttaswamy, J.1. As the Petitioners in these cases have challenged two amending Acts to the Karnataka Motor Vehicles Taxation Act of 1957 (Karnataka Act 35 of 1957) ('the Act') on grounds that are common or inter-connected they can conveniently be disposed of by a common order. We, therefore, propose to dispose of them by a common order.2. On the outskirts of the City of Bangalore there are 4 giant industrial undertakings of the Central Government called (i) Indian Telephone Industries Limited,('ITI') ; (ii) Hindustan Aeronautics Limited, ('HAL'); (iii) Hindustan Machine Tools Limited, ('HMT) and(iv) Bharat Electronics Limited ('BEL') employing thousands of persons who have their residences in different parts of the City. In order to provide assured transportation facilities to their employees from their residential houses to their factories and vice-versa, these undertakings have maintained their own fleet ofpassenger buses. The undertakings collect a nominal amount from each emp...
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