Karnataka Court November 1994 Judgments
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Karnataka Electricity Board Engineers Association Vs. Karnataka Electr ...
Court: Karnataka
Decided on: Nov-17-1994
Reported in: ILR1995KAR391; 1995(2)KarLJ197
Saldanha, J. 1. Rule. Heard Counsel.2. The petitioners, who are the K.E.B. Engineers Association have filed this Petition whereby they have assailed certain modifications that have been brought about by the Board with regard to the percentages relating to the recruitments and promotions of one category of persons, namely, Assistant Engineers. Briefly stated, their challenge is to the effect that the scheme of the Act prescribes that the proposals of this type which ultimately affect the rights and the careers of the employees can only be amended by approval of the Board of Directors. According to the petitioners, the proper approvals have not been obtained before the steps have been taken. They, therefore, contend that the amendment is irregular and is liable to be struck down.3. The maintainability of this Petition has been seriously challenged by Mr. Subba Rao who represents the Board. He submits that the representative body which has approached this Court consists of a class of engi...
Prithviraj Annasaheb Patil Vs. Annasaheb Narayanarao Patil
Court: Karnataka
Decided on: Nov-17-1994
Reported in: ILR1995KAR310; 1994(5)KarLJ395
ORDERHari Nath Tilhari, J 1. The facts in brief are that respondent No. 45 Mohammad Harun Haji Ibrahim Shaith had died on 10th October, 1991. The application for substitution of the names of heirs of respondent No. 45 had not been filed within the time prescribed and as such by operation of law the appeal automatically abated against respondent No. 45. The appellant has moved this application for bringing on record the heirs of the deceased respondent No. 45, on October 14, 1993, along with the application for setting aside the abatement and for condonation of delay. The application for condonation of delay is I.A. XVIII, while application for setting aside abatement is I.A.XIX and application for substitution is I.A.XX, but, the cause for moving the application for substitution or for moving the application for setting aside abatement dated 4.9.93 has been stated to be that the appellant-applicant, according to the averments made in the affidavit for condonation of delay and setting a...
B.G. Gangadharappa Vs. Tahsildar, Soraba Taluk, Soraba
Court: Karnataka
Decided on: Nov-16-1994
Reported in: 1995CriLJ2820; ILR1994KAR3509; 1995(1)KarLJ258
ORDER1. This petition is filed by the respondent in Criminal Revision Petition No. 109/88 challenging the legality of the order dated 1-10-1991 passed by the Addl. Sessions Judge, Shimoga, allowing the revision petition filed by the respondent and setting aside the order passed by the Addl. JMFC., Sagar in C. Misc. 20/87 allowing the petition directing the village accountant to register the death of Smt. Gowramma on 25-1-1985.2. The petitioner filed a petition in C. Misc. 20/87 under Section 13(3), of the Registration of Births and Deaths Act, 1969 ('the Act' for short) read with Rule 10(3) of the Karnataka Registration of Births and Deaths Rules 1970, praying for a direction to the village accountant of Amachi village to register the death of his mother-in-law Smt. Gowaramma, wife of Narayanappa at Amachi on 25-1-1985. The petitioner's case was that his mothers-in-law Smt. Gowramma died in her house at Amachi on 25-1-1985, though the fact of death was informed to the village accountan...
Venkataswamy Vs. Managing Director, Ksrtc
Court: Karnataka
Decided on: Nov-16-1994
Reported in: ILR1995KAR325
ORDERSaldanha, J.1. Heard the petitioner's learned Counsel.2. On behalf of the petitioner, an interesting argument has been canvassed which falls for Decision in this Petition insofar as it concerns the interpretation of the word 'reinstate' as appears in the award passed by the Industrial Court. The petitioner's learned Counsel has advanced two-fold submissions, the first being that even though his client who is an employee of the respondent-Corporation had been dismissed from service, that by an Award dated 1st December 1989, he was ordered to be 'reinstated into service without back wages and continuity of service'. That order has been implemented and the petitioner who had originally joined the services of the Corporation as a Badli Conductor in the year 1967, came to be reinstated. The petitioner points out that the Corporation promoted the petitioner and subsequently, by an order dated 17.7.1992 Annexure-F to the Petition reverted the petitioner to his original position. It was c...
F. Abdul Khader Vs. Karnataka State Road Transport Corpn. and anr.
Court: Karnataka
Decided on: Nov-15-1994
Reported in: 1995(2)KarLJ371
ORDER1. Heard learned counsel on both sides. The controversy in this petition can be considerably narrowed down insofar as it centres around the question as to whether the petitioner who has been granted his seniority by the Corporation with effect from April 1, 1973 should be awarded his deemed seniority with effect from October 25, 1961 which was his original date of employment or August 19, 1967 which is the date from which he was re-employed by the Corporation. The facts of this case are rather unusual insofar as the petitioner was removed from the services of the Corporation more than once and finally, on an order of dismissal that had been passed against him, the Deputy General Manager by order dated August 19, 1967 directed that he be given a fresh chance of appointment as it was obvious to the authority that even if the petitioner should lose the benefit for the period of service already put in, that he should not be permanently punished. Accordingly, with effect from October 4...
Hira Sugar Employees Co-op. Consumers Stores Ltd., Belgaum Vs. P.P. Ko ...
Court: Karnataka
Decided on: Nov-15-1994
Reported in: [1995(70)FLR914]; ILR1995KAR127; 1994(5)KarLJ447; (1995)ILLJ1158Kant
ORDERTirath S. Thakur, J.1. Two order passed by the Additional Labour Court, Hubli are under challenge in this petition. By one of these order passed on 31st July 1992, the Labour Court has held the domestic enquiry conducted against the Respondent/Employee to be violative of the of the principles of natural justice and therefore in-valid in law. By order other passed on the 20th of December, 1993, the said Court has allowed an interim application filed by the employee and directed payment of subsistence allowance to him at the rate of 75% of the wages last drawn with effect from 31st of July 1992. 2. The petitioner/employer is aggrieved of both these order which have been challenged in the present proceedings Primilarily on the ground that the Labour Court had failed to address itself to the question of its jurisdiction, to examine the merits of the case even though the said question had arisen in view of the specific plea raised by the petitioner in the counter filed by it before the...
D. Padmanabhudu Vs. Bank of India and anr.
Court: Karnataka
Decided on: Nov-15-1994
Reported in: (1995)ILLJ1076Kant
G.T. Nanavati, C.J. 1. It is not in dispute that the appellant while working as Account Clerk in the 1st respondent-Bank misappropriated about Rs. 4,000/-. The amounts were paid by the customers to the Bank for the purpose of depositing them in their respective accounts. Instead of depositing the amounts in the respective bank accounts of the customers the appellant misappropriated them and even fabricated false documents by posting false entries. The bank therefore dismissed him from service after holding an enquiry. 2. Before the Labour Court the enquiry was not challenged but only the quantum of punishment was challenged. The Labour Court was influenced by the fact that the amount misappropriated is that of the customers and not of the bank and further the workman had repaid the amounts due to the customers and therefore there was repentance on the part of the appellant. The Labour Court was also influenced by the fact that the appellant deserved to the given a chance to reform hims...
Shashtha Industries Vs. Additional Deputy Commissioner of Commercial T ...
Court: Karnataka
Decided on: Nov-15-1994
Reported in: ILR1995KAR65
R.V. Raveendran, J.1. Mr. S. A. Nazeer, the learned Government Pleader, takes notice on behalf of the respondent. 2. The petitioner is a manufacturer of footwear (Hawaii chappals) and registered dealer under the Karnataka Sales Tax Act, 1957 and the Central Sales Tax Act. 1956 ('the KST Act' and 'the CST Act', for short). In regard to the period April 1, 1992 to March 31, 1993, an assessment order dated January 13, 1994 (annexure A) was passed by the assessing authority determining the KST and CST liability of the petitioner. For determining the taxable turnover under the KST Act, the assessing authority (respondent) exempted the turnover relating to the sale of Hawaii chappals costing less than Rs. 30 per pair (for the period July 4, 1992 to March 31, 1993). But for determining the taxable turnover under the CST Act, the assessing authority did not exempt the turnover relating to Hawaii chappals costing less than Rs. 30 per pair. Feeling aggrieved by the non-grant of such exemption fr...
V. Venkatesh Vs. Karnataka Silk Industrial Corporation Ltd.
Court: Karnataka
Decided on: Nov-15-1994
Reported in: (1995)IILLJ1243Kant
ORDERM.F. Saldanha, J.1. Heard learned counsel on both sides Rule. By consent of the parties, matter taken up for hearing.2. It is seldom that the Court will interfere in a case relating to a transfer unless it is visibly demonstrated that the order is punitive or more importantly that the case involves mala fides, vindictiveness or gross abuse of authority. The law takes note of the tact that for administrative reasons it may be necessary to cost an employee at a different work station. Undoubtedly such movement does result in a degree of dislocation and difficulty and it is therefore that certain well defined guidelines have emerged whereby it is essential that the transfer should be demonstrated to have been undertaken for an administrative exigency and in the public interest and conversely, that the order is not motivated nor can it be assailed on the grounds of mala fides, The Courts, particularly in exercise of writ jurisdiction were hitherto extremely slow in matters of interfer...
Syndicate Bank Vs. M. Jeevandar Kumar
Court: Karnataka
Decided on: Nov-15-1994
Reported in: ILR1994KAR3603; 1995(1)KarLJ268
Tirath S.Thakur, J1. This is a Plaintiffs first Appeal arising out of a suit for recovery of money, which was tried and decreed by the 1st Addl. Civil Judge, Mangalore, by his judgment and decree dated the 13th of February, 1991. The grievance in the Appeal is however limited only to that part of the decree by which the Court below has disallowed compound interest for the period prior to the suit, and awarded pendentelite and future interest at the reduced rate of 6% simple as against the contractual rate of 16.5% per annum. A few facts necessary for the disposal of the appeal may be stated first:Respondent No. 1 who is the Principal debtor, applied for and secured a term loan of Rs. 1 lakh from the appellant Bank's 'Moodabidri Branch' on 26.4.1976, with a view to liquidate a preexisting debt incurred by the said respondent for developing his farm. The loan amount was repayable by the borrower in yearly instalments of Rs. 20,000/- each for the first two years and thereafter one yearly ...
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