Karnataka Court June 1995 Judgments

The Regional Director, E.S.i. Corporation, Bangalore and anr. Vs. the ...

Court: Karnataka

Reported in: II(1996)ACC498; [1995(71)FLR783]; ILR1995KAR1998

1. The scope and ambit of the definition of wages as defined in Section 2(22) of the Employees' State Insurance Act, 1948 ('the Act' for short) arises for our consideration in this appeal. 2. The facts giving rise to this appeal, briefly stated, are as under : The 1st respondent is a Private Limited Company registered under the Companies Act of 1956. It is a small scale industry situated at Industrial Estate, Shimoga. This company is covered by the provisions of the E.S.I. Act. The Management has been paying production incentive to its employees since 1982. It has paid a total production incentive of Rs. 3,21,691.25. 3. On December 22, 1987, one M.P. Court-Accounts Officer, E.S.I. Corporation, visited the respondent-factory and conducted a test inspection. He noticed that the Management has paid a sum of Rs. 3,21,691.25 as production incentive to its employees. Hence, he prepared a report as per Ex. R1 and submitted the same to the Corporation. The Corporation issued a show cause notic...

Vorkady Vs. United Bank of India

Court: Karnataka

ORDERTirath S. Thakur, J.1. A suit for recovery of a sum of Rs. 75,000/- was filed by the Second Respondent against the petitioner herein in the Court of the Principal Civil Judge, Mangalore. This suit was decreed for a sum of Rs. 86,475/- with interest at the rate of 10% per annum by the Judgment and Decree of the trial Court dated 13-08-1992. Admittedly, no appeal has been filed against the Judgment and Decree aforesaid which has become final. 2. Execution proceedings, thereafter appear to have been filed by the decree holder which were later transferred to the City Civil Judge's Court, Bangalore. The transferee Court issued an order of attachment on 10-06-1993 attaching 1/3rd of the salary payable to the petitioner exceeding Rs. 400/-. In obedience to the said direction, the first Respondent-Bank started making deductions from July 1993 onwards and has kept the amount so deducted in a suspense account. 3. Aggrieved by the deductions made by the first Respondent-Bank, the petitioner ...

Employees' State Insurance Corporation Vs. thermit Alloys Pvt. Ltd.

Court: Karnataka

Narayan, J.1. The scope and ambit of the definition of 'wages' as defined in section 2(22) of the Employees' State Insurance Act, 1948 ('the Act' for short) arises for out consideration in this Appeal.2. The facts giving rise to this Appeal, briefly stated, are as under:The 1st respondent is a Private Limited Company registered under the Companies Act of 1956. It is a small scale industry situated at industrial Estate, Shimoga. This company is covered by the provisions of the E.S.I. Act. The Management has been paying production incentive to its employees since 1982. It has paid a total production incentive of Rs. 3,21,691-25.3. On 22-12-1987, one M.P. Court-Accounts Officer, E.S.I. Corporation, visited the respondent - Factory and conducted a test inspection. He noticed that the Management has paid a sum of Rs. 3,21,691-25 as production incentive to its employees. Hence, he prepared a report as per EX.R1 and submitted the same to the Corporation. The Corporation issued a show cause no...

State of Karnataka Vs. Nagesh Alias Ramesh

Court: Karnataka

Reported in: 1995CriLJ3816; ILR1995KAR2030; 1995(5)KarLJ510

Mirdhe, J.1. This appeal is preferred by the State against the judgment passed by the J.M.F.C., Yellapura, in Criminal Case No. 699 of 1992 acquitting the respondent-accused of the offence punishable under Section 392, I.P.C. 2. Since the accused had not engaged any counsel, we appointed Sri P. M. Nawaz, a learned member of this Bar, as amicus curiae to assist the Court in this case to argue the appeal on behalf of the respondent-accused. 3. We have heard the learned Additional S.P.P. Sri A. B. Patil and the learned amicus curiae Sri P. M. Nawaz fully and perused the records of the case. 4. The case of the prosecution is that on 29-8-92 between 9.00 a.m. and 10.00 a.m. the complainant, who was a senior teacher of Domagara School, was going to Kirawatti Mandal Panchayat in the forest road in connection with some election work. Then the accused came and talked to her and asked her as to where she was going. After some time, he threatened to give her gold bindle and also threatened to kil...

D. S. Jayaram Vs. Commercial Tax Officer, South Circle-11, Bangalore

Court: Karnataka

Reported in: [1996]103STC397(Kar)

L. Sreenivasa Reddy, J. 1. These petitions are filed under section 482 of the Criminal Procedure Code for quashing the orders dated February 17, 1996, passed by the Special J.M.F.C. (Sales Tax), Bangalore, in C.C. No. 255 of 1995 and other connected cases ordering process to the accused for the offence under section 29(1)(g)/(a) of the Karnataka Sales Tax Act, 1957 (for short, 'the KST Act'). 2. The petitioner, Sri D. S. Jayaram, is said to be the partner of M/s. Vasishta Industries. Criminal Petitions Nos. 903 to 913 of 1995 and 761 of 1995 have been filed on behalf of Vasishta Industries whereas the rest of the petitions have been filed by the petitioner in his individual capacity. 3. The firm Vasishta Industries and D. S. Jayaram are assessees under the KST Act. The respondent has filed charge-sheets against them for non-filing of monthly statements in form No. 3 as required under section 12(B)(1) of the KST Act and the Rules thereunder. 4. Since the petitioner in all these cases is...

Karnataka State Road Transport Corporation Vs. N.H. Thippe Swamy

Court: Karnataka

Reported in: [1996(74)FLR2281]; (1996)IIILLJ104Kant

ORDERMohan Kumar, J.1. The question raised in this writ petition is the scope of Section 10(4A) of the Industrial disputes Act, 1947 as amended. The worker of an Industrial undertaking whose services were terminated challenged the validity of the termination before the Labour Court invoking Section 10(4A) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). The order of termination in this case of the worker was issued on 10.4.1971 and the application under Section 10(4A) was made on 6.10.1988 i.e., nearly after 16 long years. The Labour Court after contest has held that the termination is illegal and has ordered reinstatement of the worker with 50% back-wages. The employer has challenged the award in W.P. No. 20253/92 whereas the worker challenges the same in W.P. 29278/92 in so far as it denies 50% of the back-wages. 2. One of the contentions urged on behalf of the employer is that even though Section 10(4A) of the Act does not prohibit adjudication of any que...

Karnataka State Road Transport Corporation Vs. N.H. Thippa Swamy

Court: Karnataka

Reported in: [1995(71)FLR613]; ILR1995KAR1719; 1995(3)KarLJ631

1. The question raised in this Writ Petition is the scope of Section 10(4A) of the Industrial Disputes Act, 1947 as amended. The worker of an industrial undertaking whose services were terminated challenged the validity of the termination before the Labour Court invoking Section 10(4A) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). The order of termination in this case of the worker was issued on April 10, 1971 and the application under Section 10(4A) was made on October 6, 1988 i.e. nearly after 16 long years. The Labour Court after contest has held that the termination is illegal and has ordered reinstatement of the worker with 50% back wages. The employer has challenged the award in W.P. No. 20253/92 whereas the worker challenges the same in W.P. 29278/92 in so far as it denies 50% of the back wages. 2. One of the contentions urged on behalf of the employer is that even though Section 10(4A) of the Act does not prohibit adjudication of any question rega...

The State of Karnataka Vs. Surendra Alias Sony Alias Anantha Padmanabh ...

Court: Karnataka

Reported in: 1996(1)ALT(Cri)83; 1995CriLJ3824; ILR1995KAR2022; 1995(3)KarLJ622

1. This appeal is preferred by the State against the judgment dated 13-5-1993 passed by the Second Additional Sessions Judge, D.K. in SC No. 44/91 acquitting the respondent-accused of the offence punishable under S. 302, IPC. 2. We have heard the learned Additional Government Pleader, Sri Rajagopal, and the learned counsel for the respondent, Sri R. B. Deshpande, and perused the records of the case. 3. The case of the prosecution is as follows : On 23-2-1991 at about 11 p.m. the accused picked up quarrel with deceased Shanmuga at Mallika Jewellers shop situated in Gowri Mutt Road in Mangalore City. At that time PW-1 Dharmaraj, who was proceeding in his auto-rickshaw towards his house came near the spot. Accused told the said Shanmuga that he would send Kadle People referring to deceased Shanmuga. PW-1 separated the accused and the deceased. PW-2 M. R. Ramesh, who was running a moving petty shop of Amlet also came there. CW-2 also came there. Accused ran towards his nearby house and ret...

Jyothi Home Industries Vs. Presiding Officer, Labour Court

Court: Karnataka

Reported in: [1995(71)FLR706]; ILR1995KAR1922; 1995(5)KarLJ100; (1996)IIILLJ105Kant

ORDERMohan Kumar, J. 1. The petitioner impugns Annexure-D award passed by the 1st respondent. The question raised in this Writ Petition lies in a narrow sphere. 2. The petitioner, a Beedi manufacturing contractor, had employed one Sri Nagesh Baliga and Sri Damodar. Sri Nagesh Baliga was the clerk-in-charge of the Channapatna Depot and it was noticed that as many as 3847 Log Books in his custody in the Depot were damaged by white ants. A memo was issued on 12.6.1980 to Nagesh Baliga who was incharge of the Depot to show cause why the cost of the Books should not be recovered from him. As his explanation was not satisfactory an enquiry was conducted. The Enquiry Officer after proper enquiry submitted a report finding the employee guilt of the charges framed against him. The Management imposed the punishment of reversion of Sri Baliga to the post of Clerk. 3. Shri Damodar, another employee along with certain other workers illegally prevented the movement of goods on 18.4.1980. As his expl...