Karnataka Court July 1999 Judgments
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Employees' State Insurance Corporation, Bangalore Vs. Bhoruka Textiles ...
Court: Karnataka
Decided on: Jul-12-1999
Reported in: 1999(5)KarLJ611; (2000)ILLJ583Kant
1. The short but important substantial question of law involved in this appeal is as to whether the good work reward and ex gratia payment made by the employer to its employees constitutes wages within the meaning of Section 2(22) of the Employees' State Insurance Act (for short, the Act').2. The brief facts of the case are the respondent 1 herein is covered under the Act. It made E.S.I. Application No. 18 of 1991 on the file of E.S.I. Court, Hubli, under Section 75 of the Act for setting aside the order dated 28-5-1991 passed by the E.S.I. Court for payment of contribution towards good work reward amount. The appellant herein filed objections and the E.S.I. Court after assessing the evidence let in by both the parties following the decision in S.T. Reddiar and Sons v Regional Director, Employees' State Insurance Corporation, held that the reward paid voluntarily by an employer as an incentive to its workman or any payment of gratuitous nature, otherwise than under the application eith...
B.V. Chandrashekar and Others Vs. Joint Registrar of Co-operative Soci ...
Court: Karnataka
Decided on: Jul-12-1999
Reported in: ILR1999KAR3645; 1999(6)KarLJ695
ORDER1. The petitioners herein had challenged the order dated 7-7-1999 passed by the respondent 5-Karnataka Appellate Tribunal (henceforth in brief referred to as 'the KAT') in Appeal Nos. 181 of 1999, 192 of 1999 and 194 of 1999 filed by the petitioners, in passing whereof, the KAT had vacated the ex parte order granted by it staying the operation of the order dated 26-3-1999 in dispute No. JRD. MD. 17/97-98 passed by the respondent 1-Joint Registrar of Co-operative Societies, Bangalore Division, Bangalore.2. The respondent 1-Joint Registrar of Co-operative Societies had passed the above order dated 26-3-1999 setting aside the election of the petitioners as Directors of 'Janata Bazaar', Davangere for the co-operative years 1997-98 to 1999-2000 to represent the 'C' class shareholders. The election was set aside on the main ground that the Bye-law 17(a)(iii) in the matter of election of the petitioners as Directors of the respondent 3-Janata Bazaar was not in consonance with the provisi...
T. Thirumalesh Vs. Bharatiya Reserve Bank Note Mudran Limited, Bangalo ...
Court: Karnataka
Decided on: Jul-09-1999
Reported in: ILR1999KAR3623; 1999(5)KarLJ532; (2000)ILLJ221Kant
ORDER1. Discharge of an employee placed on probation is almost invariably assailed on the ground that the employer's action is punitive in character. The form in which the order is issued is not conclusive for Courts have been persuaded to go behind the orders to determine the true nature of what may seem to be an innocuous and innocent exercise by the employer of his power to terminate an arrangement which can acquire permanence only if the employer is satisfied with the work and performance of the employee. That precisely is the attempt of the petitioner in the present case also, in which although the order terminates his services without any stigma, the petitioner claims that the benign facade of the order is no more than a thin veil meant to hide the real purpose of punishing the petitioner for the misconduct allegedly committed by him. The controversy arises in the following circumstances.--2. The petitioner was selected and appointed as Deputy Manager in the respondent-Government...
Siddappa and Others Vs. Managing Director, Karnataka State Forest Indu ...
Court: Karnataka
Decided on: Jul-09-1999
Reported in: ILR1999KAR3193; 1999(5)KarLJ647
ORDER1. Lack of promotional opportunities and resultant frustration of those in public service is not an unknown phenomenon. Rules providing for time-bound promotion of those who have spent years on the same post attempt to remedy the situation no matter partially. In the State of Karnataka, the grant of time-bound advancement was regulated by what are known as Karnataka Civil Services (Time-bound Advancement) Rules, 1983. Rule 3 of the said rules empowered the Appointing Authority to grant the specified selection time-scale of pay to any Government servant, who had put in a service of not less than 10 years in the post held by him and whose record of service was satisfactory provided he was otherwise qualified and eligible for promotion in accordance with the rules of recruitment applicable to him. These rules although applicable only to Government servants were adopted by the respondent-corporation for application to its employees. Consequently, the petitioners, who are serving as Ma...
G. Chandrasekhar Vs. Chairman and Managing Director, Indian Telephone ...
Court: Karnataka
Decided on: Jul-09-1999
Reported in: [2000(84)FLR382]; ILR1999KAR4468; 1999(5)KarLJ705; (2000)IILLJ1168Kant
ORDER1. In this petition for a writ of mandamus, the petitioner seeks a direction for payment of the amount of gratuity pending conclusion of the disciplinary enquiry initiated against him. Arrears of salary payable on account of the revision of pay scales have also been claimed. Time now to state a few facts:2. The petitioner-an officer in the respondent-company was placed under suspension by order dated 18th of July, 1995, pending a disciplinary enquiry into certain allegations made against him. A charge-sheet followed in due course to which the petitioner has filed a denial. Aggrieved by the order of suspension and the initiation of the proceedings, the petitioner filed Writ Petition No. 11160 of 1996, in this Court, inter alia on the ground that the respondent-company could not have continued with the enquiry proceedings after the petitioner's retirement on superannuation. Dattu, J., who disposed of the said petition did not find favour with the said contention and relying upon Rul...
V. Chickavenkatappa Vs. Chancellor, Mysore University, Bangalore and A ...
Court: Karnataka
Decided on: Jul-09-1999
Reported in: ILR1999KAR3934; 1999(5)KarLJ712
ORDER1. The petitioner was during the relevant period working as Director of Physical Education in the respondent-University. A disciplinary enquiry into certain charges of misconduct was initiated against him and entrusted to Sri Ko. Channabasappa, retired District and Sessions Judge. The enquiry eventually culminated in a report holding the charges to have been proved. A notice dated 20th of January, 1995 was then issued asking the petitioner to file a representation against the report. In response, the petitioner by a communication dated 27th of January, 1995 addressed to the Disciplinary Authority asked for a month's time to do so. In the meantime, be questioned the fairness of the enquiry as also the findings recorded in the same in W.P. No. 2936 of 1995, which wasdisposed of by Krishnamoorthy, J., by his order dated 3rd of February, 1995 with the observation that the petitioner was free to raise all the objections in regard to the enquiry report before the Disciplinary Authority....
Siddalinganagouda R. Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Jul-08-1999
Reported in: ILR1999KAR3454; 2000(3)KarLJ403
ORDER1. Both the above L.R.R.Ps. arc interconnected, inasmuch as both the petitioners in filing the revision petitions had challenged the common order dated 28-2-1990 in RA 712 of 1986 on the file of the District Land Reforms Appellate Authority, Bellary. In passing the said order, the Appellate Authority while rejecting the claims of the petitioners in both the revision petitions, had allowed the claims of the respondents 3 and 4 in both the revision petitions.2. I heard the learned Counsel for the petitioners in both the petitions - Sri V.T. Rayareddy and Sri Mahantesh Hosmath appearing along with Sri H.G. Maheshwaraswamy and the learned Counsel appearing for the caveat or respondent 6, Sri R.B. Guttal and the learned Counsel appearing for the respondents 7(a) to 7(h) Sri G. Basavanagouda in the first petition. The respondents 3 to 5 in the first petition having been served with the notices had remacross examined absent before Court. I have also perused the case records both of the A...
Employees' State Insurance Corporation, Bangalore Vs. Super Tailors, G ...
Court: Karnataka
Decided on: Jul-08-1999
Reported in: ILR1999KAR3497; 1999(5)KarLJ653; (2000)ILLJ451Kant
ORDER1. Heard.2. Super Tailors, the respondent herein is a partnership firm carrying on tailoring business since 1985. The Inspector of the Appellate Corporation who conducted the statutory inspection of the respondent-establishment found that it was employing 12 persons on wages and was using power for the purpose of running the sewing machines for stitching and also for ironing the clothes after stitching. The Inspector prepared a list of persons working in the premises during his visit indicating the names of the employees, designation, their salaries, etc. It was signed by one of the partners of the firm. Accordingly, the appellant passed an order holding that the establishment was covered under the purview of the Act w.e.f. 14-9-1993 and hence a Code No. 53-11705-19 was allotted to the respondent-firm. The respondent challenged the coverage of the establishment by filing an application under Section 75 of the ESI Act before the ESI Court, Hubli, in ESI Appln. No. 1 of 1994 for det...
Basavaraju Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Jul-08-1999
Reported in: 1999(6)KarLJ445
ORDER1. Petitioner claims that he was working as a daily wage employee from 1-7-1974 in the Gubbi Sub-Station, Public Works Department. As per the order of the Chief Engineer (C and B), Bangalore, dated 4-8-1984, the petitioner who was working as a Gangman in NMR, was absorbed on the monthly rated establishment on a consolidated pay of Rs. 300/-per month, with effect from 13-1-1984. A service register was opened in regard to the petitioner in the year 1984 after receiving the necessary particulars from the petitioner with an affidavit in regard to his date of birth. The date of birth was entered as 1-7-1941 in the service register. After completion of ten years of service, petitioner's services were regularised. The petitioner has retired on 30-6-1999 on the basis of the said date of birth entered in the service register.2. Petitioner gave an application on 4-1-1996 for altering the date of birth from 1-7-1941 to 18-9-1950 on the ground that in the School record his date of birth is en...
Dyavappa Gowda and Others Vs. District Registrar, Hassan District and ...
Court: Karnataka
Decided on: Jul-07-1999
Reported in: ILR2000KAR183; 2001(2)KarLJ502
V. Gopala Gowda, J.1. These two writ petitions are heard together as the subject-matter of the property in both the petitions is one and the same and the parties namely the petitioners and the contesting respondents in the petitions are same, hence both the petitions are being disposed of by this common judgment.2. The petitioners in the first Writ Petition i.e., No. 4026 of 1998 have challenged the impugned order passed by the first respondent vide Annexure-E, dated 31-10-1996 in No. RA 5:95-96 and registration of the document by respondent 2 dated 8-10-1996 vide Annexure-F urging various legal contentions. In the connected Writ Petition i.e. No. 31244 of 1997 the petitioners have challenged the order passed by the second and third respondents refusing to mutate the name of the first petitioner in respect of land bearing Sy. No. 7, 2nd Block of Kanadahally Village to an extent of 2 acres of land in the name of the first petitioner vide its order dated 27-12-1996. That order came to be...
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