Karnataka Court January 2001 Judgments
Employees' State Insurance Corporation Vs. Karnataka Agro Industries C ...
Court: Karnataka
Decided on: Jan-31-2001
Reported in: [2002(94)FLR659]; (2001)IILLJ930Kant
Chidananda Ullal, J. 1. This miscellaneous first appeal is filed by the Employees' State Insurance Corporation to challenge the order dated December 31, 1996, passed in ESI Application No. 11 of 1991. 2. The appellant-Corporation is represented by learned counsel Sri Narasimha Holla. The respondent-establishment is represented by Sri B. Palakshaiah. Learned counsel for the appellant- Corporation had taken me through the history of the litigation between the parties, and further the orders impugned in the instant appeal. 3. At the outset, he submitted that in ESI Application No. 16 of 1978 filed by the respondent-establishment as against the appellant-Corporation, the E.I. Court had directed the ESI Corporation to pass a fresh order under Section 45-A based on the actual wages paid with reference to the actual number of workers in the establishment of the respondent while upholding the coverage of the Act in respect of the respondent establishment, and that the period of contribution fo...
Tag this Judgment!Belaire Refrigeration Services Vs. Additional Commissioner of Commerci ...
Court: Karnataka
Decided on: Jan-31-2001
Reported in: [2001]123STC463(Kar)
M.F. Saldanha, J.1. We have heard the learned counsel who represents the appellants as also the learned Government Advocate who represents the respondents on merits. It is not really necessary for us to elaborately set out the background to the present dispute that has given raise to this appeal beyond stating that the controversy narrows down to the question of classification in so far as the contention of the appellants is that the item in question namely, 'mafron' gas which has ultimately been classified under the head of 'industrial gas' under entry No. 121 has wrongly been done. In the course of the submissions and on an examination of the material produced before us, what emerges is that there can be no dispute about the correctness of the contentions advanced by the appellants' learned counsel to the effect that the gas in question with which we are here concerned, namely, 'mafron' which is also' known in the trade as 'freon gas' is used as a refrigerant. In other words, this ga...
Tag this Judgment!United India Insurance Company Limited, Bhadravathi Vs. Jhonsa and ors ...
Court: Karnataka
Decided on: Jan-30-2001
Reported in: 2001ACJ1682; 2001(6)KarLJ379
The Court1. These two appeals are directed against two independent orders dated 8-7-1997 passed by the Workmen's Compensation Commissioner, Shimoga, henceforth in brief referred to as the 'WCC'. When the first appeal herein is directed against the order in case No. WCA:FC:CR:16/93 the second appeal is directed against the order in case No. WCA:FC:CR: 14/93. Both the appeals have been filed by the Insurance Company.2. The appellant-Insurance Company in both the appeals are represented by the learned Counsel Sri B.C. Seetharama Rao, whereas the contesting respondents-claimants are represented by the learned Counsel Sri S.V. Prakash.3. The facts as I see are similarly placed. That one Ansar and Nazeer, both full-blood brothers, died at about 9.30 p.m. on 21-12-1992 in a road accident near petrol bunk situated at C.N. Road, Bhadravathi when they were changing the wheel of the tractor and that they were claimed to be the workers under their father, one Rasool Sab, son of Buden Sab. It was t...
Tag this Judgment!State of Karnataka and ors. Vs. Falcon Tyres Ltd.
Court: Karnataka
Decided on: Jan-30-2001
Reported in: ILR2001KAR3141; [2001]122STC635(Kar)
ORDERM.F. Saldanha, J. 1. This petition raises an issue which revolves around the short question as to whether rubber or for that matter latex can be construed as an agricultural produce which is exempted from tax under the provisions of the Karnataka Tax on Entry of Goods Act, 1979. There is no dispute about the fact that the respondents' company use this product for manufacturing purposes and the controversy that was generated at the earlier stages of the litigation centred round a question as to whether this item should be exempted from tax or not. The principal reason for this is because in Section 2 of the Act which contains the definition the term 'agricultural produce or horticultural produce' has been defined as follows :'Agricultural produce or horticultural produce shall not include tea, coffee, rubber, cashew, cardamom, pepper and cotton ; and such produce as has been subjected to any physical, chemical or other process for being made fit for consumption, save mere cleaning,...
Tag this Judgment!My Dream Bar and Restaurant Vs. Deputy Regional Director, E.S.i. Corpo ...
Court: Karnataka
Decided on: Jan-29-2001
Reported in: (2001)IILLJ1461Kant
Chidananda Ullal, J.1. This appeal is filed by the appellant-Establishment to challenge the order dated February 13, 1997 in E.S.I. Application No. 41/92 passed by the E.I. Court, Bangalore. In passing the said order, the E.I. Court while allowing the said application filed by the appellant-applicant-Establishment held that the respondent-Corporation was entitled to recover the E.S.I. contribution of Rs. 13,719.00 as against the original contribution of Rs. 18,417.00 demanded for the period from June, 1990 to March, 1992 in respect of certain number of workers and further in respect of two other workers by name, Sri Bhaskar (for the period from March, 1991 to May, 1992) and yet another worker by name, Sri Pandian (for the month of May, 1992).2. The appellant-Establishment herein is represented by the learned counsel, Sri S.V. Shastry, whereas the respondent-Corporation is represented by the learned counsel, Smt. M.P. Geethadevi.3. The learned counsel for the appellant-Establishment, Sr...
Tag this Judgment!Management of Kanoria Industries Ltd. Vs. Bagalkot Cement Company Work ...
Court: Karnataka
Decided on: Jan-25-2001
Reported in: [2001(89)FLR71]; ILR2001KAR890; (2001)ILLJ1565Kant
V.P. Mohan Kumar, J. 1. The short question that arises for consideration is, at what stage interim relief can be awarded to a dismissed employee while a labour dispute is pending adjudication before the Labour Court/Industrial Tribunal as the case may be. The following observation made by this Court in T. T. Ltd., v. R. Subramanian and Anr. 77 FJR 153 is the foundation for the said contention:'The management contended before the Tribunal that the ratio of the decision in Mysore Cements' case, 1985 (67) FJR 136 was that the Labour Court had the jurisdiction to grant interim relief only from or after the date on which the domestic inquiry was held to be invalid. The learned Judge rejected this contention holding that that was not the ratio in Mysore Cements' case, (supra). We are in respectful agreement with the view taken by the learned Judge. In the Mysore Cements' case (supra), this Court held that when an application for interim relief is made by a workman during the pendency of an i...
Tag this Judgment!S. Ramaswamy and anr. Vs. Somashekar
Court: Karnataka
Decided on: Jan-24-2001
Reported in: 2002ACJ849
T.N. Vallinayagam, J.1. The appellant is aggrieved by the quantum of compensation granted to the respondent who was injured. He suffered only one injury in the accident that occurred on 8.12.1996 between a Bajaj Kawasaki motor bike which dashed against another Bajaj Kawasaki motor bike in which one of the respondent was a pillion rider. The finding of negligence has not been challenged and the same is confirmed. We are concerned only with the quantum. A fabulous compensation was granted at more than Rs. 1,60,318 which is the subject-matter of the appeal and the same is questioned as enormous and unrelated to the injury caused. It is submitted that the Tribunal is more liberal than Lord Kama to grant such a huge sum for a simple injury and no ruling is followed. The Tribunal has made no comparison. Of course, the learned Counsel for the respondent submits that in cases where there has been a fracture of leg even a sum of Rs. 1,00,000 or more than Rs. 2,00,000 can be granted.2. Learned c...
Tag this Judgment!Employees' State Insurance Corporation, Bangalore Vs. the Mysore Lamp ...
Court: Karnataka
Decided on: Jan-23-2001
Reported in: [2001(91)FLR511]; ILR2001KAR4116; 2001(4)KarLJ360; (2001)IILLJ965Kant
1. This appeal is directed against the order of the Employees' State Insurance Court in Employees' State Insurance Application No. 106 of 1990 disposed of on 6-5-1998.2. In brief the facts that led to the filing of this appeal are as under:The applicant is Mysore Lamp Works Limited which is a State Government undertaking engaged in the manufacturing of electrical lamps employing about 1,500 employees covered under the Employees' State Insurance Act ('the Act' for short). The respondent is the applicant before the Employees' State Insurance Court. The contribution period applicable to the employees of the respondent was from 1-4-1988 to 30-9-1988. It is also an admitted fact that the respondent-Company deducted contributions from the employees for the period 1-4-1988 to 30-6-1988 on the ground that at the relevant point of time they fell under the definition of employee by virtue of drawing less than Rs. 1,600/- per month as wages. The contention of the applicant before the Corporation ...
Tag this Judgment!Hotel Ayodhya and ors. Vs. Hubli-dharwad Municipal Corporation, Hubli
Court: Karnataka
Decided on: Jan-23-2001
Reported in: AIR2001Kant359
Hari Nath Tilhari, J. 1. These petitions involve a common question of law as to the interpretation of provisions of the Karnataka Municipal Corporation Act, 1976 and similar reliefs have been claimed by petitioners in all these writ petitions. As such, these petitions are being hereby disposed of by a common judgment. 2. I have heard Sri Dinesh Kulkarni holding brief for Sri F. V. Patil, learned counsel for the petitioners and Sri H. N. Shashidhar on behalf of the respondent-Hubli-Dharwad Municipal Corporation, Hubli. The petitioners in these petitions have sought the following reliefs :-- (a) Declare that the enhancement of DOT licence fee and Hotel licence fee by the Corporation on the basis of annual rateable value of the building is wholly illegal, arbitrary and the same is confiscatory in nature and violative of Article 14 of the Constitution of India and accordingly it is liable to be struck down; (b) Issue a writ of certiorari quashing the impugned resolution vide Annexure-A pa...
Tag this Judgment!Duvent Fans (P) Ltd. Vs. E.S.i. Corporation
Court: Karnataka
Decided on: Jan-23-2001
Reported in: [2001(90)FLR939]; (2001)IILLJ581Kant
Manjula Chellur, J.1. This appeal is directed against the orders of E.I. Court in Application No. 41/1987 before the Employees Insurance Court at Bangalore.2. The facts that led to the filing of this appeal in brief are as under:The appellant herein is a private limited Company engaged in designing, installation of air pollution control, humidification and ventilation system. It has registered office at Bangalore with branches at different places outside Karnataka and independent units at Madras, Coimbatore, Bombay, Delhi and Calcutta. According to the appellant-applicant the branches mentioned supra are independent units having their employees. Office at Bangalore do not have control over these units. Therefore, the employees in these branches that too outside Karnataka cannot be considered as part of the Bangalore unit. The appellant got a notice from the respondent informing that it is coverable as per the Notification issued under Section 1(5) of the Employees State Insurance Act (...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- Next ›
- Last »