Karnataka Court December 2001 Judgments

The Divisional Controller, Karnataka State Road Transport Corporation, ...

Court: Karnataka

Reported in: 2002(2)KarLJ484

G.C. Bharuka, J.1. This intra-Court appeal has been preferred by the Karnataka State Road Transport Corporation. It is aggrieved by the order of the learned Single Judge who has directed for payment 50% back wages from the date of dismissal till the date of reinstatement, though considering the facts and circumstances of the case, the Labour Court had denied grant of back wages.2. It is not in dispute that the respondent was gainfully employed as a conductor in the establishment of the appellant-Corporation. On 10-11-1990, he was on duty in a bus bearing Registration No. KA 05/F-502, which was plying on Mangalore-Bangalore Route The bus was intercepted and checked by the Line Checking Squad. On being checked, it was found that despite collection of fare of Rs. 3.25A each from 12 passengers, the respondent had failed to issue tickets to them. The statements of the said passengers, who were travelling from Kushalnagar to Piriyapatna, were recorded. Based on the report of the checking ins...

Bangalore Metropolitan Transport Corporation, Bangalore Vs. Kadiregowd ...

Court: Karnataka

Reported in: [2002(93)FLR135]; ILR2002KAR606; 2002(3)KarLJ3

1. This intra-Court appeal is directed against the order dated .........25-10-1999 in W.P. Nos. 24024 and 32552 of 1999 passed by the learned Single Judge directing the appellant-Corporation to reinstate the respondent-driver into service with the benefit of continuity of service and consequential benefits including full back wages.2. The question involved before the Labour Court was as to whether the respondent had secured employment in the establishment of appellant-Corporation on the post of Driver by producing forged School Transfer Certificate claiming that on the date of appointment he had the requisite educational qualification of passing 6th Standard, which is one of essential qualifications for appointment to the post of driver under the Karnataka State Road Transport Corporation (Cadre and Recruitment) Regulations, which are statutory in nature.3. It is not in dispute that the respondent had applied for the post of driver in the establishment of the Karnataka State Road Trans...

Mangalore Ganesh Beedi Works Vs. Assistant Provident Fund Commissioner

Court: Karnataka

Reported in: (2002)IIILLJ132Kant

ORDERV. Gopala Gowda, J.1. The petitioner-registered firm has filed this writ petition seeking for issuance of a writ of certiorari to quash the order dated March 9, 2000 produced at Annexure 'B' passed by respondent No. 1 in the appeal No. ATGA/6(6)/2000 urging various legal contentions.2. The subject matter of dispute between the petitioner and the respondent-Provident Fund Commissioner is that provident fund contribution need not be paid taking into consideration the Special Allowance as agreed upon by the petitioner-management with its Mangalore Ganesh Beedi Workers Union andMangalore Ganesh Beedi Workers and Employees' Association. The settlement dated March 19, 1996 with regard to various conditions of the workmen and employees working in the petitioners' firm are entered by the petitioner and the trade unions of its workmen. Clause 5 of the said settlement deals with regard to Special Allowance agreed to be paid in favour of the employees and workmen by the petitioner employer; ...

K.S. Narayan and ors. Vs. the Air India Corporation, New Delhi and anr ...

Court: Karnataka

Reported in: 2002CriLJ1679; 2002(2)KarLJ167

ORDERR.V. Raveendran, J.1. This is a typical case of misuse of contempt proceedings. Brief reference to the facts of the case will be necessary.2. Complainants 1 to 3 claim that they were appointed on daily wages by the Commercial Manager of Air India Corporation on 1-6-1995, 15-9-1997 and 8-12-1996 respectively. They filed W.P. Nos. 289 to 291 of 2000 in January 2000 seeking direction to the respondents to absorb and regularise their services against the posts of Office Boy/Helper or other appropriate posts in the establishment of second respondent and extend them the benefit of regular scales of pay, increments, D.A., and other allowances, amenities and facilities on par with the regular employees doing the same or identical nature of work. In the petition, they did not refer to any scheme which provided for regularisation. Nor did they rely on any provision of law or legal principle, which enabled them to seek regularisation on an alleged service on daily wage basis for periods vary...

M.A. Muqtader Siddiqi and ors. Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: 2002(3)KarLJ7

1. The petitioners are the students. They had appeared for the entrance examination held by the Special Officer of the Common Entrance Test Cell (2nd respondent). Keeping in view their merit and rankings, the Special Officer, C.E.T., had allotted BDS seats in the respondents-col-leges for the academic year 2001-02. Since the said colleges were not honouring the allotment made by the Special Officer, C.E.T., the present set of writ petitions have been preferred for directing the respondents-colleges to accept the fees and permit them to attend the classes.2. Statement of objections has been filed by the Special Officer, C.E.T. and the 6th respondent-Dental College viz., HKDETs Dental College Hospital and Research Institute, Humnabad.3. We have heard the learned Counsels appearing for the parties.4. For the purpose of regulating admissions to professional courses like Engineering, Medical and Dental, the State Government under purported exercise of its powers under Section 14 of the Karn...

Anand and ors. Vs. the Visweshwaraya Technological University, Belgaum ...

Court: Karnataka

Reported in: 2002(3)KarLJ186

1. The petitioners are the students of Bangalore College of Engineering and Technology (in short 'B.E.T.') have filed these writ petitions seeking relief of writ of mandamus and other directions in various other forms. The pith and substance of the reliefs sought by each of the petitioners is for a mandamus and a similar direction against the Registrar, Visweshwaraya Technological University, Special Officer, C.E.T. and the State Government for providing them a seat in any of the approved colleges and in some of the petitions, the petitioners alternatively claim that the rejection of approval by the A.I.C.T.E. for the Engineering Degree Course in Telecommunication and Instrumentation Technology as illegal and sought for a direction that the two courses have to be approved and some of the writ petitioners have sought for damages for the mental agony and the inconvenience caused to them by the action of the respondents and some of them have sought for the general reliefs apart from the s...

Somalingappa Shiva Putrappa Mugabasav Vs. Shree Renuka Sugars Ltd.

Court: Karnataka

Reported in: [2002]110CompCas371(Kar)

N. Kumar, J.1. The petitioner has challenged in this revision petition the order of the Appellate Court dated 19-4-2001, in M.A. No. 13 of 2001 allowing the appeal and setting aside the order of temporary injunction granted by the trial court.2. The plaintiff has filed a suit for a declaration that the fifth annual report of the company intimating the fifth annual general body meeting on 30-12-2000, be declared as illegal, null and void and not binding upon the plaintiff and for a decree of permanent injunction restraining the defendant from conducting the fifth annual general meeting on 30-12-2000, in pursuance of the meeting notice received by the plaintiff on 19-12-2000. The plaintiff contends that he is one of the shareholders of the defendant-company. The defendant had got created the resolution of the meeting alleged to have been held on 4-9-1999, by stating that Sri S.B. Sidnal is removed from the directorship. The said resolution is illegal, arbitrary and a created one. The def...

Thimmaiah and anr. Vs. the Special Deputy Commissioner, and ors.

Court: Karnataka

This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order by the Deputy Commissioner, Urban Land Ceiling Act and competent Authority, Mysore District, Mysore, 16.4.1984 vide Annexure-F and the Notification dt 31.1.1985 by the Special Deputy Commissioner, Urban Land. Ceiling Act and Competent Authority, Mysore vides Annexure-S. This writ Petition coming on for hearing this day, the court made the following:-ORDER1. None appears for the petitioners. When the matter has reached for hearing, there is absolutely no representation on the side of the petitioners. Learned Government Pleader for the respondents who is present in the court has submitted that in view of Sec. 4 of the Repeal Act, 1999, all proceedings relating to any order made or proposed to be made under the Principal Act, stands abated.2. I find that there is considerable force in the submission made by the learned Government Pleader. The Urban Land Ceiling and Regul...

D.B. Masur Vs. the Karnatak University, Dharwad and ors.

Court: Karnataka

Reported in: ILR2002KAR292; 2002(2)KarLJ473

J.K. Jain, C.J.1. These writ appeals have been filed against the order of the learned Single Judge dated 21-9-2001 passed in Writ Petition No. 9865 of 2001 (M.K. Hegde Constructions Private Limited, Dharwad v. The Karnatak University, Dharwad and Ors., 2002(2) Kar. L.J. 581), whereby the writ petition was allowed and a direction was issued to consider the case of the petitioner therein, in accordance with law.2. The facts which are necessary for disposal of this case are, that in order to commemorate the Golden Jubilee of the Karnataka University, Dharwad, the 1st respondent issued a notification dated 24-11-2000, inviting pre-qualification tenders and in response to that 15 contractors including D.B. Masur and M.K. Hegde Constructions Private Limited submitted the pre-qualification tenders. Out of them 10 tenderers were found qualified. The third respondent issued a communication dated 12-2-2001 (Annexure-D) calling upon the interested contractors desirous of taking part in the above ...

Venugopal Vs. Abdul Karim and anr.

Court: Karnataka

Reported in: ILR2002KAR2519; 2002(3)KarLJ541

ORDERK. Sreedhar Rao, J.1. Both these cases are taken up together as bear same facts and law.2. The first respondent has given a statement to the press which appeared in Asian Age Daily newspaper on 20-12-2001. The following is the text of the paper report.'Karim Complains against Tarty for TADA Judge ... To Move Top Court Against Freeing Detenues. By our special correspondent:Bangalore October 19: Abdul Karim, father of slain STF Officer M. Shakeel Ahmed who was murdered by the Veerappan gang, has sought a judicial inquiry into the thanks giving function allegedly organised by Counsel of the TADA accused, for Special Judge D. Krishnappa. Mr. Karim has filed a complaint with the Chief Justice of the High Court on the issue.When contacted by the Asian Age, Mr. Karim claimed 'Justice Krishnappa has flouted all norms by taking part in a thanks giving function organised by Counsel for the accused'.According to the complaint, the Judge had personally met the acquitted TADA accused after the...