Karnataka Court January 2005 Judgments
The President Cinema Workers Union Affiliated to Bharatiy Mazdoor Sang ...
Court: Karnataka
Decided on: Jan-28-2005
Reported in: [2005(105)FLR1191]; ILR2005KAR1889; 2005(3)KarLJ621; (2005)IIILLJ63Kant
ORDERMohan Shantanagoudar, J.1. The petitioner has sought for quashing the purported order of the 3rd respondent dated 22-1-2004 vide Annexure-'G' and also sought for a direction to respondents 1 to 3 to review and revise the minimum wages for Cinema workers as per the Minimum Wages Act, 1948 (the Act' for short),2. On perusal of the document at Annexure-'G', it cannot be said that it is an order passed by the Labour Minister. It is only an opinion expressed by the Labour Minister and consequently, the same cannot be termed as an order of the State Government, and therefore, the first relief as prayed for in the writ petition by the petitioner cannot be granted.3. In so far as the second relief as prayed for in the writ petition is concerned, the learned Counsel for the petitioner Smt. Sarojini Muthanna submitted that the Notification was issued in the month of July 1992 fixing the minimum wages and thereafter, no fresh Notification is issued by the State Government fixing the minimum ...
Tag this Judgment!Divisional Manager, the New India Assurance Co. Ltd. Vs. Ito
Court: Karnataka
Decided on: Jan-28-2005
Reported in: [2005]144TAXMAN921(Kar)
ORDER1. These writ petitions by the Insurance Company is for quashing the notice issued under section 226(3) of the Income Tax Act to the banker of the petitioner-company with which the accounts of the petitioner is maintained for the payment of amount notified in the demand notice in favour of the income-tax department.2. The notice is sought to be quashed on the premise that the amount mentioned in the notice is the subject-matter of appeal before the Income Tax Appellate Tribunal in an appeal pending before the Tribunal and that the Appellate Tribunal has declined to grant stay in favour of the petitioner in respect of the liability, the subject-matter of appeal during the pendency of the appeal, and even during the pendency of the appeal the respondent income-tax department has resorted to coercive recovery proceedings.3. Sri M.V. Javali, learned counsel for the petitioner, submits that the subject-matter of appeal before the Tribunal is the legality of levy of penalty on the petit...
Tag this Judgment!St. Marthas Hospital Vs. the Labour Inspector and Commissioner (Nation ...
Court: Karnataka
Decided on: Jan-25-2005
Reported in: [2005(106)FLR375]; ILR2005KAR1175; 2005(2)KarLJ400; (2005)IIILLJ228Kant
ORDERMohan Shantanagoudar, J. 1. By the impugned order, the 1st respondent has held that the workmen of the 2nd respondent/Association are entitled to double the wages if they worked on national and festival holidays.2. The records disclose that the 2nd respondent initiated proceedings before the 1st respondent by filing an application under the provisions of the Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963 (hereinafter referred to as 'the Act') claiming double the wages for working on national and festival holidays. In support of their case, the 2nd respondent relied upon Section 3, 5 and 7 of the Act.3. Learned Counsel for the petitioner submitted that Section 3 of the Act is not applicable to the hospitals by virtue of the notification dated 14.08.1963 bearing No. PLM 189 LLE 63. He submits that if it is held that Section 3 is not applicable to the hospitals, Section 5 of the Act also is not applicable to the hospitals.4. The aforesaid notification ...
Tag this Judgment!Jagannath H.S. Vs. Syndicate Bank
Court: Karnataka
Decided on: Jan-25-2005
Reported in: (2005)IILLJ1102Kant
ORDERN.K. Patil, J.1. In this petition, the petitioner is assailing the correctness of the proceedings of the Disciplinary Authority dated June 10, 2000 vide Annexure-E and the proceedings of the Appellate Authority, dated August 1, 2000 vide Annexure-G and to grant all consequential benefits including his reinstatement in service with full back wages, continuity of service and other service benefits.2. The petitioner joined the services of respondent- Syndicate Bank as a Clerk on May 15, 1972. Due to his hard work, dedication and devotion to duty, he got successive promotions first as officer in Junior Management Grade, Scale I with effect from October 4, 1977 and later as Manager in Middle Management Grade, Scale II with effect from May 1, 1984. The petitioner has an unblemished record of service except for a penalty imposed in the year 1999. When things stood thus, during the year 1998 the petitioner was issued a charge-sheet alleging that, the petitioner while working as Inspector ...
Tag this Judgment!State Through the Manager, Employees State Insurance Corporation Vs. K ...
Court: Karnataka
Decided on: Jan-24-2005
Reported in: [2005(105)FLR20]; ILR2005KAR875; 2005(2)KarLJ63; (2005)IILLJ675Kant
N.S. Veerabhadraiah, J.1. This appeal is by the Employees State Insurance Corporation assailing the judgment of acquittal of the accused for the offence punishable under Section 85(f)&(g) of the ESI Act in CC.No.2843/ 89 on the file of the I Addl. JMFC, Gulbarga, dated 29.9.1998.2. The brief facts of the case are as follows:The respondent M/S Kranthi Kannada Daily is carrying on with the business of printing and publishing of Kannada Daily News Papers represented by the first respondent Sri Kranthi Kumar and another his mother Mrs. M.S. Annapurna, the second respondent, at Gulbarga. The establishment is covered under the ESI Act with Code No. 53.3395.105. The ESI inspector issued notice to the respondent about his inspection of the establishment on 26.9.1988 and to produce the relevant records maintained before him. The ESI Inspector inspected the establishment on 26.9.1988 on which day the records were not produced wherein, a letter was submitted by one of the partners of the Kranthi ...
Tag this Judgment!Smt. Puttamani Vs. the Member Secretary, Central Silk Board and anr.
Court: Karnataka
Decided on: Jan-20-2005
Reported in: ILR2005KAR1272; 2005(2)KarLJ296
ORDERK. Sreedhar Rao, J.1. Objection statement filed.One Late Mallaiah, the husband of the Petitioner was the employee of the second Respondent. He died in service leaving behind the Petitioner and four sons and a daughter. The Petitioner made an application to the respondents for appointment to the 4th son on compassionate grounds. The respondents have communicated vide Annexure B dated 14.5.02 that the request for providing job on compassionate grounds is rejected. No reasons are stated for the rejection. The guidelines regarding appointment on compassionate ground at Annexure R1 is filed. It is the contention of the Respondent that the other three sons of the Petitioner are earning.Therefore, there is no need of financial assistance to the family. Hence, the request of the Petitioner should give job to her 4th son on compassionate grounds is rejected.2. The reason stated by the respondents is untenable. The guideline in clause (a) at Annexure R1 is as follows:-'(a) To a widow or son...
Tag this Judgment!Karnataka State Small Industries Development Corporation Limited Vs. P ...
Court: Karnataka
Decided on: Jan-19-2005
Reported in: ILR2005KAR774; 2005(2)KarLJ5
N.K. Sodhi, C.J.1. With a view to promote and develop small scale industries in the State of Karnataka, the Karnataka State Small Industries Development Corporation Limited (for short the Corporation) allots plots/industrial sheds to entrepreneurs under its different schemes on such terms and conditions as agreed to between the parties. Industrial shed No. 303(a) under the Hire Purchase Scheme in the Industrial Estate, Peenya IInd Stage, Bangalore was allotted by the Corporation to M/s. Priyanka Products a sole proprietorship concern of Y.M.Shetty, resident of 40 Hill Queen, Dr.Ambedkar Road, Khar, Mumbai (hereinafter referred to as the petitioner) for establishing an industry for the manufacture of Electroplating and Heat Treatment Salt. This allotment was made on the terms and conditions contained in the letter of intent dated 19.4.1983 and the lease cum sale agreement executed between the Corporation and the petitioner on 08.10.1983. Clauses 8 and 13 of the letter of intent provide ...
Tag this Judgment!Vivekanand V.P. Vs. the Commissioner, Bangalore Development Authority ...
Court: Karnataka
Decided on: Jan-19-2005
Reported in: ILR2005KAR5149; 2005(2)KarLJ195
ORDERR. Gururajan, J.1. The matter is taken up for final disposal with the consent of the learned Counsel.2. It is rather unfortunate that despite the Court telling the authorities not to pass cyclostyled orders, the same is being continued despite orders by this Court in various circumstances in various cases. This is one such case where B.D.A. has chosen to pass a cyclostyled order in the matter.3. According to the petitioner, he filed an application seeking for a site. Site No. 401, Jnana Bharathi Layout, Block No. II, Nagadevanahalli measuring 20' x 30' was allotted to him. Petitioner belongs to Adi Karnataka Community and belongs to Scheduled Castes Category. He was allotted the said site on priority basis on account of his community. Petitioner deposited Rs. 10,000/-, thereafter he sought for time to pay the remaining amount. Petitioner was issued a show-cause notice in terms of Annexure-C. Petitioner thereafter sent a D.D. of Rs. 27,550/- in terms of Annexure-D. Authorities retu...
Tag this Judgment!Habeeb Proteins and Fats Extracts Vs. the Commissioner of Commercial T ...
Court: Karnataka
Decided on: Jan-19-2005
Reported in: ILR2005KAR1804
ORDERH.L. Dattu, J.1. The appellant is a partnership firm and a dealer registered under the provisions of the Karnataka Sales Tax Act, 1957 (KST Act for short). It is engaged in the process of extracting solvent oil from oil cake and soyabean seeds. In the course of its business activity, the appellant has purchased, both from registered and unregistered dealers sunflower oil cake, groundnut oil cake and soyabean seeds and consumed in the production of de-oiled sunflower oil cake, groundnut oil cake etc., for sale. The purchases made from unregistered dealers, who are not liable to pay tax under the Act was to the tune of Rs. 81,39,300/- and Rs. 9,51,000/- respectively. The dealer had filed its annual returns in form-4 before the assessing authority claiming exemption on the purchase turnover of sunflower oil cake, groundnut oil cake and soyabean seeds from unregistered dealers, on the ground that the extraction of solvent oil out of oil cake and soyabean seeds does not amount to manuf...
Tag this Judgment!State of Karnataka Through Commissioner of Commercial Taxes Vs. Birla ...
Court: Karnataka
Decided on: Jan-19-2005
Reported in: ILR2005KAR4932; [2006]144STC16(Kar)
Dattu, J.1. The questions of law raised in these two appeals by the revenue is identical and therefore, these petitions were heard together and are being disposed of by this common order.2. The revenue is before this Court feeling aggrieved by the order passed by the Karnataka Appellate Tribunal, Bangalore, in appeal No. 496/1998 dated 23.12.1998 (STRP No. 64/1999) and appeal No. 303/1999 dated 10.12.1999 (STRP No. 57/2000). The Tribunal by the impugned orders has allowed the assesses's appeal by setting aside the order passed by the first appellate authority in confirming the order passed by the Assessing Authority for the relevant assessment year, wherein he had rejected the exemption claimed by the assessee on the works contract undertaken and executed for the Karnataka Electricity Board as the works contract coming under Entry 55 of Fifth Schedule and had levied tax as the works contract falling under Entry 11 of the Sixth Schedule to the Karnataka Sales Tax Act, 1957 (hereinafter ...
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