Karnataka Court January 2005 Judgments
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H.P. Lakshminarayana Vs. Karnataka Forest Development Corporation Limi ...
Court: Karnataka
Decided on: Jan-07-2005
Reported in: ILR2005KAR565; 2005(2)KarLJ73
ORDERK. Sreedhar Rao, J.1. The petitioner is working as Assistant Divisional Manager in the first Respondent-Corporation and has put in 9 years of service in the present cadre. The next promotional post is Divisional Manager/Project Officer. According to recruitment rules of the first Respondent, the promotional post of Divisional Manager/Project Officer could be filled up by the deputation from the post of Deputy Conservator of Forest from the Forest Department or by promotion from the cadre of Assistant Divisional Manager, who have put in minimum of 7 years of service. At present there are 7 Divisional Manager posts in the 7 divisions of the first Respondent and all the 7 posts are filled up by the deputation.2. It is the grievance of the petitioner that the eligible Assistant Divisional Managers, who are in service of the first Respondent, are not being considered to the post of Divisional Manager. Therefore, seeks a direction to repatriate all deputationists and to fill up 7 posts ...
institute of Hotel Management, Catering Technology and Applied Nutriti ...
Court: Karnataka
Decided on: Jan-07-2005
Reported in: [2005(105)FLR1129]; 2005(2)KarLJ114; (2005)IILLJ1093Kant
ORDERS.R. Nayak, J.1. The institute of Hotel Management, Catering Technology and Applied Nutrition (Karnataka) Society and its authorities have preferred this writ petition under Articles 226 and 227 of the Constitution of India questioning the correctness of the order of the Central Administrative Tribunal, Bangalore Bench, Bangalore (for short, 'the Tribunal') dated 19th October, 2001 passed in T.A. No. 104 of 2000 allowing the application filed by the respondent herein and quashing the impugned order dated 6-9-1989 and directing payment of salary to the respondent from 6-9-1989 till the date on which the applicant attained the age of superannuation.2. The 1st petitioner is a society registered under the Karnataka Societies Registration Act, 1960 and came into existence with effect from 25-1-1984. Earlier, the 1st petitioner-society was known as Food Craft Institute (Mysore) Society. The name of the society was subsequently changed as Institute of Hotel Management, Catering Technolog...
Krishnamurthy Vs. Deepak and ors.
Court: Karnataka
Decided on: Jan-07-2005
Reported in: ILR2005KAR1202; 2005(3)KarLJ420
B.S. Patil, J. 1. This appeal is directed against the Judgment and Decree dated 16.06.2000 passed in O.S. No. 62/1996. The defendant No. 1 who is aggrieved by the allotment of share made by the impugned Judgment is assailing the same urging several grounds.2. For the sake of convenience, the parties will be referred to by their ranks obtained in the Court below. Few facts, which are essential for the purpose of disposal of this appeal may be set out as under:The plaintiff who are the wife and two minor children of defendant No. 1 filed the suit for partition and separate possession of their 1/8th share in 'B' schedule property and 3/4th share in 'C' schedule property. Though the other defendants were arrayed as parties in the suit, the grievance with regard to other defendants was limited only in respect of 'B' schedule property. The Court below has decreed the suit allotting 3/4th share from out of 13/120th share in so far as 'B' schedule property is concerned. There is no grievance a...
State of Karnataka and anr. Vs. M.R. Shankar and anr.
Court: Karnataka
Decided on: Jan-07-2005
Reported in: ILR2005KAR1238; 2005(2)KarLJ188
S.R. Nayak, J.1. We are at a loss to understand why the appellants have come up with this writ appeal against a just order passed by the learned Single Judge. The few facts germane to the decision making are:The 1st respondent having served as a Manager in the establishment of the 2nd respondent-Institute retired from service on attaining the age of superannuation on 18-12-1994. He served the Institute as Manager for the period from 28-10-1973 to 18-12-1994. After retirement, he made a representation to the Director, Directorate of Kannada and Culture-2nd appellant herein for extending pension and pensionary benefits to him in terms of Grant-in-Aid Code. His request was turned down by the 2nd appellant vide Endorsement dated 17-3-1999 marked as Annexure-D. Being aggrieved by the refusal of the 2nd appellant to consider his request, the 1st respondent filed Writ Petition No. 34512 of 1999 seeking quashing of Annexure-D and for a direction to the appellants herein to pay the retrial bene...
Sunil Kumar Thakur and ors. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jan-07-2005
Reported in: 2005(2)KarLJ306
ORDERR. Gururajan, J.1. All these petitions are filed by the students of engineering/medical/dental courses conducted by the University in Karnataka.2. All these petitioners are before me aggrieved by the show-cause notice dated. 5-11-2003 issued to each one of the petitioners, in the matter of enquiry into abnormally high marks scored by non-Karnataka candidates in CET 2003 and also the subsequent report of the Enquiry Officer dated 20-12-2003 and the Government Order dated 2-4-2004 passed against these students. The facts and circumstances raised by the petitioners are almost same or similar excepting some variance in some of the petitions. Hence a common order is passed.3. W.P. Nos. 23312 to 23314 of 2004 is taken as a leading petition for deciding these petitions.4. Petitioners in these petitions are studying in various professional courses in different professional colleges conducted by the University in the Karnataka State. Petitioners are natives of Bihar, Jharkhand and Uttarpra...
Sri Srinivas Vs. the State of Karnataka by Its Commissioner and Secret ...
Court: Karnataka
Decided on: Jan-07-2005
Reported in: ILR2005KAR2606; 2005(4)KarLJ435
ORDERN. Kumar, J.1. The petitioner joined services of the second respondent-Karnataka Electricity Board as Junior Assistant in its O & M Division, Hubli, in the year 1977. The qualification prescribed for the said post was pass in S.S.L.C. However, he was studying B.A. in Music. In the year 1979, he passed Bachelor of Music final examination and he was awarded a degree in Bachelor of Arts/Music, by the Karnataka University, Dharwad, as per Annexure-A.2. The second respondent-Board has formulated a scheme in the year 1975 under which employees who acquire additional qualifications while in service are entitled to draw four additional increments, a copy of which is produced as Annexure-B. In terms of the aforesaid order, the petitioner made an application to the second respondent for grant of additional increments as per the scheme available as per Annexure-D. The second respondent recommended the case of the petitioner Annexure-F. However, the petitioner was served with a communication ...
The Chief Secretary, Government of Karnataka and anr. Vs. P. Seetharam ...
Court: Karnataka
Decided on: Jan-06-2005
Reported in: ILR2005KAR1046; 2005(2)KarLJ273
ORDERS.R. Nayak, J. 1. The Government of Karnataka being aggrieved by the order of the Karnataka Administrative Tribunal, Bangalore (for short 'the Tribunal') dated 27.04.2001 passed in application No. 2273 of 2000, has preferred this Writ Petition under Articles 226 and 227 of the Constitution of India.2. The above application was filed by the respondent herein, seeking quashing of Annexure 'J' bearing No. FCS 146, whereby and whereunder, his request for reimbursement of the expenses incurred by him, having undergone Angioplasty and for a direction to the State Government to reimburse that medical expenses with interest, was refused. The application was opposed by the State Government. However, the Tribunal allowed the application and directed the State Government to reimburse the expenses incurred by the respondent by passing appropriate order within a period of 30 days from the date of receipt of the order. Hence this Writ Petition by the aggrieved Government of Karnataka and its Au...
islamiya Education Trust and anr. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jan-06-2005
Reported in: ILR2005KAR1859; 2005(2)KarLJ198
ORDERR. Gururajan, J.1. Petitioner is an Education Trust established in 1992. It provides educational facilities for the needy students in Hyderabad-Karnataka Area. Second petitioner is established by the first petitioner and is engaged in running an institution for B.Ed. Course. Petitioner refers to the famous T.M.A. Pai's case and that he says that it is a minority institution and hence it has to have the concessions granted to minority institutions in terms of Article 30 of the Constitution.2. Petitioner was told that for the academic year 2003-04 the college is to make admission to 50 seats and 50 seats would be filled by the Government by the centralised agency. No steps were taken to fill the seats for the reasons best known to the authorities. Petitioner made repeated requests to the respondents in terms of Annexure-D series to fill the seats. In the absence of any response petitioner proceeded to make the admissions out of its wait listed candidates in respect of the unfilled G...
Yuken (India) Ltd. Vs. the Bangalore East Industrial Worker's Union an ...
Court: Karnataka
Decided on: Jan-05-2005
Reported in: [2005(105)FLR405]; ILR2005KAR445; 2005(2)KarLJ150; (2005)IILLJ342Kant
N.K. Sodhi, C.J.1. The appellant before us is engaged in the manufacture of oil hydraulic equipments at its factory at White field and claims to be employing more than 200 workmen including officers, supervisors, etc. It is an industrial establishment covered by the provisions of Industrial Employment (Standing Orders) Act, 1946 (for short 'the Act') and has its own standing orders which were certified in the year 1979. The workmen through their union applied to the Certifying Officer for some modifications in the standing orders and accordingly filed an application under Sub-section (2) of Section 10 of the Act. Amongst others, they sought amendment to the clauses defining 'probationer' and 'casual employee' and also sought enhancement in the age of retirement. Clauses 4 (1) and 4(2) of the standing orders provide for 9 months of probationary period subject to a further extension of 3 months to the satisfaction of the company. The workmen wanted this period to be reduced to 6 months s...
Atul Engineering Udyog Vs. Kudremukh Iron Ore Company Limited
Court: Karnataka
Decided on: Jan-05-2005
Reported in: ILR2005KAR1039; 2005(2)KarLJ12
N.K. Sodhi, C.J.1. Kudremukh Iron Ore Company Limited (for short, 'the Company') is a Government of India enterprise and is engaged in the business of mining and processing of iron ore. High chrome cast steel grinding balls are used by the Company for the purpose of grinding iron ore and these are put in a cylindrical drum (ball mill) along with pre-ground iron ore and with the rotation of the ball mill the iron ore gets ground to the desired fitness. These balls are made of iron alloyed with chromium and other elements. The balls of specified quality and hardness wear out slowly resulting in lower cost for grinding and better output. High chrome cast steel grinding balls is a critical item for the operations of the Company at its concentrator plant and it requires these balls in large quantities. The quality of the grinding balls used has an impact on the quality of production and output. The Company has large export commitments and if supplies are not adhered to as per the delivery t...
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