Karnataka Court June 2016 Judgments
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K. Mallikarjuna Vs. Karnataka Food and Civil Supplies Corporation Limi ...
Court: Karnataka
Decided on: Jun-14-2016
(Prayer: This W.P. is filed under Articles 226 and 227 of Constitution of India praying to set aside the order dt. 21.11.2009 in Ref. No. 38/2007 on the file of the Principal Labour Court, Bangalore (vide Annx-N) and holding that the disciplinary enquiry conducted in the above case is not Fair and Lawful and to set aside the award dt: 9.11.2011 in Ref. No. 38/2007 on the file of the Principal Labour Court, Bangalore (vide Annx-T) in so far as it relates to denial of back wages to the Petitioner and award back wages to the petitioner.) 1. This petition is filed by the workman challenging the award passed by the Labour Court, Bangalore in Ref. No. 38/07. 2. Briefly stated the facts are: - The petitioner joined the respondent organization as Senior Assistant on 20.04.1985. It transpires that on 7.8.1998, the District Manager of Mandya visited the wholesale godown which was under the control of the workman/petitioner and conducted inspection. During the course of inspection, it was noticed...
Naveed Ahmed Vs. Karnataka Bank Ltd. A Banking Company Incorporated Un ...
Court: Karnataka
Decided on: Jun-14-2016
(This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dtd. 11.2.2016 passed by the learned Debt Recovery Tribunal, Bangalore, in OA No. 1823/2014 vide Ann-B and etc.) The first respondent/Bank initiated proceedings against the petitioner and the second respondent before the Debt Recovery Tribunal, Bengaluru, (for short 'Tribunal'), in OA No. 1823/2014 under Section 19 of the Recovery of Debts due to Banks and Financial Institutions Act 1993, for recovery of its dues. Since the petitioner did not file the reply, the Tribunal by order dated 11.2.2016, allowed the OA under Order 8 Rule 10 of the Code of Civil Procedure (for short 'CPC') r/w. Rule 12 of the Debt Recovery Tribunal (Procedures) Rules, 1993, (for short 'the Rules'). The petitioner has called in question the legality and correctness of the said order in this writ petition. 2. Learned Counsel for the petitioner submits that due to certain unavoidable circumstances, the ...
The New India Assurance Company Limited Vs. Maruti and Another
Court: Karnataka Dharwad
Decided on: Jun-14-2016
(Prayer: This MFA is filed u/Sec. 30(1) of the Workmen's Compensation Act, 1923 against the Judgment and Order dated 19.01.2011 passed in KAPAKA/SR-42/2010 on the file of the Labour Officer and Commissioner for Workmen's Compensation, Sub-Division-I, Belgaum, awarding compensation of Rs.1,69,394-00 with interest at the rate of 7.5% p.a. from 15.04.2010 till 19.01.2011 and with interest at the rate of 12% p.a. from 19.01.2011 till its deposit.) 1. This appeal is listed for admission and at the request of the learned counsel appearing on behalf of the parties, it is taken up for final disposal. 2. The parties are referred to by their nomenclature before the Commissioner for Workmen's Compensation. 3. The brief facts of the case are that the claimant has made a claim for compensation in respect of a calamity that occurred way back in 2009. The claimant, who is the 1st respondent herein has preferred a petition under Section 22 of the Workmen's Compensation Act [henceforth referred to as "...
Director, Watershed Development Programme, Bangalore and Others Vs. R. ...
Court: Karnataka
Decided on: Jun-14-2016
S. Sujatha, J. 1. The petitioners are before this Court challenging the orders dated 22.6.2012 and 23.8.2012 passed by the Minimum Wages Enquiry Authority [the 'Authority', for short], whereby the Authority has directed the first petitioner to pay the difference of wages in a sum of Rs. 1,19,515.68/- for the six workmen who were denied the minimum wages as prescribed under the Minimum Wages Act, 1948 [the Act', for short]. This is the second round of litigation before this Court. The respondents 1 to 10 filed an application under the provisions of the Act contending that they are paid less wages and Dearness Allowance for the period 1.4.1996 to 31.3.2000. The petitioners herein filed statement of objections denying the allegations made by the respondents contending that the respondents have not been appointed by them. The Authority allowed the application considering the rival submissions of the parties, against which the petitioners filed Writ Petition No. 4098/2006. This Court was pl...
Asif Pasha and Another Vs. The Commissioner, Mysore City Corporation
Court: Karnataka
Decided on: Jun-14-2016
(Prayer: Writ Petitions are filed under Art.226/227 of the Constitution praying to direct the respondent to prepare a plan for street vending, to promote the vocation of street vendors and to take steps to appoint town vending committee in order to relocate or evict the street vendors as per the street vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 and etc. and also to direct the respondents not to evict the petitioners from the place of their business at backside of Tempo Stand near Gandhi Square, Mysore, etc.) 1. Both these writ petitions are disposed of by this common order. 2. Petitioners in these two writ petitions are up against the Mysore City Corporation claiming that they are street vendors carrying on the business in the small temporary constructions or sheds raised by them at public places and the authorities of the respondent Mysore City Corporation off and on evict them from their respective places, where they are carrying on their business on...
M/s. Karnataka Power Transmission Corporation Limited Vs. S. Harisha a ...
Court: Karnataka
Decided on: Jun-14-2016
S. Sujatha, J. 1. Since identical issues are involved in these matters, all these cases are clubbed, heard together and disposed of by this common order. 2. Petitioner is an undertaking of Government of Karnataka engaged in power distribution. The Petitioner Company has established various 66/1, KV MUSS Stations in different parts of Mysore. The respondents claiming to be the workmen of the petitioner Company, filed claim statements in the reference made by the Government of Karnataka for adjudication of the dispute of refusal to give work to the workmen. It was inter alia contended that they have joined the services of the petitioner as operators. Though they have rendered unblemished record of service to the petitioner for more than 240 days, the petitioner without following the procedure prescribed under Section 25F of the Industrial Disputes Act, 1947 (the Act for short) refused to give work to the respondents. Accordingly, they sought for reinstatement with back-wages. Petitioner ...
M/s. Sunvik Steels Pvt.Ltd. Vs. Union of India Represented by the Secr ...
Court: Karnataka
Decided on: Jun-14-2016
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the final order bearing No.564/2010 dated 30.11.2010 vide Annexure-A passed by the Revision Authority (Central Government) appointed under mines and minerals (Development and Regulation Act, 1957 and Etc.,) 1. Although the matter is listed for orders, by consent of the learned advocates appearing for the parties, we take up the writ petition for hearing. 2. This is a writ petition, at the instance of an unsuccessful revisionist, that is, Sunvik Steels Private Limited, challenging the order of the revisional authority under the Mines and Minerals (Development and Regulation) Act, 1957 ( the said Act for short), dated November 30, 2010. 3. On July 20, 2004, the State Government issued a notification under Rule 59 of the Mineral Concession Rules, 1960, calling for applications from the general public for grant of mining lease. 4. The respondent No.4 applied for mining lease on Sep...
Mr Naveed Ahmed Vs. Karnataka Bank Ltd
Court: Karnataka
Decided on: Jun-14-2016
1 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE14H DAY OF JUNE, 2016 BEFORE THE HON'BLE MR. JUSTICE S ABDUL NAZEER WRIT PETITION NO.18282 OF2016(GM-DRT) Between: Mr. Naveed Ahmed S/o. S.H. Abdul Rehaman Aged about 62 years Residing at SVT Road Koppa 577 126 Chikamagalur District. ... Petitioner (By Sri.Abdul Razak, Adv.) And:1. Karnataka Bank Ltd. A Banking Company Incorporated Under Indian Companies Act, 1913 Having its registered and Head Office at Kankanady, Mahaveera Circle Mangalore 575 002 and one of its Branches called as Koppa Branch Situated at Ganesh Complex Main road Koppa 577 126, Koppa Taluk Chikmagalur District Represented herein by one of its Principal Officer 2 The manager of the Koppa Branch namely Sri.J.R.Nagabhushana Rao Aged 55 years S/o. Sri.Ramachandra Rao. S/o. Sri.Shankara Bhatt Aged about 67 years R/o. Marithotlu village Andagar Post, Koppa Taluk-577 126.2. Mr.A.S. Venkatesh (By Sri.S.R.Harish Kumar, Adv., for R1, Notice to R2 is dispensed with v...
k.mallikarjuna Vs. Karnataka Food and Civil Supplies
Court: Karnataka
Decided on: Jun-14-2016
IN THE HIGH COURT OF KARNATAKA AT R BENGALURU DATED THIS THE14H DAY OF JUNE, 2016 BEFORE THE HONBLE MRS JUSTICE S SUJATHA Writ Petition No.39636 OF2013L-TER) BETWEEN: K.MALLIKARJUNA S/O LATE SRI KEMPAIAH AGED ABOUT51YEARS R/A DOOR NO.505, 13TH CROSS SRIRAMPURA2D STAGE MYSORE (BY SRI.R. KRISHNA MURTHY, ADVOCATE) AND KARNATAKA FOOD AND CIVIL SUPPLIES CORPORATION LIMITED NO.16/1, MILLERS TANK BED AREA BANGALORE-560052 REPRESENTED BY ITS MANAGING DIRECTOR PETITIONER (BY SRI.G. S. KANNUR, ADVOCATE) ... RESPONDENT2THIS W.P. IS FILED UNDER ARTICLES226AND227OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DT.21.11.2009 IN REF. NO.38/2007 ON THE FILE OF THE PRINCIPAL LABOUR COURT, BANGALORE (VIDE ANNX-N) AND HOLDING THAT THE DISCIPLINARY ENQUIRY CONDUCTED IN THE ABOVE CASE IS NOT FAIR AND LAWFUL AND TO SET ASIDE THE AWARD DT.9.11.2011 IN REF. NO.38/2007 ON THE FILE OF THE PRINCIPAL LABOUR COURT, BANGALORE (VIDE ANNX-T) IN SO FAR AS IT RELATES TO DENIAL OF BACK WAGES TO THE PETITONER AND ...
Sri B v Srikumar Vs. The Chief Conservator of Forest Aranya Bhavan
Court: Karnataka
Decided on: Jun-14-2016
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE14H DAY OF JUNE2016BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA R.S.A.NO.1855 OF2015(DEC/INJ) BETWEEN: SRI B.V.SRIKUMAR, S/O.LATE M.VENKATARAMANAIAH, AGED ABOUT54YEARS, R/AT VADERAHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE DIST., BANGALORE-562 106. ... APPELLANT THE CHIEF CONSERVATOR OF FOREST, ARANYA BHAVAN, 18TH CROSS, MALLESHWARAM, BANGALORE-560 003. (BY SRI LEELADHAR H.P., ADVOCATE) AND:1. 2. (BY SRI SHIVAPRABHU S. HIREMATH, AGA) THE RESEARCH RANGE FOREST OFFICER, DOOPANAPALYA, ARIKERE LAYOUT, BANGALORE CIRCLE, BANGALORE-573 134. RESPONDENTS THIS RSA IS FILED UNDER SECTION100OF CPC, AGAINST THE JUDGMENT AND DECREE DATED0310.2015 PASSED IN R.A.NO.38/2007 ON THE FILE OF THE IIIRD ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SITTING AT ANEKAL, DISMISSING THE SUIT2AND CONFIRMING THE JUDGMENT AND DECREE DATED0204.2007 PASSED IN O.S.NO.329/1998 ON THE FILE OF THE ADDL.CIVIL JUDGE (SR.DN.) AND JMFC...
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