Kerala Court February 1990 Judgments
Regional Director, Esi Corpn. Vs. Vijayamohini Mills
Court: Kerala
Decided on: Feb-28-1990
Reported in: (1990)IILLJ464Ker
Bhat, J.1. Regional Director, E.S.I. Corporation, Trichur has filed this appeal against the order of the E.S.I. Court in I.C. No. 81 of 1982.2. Respondent mill is a unit of the National Textile Corporation. With a view to expand the activities of the mill, work of extension of the new spinning shed was undertaken and work was awarded to a contractor by order dated 7th August 1979. The work was completed on 27th April 1982 and Rs. 9,63,984.04 was paid to him. The consultant was also paid consultation fee. According to the respondent, contractor did the work with his own employees and mill employees were never employed in the work. The Deputy Regional Director of the Corporation conducted inspection of the records on 28th October 1981 and by order dated 19th November 1981 required the respondent to pay contribution for the amount of Rs. 10,17,875.07 alleging that it represented wages paid to the employees. Respondent was also directed to register the employees and to pay contribution as ...
Tag this Judgment!Regional Director, Esi Corpn. Vs. Ramlal Textiles
Court: Kerala
Decided on: Feb-28-1990
Reported in: [1991(61)FLR298]; (1990)IILLJ568Ker
Bhat, J.1. Regional Director, E.S.I. Corporation, Trichur being aggrieved by the judgment of the E.S.I. Court, Calicut in E.I.C. No. 53/83 has filed this appeal.2. The respondent is a firm engaged in the manufacture and sale of handloom textile goods. Respondent has a factory of its own covered by E.S.I. scheme. Appellant by letter dated 18th November 1981 sent to the respondent required the latter to pay E.S.I. contribution for a sum of Rs.4,82,040.28. Bulk of this account represented wages paid on account of 'outside weaving charges' and 'outside winding charges'. Admittedly these amounts have not been taken into account for payment of contribution. This was followed by letter dated 23rd February 1983 to the same effect. Respondent sent a reply dated 20th April 1983 denying liability and followed it up by filing an application under Section 75 of the Employees State Insurance Act before the E.S.I. Court seeking declaration that the direction of the appellant is illegal and unenforcea...
Tag this Judgment!Omana Oomen, Attdt. Operator, Chemical Plant Trainee and ors. Vs. the ...
Court: Kerala
Decided on: Feb-27-1990
Reported in: AIR1991Ker129; [1991(61)FLR346]; (1991)IILLJ541Ker
ORDERV. Sivaraman Nair, J.1. Petitioners are Postgraduates in Chemistry. They were selected as Attendant Operators, Chemical Plant, to undergo training in the first respondent-company under the Apprentices Act, 1961. The training commenced on 22-4-1967 and has a duration of three years. Ten other male trainees were also simultaneously appointed. Of them, five left the company for better prospects. The remaining five male trainees were absorbed as Technicians (Process/Process Control), during September, 1988 before the completion of the training period. Respondent-company conducted an internal examination for that purpose. It excluded the petitioners only because they were females. Petitioners filed representations dated 11-10-1988 claiming absorption as in the case of male trainees. The Government of India forwarded that representation to the Government of Kerala under Ext. P2 letter dated 16-11-1988. Petitioners also filed Ext. P3 representation before the third respondent for similar...
Tag this Judgment!Gwalior Rayon Silk Mfg. (Wvg.) Co. Ltd. Vs. Shri Andavar and Co.
Court: Kerala
Decided on: Feb-27-1990
Reported in: AIR1991Ker134
1. Defendant is the appellant. Plaintiff entered into an agreement (Ext. Bl) with the defendant for supply of 15000 tons of eucalyptus hybrid from Ari-malam Plantations of Pudukottai and 3000 tons of eucalyptus grandis from Cinchona Plantations 1, 2 and 3 of Coimbatore South Division and Kambamettu of Madurai South Division. Materials were to be supplied to the depot of the defendant at Pollachi. The plantations from which the plaintiff agreed to supply the firewood belonged to Tamil Nadu Forest Plantation Corporation and it was leased to the plaintiff.2. Ext. Bl agreement provides that eucalyptus hybrid and grandis with a girth of 12'x24' and with a length of 1 to 2 metres have to be supplied to the defendant. Rupees 15,000/- was deposited by the plaintiff as security towards the performance of the contract. Though some quantities of firewood were supplied, plaintiff wrote Ext. B2 letter to the defendant on 27-3-1976 stating that due to difficulties in arranging lorries and labour he ...
Tag this Judgment!C.K. Xavier Vs. Sri Kasi and anr.
Court: Kerala
Decided on: Feb-27-1990
Reported in: AIR1990Ker271
P.K. Shamsuddin, J. 1. Plaintiff is the appellant. The appeal is directed against the judgment and decree in O.S. No. 137 of 1981 on the file of the Sub-Court, Thodupuzha. The suit was for recovery of Rs. 13,770/- by sale of plaint schedule property on the strength of hypothecation bond.2. 1st defendant borrowed Rs. 1,000/-from plaintiff on 7-6-1968 agreeing to pay interest at the rate of 12% per annum and to repay the amount after one year and he executed a hypothecation bond mortgaging the plaint schedule property as security for this amount, as evidenced by Ext. A1. The 2nd defendant is the wife of 1st defendant. Plaintiff filed O.S. No. 433 of 1978 in the Sub-Court, Kottayam for recovery of the amount on the strength of the hypothecation bond. It was transferred to Sub-Court, Thodupuzha and renumbered as A.S. No. 96 of 1978. Plaintiff filed an interim application for attachment of plaint schedule property. Thereupon, 2nd defendant who is the wife of 1st defendant filed a claim peti...
Tag this Judgment!Punnoose Vs. K.V. Chacko and ors.
Court: Kerala
Decided on: Feb-27-1990
Reported in: AIR1990Ker352
Bhat, J.1. The case relates to the estate of Annamma who died on 22-10-1986. Appellant is a relation of her pre-deceased husband; so also the respondents. Appellant filed a petition before the District Court, Kottayam for grant of probate of the Will allegedly executed by Annamma in regard to her estate. In the petition, the present respondents were shown as respondents and co-legatees with the appellant under the Will. It appears they had also entered caveat before the Court. The Court issued notice to them. They appeared and filed written statement stating that they are in undisputed possession of property and the petitioner has no right to manage the properties and also denying the genuineness of the Will and the testamentary capacity of the testator. When the case came up for consideration thereafter, it was submitted on behalf of the respondents that since the probate proceeding is a contentious one and it should be converted into a suit. This request was opposed by the petitioner...
Tag this Judgment!N.K.K. Siva Baghyam and ors. Vs. P.V. Kalliani Amma and ors.
Court: Kerala
Decided on: Feb-27-1990
Reported in: II(1991)ACC464; 1991ACJ283
K.T. Thomas, J.1. In an accident which happened on 8th March, 1981, one M.P. Purushothaman sustained injuries and died of those injuries. His widow and children made a claim on the owner, driver and the insurer of bus KLC 5102 for compensation. The Motor Accidents Claims Tribunal assessed a sum of Rs. 75,000/- as the compensation payable to the claimants, but the Claims Tribunal deducted 50 per cent therefrom on the premise that the accident happened on account of the composite negligence perpetrated by the bus driver and the driver of the tempo van (KLN 2667) in which the deceased was then travelling. The claimants, widow and children of the deceased, have filed this appeal dissatisfied with the award.2. The accident happened in this way: the tempo van was proceeding from south to north along National Highway No. 17. The bus was coming from a bylane which converged into the national highway at the place of occurrence. As the bus entered the national highway, it collided with the tempo...
Tag this Judgment!Nidumthottil Kadankot Kudirodan and ors. Vs. Smt. P.V. Kalliani Amma a ...
Court: Kerala
Decided on: Feb-27-1990
Reported in: II(1991)ACC33
K.T. Thomas, J.1. In an accident happened on 8-3-81, one M.P. Purushothaman sustained injuries and dies of those injuries. His widow and children made a claim on the owner, driver and the insurer of bus KLO 5102 for compensation. The Motor Accidents Claims Tribunal assessed a sum of Rs. 75,000/- as the compensation payable to the claimants, but the Claims Tribunal deducted 50% therefrom on the premise that the accident happened on account of the composite negligence perpetrated by the bus driver and the driver of the tempo van (KLN 2667) in which the deceased was men travelling. The claimants, widow and children of the deceased, have filed this appeal dissatisfied with the award.2. The accident happened in this way: The tempo van was proceeding from south to north along National Highway No. 17. The bus was coming from a bylane which converged into the National Highway at the place of occurrence. As the bus entered the National Highway, it collided with the tempo van.3. The deceased was...
Tag this Judgment!F.K. HussaIn Vs. Union of India (Uoi) and ors.
Court: Kerala
Decided on: Feb-26-1990
Reported in: AIR1990Ker321
ORDERChettur Sankaran Nair, J. 1. The conflict in these cases, is the conflict of yesterdays and a new day the conflict of the lifestyle of a lotuseyed leisurely day gone by and the exacting demands of today on material resources.2. The coral isles of Lakshadweep, with their wind swept beaches of silver sandswashed by the soft ripples of the lagoons, lie scattered like pearls in the sapphire sea, to the west of the Malabar coast. The palm fringed isles are endowed with scenic loveliness; but are not endowed with enough material resources. According to petitioners, ground water resources in these islands are limited. Potable water is in short supply, and large scale withdrawals with electric or mechanical pumps can deplete the water sources, causing scopage or intrusion or saline water from the surrounding Arabian Sea. The administration has evolved a scheme to augment water supply, by digging wells and by drawing water from those existing wells to meet increasing needs. This, petitione...
Tag this Judgment!Pathummakutty and Etc. Vs. thekkechalil Kathiyumma and anr. Etc.
Court: Kerala
Decided on: Feb-22-1990
Reported in: AIR1990Ker286
Manoharan, J.1. One of these revisions has been referred to the Division Bench to determine the main point whether an application under Order 21, Rule 89, C.P.C. (for short 'the Code') is maintainable when the required deposit was after 30 days but was within 60 days of the sale. Since the same question is involved in the other revision also, we heard both the revisions together. Article 127 of the Limitation Act, 1963 (as it stood originally) provided 30 days' time for making the application to set aside sale in execution of decree. It was subsequently amended as 60 days. A Division Bench of this Court in Dakshayini v. Madhavan, 1981 Ker LT 861 : (AIR 1982 Ker 126), took the view that such an application is not maintainable. The Division Bench held that deposit envisaged in Rule 89 being a condition precedent for setting aside the sale, the same has to be made within 30 days as provided in Order 21, Rule 92(2) of the Code. Subsequently Rule 92(2) was amended by the High Court and the ...
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