Kerala Court March 1995 Judgments
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State of Kerala and ors. Vs. C. Mohanan
Court: Kerala
Decided on: Mar-02-1995
Reported in: [1995(70)FLR1127]; (1995)IILLJ1096Ker
K.K. Usha, J. 1. The question involved in this appeal, at the instance of the State of Kerala, is whether an appointee to the post of driver in the Tourism department under the Kerala General Subordinate Service on daily wages can claim the benefit of Section 25-F of the Industrial Disputes Act. The petitioner was engaged on daily wages to work in the office of the fifth respondent, the Deputy Director, Department of Tourism Guest House, Ernakulam on different dates from December 19, 1987. He puts forward a contention that his service is liable to be regularised in the light of the provisions contained under Section 25-F of the Industrial Disputes Act as he had worked for more than 240 days continuously in an year. It is contended that termination of his service with effect from June 20, 1990 is in violation of Section 25-F of the Industrial Disputes Act, 1947. Since the fifth respondent was not inclined to accede to his demand for reinstatement, the petitioner wanted to raise an indus...
K.G. Keralakumaran Nair Vs. State of Kerala and anr.
Court: Kerala
Decided on: Mar-02-1995
Reported in: 1995CriLJ2319
K.P. Balanarayana Marar, J.1. When the appeal came up for hearing on 1-2-1995, counsel for the appellant as well as appellant were absent. There was no representation also. The appeal was therefore adjourned to 3-2-1995 to consider whether the appeal can be dismissed for default. On this point arguments were heard. Notice was given to Director General of Prosecutions.2. Heard Director General of Prosecutions and Senior Advocates Sri M. N. Sukumaran Nayar and Sri. T. R. Raman Pillai and Senior Counsel Sri. T. V. Prabhakaran, apart from other counsel who had also contributed their views on this aspect.3. The Director General of Prosecutions and all the counsel who expressed views in the matter are unanimously of the view that a criminal appeal cannot be dismissed for default. The powers of the appellate Court to hear appeals are contained in Chapter XXIX of the Code of Criminal Procedure. In this proceeding we are mainly concerned with Sections 384, 385 and 386. Section 384 empowers the ...
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