Kerala Court July 2002 Judgments
Joseph K.V. Vs. R.P.F. Commissioner
Court: Kerala
Decided on: Jul-24-2002
Reported in: (2003)ILLJ981Ker
Kurian Joseph, J.1. Contract workers attached to the second respondent are the petitioners in the Original Petition. The issue relates to the benefits under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 in the case of the petitioners and similarly situated employees are concerned. Though the petitioners and similarly situated workmen were entitled to the coverage under the Employees' Provident Funds Scheme, the respondents took steps belatedly by proceedings dated January 11, 1991, the second respondent establishment was directed to pay an amount of Rs. 17,71,232.00. According to the petitioner, this includes the interest and penalty. However it was later learnt that the petitioners and other workmen were denied interest with effect from 1971 to 1987.2. It is not in dispute that the coverage under the Employees' Provident Funds Scheme has been determined with effect from 1971. However, the second respondent establishment has a case that they are not liable to pa...
Tag this Judgment!Ajesh V. Kumar Vs. the Regional Transport Authority
Court: Kerala
Decided on: Jul-23-2002
Reported in: I(2003)ACC328
R. Rajendra Babu, J. 1. The common grievance of the petitioners in these Original Petitions was that the R.T.A., Kollam was not convening the meetings and considering their applications for grant of permits. It was submitted that the last meeting had been convened on 22.1.2002 and thereafter though meetings were scheduled on two or three occasions, on all those occasions the meetings were postponed. It was submitted that in the meeting scheduled to be convened on 20.6.2002 as many as 198 items had been listed for consideration and all those matters were adjourned to 4.7.2002 and a supplementary agenda also was published for consideration on 4.7.2002. Even then the meeting was not convened on that day also and the matter had been adjourned without specifying any date. Thus a large number of applications are now pending for consideration and disposal. 2. The learned Govt. Pleader on instructions submitted that a meeting is scheduled to be convened on 8.8.2002 and it shall be held positiv...
Tag this Judgment!Ajesh V. Kumar and Etc. Etc. Vs. Regional Transport Authority and anr.
Court: Kerala
Decided on: Jul-23-2002
Reported in: AIR2003Ker51
ORDERR. Rajendra Babu, J.1. The common grievance of the petitioners in these original petitions was that the RTA, Kollam was not convening the meetings and considering their applications for grant of permits. It was submitted that the last meeting had been convened on 22-1-2002 and, thereafter, though meetings were scheduled on two or three occasions, on all those occasions the meetings were postponed. It was submitted that in the meeting scheduled to be convened on 20-6-2002 as many as 198 items had been listed for consideration and all those matters were adjourned to 4-7-2002 and a supplementary agenda also was published for consideration on 4-7-2002, Even then the meetingwas not convened on that day also and the matter had been adjourned without specifying any date. Thus a large number of applications are now pending for consideration and disposal.2. The learned Govt. Pleader on instructions submitted that a meeting is scheduled to be convened on 8-8-2002 and it shall be held positi...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Krishnan
Court: Kerala
Decided on: Jul-23-2002
Reported in: III(2002)ACC674
P.R. Raman, J.1. The appellant is the Insurance Company. The respondent herein sustained injuries while in employment. There is no dispute regarding sustainability of the claim for compensation under the Workmen's Compensation Act and it is also not in dispute that it is in the course of employment that the injury sustained. The only question that arise for consideration in this appeal is as to whether the Commissioner in the absence of any assessment of the disability by a Medical Practitioner, could make his own assessment based on the oral evidence of the parties in the case. The Commissioner has referred to a disability certificate which admittedly does not contain the percentage of disability and the loss of earning capacity. It is not in dispute that the injury sustained by the respondent is a non-schedule injury and, therefore, the case is covered by Section 4(1)(c)(ii) of the Workmen's Compensation Act. In the case of a non-schedule injury the loss of earning capacity has to be...
Tag this Judgment!Lalsudheer Vs. Kerala State Road Transport Corporation
Court: Kerala
Decided on: Jul-22-2002
Reported in: 2003(1)KLT329
Cyriac Joseph, J. 1. The appellants challenge the judgment dated 1.7.2002 in O.P. No. 17143 of 2002 which was dismissed by the learned Single Judge. The appellants are the petitioners in the said Original Petition.2. The only contention urged by Mr. Elvin Peter, learned counsel for the appellants is that the learned Single Judge dismissed the Original Petition in view of the decision of a Division Bench of this Court in Kerala Public Service Commission v. Shanil Kumar, 2002 (1) KLT 604 which according to the learned counsel has not laid down the correct law. It is contended that the said decision requires reconsideration.3. Having heard the learned counsel for the appellants and the learned counsel for the Public Service Commission and having considered the submissions made by the learned counsel for the parties and the averments raised in the appeal memorandum, we are not inclined to take a view different from the view taken by the Division Bench in Kerala Public Service Commission v....
Tag this Judgment!Binu Vs. State of Kerala
Court: Kerala
Decided on: Jul-17-2002
Reported in: 2002CriLJ4374
B.N. Srikrishna, C.J. 1.These Writ Petitions under Section 226 of the Constitution of India challenge the Constitutional validity of Section 6 of the Kerala Essential Services Maintenance Act, 1994 (hereinafter referred to as 'KESMA'). The petitions have been brought by different organisations representing Government servants and individual Government servants. Since they arise the same question, they are heard together and disposed of by a common judgment.2. On account of the financial stringency faced by the State Government, the State Government by an order dated 16.1.2002 curtailed, modified and postponed some of the benefits available to Government servants. There was wide spread opposition to this move of the Government and different organisations representing government servants threatened to go on strike. Anticipating such a strike, the State Government issued a notification dated 1st February, 2002, in exercise of its powers under Section 2(1)(a) of the KESMA declaring the ser...
Tag this Judgment!Redwood Hotel (P.) Ltd. Vs. Chief Commissioner of Income-tax and ors.
Court: Kerala
Decided on: Jul-17-2002
Reported in: [2003]259ITR191(Ker)
C.N. Ramachandran Nair, J. 1. These two original petitions are connected cases, O. P. No. 14372 of 2001 is filed by Hotel Panchami, a partnership firm, functioning at Thiruvalla, hereinafter called the 'firm' and O. P. No. 14380 of 2001 is filed, by Redwood Hotels (P.) Ltd., a private limited company, functioning at Thiruvalla, hereinafter called the 'company'. The connection between these two is that the company owns the hotel building which is leased out to the firm for carrying on the hotel business. Both the company and firm are income-tax assessees before the Deputy Commissioner of Income-tax, Circle I, Kottayam, and the Income-tax Officer, Ward-I, Thiruvalla, respectively. The company as well as the firm in these two original petitions challenge exhibit P-11 which is the common order produced in O. P. No. 14372 of 2001, issued by the Chief Commissioner of Income-tax, Cochin, transferring the files to the Deputy Commissioner of Income-tax, Central Circle, Calicut. The petitioners ...
Tag this Judgment!Redwood Hotel (P) Ltd. Vs. Chief Cit
Court: Kerala
Decided on: Jul-17-2002
Reported in: [2002]125TAXMAN644(Ker)
By the CourtThese two Original Petitions are connected cases, O.P. No. 14372 of 2001 is filed by M/s. Hotel Panchami, a partnership firm functioning at Thiruvalla, hereinafter referred to as the 'firm' and O.P. No. 14380 of 2001 is filed by M/s. Redwood Hotels (P) Ltd., a private limited company functioning at Thiruvalla, hereinafter referred to as the 'company'. The connection between these two is that the company owns the hotel building which is leased out to the firm for carrying on the hotel business. Both the company and firm are income-tax assessees before the Deputy Commissioner of Income Tax, Circle I, Kottayam, and Income Tax Officer, Ward-I, Thiruvalla respectively. The company as well as the firm in these two Original Petitions challenge Ext. P11 which is the common order produced in O.P. No. 14372 of 2001, issued by the Chief Commissioner of Income Tax, Cochin, transferring the files to the Deputy Commissioner of Income Tax, Central Circle, Calicut. The petitioners are ques...
Tag this Judgment!Chellappan Vs. Commissioner for Workmen's Compensation and Dy. Labour ...
Court: Kerala
Decided on: Jul-17-2002
Reported in: 1(2003)ACC263
M. Ramachandran, J.1. Petitioner was the respondent in an application filed by the legal representative of a deceased workman claiming workmen's compensation. Claim was that one Raveendran employed as a mahout under the respondent who had died in the course of his work on 1.1.1993. After examining the contentions of the parties and scanning through the evidence that had been placed, the Commissioner by Ext. P-4 order dated 29.6.2000 held that it was a case where there was death of workman during the course of his employment. A compensation of Rs. 63,920/- with interest was directed as payable. This order is under challenge in this original petition.2. Petitioner has averred that since there was no substantial question of law to be agitated about the issue (see para 6 of the original petition) and as the order passed was erroneous he had no chance to file an appeal successfully and therefore, he has approached this Court by filing this original petition. It has also been submitted that ...
Tag this Judgment!Redwood Hotel (P) Ltd. Vs. Chief Cit and ors.
Court: Kerala
Decided on: Jul-17-2002
Reported in: (2002)177CTR(Ker)536
C.N. Ramachandran Nair, J.These two original petitions are connected cases, OP No. 14372 of 2001 is filed by M/s. Hotel Panchami, a partnership firm functioning at Thiruvalla hereinafter called the 'firm' and OP No. 14380 of 2001 is filed by M/s. Redwood Hotels (P) Ltd., a private limited company functioning at Thiruvalla, hereinafter called the 'company'. The connection between these two is that the company owns the hotel building which is leased out to the firm for carrying on the hotel business. Both the company and firm are income-tax assessees before the Deputy Commissioner, Circle I, Kottayam, and Income Tax Officer Ward I, Thiruvalla, respectively. The company as well as the firm in these two original petitions challenge Ext. P 11 which is the common order produced in OP No. 14372 of 2001, issued by the Chief Commissioner, Cochin, transferring the files to the Deputy Commissioner Central Circle, Calicut. The petitioners are questioning the transfer on the ground that Calicut is ...
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