Kerala Court May 2008 Judgments

Mulamoottil Deluxe Constructions and Another Vs. C. Radhamony Amma

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SRI. K.R. UDAYABHANU : PRESIDENT 1. The appellants are the opposite parties in OP.475/2000 in the file of CDRF, Thiruvananthapuram. The appellants are under orders to pay a sum of Rs.160000/- as part refund of the amount paid as advance and a sum of Rs.85000/- as interest on bank loan and Rs.30000/- as value of timber and Rs.2500/- towards costs to the complainant. 2. The case of the complainant is that as per agreement dated.31.1.2000 the opposite parties/appellants undertook the construction of a residential building in the property of the complainant. The total cost of the building estimated is Rs.876750/-. The total area of the proposed building is 1670 sq.ft. It is alleged that the opposite parties did not execute the work as per the time schedule although the complainant paid a sum of Rs.310000/- which is more than the amount specified in the agreement at the particular stage of construction. The part construction made was defective and with poor quality material. There ...

Savithri A.N. Vs. Authority Under the Kerala Payment of Subsistence Al ...

Court: Kerala

Reported in: [2008(118)FLR938]; 2008(2)KLJ541

S. Siri Jagan, J.1. An interesting question as to the interpretation of the provisions of the Kerala Payment of Subsistence Allowance Act arises here. The question is as to whether, for the purpose of computing the amount of subsistence allowance payable to an employee suspended pending disciplinary proceedings, the increase in wages with retrospective effect from a date prior to the date of suspension, has to be taken into account.2. The facts are simple and undisputed. The petitioner was suspended from service by the 2nd respondent employer with effect from 17-4-2000. Subsequently, by a settlement between the workmen and the management of the establishment, wages were revised with effect from 1-1-2000. The conciliation officer gave a report to the 1st respondent calculating the subsistence allowance on the basis of the wages as increased by the settlement. However, by Ext.P2 order, the 1st respondent directed payment of subsistence allowance calculated on the basis of the wages which...

Employees' State Insurance Corpn. Vs. Bharat Hotel

Court: Kerala

Reported in: [2008(118)FLR936]; 2008(2)KarLJ689; (2009)ILLJ340Ker

J.B. Koshy, J.1. In these cases, there was a dispute regarding the coverage of establishments of the respondents. Initially, Employees' Insurance Court was of the view that the establishments were not covered. Later, after appellate decision it was finally held that both establishments are covered and they are liable to pay contribution. Then the question is whether they are liable to pay interest on the contribution payable. Employees' Insurance Corporation was of the view that interest is payable from the due date of payment of contribution and accordingly demands were raised. The E.I. Court held that since there was a decision of the Court, establishments bona fide believed that they are not liable to pay contribution and in the above circumstances, interest is not payable for the past period. That is questioned by the Insurance Corporation in these appeals.2. When the appeals came up for hearing the learned single Judge noticed difference in opinion in Cannanore Drug Lines v. ESI C...

Commissioner of C. Ex. and Cus. Vs. General Manager, Telecom, Bsnl

Court: Kerala

Reported in: 2009[14]STR450; [2009]21STT404

C.N. Ramachandran Nair, J.1. The appeal is filed against the order of the Customs, Excise and Service Tax Appellate Tribunal cancelling Interest demanded from the respondent under Section 75 of the Finance Act, 1994. The respondent, which is a Government Department, delayed payment of service tax by four days on account of delay in allotting head of account for payment. Learned Counsel for the respondent submitted that the amount was deposited in time, but on account of delay in allotting head of account, credit was given for payment only with a delay of four days. Whatever be the reason for the belated payment, we find that the provision for interest containing Section 75 is mandatory. The Tribunal appears to have cancelled the interest on the assumption that the demand made is penalty. However, on going through the impugned order of the Additional Commissioner, we find that he had waived penalty and the amount of Rs. 19,009/- demanded is only in the form of interest under Section 75,...

A.V.J. Emporium Vs. Assistant Commissioner (Assessment), Commercial Ta ...

Court: Kerala

Reported in: (2009)24VST422(Ker)

K.M. Joseph, J.1. The case of the petitioner, in brief, is as follows.2. The petitioner is a registered dealer in gold and silver ornaments under the Kerala General Sales Tax Act, 1963. The petitioner filed return for the assessment year 2002-03. He submitted exhibit P4 application for compounding in form 21 on April 2, 2002. According to him, it was done, thinking that the rate of tax applicable was only one hundred and twenty per cent. There was an amendment by way of exhibit PI erratum. According to the petitioner, he was not aware of the same. However, before granting permission in terms of Rule 30 of the Kerala General Sales Tax Rules, 1963, the petitioner came to know that the enhanced rate of two hundred per cent will be demanded from him based on exhibit PI erratum. As the enhanced rate was not in the contemplation of the petitioner, it is the case of the petitioner that he withdrew the option by exhibit P5 dated April 29, 2002. It is his further case that tax under Section 5 o...

Kerala Public Service Commission Vs. Dr. T. Beermasthan,

Court: Kerala

Reported in: 2008(2)KLT797

K. Balakrishnan Nair, J.1. The point that arises for decision in this Writ Appeal is whethercorrect construction has been placed on Rules 14 to 17 of Part II, KeralaState & Subordinate Services Rules, 1958 by the Public ServiceCommission, while advising candidates to the post of Medical Officer(ISM).2. The brief facts of the case are the following:The Kerala Public Service Commission invited applications for appointment to the post of Medical Officer (Indian System of Medicine) under the Kerala Government, by the notification published in the Kerala Gazette dated 14.10.2003. The rank list was published on 31.12.2005. The writ petitioners were candidates included in the supplementary list of Muslims as rank Nos. 17 and 18. Ext.P1 is the rank list published by the P.S.C. According to the writ petitioners, 250 candidates were advised, out of which 198 were from the main list and 52 from the supplementary lists. In that process, only 28 Muslim candidates were advised. Going by Rules 14 to ...

Panicker K.P. Vs. Union of India (Uoi) and ors.

Court: Kerala

Reported in: 2008(2)KLJ502

P.N. Ravindran, J.1. The appellant in O.A. No. 765 of 2001 on the file of the Central Administrative Tribunal, Ernakulam Bench is the petitioner and the respondents therein are the respondents in this writ petition. The petitioner has in this writ petition filed on 3-4-2008, prayed for setting aside Ext.P1 order dated 30-3-2007 passed by the Central Administrative Tribunal in O.A. No. 765 of 2001 and to grant the reliefs prayed for therein.2. The petitioner entered service as a Mechanic in All India Radio at Bangalore on 31-3-1956. He was promoted as Senior Mechanic in the year 1965 and as Engineering Assistant in September, 1974. He retired from service on 31-1-1982 on attaining the age of superannuation while holding the post of Engineering Assistant in All India Radio, Thrissur.3. By Annexure A5 order passed on 29-6-1990, the Central Administrative Tribunal, Madras Bench held that the Engineering Assistants in the Doordarshan Kendra, Madras who were in the scale of pay of Rs. 425-75...

Jose A. and ors. Vs. State of Kerala and ors.

Court: Kerala

Reported in: 2008(2)KLJ547; 2008(3)KLT677

V. Giri, J.1. Common issues arise for consideration in these two writ petitions and therefore they have been heard together and are being disposed of by this common judgment. WP(C) No. 31047/2007 is taken as the leading case. The petitioners entered service as Junior Co-operative Inspectors in the Industries and Commerce Department. They were promoted on regular basis as Senior Co-operative Inspectors. They were then provisionally promoted as Industries Extension Officers. All the above mentioned posts are included in the Kerala Industries Subordinate Service and are governed by the Subordinate Service Rules (hereinafter referred to as the Subordinate Rules).2. The post of Assistant District Industries Officer is one which is comprehended by the Special Rules for the Kerala Industries Service (hereinafter referred to as the Rules). The said post is included in category No. 2, Class No. V and Branch No. 1 of the State service. The method of appointment to the said post as per the specia...

Vikram Sarabhai Educational Trust and B.Ed. College Vs. University of ...

Court: Kerala

Reported in: AIR2008Ker216; [2008(4)JCR652]; 2008(2)KLJ343; AIR2008Ker216; 2008(6)AIRKarR88(FB)

ORDERWhereas in terms of Section 14(1) of the NCTE Act, 1993 Vikram Sarabai Education Trust, Thrissur District, Kerala has submitted an application to the Southern Regional Committee of NCTE for grant of recognition to Vikram Sarabhai B.Ed,. College, Kaipamangalam, Kodungallur, Thrissur District 680681, Kerala for Secondary (B.Ed.) course of one year duration with an annual intake of 100 (Hundred) Students.2. AND WHEREAS on scrutiny of the application submitted by the institution, the documents attached therewith, the affidavit and the input received from the visiting team in the form of report and videography, the Committee is satisfied that the institution fulfils the requirements under the provisions of NCTE Act, Rules and relevant Regulations including the Norms and Standards for the said teacher education programme such as instructional facilities, infrastructural facilities, library, accommodation, financial resources, laboratories etc. for running the programme and has appointed...

Regional Director, E.S.i. Corporation and anr. Vs. Managing Director, ...

Court: Kerala

Reported in: [2008(118)FLR715]; (2009)ILLJ56Ker

J.B. Koshy, J.1. This appeal is filed by the Employees State Insurance Corporation. The first respondent in the appeal is a Co-operative Society organised by the Government of Kerala for providing employment opportunities to unemployed Engineers and Technicians. Since the unit was facing acute financial crisis due to erosion of working capital from 1992 onwards it was closed finally in March, 1996 and therefore the contributions to the Corporation were not remitted from August, 1994 onwards. During these periods, even the salary of the employees was not paid due to non-availability of funds. The Government took initiative to revive the Society and agreed to contribute Rs. 105 lakhs to the share capital of the Society for which the members of the Society who are employees have to take shares worth Rs. 27 lakhs forgoing certain amount of their salary arrears. The ESI contribution arrears were paid with interest. The Corporation imposed damages on the delayed payment of contribution. The ...