Court : Allahabad
..... therefore, after waiting for more than 120 days, the petitioner finally served notice dated 03rd september, 2005 upon the general manager calling upon him to invoke the arbitration clause to appoint an arbitrator within 30 days, otherwise right of appointment of arbitrator by the railways as per the general conditions of contract will be forfeited and the petitioner will be free to approach the appropriate legal forum for appointment of arbitrator under the act. ..... (iii) whether the respondent herein had taken necessary steps for appointment of an arbitrator in terms of the agreement, and had the appellant failed to act in terms of the agreed procedure, by not referring the dispute to its [director (marketing) (as in the referred case)] [chief administrative officer/general manager (as in the present case)] for arbitration?" 7. ..... i have come across three judges' bench judgment of the supreme court in northern railway administration (supra) and gone through the relevant part of this judgment i.e. ..... on the other hand, it has been stated that the petitioner has given 'no claim certificate' (copy enclosed), therefore, in view of the above giving of letter dated 02nd april, 2005 by the petitioner for reference to the arbitrator is not understood and should not be taken cognizance of. ..... the contention of the petitioner is that after submission of claim to the chief administrative officer vide its letter dated 02nd april, 2005, nothing was responded by the respondent-railway authority. .....
Tag this Judgment!Court : Supreme Court of India
..... . these are questions for which we have not been provided any answers at all - it is entirely for the government of india and parliament to decide how to legally appropriate these thousands of crores of rupees and then utilize the amounts for the benefit of construction workers, at least for the future, assuming nothing can be done for the past ..... . if a mistake has occurred, and we have no doubt that hundreds of mistakes have occurred in the implementation of the bocw act, it is more appropriate to admit the mistake for a better future rather than to justify it or continue to repeat the mistake ..... . the ministry of labour and employment shall actively consider making available to the construction workers the benefits of the maternity benefit act, 1961 and the minimum wages act, 1948, the employees state insurance act, 1948, the employees provident funds and miscellaneous provisions act, 1952, as well as (to the extent possible) the mahatma gandhi national rural employment guarantee act, 2005.8 ..... . the ministry of labour and employment should also consider whether projects of the government of india in the railways, defence and other establishments are brought within the purview of the bocw act.9 .....
Tag this Judgment!Court : Supreme Court of India
..... the facts of the lead case herein are that the respondent-iocl had sent a legal notice dated 07.11.2005 under section 106 of the railway act, 1989 to the appellant-union for refund of excess freight charges with respect to a consignment dated 25.08.2022, due to change in methodology, having been applied prospectively from 01.01.2005 which resulted in variation in fares and freights when compared with the then existing fares and freight. ..... it would, therefore, not be appropriate for this court, in exercise of its writ jurisdiction, to give relief, which authority, in law, has been vested in the claims tribunal under section 13 of the railway claims tribunal act, 1987. ..... there will be an over charge if railway applies higher rate than appropriate and there can also be an civil appeal no(s). ..... admittedly, upon realizing that the said distance was wrongly calculated, the appropriate authority of the petitioner 'critically reviewed' the old distance tables and thereafter notified the corrected distance/ rate between bad to hsr as 333.18 km on 05.07.2005 (i.e. ..... we, therefore, find no merit in this writ petition, and the same is accordingly dismissed, and rule discharged, but without prejudice to the right of the petitioners to seek remedy before the appropriate forum, if so advised. ..... to appreciate the meaning of overcharge , as illustration from the facts of the present case would, i feel, be appropriate. .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR889
..... law, including by exercising the right of lien, if any, as per section 83 of the act against the concerned petitioners and in the event no such right of lien is available, it would be open to the railway administration to initiate appropriate proceedings for recovery of the amount before the appropriate court in accordance with law.3) in the event right of lien is so exercised by railway administration against the concerned petitioners in view of section 83 of the act, it would be open to the concerned petitioners to challenge the decision and to claim ..... in any event, in view of the final disposal of the main petitions today and in view of the observations made and the directions given hereinabove, the interim injunction granted on 6.1.2005 deserves to be vacated since the life of the interim order cannot be beyond the life of the main proceedings itself.37. mr. ..... it appears that on 6.1.2005 the interim orders were passed and today when the matters are decided, even if the law permits recovery of the amount before the actual delivery by the railway administration from the persons concerned, the recovery could not have been affected and, therefore, while vacating the interim injunction granted earlier including injunction dated 6.1.2005 granted in civil application no. ..... 11/2005 in sca no. ..... 11/2005 in sca no. .....
Tag this Judgment!Court : Delhi
Reported in : 2006(92)DRJ243
..... cases the petitioners have prayed for the issuance of a writ of prohibition or any other writ, order or direction in that nature restraining the respondents, and particularly respondent no.3, uttariya railway mazdoor union (urmu), from acting on the list of central council members circulated vide communication dated 24.5.2005; that directions be issued for the enforcement of the rules for regulation of association of non gazetted railway servants framed by respondent no.1; it has also been prayed that communication dated ..... 463, a division bench of the gauhati high court has opined that disputes between rival groups of a trade union, being in the nature of a private quarrel, exercise of the extraordinary powers under article 226 would not be appropriate and that the proper remedy would lie by way of a civil suit in which evidence could be freely and conveniently recorded. ..... under article 226 of the constitution every high court has the power to issue to any person or authority, including in appropriate cases, any government, throughout the territories in relation to which it exercises jurisdiction, directions, orders, or writs including writs in the nature of habeas corpus, mandamus, quo warranto and certiorari or any of them, for the enforcement of the .....
Tag this Judgment!Court : Kerala
..... the claimants were before the appropriate government, who referred the justifiability of denial of employment for adjudication under the act. ..... (c)no.3458 of 2005 -:4:- 4.learned standing counsel for the petitioner railways would contend that, the claimants, having not worked in the railways, cannot, during the said period, be said to be entitled to productivity linked bonus or the leave salary, which right would accrue, only on the actual working of an employee, in the service of the establishment. ..... (c)no.3458 of 2005 -:5:- writ petition itself would show that, the liability, which the petitioner railways seek to absolve itself of, comes to only about rupees ten lakhs and the benefit, which would accrue to each individual workmen would be around about rupees sixty thousand. ..... 3458 of 2005 (j) -------------------------------------- appendix petitioners' exhibits ----------------------------------- p1: copy of claim petition no.25/1996 in labour court, kozhikode including summons and annexures p2: copy of written objection dated94/98 in cp.25/96 p3: copy of statement dated211/2003 along with details of amount filed in cp.25, 26 & 27/96 filed by claimant's counsel p4: copy of counter dated42/2003 filed by railway to revised statement dated211/03 in cp.25, 26,27/96 p5: copy of the order dated306/2003 of labour court in cp.nos.25, 26 & 27/96 p6: destails of arrears paid to r1 in respect of the period from511/83 to313/93 p7: details of balance arrears due to r1 is respect of the .....
Tag this Judgment!Court : Kerala
..... the claimants were before the appropriate government, who referred the justifiability of denial of employment for adjudication under the act. ..... (c)no.3458 of 2005 -:4:- 4.learned standing counsel for the petitioner railways would contend that, the claimants, having not worked in the railways, cannot, during the said period, be said to be entitled to productivity linked bonus or the leave salary, which right would accrue, only on the actual working of an employee, in the service of the establishment. ..... (c)no.3458 of 2005 -:5:- writ petition itself would show that, the liability, which the petitioner railways seek to absolve itself of, comes to only about rupees ten lakhs and the benefit, which would accrue to each individual workmen would be around about rupees sixty thousand. ..... 3458 of 2005 (j) -------------------------------------- appendix petitioners' exhibits ----------------------------------- p1: copy of claim petition no.25/1996 in labour court, kozhikode including summons and annexures p2: copy of written objection dated94/98 in cp.25/96 p3: copy of statement dated211/2003 along with details of amount filed in cp.25, 26 & 27/96 filed by claimant's counsel p4: copy of counter dated42/2003 filed by railway to revised statement dated211/03 in cp.25, 26,27/96 p5: copy of the order dated306/2003 of labour court in cp.nos.25, 26 & 27/96 p6: destails of arrears paid to r1 in respect of the period from511/83 to313/93 p7: details of balance arrears due to r1 is respect of the .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Allahabad
Reported in : (2006)(1)SLJ379CAT
..... in this regard, he had submitted as under: in terms of rule 10(3) of railway servants (d&a) rules, 1968, where the disciplinary authority is of the opinion that the penalty warranted is such as is not within its competence, he shall forward the records of the inquiry to the appropriate disciplinary authority who shall act in the manner as provided in these rules. ..... the general manager is of the opinion that penalty other than those specified in clauses (i) to (vi) of rule 6 is warranted in the facts and circumstances of the case, then invoking the provisions of 10(3) of the rules, he may approach the railway board and in that events the board has to specified in clear terms that the appellate authority would be the president. ..... as regards the provision relating to the d.a's reference to the appellate authority to pass appropriate orders, apart from inviting our attention to para 10(3) of the d&a rules, 1968 as extracted above, the learned counsel for the respondents has also referred to the provisions relating to powers under the disciplinary rules of various ..... passed by the disciplinary authority had not been set aside by any formal order of the higher authorities, the applicant has prayed for quashing and setting aside not only of the disagreement memo dated 22.02.2005 of the appellate authority but also that of the disciplinary authority i.e. ..... as regard disagreement memo dated 22.02.2005, it is to state that the general manager, n.c ..... order dated 22.02.2005, impugned herein refers.7 .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)2CALLT444(HC)
..... of the materials on record overruled all the objections taken by khosla and came to the conclusion that malhotra having come to know of the change of seniority from the gradation list published in 2005, the application was not barred by limitation and that the order passed on the basis of the application filed before the principal bench was not binding upon malhotra as he was not made party therein ..... malhotra filed the application under section 19 of the act thereby praying for the following relief:(a) to pass an appropriate order directing upon the respondents to assign the appropriate seniority to the applicant as per classified list of the gazetted establishment of mechanical department ..... court by order dated december 14, 2000 did not interfere with the decision of the principal bench of the tribunal and pursuant to the said decision, the railway authorities refixed the seniority of khosla by issuing a notification dated 12th april, 2001 by which khosla was placed at serial no. ..... the principal bench by order dated 14th august, 1999 allowed the application of khosla and held that the railway authority could not have discriminated and accordingly, directed that the seniority of khosla should be fixed on completion of four years' probation irrespective of his passing the examinations within the said period as ..... to know from the classified list of gazetted establishment of indian railways published in the year 2005 that khosla's position was elevated above one shri kaushal kishore and .....
Tag this Judgment!Court : Supreme Court of India
..... shall lie against such under that procedure, decision (10) the chief justice the appointment shall may make such (8) the supreme court be made, on an scheme as he may or, as the case may application of the deem appropriate for be, the high court or party, by the arbitral dealing with matters the person or institution designated entrusted by sub institution designated by the supreme court, section (4) or sub by such court, before in case of international ..... , shall seek a (7), (8) and (10) arise court, may make such disclosure in writing in any other scheme as the said from the prospective arbitration, the court may deem arbitrator in terms of reference to chief appropriate for dealing sub section (1) of with matters entrusted justice in those sub section 12, and have by sub section (4) or sections shall be due regard to sub section (5) or sub construed as a section (6), to it. ..... , (2005) 8 scc618 , after deliberating at length with regard to the role of the chief justice or his designate, while dealing with an application under section 11(6) of the act, has thought it appropriate to define what it precisely meant in para 39 ..... down in the aforesaid case, was confirmed by a constitution bench of this court in konkan railway corporation ltd. v. ..... 44 (2000) 7 scc20167 constitution bench of five judges in konkan railway construction ltd. ..... to be made as the decision in konkan railway corpn. ..... started the debate was the case of konkan railway corpn. ..... , the ratio expressed in konkan railway corpn. .....
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