Court : Orissa
Reported in : 108(2009)CLT793
..... shall be reserved for the persons suffering from:(i) blindness or low vision;(ii) hearing impairement;(iii) locomotor disability of cerebral palsy, in the posts identified for each disability.the proviso to section 33 of the act states that the appropriate government is at liberty to exempt any establishment from the provisions of this section by notification. ..... social justice & empowerment, which is a nodal ministry to consider exemption, vide its office memo dated 24.10.2008, which has been annexed as annexure-8 to the rejoinder, has made it clear that until exemption is granted for any post of engineering service under section 33 of the act, it is mandatory for the ministry of railways to provide three per cent reservation for persons with disabilities & the complainant should be provided a suitable job in the railways as per his merit. ..... writ application under articles 226 & 227 of the constitution of india has prayed for issuance of writ of mandamus directing the opposite party-railway board to appoint him in indian railway service in accordance with his position in the merit list published for engineering services examination-2007.2. ..... order of the chief commissioner that the appropriate government in this case is the ministry of social justice & empowerment which has the power to exempt an establishment from the applicability of the provisions of section 33 of the act by issuing a notification in terms of section 33 of the act. ..... the act provides that the appropriate government .....
Tag this Judgment!Court : Delhi
..... this was not to happen, as a bench of the tribunal by an order dated 07.05.2008, came to a conclusion that, the incident was an untoward incident within the meaning of section 124-a of the railways act, 1989 (in short, the railways act), which provision having come into force w.e.f. ..... in the background of the aforementioned facts, it was argued by mr.vishwa bhushan arya, on behalf of the appellant that the parameters laid down for exclusion of time under section 14 of the said act had been fulfilled, in as much as, the appellant who was prosecuting the proceeding with due diligence and in good faith, till such time the civil court at meerut held, that it had no jurisdiction to deal ..... arya contended that the learned single judge failed to notice that the respondents in their written statement before the civil court had taken a specific stand that the appropriate forum was the tribunal. ..... secondly, the observation proceeds on a factual error, which is, as if the civil court at meerut while directing return of plaint, had advised institution of the claim in an appropriate civil court. ..... the error was compounded by virtue of the fact that the learned single judge appears to have misread the order of the civil court at meerut dated 14.01.2002, as if, it directed the return of plaint for being instituted in an appropriate civil court. mr. ..... , the tribunal, directed that the case be transferred to the district judge, meerut with a request for its trial and disposal by an appropriate court. .....
Tag this Judgment!Court : Chennai
..... a division bench of the kerala high court held that there was no evidence to show that the act of the deceased was suicide or self-inflicted injury and when the act of the deceased does not come within any of the categories in clauses (a) to (e) of the proviso to section 124-a of the railways act, the death of the deceased would come within the ambit of accidental falling of a passenger from a train ..... by the death of, or injury to, a passenger as a result of such untoward incident:provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to-(a) suicide or attempted suicide by him;(b) self-infected injury;(c) his own criminal act;(d) any act committed by him in a state of intoxication or insanity;(e) any natural cause or decease or medical or surgical treatment unless such treatment becomes necessary due to ..... depending upon the age of the deceased, size of the family, compensation is calculated choosing appropriate multiplier and even loss of future prospects in case the deceased held a stable job also has been granted by the motor accident claims tribunal ..... order dated 22.04.2009 passed by the railway claims tribunal, chennai bench in o.a.no.2008/1994.j u d g m ..... others [2008 (4) mlj 323 (sc)], the hon'ble supreme court analysed the nature of liability introduced in section 124-a of the act and ..... kumar and others [2008(4) mlj 323(sc)] ..... prabhakaran vijayakumar and others [(2008) 4 mlj 323 (sc)], the .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
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