Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 33 exclusion of jurisdiction of civil cases Court: orissa Page 1 of about 1 results (0.034 seconds)

State Transport Accounts Association and Etc. Etc. Vs. Orissa State Ro ...

Court : Orissa

Reported in : (1992)ILLJ397Ori

..... power, or is ordinarily so carried on, -but does not include a mine subject to the operation of the mines act, 1952 (xxxv of 1952), or a mobile unit belonging to the armed forces of the union, a railway shed or a hotel, restaurant or eating place;explanation - for computing the number of ..... industrial establishment' for having maintained factories which are independent manufacturing units inside the organisation. therefore, the fact being disputed, the appropriate forum is the industrial tribunal to resolve the dispute by giving a verdict based on evidence. therefore, this point cannot be decided by the high court.17. it is necessary to ..... the corporation maintains factories or not, the high court shall not determine the fact which should be left to the proper adjudicatory authority, namely, the industrial tribunal. thus efficacious alternative remedy is available to the petitioners. he concluded by submitting that the retrenchment orders were passed by taking an overall picture and after .....

M/S. Sterlite Energy Ltd. Vs. State of Orissa and ors.

Court : Orissa

..... on without the aid of power, or is ordinarily so carried on, but does not include a mine subject to the operation of the mines act,1952 (35 of 1952), or a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place; section 2(l) of the factories ..... the subject of the manufacturing process but does not include any member of the armed forces of the union."22. from the statement of objects and reasons of the bocw act, it is seen that the parliament being aware of the existing provisions of certain central acts, which are applicable to buildings and other construction workers, has felt the necessity ..... statutes have to be construed so that every word has a place and everything is in its place."26. in the case of surendra kumar verma vs. central govt. industrial tribunal-cum-labour court, air 1981 sc 422, the apex court observed as under: "6. semantic luxuries are misplaced in the interpretation of "bread and butter" statutes. welfare .....

Dhirendra Pandua Vs. the Election Tribunal-cum-district Judge and ors.

Court : Orissa

Reported in : 101(2006)CLT264

..... of the proceedings. this court is vested with the powers of superintendence over all courts and tribunals through out the territories in relation to which it exercises jurisdiction excepting any court or tribunal under any law relating to the armed forces.9. there are catena of decisions of the apex court on the afore-mentioned views of ..... which we may quote the conclusion reached by the apex court in paragraph 38 suryadev hay v. ram chandra ray, : air2003sc3044 :*** *** ***(1) amendment by act no. 46 of ..... would like to say that a writ of certiorari can be issued for correcting errors of jurisdiction. it can also be issued when the court or tribunal acts illegally in exercising of its undoubted jurisdiction, when it decides without giving an opportunity to the parties violating principles of natural justice. the court issuing the .....

New India Assurance Co. Vs. Budhei Bewa and ors.

Court : Orissa

Reported in : AIR1985Ori191

..... ii, whether the contract of employment was made 'before or after the passing of this act and'whether such contract is expressed, or implied, oral or in writing; but does not include any person working in the capacity of a member of the armed forces of the union and any reference to a workman who has been injured shall, where the ..... been clearly stated in paras 6, 11 and 26 that the deceased was employed as a workman under the registered owner benudhar behera on daily wage basis. the learned tribunal in para 5 of his judgment has come to the conclusion that the deceased was working in the said truck as a labourer being under the employment of the ..... of the railway engine which was moving on the line.5. the other opposite parties do not appear to have filed any written statement.6. the learned accident claims tribunal after examining the evidence adduced by both the parties allowed a compensation of rs. 18,940/- to the petitioners. it was conceded at the trial that no compensation could .....

Ganesh Rout Vs. Union of India (Uoi) and ors.

Court : Orissa

Reported in : 76(1993)CLT281; (1994)ILLJ795Ori; 1993(I)OLR380

..... the c.r.p.f. is 'force' and if so, whether it is an 'armed force'. the c.r.p.f. was regarded as armed force, because section 3(1) of the central reserve police force act has recognised that force as an armed force. section 3(1) of the railway protection force act, 1957 (hereinafter 'the act') describes this force only as a 'force'. secondly, article 33 has permitted the ..... weighed with the authority in dismissing the public servant. it is further observed that the court has no jurisdiction if the findings of the enquiry officer or the tribunal prima facie make out a case of misdemeanour to direct the authority to reconsider that order because in respect of some of the findings, but not all, ..... swam singh v. state of punjab air 1976 s.c. 232, in paragraph 18 of which it has been stated that where the order of a domestic tribunal makes reference to several grounds, some relevant and existent, and others irrelevant and non-existent, the order will be sustained if the court is satisfied that the .....

Gayatri Projects Ltd. Vs. State of Orissa Through the Executive Engine ...

Court : Orissa

Reported in : 2004(2)ARBLR394(Orissa); 97(2004)CLT665

..... guidelines and the procedure should alone be followed and accordingly, the arbitration tribunal, if any constituted under the old act, cannot decide a dispute where the arbitration proceeding commenced after the new act came into force.8. learned counsel for the petitioner is indeed correct that no such law, namely, the orissa arbitration tribunal act, 1979 ever existed. in fact what has been printed is the ..... the agreement as regards the procedure for appointment of arbitrator, i arm unable to accept the case of the petitioner that he was ignorant about the existence of rules merely because in para 25. 3 of section 5 of the agreement, it was wrongly typed or printed that orissa arbitration tribunal act, 1979 would be followed. petitioner could have obtained clarification before signing .....

Raghunath Misra Vs. Kishore Chandra Deo Bhanj and ors.

Court : Orissa

Reported in : AIR1958Ori260

..... that of the village officers in sambalpur and mad ras areas.he placed before us some decisions of the supreme court, and the election tribunals whichare under the old act before the amendment of 1956. the corresponding provision before the amendment is section 123, clause (8), which runs as follows,--'the obtaining ..... and belonging to any of the following classes, namely: (a) gazetted officers; (b) stipendiary judges and magistrates; (c) members of the armed forces of the union; (d) members of the police forces; (e) excise officers; (f) revenue officers including village accountants such as, patwaris, lekhpals, talatis, karnamsand the like but excluding other village officers ..... intended to include sarpanches under the gram panchayats act of 1948.the above observations of the tribunal apply with greater force to the amended section 123, clause (7) (f). sarpanches under that act can clearly come under the expression 'and the like'. as observed by the tribunal in the above case, if it can be .....

Pramod Kumar Satpathy and 11 ors. Vs. State of Orissa and 16 ors.

Court : Orissa

Reported in : 104(2007)CLT696

..... and w.p.(c) no. 12484 of 2003 were filed challenging the same judgment of orissa administrative tribunal (hereinafter referred to as 'the tribunal') dated 8.5.2003. by the said judgment the tribunal held that rule 5(iv) of the orissa special armed police(method of recruitment and conditions of service) rules, 2000 has to be amended by changing the ..... and the court should be very slow to interfere in such matters. this is more so in the case of promotion in police services which is a disciplined force. the needs of a particular service or post should be left to be judged by the government. here the facts which have been disclosed show that if the ..... . such affected parties are entitled to file a fresh application under section 19 of the act before the tribunal and the tribunal cannot reject the same, merely on the grounds that the fresh application has been filed for setting aside the judgment rendered by the tribunal in an earlier case. so, if the reasoning in k. ajit babu is strictly .....

Prafulla Kumar Samal Vs. Union of India

Court : Orissa

..... he therefore, filed a petition under section 13 (1-a) of the railway claims tribunal act read with section 152 of the c.p.c. for correction of the typographical error committed in the impugned a ward. the learned ..... as originally made in view of the amended rules 5. mr. sarangi, learned counsel for the appellant submitted that the learned tribunal, in the impugned order, while rejecting the prayer of the appellant to carry out necessary correction with regard to the quantum ..... the railway authorities. on account of physical disability, the appellant was taken out of employment as a constable in the railway protection force and was accommodated in an inferior post of care taker carrying less salary, perks, privileges and promotional prospectus. the appellant thereafter ..... to the place of accident immediately in the next available goods train. he was travelling in the driver s cabin with arms on his shoulder and instructed the driver to stop the train for a while at the site of accident so as .....

Sri Balaram Dhal Vs. Union of India Rep.Through Its Secy.,railway Boar ...

Court : Orissa

..... by the opposite parties and they have taken a stand that railway protection force is an armed force of the union and strict service discipline is required in respect of a member of the force under the railway protection force act, 1957. the said act governing the appointment and powers of the members of the force also deals with discipline and conduct as well as discipline and appeal ..... , ministry of defence and others v. prabhash chandra mirdha, reported in (2012) 11 s.c.c. 565 held that: charge-sheet/show-cause notice-when can be quashed by court/tribunal-normally no.liable to be quashed as it does no.adversely affect rights of delinquent employee and does no.give rise to any cause of action. however, it can be .....