Court : Chennai
..... the pendency of the special leave petitions will not be an impediment for the high courts to entertain the writ petitions against the orders of the armed forces tribunal.15. therefore, the learned advocate general stated that the issue of maintainability is not so far finally decided, either by this court or by the ..... dispute, land reforms, elections, essential goods, etc.18. in pursuance of the power so vested under article 323a, the parliament enacted the administrative tribunals act, 1985. the act created the tribunal as a substitute for the high court and ousted the jurisdiction of all courts including that of the high court under article 226. therefore, ..... of jurisdiction' clauses in all similar enactments also as unconstitutional.35. therefore, if the parliament had actually included in section 29 of the national green tribunal act, 2010, a specific exclusion of the jurisdiction of the high courts under articles 226/227, the same would have been hit by the express declaration .....
Tag this Judgment!Court : Chennai Madurai
..... the requirement of burden of proof, namely, preponderance of probability. the hon'ble division bench of this court in the case of union of india vs. central administrative tribunal, reported in (2005) 4 mlj 104 has held that in a departmental enquiry, the guilt can be arrived at on the preponderance of probability and that that the ..... into the case, he was issued a charge memo. ii) it was submitted that the petitioner worked as a head constable in armed reserve, ramanathapuram and was one among the people of the sp-striking force; that on the instruction of the superintendent of police, ramanathapuram, he was assigned the duty in respect of the accused detained at ..... unless it is set out in the charge memo including the time, place and the context. 6. learned special government pleader would contend that due to the wrongful act of the 1st petitioner, it has brought great disrespect to the entire police machinery, pursuant to which, this court, while ordering compensation of rs.1,00,000/- .....
Tag this Judgment!Court : Chennai
..... this court to paragraph 193 of the award, which gives conclusion on this aspect. 26. with regard to other factual issues, it was submitted that the tribunal considered those aspects and rendered findings. in fact, the learned counsel referred to certain paragraphs of the arbitral award to substantiate his contentions and submitted that there ..... to resist the execution of the award. the issues argued by the judgment debtor were on the basis of intrinsic material available on record. i find no force in any of the issues raised by the judgment debtor. the present award is held executable. the bank guarantee issued by the judgment debtor in favour ..... not contrary to any public policy in india. therefore, in terms of section 47 of the act, the present petition has been filed. 8. the shriram - the respondent, in their counter statement, would contend that the arbitral tribunal allowed the claims made by the petitioner overlooking the settled legal proposition and erroneously considering the scope .....
Tag this Judgment!Court : Chennai
..... written arguments. 55. as regard the objection regarding the maintainability of the interim relief, it would be seen that under section 10(4) of the industrial disputes act, the tribunal has power to decide the question incidental to the terms of the reference referred for adjudication and as in the instant case, one of the terms of references, ..... our view, does not appear to be justified. when the salaries of the managerial class which being increased multifold running to lakhs and crores of rupees, the work force which constitute the backbone of the company, cannot be deprived of their due share and cannot be treated thus, unfairly. although this court conscious that the final adjudication ..... points referred and that as the question of interim relief was not referred to it, it could not adjudicate upon that. we are of opinion that there is no force in this argument, in view of the words "incidental thereto" appearing in s. 10 (4). there can be no doubt that if, for example, question of .....
Tag this Judgment!Court : Chennai Madurai
..... compensation for the victims, who were travelling in a private car, in view of the fact that ''act only policy'' was in force. the fact regarding ''act only policy'' was admitted and proved by the insurance company before the tribunal and further, the fact that the victims in the accident were travelling in the ambassador car, was also ..... not disputed by the parties before the tribunal. in view of these admitted facts before the tribunal, the appellant insurance ..... this court is of the view that the fixation of liability on the part of the appellant insurance company by the tribunal, is in violation of section 147(1)(ii) of the motor vehicles act, which states that in order to comply with the requirements of this chapter, a policy of insurance must be a policy .....
Tag this Judgment!Court : Chennai Madurai
..... of the above legal position, the impugned awards dated 20.02.2007 made in mcop.nos.1252 and 1253 of 2004 on the file of the motor accident claims tribunal, (additional district judge), (fast track court no.1), tirunelveli, are set aside. it is clarified that in respect of compensation, the owner of the vehicle alone ..... property of a third party, a limit of rupees six thousand : provided that any policy of insurance issued with any limited liability and in force, immediately before the commencement of this act, shall continue to be effective for a period of four months after such commencement or till the date of expiry of such policy whichever is ..... occupants of the private vehicle, who are deemed to be gratuitous passengers and they are not entitled for any compensation from the insurance company, but the tribunal in violation of the abovesaid statutory provision, erroneously found that they are only third parties and entitled for compensation. such findings are in violation of section 147 .....
Tag this Judgment!Court : Chennai
..... preparation of patta copies cash challan and remitting the challans to bank for cashiers; l) maintenance of datas regarding collection of donation in respect of stamps of armed forces etc; m) generating weekly data back up and monthly data back up and handing over of monthly back up to the head office; 10. the second ..... possible, allow them to continue to work, instead of disengaging. authorities are also directed to consider the object of the scheme and act accordingly. while sustaining the directions issued by the tribunal, we only wish that our observations made in the context of mitigating circumstances of the weaker section be taken note of in future ..... plight of the second respondent, dependability of his income by the family, nature of multifarious duties performed for nearly 10 years, as rightly observed by the tribunal, it cannot be said that he was charged to a specific work only, for not including his name for regularization under the puducherry casual labourers (engagement and .....
Tag this Judgment!Court : Chennai Madurai
..... 0.6 kms., for which, a minibus permit cannot be issued. 5. continuing his arguments, learned counsel would submit that the tribunal failed to consider the provision under section 99(2) of the motor vehicles act (newly inserted by act 54 of 1994 with effect from 14.11.1994) which states that notwithstanding anything contained in sub- section (1) of section ..... that power. but, although the director in the case before the supreme court exercised that power subsequent to august 18, 1975 on which date, the amendment came into force, it cannot be said that the selection made by him was illegal since the amending law had no retrospective effect, because, it did not have any effect on the ..... a contention put forth by the other side that from 10.03.2010, the new comprehensive scheme had come into force and hence, no minibus permit could be issued having regard to section 99(2) of the motor vehicles act, mr.palani would cite a decision of the apex court in a.a.calton v. director of education (1983 .....
Tag this Judgment!Court : Chennai
..... environment tribunal act, 1995 (ii) national environment appellate authority act, 1997 32. apart from repealing the above 2 enactments expressly under sub ..... under section 33, which reads as follows: "33. act to have overriding effect - the provisions of this act, shall have effect notwithstanding anything inconsistent contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act." 31. section 38 of the national green tribunal act, 2010, repeals the following enactments: (i) national .....
Tag this Judgment!Court : Chennai
..... we to hold that an award given on a matter in controversy between the parties after full hearing ceases to have any force if either of them repudiates it under section 19(6), and that the tribunal has no option, when the matter is again referred to it for adjudication, but to proceed to try it de novo, ..... of the notice of discharge dated 30-10-1971. it is significant that the workmen did not claim before the first tribunal the relief of reinstatement or compensation under section 25-f of the act even though the factory had been reopened in 1972 before the first award was passed but only confined their relief to compensation ..... 09.2002, directed the authority concerned to consider the representation of the appellant association in the light of the statutory provisions of the contract labour (regulation and abolition) act, 1970. when the appellant association has clearly admitted in w.p.no.12803 of 1997 that their employees are contract labourers, they cannot take a different stand after .....
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