Court : Karnataka
..... by the army act.6. the question as to whether a punishment of confinement to civil lines could have been directed or not should not detain us as we agree with the ..... in the first inquiry.5. if the above be the admitted position, in our considered opinion, the first respondent could not have, in a mechanical fashion, exercised the power under section 14-a of the karnataka civil services (c.c.a.) rules, 1957 (for short kcs (c.c.a.) rules, 1957, which reads as under:- [14-a. ..... a second inquiry after having found that the charges have been partially proved in the first inquiry. it was, furthermore, contended that in the central reserve police force act and the rules framed thereunder, there does not exist any provision for imposition of punishment of confinement to civil lines which was applicable only to the persons governed .....
Tag this Judgment!Court : Karnataka
..... be a proper party to a proceedings under section 13(1)(i) of hm act. the family court and the learned single judge merely concentrated on the fact no relief was sought against the second respondent. they therefore considered ..... court would be in a better position to effectually and completely adjudicate upon the controversy. nor can it be said that in a proceeding under section 13(1)(i) of hm act, when the spouse and alleged adulterer are impleaded as respondents, the alleged adulterer is improperly joined as a respondent. therefore the alleged adulterer will ..... hindu marriage (karnataka) rules, 1956 not contemplating or requiring that the alleged adulterer should be impleaded as a respondent in a proceeding filed under section 13(1)(i) of the act, he being neither a proper party nor a necessary party. family court having allowed ia.no.iv and directed deletion of respondent no.2, .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR2269; 1998(1)KarLJ191
..... or (d) where such person is to be employed on nominal wages and will be in the charge of his father or other adult near male relative'. (iv) section 45 of mines act, 1952:-- '(1) no child shall be employed in any mine, nor shall any child be allowed to be present in any part of a mine which is below ..... in law as well. as a matter of fact, the government of karnataka in its notification dated 16-12-1996, fixing minimum wages for hospital employees under section 3 of the minimum wages act, has fixed 60% of the wages fixed for adults as the minimum wages for children. in other cases, where he cannot thus be employed at all, ..... enactments enacted by the state to prevent child labor. the provisions thereof have been culled out in the abovesaid judgment of the supreme court. in particular, they are: '(i) section 67 of factories act, 1948: 'prohibition of employment of young children.--no child who has not completed his fourteenth year shall be required or allowed to work in any factory'. (ii .....
Tag this Judgment!Court : Karnataka
Reported in : [1989(59)FLR1]; (1989)IILLJ179Kant
..... whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person - (i) who is subject to the air force act, 1950, or the army act, 1950, or the navy act, 1957; or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed ..... of his service was penal in nature and was not as all justified. the state government referred the dispute raised by the employee for industrial adjudication under section 10(1) of the act by an order made on 21st november 1983. the points of dispute referred for adjudication were : 'i. are the management of messrs wockhard private ..... the dispute substantially arises within jurisdiction.' in our opinion, those principles are applicable for deciding which of the states has jurisdiction to make a reference under section 10 of the act.' applying the above principles to the facts of this case, it is quite clear that the subject-matter of the dispute in this case substantially .....
Tag this Judgment!Court : Karnataka
..... be a proper party to a proceedings under section 13(1)(i) of hm act. the family court and the learned single judge merely concentrated on the fact no relief was sought against the second respondent. they therefore considered ..... court would be in a better position to effectually and completely adjudicate upon the controversy. nor can it be said that in a proceeding under section 13(1)(i) of hm act, when the spouse and alleged adulterer are impleaded as respondents, the alleged adulterer is improperly joined as a respondent. therefore the alleged adulterer will ..... hindu marriage (karnataka) rules, 1956 not contemplating or requiring that the alleged adulterer should be impleaded as a respondent in a proceeding filed under section 13(1)(i) of the act, he being neither a proper party nor a necessary party. family court having allowed ia.no.iv and directed deletion of respondent no.2, .....
Tag this Judgment!Court : Karnataka
Reported in : (1983)ILLJ30Kant
..... dismissal discharge or retrenchment has led to that dispute but does not include any such person - (i) who is subject to the army act, 1950, or the air force act, 1950 or the navy (discipline) act, 1934; or (ii) who is employed in the police service or as an officer or other employee of a prison; or ( ..... approach. while canons of traditional sanctity cannot wholly govern, courts cannot go haywire in interpreting provisions, ignoring the text and context.' 'a break-down of section 2(oo) unmistakably expands the semantics of retrenchment. 'termination for any reason whatsoever' are the key words. whatever the reason, every termination spells retrenchment. so ..... immediately after the management proceeds to appoint one or more persons on probation to the same category after the appointment of the first probationer. the section does not require that for purposes of discharging a probationer found unsuitable, the industry should discharge the service of even the probationers found suitable just .....
Tag this Judgment!Court : Karnataka
..... did not permit the respondent to encash 240 days of earned leave. hence, the respondent filed an application before central government industrial tribunal -cum- labour court under section 33c(2) of the industrial disputes act, 1947. the tribunal held that the respondent is not entitled to encashment of 240 days of earned leave. hence, the respondent herein filed the instant writ petition ..... residing at giridhama no.239/1, sharanappa layout tiptur 527 201 ... respondent (by sri.k.b. narayana swamy, advocate) this writ appeal is filed under section4of the karnataka high court act praying to2set aside the order dated0311.2016 passed by the learned single judge in writ petition no.12961 of2015l-res) and consequently dismiss the writ petition with costs. this writ .....
Tag this Judgment!Court : Karnataka
..... regard to the judgment relied upon in the case of ranjit thakur v. union of india and others, air1987sc2386 while considering the provisions of section 130 of the army act, the honble supreme court held as to the tests of the likelihood of bias what is relevant is the reasonableness of the apprehension in ..... of arbitrators is not forthcoming and on that ground also, these civil miscellaneous petitions cannot be entertained exercising powers under section 11(6) of the act. under sub-section (2) of section 15 of the act, where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules and were ..... arbitrators. since the petitioners have participated in the proceedings before the arbitrators by filing objections, the petitioners have waived the provisions of sub-section (5) of section 12 of the act. on that ground alone, civil miscellaneous petitions are liable to be rejected. it is further contended that once the arbitrators are appointed, .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1972Kant73; AIR1972Mys73; (1971)2MysLJ373
..... registration certificate of the vehicle on 4-9-1965.according to the tribunal, the hirer, sampathrai bothra, should be regarded as the owner of that vehicle under section 2 (19) of the act. in that view, the tribunal held that the only person who would be liable to pay damages was respondent-1, the driver of the vehicle, and that ..... tribunal under section 110-a of the act claiming a compensation of es. 3,000/- for her personal injuries. in both these petitions, it was alleged that the accident was due to rash and negligent ..... his wife ariyamma sustained injuries.3. the legal heirs of chinniah including ariyamma, filed before the tribunal a petition (in misc. case no. 439 of 1966) under section 110-a of the act claiming a compensation of rupees 10,000/- for the death of chinnaiah, ariyamma filed a separate petition (in misc. case no. 438 of 1966) before the same .....
Tag this Judgment!Court : Karnataka
Reported in : [2002(94)FLR1183]; ILR2002KAR3573; 2002(4)KarLJ497
..... dismissal, discharge or retrenchment has led to that dispute, but does not include any such person--(i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950) or the navy act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer or other employee of a prison; or ..... nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature'. 'retrenchment' has been defined under section 2(oo).' 'retrenchment' means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of ..... the termination by the employer of the service of the workman for any reason whatsoever other than those expressly excluded by the definition in section 2(oo) of the act would attract section 25-f of the act'; again at para 11 held, 'thus it is clear from the above said decision and most specially the two decisions of the supreme .....
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