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Gopalakrishna Vs. Karnataka Soaps and Detergents Ltd.

Court : Karnataka

Reported in : ILR1995KAR2929

..... provision unrelated to the same which made the respondents' refusal patently illegal and improper.4. the obligation to pay gratuity is created by section 4(i) of the act which provides that, gratuity shall be payable to an employee on the termination of his employment after he has rendered service for not less than 5 years, on his ..... disease. sub-section 6 to section 4 starts with a non-obstinate clause and provides that the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of property belonging to the employer shall be forfeited to the extent of the damage or ..... further provides that gratuity payable to an employee shall be wholly forfeited if the service of such employee has been terminated for his riotous or disorderly conduct or any other act of violence on his part.5. a conjoint reading of sub-sections (1) & (6) of section 4 shows that the same themselves provide for forfeiture of gratuity .....

G. Chandrasekhar Vs. Chairman and Managing Director, Indian Telephone ...

Court : Karnataka

Reported in : [2000(84)FLR382]; ILR1999KAR4468; 1999(5)KarLJ705; (2000)IILLJ1168Kant

..... and disciplinary action rules does is to give expression to what can even otherwise be said to be implicit in the provisions of section 4(6) of the act'.in d.k. savitramma v anantapur district co-operative central bank limited, anantapur and another , the question that arose was whether disciplinary proceedings pending against an employee ..... that the proceedings are either illegal or an exercise in futility.7. the next question then is whether the withholding of the amount of gratuity payable under the act, is justified having regard to the fact that no termination order has so far been issued. according to the petitioner, no termination order is in existence nor ..... from service, the respondent-company was not entitled to continue the enquiry proceedings or to withhold the amount of gratuity payable to him under the payment of gratuity act, 1972. he urged that the situations in which the amount of gratuity payable to him could be forfeited were limited to those stipulated under section 4(6) .....

Mr Sadiq Pasha Vs. State Of Karnataka

Court : Karnataka

..... other person, or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment of either description for a term which ..... of a crime in crime no.137 of 2022 registered for offences punishable under section 285 of the ipc, section 7 of the essential commodities act, 1955 ( the act for short) and clause 3 of the motor spirit and high speed diesel (regulation of supply, distribution and prevention of malpractices) order, 1998 ..... purpose of this clause, production with its grammatical variations and cognate expressions includes manufacture of edible oils and sugar; (emphasis supplied) section 3 of the act deals with powers to control production, supply and distribution of essential commodities. the provision mandates that control production, supply or even distribution of essential commodities should .....

B. Yoganandam, Tumkur. Vs. the Divisional Controller, K.S.R.T.C. Tumku ...

Court : Karnataka

..... employee. however, neither under the payment of gratuity act nor under the settlement, there is any provision made that the entire dearness allowance to be added to the basic pay, but the merger of dearness allowance ..... between the corporation and its employees. admittedly, the payment of gratuity claimed by the petitioner is not in terms of the provisions of the payment of gratuity act, but in terms of the settlement. the contention of the learned counsel for the petitioner that the dearness allowance means, the dearness allowance paid last to the ..... gratuity under the contract-option is to receive gratuity either under statute of under contract, but not best of the both.9. though the payment of gratuity act provide for determination of gratuity, however, it does not preclude the management or the industry from adopting different method of calculating the gratuity, but at any .....

Power Grid Corporation of India Ltd., Vs. Devendrappa S/O Channabasapp ...

Court : Karnataka Dharwad

..... the hon ble supreme court in the case of kerala state electricity board vs. chinamma antony reported in air2008sc32651while considering the provisions of the electricity act and the telegraph act, for determination of compensation for loss of diminution in land value on account of drawal of electricity lines over property, has held that the ..... kambarganavi villages and the respondent corporation situated at kaiga narendra transmission line and erected the tower transmission line by issuing notices under the indian telegraph act, 1885. they also enquired about the consent of the petitioners and the petitioners have given the consent for erecting the tower transmission line in ..... clubbed together and disposed of by this common order.4. the petitioners claimants filed applications under section 16(3) of the indian :12. : telegraph act, 1885 read with section 151 of the code of civil procedure, 1908 for compensation for use of their lands for erecting electrical tower and transmission line .....

Mukunda Vs. Managing Director, K.S.R.T.C.

Court : Karnataka

Reported in : ILR1986KAR769; (1986)ILLJ470Kant

..... like 'spare men' who are not 'employed' while waiting for a job; conlon v. glasgow, 36 scott l.r. 652, vallabhdas kanji (p) ltd., v. esmail koya, 1978 lab ic 809 (kar) taking the view to the contrary does not appear to lay down a good law. accordingly, we uphold the view that the badli employees are not ..... [1986-i l.l.j. 195] is not applicable to these cases since that decision was rendered by this court after the amendment to s. 2(oo) of the act, by act 49/1984. 11a. the learned counsel for the corporation invited my attention to the decision of this court in k. v. r. shetty v. secretary, home department [ ..... the words employed in any industry. the very words 'persons employed' came up for consideration before the supreme court under the provisions of the andhra pradesh (telengana area) shops & establishments act in silver jubilee tailoring house & others v. chief inspector of shops & establishments and another : (1973)iillj495sc . the supreme court held as follows : 'the right to control .....

Bhalachandra Krishnaji Kale Vs. the Karnataka State Road Transport Cor ...

Court : Karnataka

Reported in : [1999(81)FLR330]; ILR1999KAR178; 1998(6)KarLJ207; (1999)ILLJ932Kant

..... grounds. petitioner in fact honourably retired from service after attaining the age of superannuation after serving his employer for nearly three decades. under the provisions of the act, the gratuity amount payable to an employee can be wholly or partially forfeited only on two grounds; one is if the services of an employee has been ..... the amount can be recovered with compound interest at such rate as the central government may, by notification specify.10. having briefly noticed the provisions of the act and its implication, let me now first advert to the claim of the petitioner for a direction for payment of balance of gratuity amount. petitioner retired from ..... settlement and disbursement thereof must be visited with the penalty of payment of interest at the current market rate till actual payment'.6. the payment of gratuity act, 1972 is enacted to introduce a scheme for payment of gratuity for certain industrial and commercial establishments as a measure of social security. there is no .....

M.T. Narayanagowda Vs. Smt. Machamma

Court : Karnataka

Reported in : ILR2005KAR182; 2005(6)KarLJ116

..... with special jurisdiction and under particular enactment with a definite purpose, in the instant case under the karnataka rent control act, 1961 should be aware of the scope of their jurisdiction and guard against unscrupulous litigants abusing the provisions by invoking the jurisdiction of such special tribunals for ulterior purpose. what a ..... also.8. sri jayakeerthi, learned counsel appearing for the petitioner urged the ground that the trial court lacked jurisdiction under the provisions of the act inasmuch as the act itself was not attracted in the absence of valid relationship of landlord and tenant as between the petitioner and the respondent. therefore, the ..... landlord as between himself and the petitioner, but, has for answering this question proceeded on an irrelevant consideration namely that while the respondent has not acted upon the agreement to acquire ownership either through a suit for specific performance or otherwise, the petitioner on the other hand has acquired title to .....

Rafel Del Riyo Managing Director Vs. The State Of Karnataka

Court : Karnataka Dharwad

..... , pending before the senior civil judge & jmfc, byadgi, haveri district for offences punishable under section 6(a) read with section 19(a) of the seeds act, 1966 ( the act for short).2. brief facts, as projected by the prosecution, are as follows: the petitioner is in the business of production and distribution of seeds. the ..... v. state of madhya pradesh [(1981) 3 scc72; and calcutta municipal corporation v. pawan kumar saraf [(1999) 2 scc400 all under the prevention of food adulteration act of 1954. it cannot be gainsaid, therefore, that the respondents in these appeals have been deprived of their valuable right to have the sample tested from the central ..... liable to be proceeded against and punished accordingly: provided that nothing contained in this sub- section shall render any such person liable to any punishment under this act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence. (2) .....

The General Manager (p) Vs. The Appellate Authority Under

Court : Karnataka

..... respondent no.2 belongs to yadav community (golla community) and such caste would fall under the schedule tribe category or not?. consequently, caste certificate dated 19.7.1978 was cancelled in a proceedings dated 7.9.2017 initiated by the district caste and income verification committee. on 27.09.2017, services of respondent no.2 were ..... rajendra was appointed as a clerk with the petitioner-bank on 24.7.1981 under schedule tribe category. in that regard, he had furnished caste certificate dated 19.7.1978. the petitioner - bank initiated enquiry by framing charges and issuing charge sheet on 12.3.1990 on the allegations that respondent no.2 is alleged to have submitted ..... 1978 was cancelled on 7.9.2017 by the district caste & income verification committee. pursuant to the cancellation of caste certificate of respondent no.2, petitioner-bank proceeded to terminate the services of respondent no.2 and cancelled the order of appointment issued 6 to him on 1.7.1981. section 4(6)(b)(ii) of the act .....