Court : Orissa
Reported in : 103(2007)CLT697; 2007(I)OLR816
..... , she was served with the letter under annexure-4 intimating her that she has been dis-engaged from the post of anganwadi worker by the collector. on amending the writ petition, the petitioner has challenged both the orders, under annexure-2 as well as annexure-4 on the ground that the shifting of the petitioner ..... villagers also made a representation to the minister, women and child development department, government of orissa who forwarded the same to the collector, ganjam on 3.7.2007.6. from the said representation, it appears that the main allegation of the villagers was that the mahila sabha which recommended the petitioner, was conducted without the ..... the petitioner basing on which he came to the conclusion that the petitioner should be disengaged and that too, attaching a stigma on the petitioner that she has acted in disobedience to the orders of the authorities, the order of disengagement of the petitioner from the post of anganwadi worker at madhuruchua centre cannot be sustained. .....
Tag this Judgment!Court : Orissa
Reported in : 2007(4)ARBLR490(Orissa); 104(2007)CLT140
..... other contractors to pay the labourers engaged by them for execution of railway contract works according to the enhanced wages as stipulated under the revision of minimum wages act. according to learned counsel for the appellant in consonance with the said letter in fact all the labourers engaged in the work were paid wages according to enhanced ..... high ranking officers of the railways held as follows:the general conditions of the contract enjoin upon the contractor to comply with the provisions of payment of wages act. further, the railway is the principal employer in any contractual work and it is also the railway's responsibility to see that the wages are paid to ..... case no. 249 of 1999. the main ground on which the award was challenged by the respondent was that, in the absence of any escalation clause the arbitrators acted illegally and with material irregularity in awarding a sum of rs. 8,33,070/- in favour of the appellant towards escalation of minimum wages for the labourers. this .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT191
..... : the state pollution control boards have been nominated as the prescribed authority for granting authorization and implementing the rules. (as per the second amendment, june 2000).authorization: every occupier, except those providing treatment/ service to less than 1000 patients a month, and every operator of a ..... a population of more than three millions, these cities were unable to achieve anything significant, the said period was extended by a second amendment brought to the rules on 2.6.2000. some of the major changes made, included defining the role of the municipal body of ..... management and handling) rules, 1998 was framed in exercise of the powers conferred by sections 6, 8 and 25 of the environment (protection) act, 1986 and disposal of such waste in the various hospitals and nurshing homes of the' state are to be periodically checked by the state ..... board in curbing such menace.this matter shall be listed in the first week of february, 2007 for further hearing.s.b. roy, c.j.11. i agree. .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT351
..... fixed for filing claims and objections. after disposal of claims and objections filed before the electoral registration officer, he will compile the same and make necessary amendment to the preliminary electoral roll and prepare draft electoral roll and that be kept open for inspection in the office of grama panchayat as well as in ..... person is disqualified to be in the electoral roll, if any of the disqualification clauses provided in section 16 of the representation of the people act, 1950 (in short 'the act 1950') is attracted. since no such disqualification clause is applicable to the case of the petitioner, she could not have been disqualified and ..... stating that the provision in the orissa grama panchayats election rules, 1965 (in short 'the rules, 1965') and the provisions in representation of people's act, 1950 (in short 'the act, 1950') were not properly followed, petitioner has sought for the relief already indicated above.3. in a misc. case, contention was raised by the .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori115; 104(2007)CLT197
..... the recovery officer. but since this present writ petition has been moved and the division bench of this court has been pleased to pass interim order on 21.2.2007, the sale has not been confirmed as the hon'ble court has directed that the sale shall not be confirmed without leave of this court.8. these are basically ..... is exhausted, a party should not invoke the extraordinary jurisdiction of the court.16. in the instant case, the petitioners have a right of appeal under section 20 of the act and that should have been exhausted. (see judgment of the supreme court in punjab national bank v. o.c. krishnan and ors. reported in : air2001sc3208 ). but without ..... is dismissed and the interim order stands vacated. but this will not affect the petitioners' right to approach the appellate forum under section 20 of the act in accordance with law. misc. case no. 1503 of 2007 is also dismissed.office is directed to send back the lower court records to the tribunal immediately.i. mahanty, j.18. i agree. .....
Tag this Judgment!Court : Orissa
Reported in : 2007(II)OLR648
..... sole method for gender determination.it would be profitable to note that in the meantime. the act and the rules framed thereunder have been amended in 2002. the other piece of legislation which governs the field is the medical termination of pregnancy act as amended in 2002.10. now coming to the facts of the present case, it would appear from ..... made against the petitioner in the light of the observations made above as well as taking into consideration the fact that the petitioner is in custody since 31.7.2007 and is a government servant, posted at bhubaneswar as addl. chief district medical officer, there is no apprehension of his absconding, it is directed that the petitioner ..... surety for the like amount to the satisfaction of the learned s.d.j.m., nayagarh in g.r. case no. 449 of 2007 arising out of nayagarh p.s. case no. 244 of 2007.17. it is needless to mention that the observations made above with regard to the allegations against the petitioner will not influence the trial .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT300
..... the defendant-appellants appeared in the suit and filed their written-statement. during pendency of the suit the plaintiff-respondent filed a petition with a prayer to amend the plaint, which having been allowed the court below permitted the defendant-appellants to file their additional written statement, if any. but for reasons best known to ..... collector, land acquisition, anantnag v. mst. katiji reported in : (1987)illj500sc , held that the expression 'sufficient cause' employed by the legislature in the limitation act is adequately elastic to enable the courts to apply the law in a meaningful manner which sub-serves the ends of justice that being the life purpose for the ..... miscellaneous appeal challenging the order of dated 4-5-2000 passed by the said court dismissing a petition filed by them under section 5 of the limitation act accompanying a petition filed under order 9, rule 13 cpc and consequently dismissing the petition filed under order 9, rule 13 cpc.2. the respondent as .....
Tag this Judgment!Court : Orissa
Reported in : 2007(II)OLR293
..... view of the above, as per the settled principles of law, keeping in view the decision of the supreme court vis-a-vis section 149(4) of the motor vehicles act, the insurance company is liable/bound to pay the amount of compensation along with interest at the rate of 12% per annum in terms of the compromise, since the settled ..... death of one shrimati naik, who died in a motor vehicle accident on 21.03.1996, the claimant/opposite parties filed an application under section 166 of the motor vehicles act claiming compensation of rs. 1,50,000/-. the claim was settled in lok adalat on 21.6.1997 for a sum of rs. 85,000/- and accordingly the award/order .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT631; (2007)212CTR(Ori)265; 2007(II)OLR566
..... of law framed in the present proceeding be answered in favour of the assessee by holding that the initiation of the proceeding under section 147(a) of the act was invalid. in support of the aforesaid prayer, the learned counsel essentially advanced the following contentions:that, the hon'ble tribunal without going to the question as ..... under section 147(3) was valid and proper thereby quashing the appellate order dated 18.3.1987 and restoring the assessment order under section 143(3) of the act passed by the10. the present application filed by the petitioner and the question of law, as has been noted hereinabove arises from the impugned order of the ..... to provide certain information and also examined the petitioner under oath in his capacity as 'karta' of his family and completed assessment under section 143(1) of the act on 31.3.1979, i.e. after three and half years of getting such information from the superintendent of police, koraput. learned counsel for the petitioner further asserts .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT763; (2008)ILLJ452Ori
..... 11. the learned counsel also relied on the decision in the case of indian drugs &. pharmaceuticals ltd. v. workmen, indian drugs & pharmaceuticals ltd. reported in : (2007)1scc408 . that judgment was in the realm of public employment, namely, employment to which articles 14, 16 and 309 are applicable. in the instant case we are dealing ..... under article 226 is not the same as that of adjudicatory authority which is vested in a tribunal on a reference under section 10 of the act. the court can in exercise of its certiorari jurisdiction only examine whether the award of the tribunal suffers from any jurisdictional error or has been rendered ..... reported in : (2001)iillj1087sc . that was a case, which discussed the consequences of a notification under section 10 of the contract labour (regulation and abolition) act, 1970. the learned judges held that as a result of such a notification prohibiting employment of contract labour in a government company, the contract labour who were appointed .....
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