Court : Chennai
Reported in : 2008(1)CTC681; (2008)2MLJ123
N. Paul Vasanthakumar, J.1. W.A. Nos. 82, 83 and 234 of 2007 arise from the common order made in W.P. Nos. 27148, 46406 and 27148 of 2006 respectively. W.A. Nos. 82 and 83 of 2007 are filed by one S. Jayaparvathi, claiming herself as correspondent of Evaa Memorial Teacher Training Institute. W.A. No. 234 of 2007 is preferred by one K. Ravi, who is the Agreement Holder of Evaa Memorial Teachers Training Institute.2. W.P. No. 624 of 2007 is filed by the S. Jayaparvathi, claiming herself as Correspondent of Evva Memorial Teacher Training Institute, wherein the order of the Regional Director Southern Regional committee, NCTE, dated 4.12.2006 in which the request for shifting the location of Teachers Training Institute was rejected with a consequential direction to approve the shifting of the Teacher Training Institute from Thippampatti, Pollachi Taluk, Coimbatore District to Annai Sathya Nagar, Madathukulam, Udumalapet Taluk, Coimbatore District.3. W.P. No. 14729 of 2007 is also filed by t...
Tag this Judgment!Court : Chennai
Reported in : (1984)IILLJ270Mad
ORDER1. Nellai Mavatta Cooli Thozhilalar Sangam, Tirunelveli, is the petitioner and it seeks the issue of a writ of mandamus to direct respondents 1 and 2 to register respondents 3 and 4 as principal employers of the Ware house at Tirunelveli and to provide for all amenities as prescribed under the Contract Labour (Abolition and Regulation) Act, 1970. Third respondent is a statutory corporation in which 50 percent of the shares are held by the Central Warehousing Corporation and the other 50 percent by the State of Tamil Nadu Contractors entered into agreements for providing labour force for loading and unloading operations and even though contractors have changed from time to time, the same workers continue to carry out work and, to the full knowledge of respondents 1 and 2, no beneficial provisions of any labour legislation were implemented during the past twelve years. No proper registers relating to them are being maintained either by the Contractor of the principal employer-fourth...
Tag this Judgment!Court : Chennai
Reported in : (1996)ILLJ376Mad
Raju, J. 1. These batch of cases involve for consideration identical questions of law on almost similar facts de hors the differencs and various form and nature of the relief sought for in the different writ petitions. The nature of grievance, the basis of the action and claims made and substance as well as ultimate relief sought for in all these cases are one and the same.2. The origin and historical background of the claim requires reference to understand and appreciate the grievances and the claims made in all these writ petitions. The Parliament has enacted the Apprentices Act, 1961, Central Act, 52 of 1961, hereinafter referred to as 'the Act', in order to provide for the regulation and control of training of apprentices and for matters connected therewith. Pursuant to the same, the Government of Tamil Nadu passed G.O.Ms. No. 1151 Labour and Employment dated July 18, 1979. Though under the provisions of the Act, the Employers are not under any statutory obligations to give full em...
Tag this Judgment!Court : Chennai
Reported in : [2003]117CompCas73(Mad)
ORDERA. Kulasekaran, J. 1. The above writ petitions have been filed for issuance of writ of certiorari calling for the records relating to the common order dated 3.4.1998 passed in Appeal Nos.218, 239 to 243 of 1997 by the first respondent/AAIFR and quash the same. Since the above writ petitions are filed challenging a common order, all the writ petitions are disposed of by this common order. For the purpose of convenience, the parties are arrayed in W.P.No.10342 of 1998. The facts of the case is as follows:-The third respondent mill owned spinning mill which is referred as A mill and weaving unit as B mill. The profitability of the B mill has started deteriorating from the year 1981. On the application made by the third respondent, the Government of Tamil Nadu has referred the matter in July 1992 to the Special Industrial Tribunal. The Special Industrial Tribunal has passed its award dated 28-11-1994 for closure of B mill with the condition that the workers of the said mill should be ...
Tag this Judgment!Court : Chennai
Reported in : (2009)8MLJ1119
Prabha Sridevan, J.1. The petitioners were originally employees of the Bank of Madura which has since been amalgamated with ICICI Bank, the respondent herein, and they prayed for a writ of mandamus that they should be granted pension in accordance with the Bank of Madura Employees' Pension Regulations. The prayer was not granted both on the ground of maintainability and on merits. Hence the employees have filed this appeal.2. The facts are as follows:On 30.01.1996, the Bank of Madura introduced for the first time the Bank of Madura Employees' Pension Regulations (BoMPR). This was modified in 1999, incorporating provisions relating to the optees of Bank of Madura Employees' Voluntary Retirement Scheme (VRS in short). Then on 10-03-2001, the Scheme of amalgamation of BoM with ICICI came into effect with the sanction of RBI as per the Banking Regulations Act.3. On 29-06-2001, the representatives of BoM Association and ICICI Bank worked out an agreement to facilitate the integration proces...
Tag this Judgment!Court : Chennai
This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records in pursuant to the impugned order in R.P.No.12 of 2008 dated 24.2.2009 confirming the order of the second respondent in R.P.No.1 of 2008 (E1) dated 6.10.2008 and quash the same as illegal.K.CHANDRU, J.ORDER1. The two petitioners in this writ petition have challenged an order of the first respondent, dated 24.02.2009 made in R.P.No.12 of 2008, in confirming the order of the second respondent viz., the Settlement Officer, Chennai made in R.P.No.1 of 2008 dated 06.10.2008 and seeks to set aside the same.2. In the writ petition, notice of motion was ordered on 02.04.2009 and an interim stay was granted for a limited period. Subsequently, the writ petition was admitted on 09.03.2010 and the interim stay granted was extended until further orders.3. Subsequent to the filing of the writ petition, respondents 5 to 9 got themselves impleaded vide or...
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Reported in : AIR1999Mad365; 1999(2)CTC614
ORDER1. The revision petitioners are the defendants in O.S.No.664 of 1996 on the file of the District Munsif, Ponneri and the respondent is the sole plaintiff in that suit. That suit was filed for a permanent injunction restraining the defendants from digging or erecting any post in the suit property and drawing high tension supply line in and over the suit property. Pending suit, the plaintiff filed an application namely, I.A.No. 1701 of 1996 for an interim orderwhich is more or less on the same lines as prayed for in the plaint. The learned trial Judge granted an order of injunction as prayed for. The defendants appealed in C.M.A. No. 28 of 1997 on the file of the Sub-Judge, Thiruvallur and the learned Appellate Judge dismissed the said appeal on merits. Hence the present revision before this Court at the instance of the defendants in the suit.2. I heard Mr. V. Rengapashyam, learned counsel appearing for the revision petitioners and Mr. J. Pothiraj, learned counsel appearing for the ...
Tag this Judgment!Court : Chennai
Reported in : (2001)IILLJ715Mad
R. Jayasimha Babu, J.1. The Madras Unregistered Dock General Pool Workers Scheme, 1988 as also the Madras Unregistered; Dock Clearing and Forwarding Workers' Scheme, 1998 both of which are framed under Section 4(1) of the Dock Workers (Regulation of Employment) Act, fixes the age of retirement of those governed by the scheme as 58 years. It is so provided by Clause 21 and Clause 18(1)(b) of the respective schemes. The appellant workmen who are governed by those schemes accepted the offer made by the Dock Labour Board to list their names under the schemes, which offer contained an express stipulation that the age of retirement will be 58 years.2. They, however, approached this Court nine years after the notification of the scheme when their retirement on attaining the age of 58 years was intimated to them, challenging the employer's right to retire them at that age. They contend that by reason of Clauses 41(3) and 38(3) respectively of the two schemes which, inter alia, provide that not...
Tag this Judgment!Court : Chennai
Reported in : (1981)ILLJ64Mad
S. Padmanabhan, J.1. These writ petitions raise common questions for determination. In W.P. Nos. 757 & 758 of 1980, there are some special features which will be dealt with separately. It will be convenient to deal with the facts in W.P. 4386 of 1977. The petitioner is an officer working as sub-accountant in the China Bazaar Branch of the Central Bank of India Limited. The majority of the officers of the Bank as well the other staff who are styled as the Award staff are all members of the All India Central Bank Employees' Federation. The said Federation is affiliated to All India Bank Employees Association. Pursuant to the call given by the All India Central Bank Employees' Federation, the officers and award staff staged a demonstration for a duration of 30 minutes during working hours on the morning of 11-10-1977. There was a similar demonstration for 30 minutes on 17-10-1977 and for an hour on 19-11-1977. The demonstrations were held for the purpose of pressing their demands for bonu...
Tag this Judgment!Court : Chennai
Reported in : [2000(87)FLR760]; (2000)IILLJ1646Mad
Prabha Sridevan, J.1. The question that arises for consideration in this writ appeal is whether the Christian Medical College Hospital attached to the Christian Medical College at Vellore is a 'hospital' for the purpose of application of the provisions of Minimum Wages Act, 1948, or is it an 'Educational Institution'.2. The appellant is an Association registered under the Societies Registration Act to establish, maintain and develop the Christian Medical College and Hospital in India, where students shall receive education of the higher quality, in the discipline of medicine. The: history of the Medical College and Hospital is the history of what started as a one bed clinic in 1900 by a woman with vision of Dr. Ida Scudder which grew into a forty bed hospital in two years. Since the founder of this Institution wished to train women doctors in 1906, a nurses training course was started and in 1980, a medical school for women was born. Forty two years after the birth of the one bed clini...
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