Court : Rajasthan
Reported in : AIR1969Raj95; (1968)IILLJ682Raj
..... be not competent. it was held that the only reference, which the government could have made had to be related to payment of retrenchment compensation. in the present case, the dispute is about wrongful termination of the employee's services and the demand is about reinstatement. the reference relates to it. the said supreme court decision is thus clearly inapplicable,47. the decision ..... was at all material times more than rs. 500 per month. he was, therefore, not a workman within the definition of section 2(s) of the industrial disputes act, 1947 (hereinafter called the act).4. after the termination of the employee's services, the district manager of the petitioner received a communication from the regional assistant labour commissioner and conciliation officer, jaipur, dated 3rd january .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj1
..... be a muafi land. sometime in the year 1942-43 the former jaipur state acquired some portions of these plots for the maharani gayatri devi girls public school and compensation was paid to the petitioner for the lands acquired. the remaining portion of the land together with buildings attached to it is known as jagar house. according to ..... on the principle of res judicata. 10. before i address myself to the questions argued before us, i may briefly refer to the relevant provisions of the act. 11. the act was enacted by the parliament to provide for the better administration and supervision of the wakfsit was to come into force in a state towhich it was extended ..... such persons. for the same reason, the board would not be able to recover possession of the property from such persons under section 36b of the act.' the upshot of the observations in radhakishen's case was (1) that the commissioner is not empowered to adjudicate on a question whether a particular property is a wakf property or not; (2 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj16; 1969CriLJ233
..... obiter dicta anddo not help to decide the point in theseappeals. muhammad hashim's case, air1940 sind 134 was in regard to the payment of compensation under section 250and is unhelpful for the decision of thedispute engaging my attention. harnarain singh's case, air 1958 pat 10 wasa case that was started on a police ..... the chairman, therefore, discharged his functions under the powers conferred by the act and was acting on behalf of the municipal council, jaipur when he instituted the complaint. therefore, in substance the complaint was by the municipal council through its chairman. ..... which already resided in the president of the municipal council to perform the executive functions including the function of instituting a complaint under the prevention of food adulteration act. the resolution has not therefore the effect of detracting from the power which by virtue of section 67 (d) already existed in the president.11. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj227; (1968)IILLJ398Raj
..... validity of this order the petitioner contends that it violates sections 25f and 25g of the act. the petitioner avers that although he had put in more than one year's service as contemplated by the act, neither any compensation as contemplated by section 25f of the act was paid, nor were any wages in lieu of notice required by section 25f were paid ..... is 240 days, then that workman can be considered to be such as has rendered one year's continuous service for the purposes of the act. these observations, in my view, do not support the submission that even under the amended section the employee must have actually been in the service for the statutory period of one year,. in my view, ..... not include any such person: (i) who is subject to the army act, 1950 (xlvi of 1950) or the air force act, 1950 (xlv of 1950) or the navy (discipline) act. 1934 (xxxiv of 1934): or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj161
..... that authority namely, the regional transport authority, jaipur, was eventually approached for counter signatures. while countersigning the permit, as contemplated by section 63 of the act, the regional transport authority had to proceed as if it were dealing with an application for permit and, therefore, the counsel maintains that when ii eventually ..... authority, bikaner, had absolutely no jurisdiction to entertain the application or to grant any permit in pursuance thereof as, according to section 45 of the act the application could have been filed only before the regional transport authority, jaipur in whose jurisdiction the major portion of the interregional route lay. it was ..... to be a competent body or authority when it entertained and decided the appellant's application for grant of permit over the inter-regional route. in this connection we may take note of an important fact that the act nowhere provides that a regional transport authority can grant a permit to any person .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj249
..... under article 191(1)(e) by virtue of regulation 29 framed by the life insurance corporation under section 49 of the life insurance corporation act prohibiting its employees from standing for election to the legislatures.15. the government of india has provided capital for the corporation and has large powers of supervision ..... whether this amount is called 'salary' or 'allowance' or 'honorarium.' all these expressions almost mean the same thing--according to webster's third new international dictionary -salary means :-- 1. fixed compensation paid regularly for services; 2 (a) remuneration for service given: fee honorarium: (b) reward, recompensation. allowance means:-- a sum ..... a reimbursement or bounty or as appropriate for such purposes as personal or household expenses. honorarium means:-- an honorary payment or reward usually given as compensation for services on which custom or propriety forbids any fixed business price to be set.38. members of parliament are entitled to a salary of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj99
..... the parties, for he is a tribunal selected by the parties & the power of the court to set aside the award is restricted to cases set out in s 30 of arbitration act. 1940. it is not open to the court to speculate, where no reasons are given by the arbitrator, as to what impelled the arbitrator to arrive at ..... or enunciating the principles, but in applying them to a particular situation in hand. the ground? on which an award can be challenged are contained in s. 30 of the arbitration act which reads as under:'section 30 grounds for setting aside award an award shall not be set aside except on one or more of the following grounds, ..... withdrew the appeal and agreed to go in for arbitration. the general manager, northern railway by his order dated 21-9-62 appointed shri s. p. lal, senior deputy general manager, northern railway to act as arbitrator in the dispute between the railway administration and the contractor as owing to his previous heavy engagements and pressure of official work it .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj264
..... ladhu which was resumed under the rajasthan land reforms and resumption of jagirs act, 1952 (act no. vi of 1952), which will hereinafter be referred as the act. after the resumption of the jagir, thakur balsingh filed a claim for compensation & rehabilitation grant under the act. the final award on that claim was given by the jagir commissioner on ..... considered itself bound by the majority view already expressed and, therefore, their order adopting the erroneous view is also incorrect. 10. it is urged by the petitioner's learned counsel that we should dismiss the review application on the mere ground that in that application the state did not implead all the legal representatives of the ..... that order 47, rule 5 comes into play only when the application for review is to be granted after issuing notice to the opposite party. unfortunately shri s.d. ujwal to whom the matter was referred on a difference of opinion between shri ' menon and shri gajendra singh went to the length of observing that .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj297; 1968CriLJ1449
..... in rajasthan raipatra dated september 12. 1963 and was to the following effect,--'no. d. 972 h. s. -- by virtue of the powers conferred upon the municipal council city of jaipur under section 20 of the prevention of food adulteration act, 1954, i, surya swaroop. administrator, municinal council. jaipur, hereby authorise the undermentioned food inspectors to institute ..... person upon whose application an accusation is made, if the magistrate is satisfied that the accusation was frivolous or vexatious. in that case the order to pay compensation was made against a person who was really responsible for giving the information containing the accusation but who did not directly move the court against the accused. it ..... behalf of the company, as its name had been given in the cause title in which it was further stated that the company was represented by its former employee who had retired. this is not so in the present case.19. thus the cases cited by mr. mehta have no real bearing on the point in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj5; [1967]65ITR267(Raj)
..... usage or practice shall notwithstanding the provisions of section 263, continue in force for the purpose aforesaid.'this section thus preserved the provisions of marwar land revenue act relating to succession to and transfer of estates. the tribunal was, therefore, not right in thinking that the provisions of chapter x stood repealed so that ..... succession to estates. - notwithstanding anything contained in this act sue-cession to and transfer of, an estate shall be governed and regulated by and be determined in accordance ..... land revenue act the statutory restrictions found in chapter x of the marwar land revenue act in relation to jagir lands came to an end. it does not appear that any of the parties invited the attention of the appellate tribunal to section 137 of the rajasthan land revenue act. 1956. which whs as follows :--'s. 137 .....
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