Court : Karnataka
Decided on : Oct-21-2003
Reported in : 2004(1)KarLJ353; (2004)IILLJ460Kant
..... on daily wage basis in november 1980 and worked continuously till his services were illegally terminated on 15-2-1983 without complying with provisions of section 25f of the industrial disputes act, 1947 ('act' for short). he filed an application dated 14-2-1996 before the labour officer, belgaum division, to take up the matter in conciliation ..... arena and encroach upon its function. it is a matter concerning the administrative action of the state government. there is no period of limitation provided under section 10 of the act. the tribunal is not competent to go into the question after assuming jurisdiction over the matter. it is duty-bound to decide the question on merit ..... made by the appropriate government, the supreme court observed thus:'law does not prescribe any time-limit for the appropriate government to exercise its powers under section 10 of the act. it is not that this power can be exercised at any point of time and to revive matters which had since been settled. power is to .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-21-2003
Reported in : [2004(101)FLR793]; ILR2004KAR1509
..... to first decide the workmen's entitlement and then proceed to compute the benefit so adjudicated on that basis in exercise of its power under section 33-c(2) of the act. it is only when the entitlement has been earlier adjudicated or recognized by the employer and thereafter for the purpose of implementation or endorsement thereof ..... order of termination. when the claim of the respondent is denied by the petitioner and admittedly there is no order of settlement, the application under section 33-c(2) of the act is not maintainable. after recording the said categorical finding, in the last portion of the order, the labour court proceeds on the assumption that the ..... denied. it was also contended that as there is no award or settlement under which the amounts are due to the respondent, his application under section 33-c(2) of the act itself is not maintainable and therefore they contend that the application is liable to be dismissed. thereafter an enquiry was conducted, evidence was recorded and .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-20-2003
Reported in : ILR2003KAR5019
..... of para 12 of the judgment, it is held as under:'it is only when the material so collected disclosed the commission of an offence under section 5(2) of the act by public servants, that any question of taking the sanction of the magistrate for the investigation arose. in such a situation, the continuance of such ..... case has to be examined on its own facts and circumstances. in the case supra, the questions that came up for consideration are under sections 4 and 5 of the prevention of corruption act,1947. the case against the appellants are that, they along with some others entered into criminal conspiracies to obtain for themselves or for others ..... the custody of forest brigand veerappan, the accused persons s.m.krishna and others indulged in illegal act of paying huge amount of rs. 20 crores. as per section 120b of the ipc indulgence is an illegal act for doing a legal act is also punishable as conspiracy. allegation of criminal conspiracy only without making allegation of further cognizable .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-17-2003
Reported in : 2004ACJ909; 2003(6)KarLJ370
..... in mind, however, that both the wife and the daughter had a right to claim maintenance from the deceased both under the hindu adoptions and maintenance act, 1956, as also under section 125 of the code of criminal procedure. indeed, it is well-settled that the father is under a legal obligation to maintain his child and the ..... the onus lies on him to allege and prove that his wife and the child are not entitled to the maintenance claimed. not only this, section 22 of the hindu adoptions and maintenance act, 1956, specifically provides that the liability for maintenance can be enforced against the estate of the deceased in the hands of his heirs. this ..... as a 'dependent' and also as a 'legal representative' of the deceased within the meaning of section 166(1)(c) of the motor vehicles act, 1988, for purposes of assessing compensation in a motor accident claim proceeding under the motor vehicles act, 1988, we also find support to our aforesaid view from a judgment of the punjab and haryana .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-16-2003
Reported in : ILR2004KAR634
..... concerned the court-below having declared the rights of several parties, directed the collector to make partition and separate possession of their respective shares and thereby acted in conformity with section 54 of c.p.c. in respect of the house property the court proceeded to appoint a commissioner and executed the decree by putting the plaintiff ..... context and not in isolation, nor is it possible to lay down any rule of universal application. therefore, the definition of the term 'building' under section 95(1) of the land revenue act cannot be made a basis for construing the meaning of the term 'land' as accruing in the civil procedure code.8. in w.t. commissioner a.p. ..... land. a farm house is a part and parcel of agricultural land.'this decision draws support from the definition of 'land' as contained in section 95(1) of the karnataka land revenue act, 1964 whereas in the present case we are only concerned with how the term 'building' has to be construed for deciding on the procedure .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-15-2003
Reported in : [2004]138STC62(Kar)
..... j.1. petitioner m/s. ajantha caterers is challenging the notice at annexure b. petitioner further seeks for a declaration declaring that the amended provision of section 17(4)(i), by karnataka act no. 5 of 2001, in so far as it inserts the words 'hotelier or a restaurateur operating in the same premises or premises attached to a ..... the department visited the premises on december 20, 2001 and they sought for production of books of accounts from the petitioner. they issued notice under section 29(1)(e) of the act proposing to levy tax at 10.5 per cent plus 1.5 per cent. objections were filed by the petitioner. petitioner states that the amended ..... of the statute to truncate its semantic sweep and throw out of its ambit those who obviously are within the benign contemplation of the act. salvationary effort, when the welfare of the weaker sections of society is the statutory object and is faced with stultifying effect, is permissible judicial exercise.'a reading of the judgment would show that .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-15-2003
Reported in : ILR2004KAR1081; [2004]51SCL243(Kar)
..... form 32 and sending it to the registrar were concerned, it was for the company to comply with them in conformity with the provisions of section 302 or section 303 of the companies act. where there was delay or negligence on the part of the company in intimating the registrar about the date of resignation, the director who had ..... one year before the relevant date to furnish the particulars. only if a default is committed in furnishing those particulars, the director would be punishable under section 454(5) of the act. therefore, the intention of the legislature is very clear. after the winding up order, director on the date of the winding up order commits default ..... 1990 and the records maintained with the registrar of companies shows that he continues to be the director; company has not filed form no. 32 under section 303 of the companies act as required under law. therefore, it cannot be said that the applicant ceased to be the director of the company. the affidavit of another director of .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-14-2003
Reported in : ILR2004KAR80; (2004)IILLJ35Kant
..... arise for consideration in this appeal is as to whether the encashment of earned leave can be treated as 'basic wages' within the meaning of section 2(b) of the act?8. section 2(b) of the act, which defines the 'basic wages', reads as follows:'2(b): 'basic wages' means all emoluments which are earned by an employee while on ..... of dearness allowance or payment of overtime allowance, bonus, commission or any other similar allowance payable to the employee as referred to in clause (ii) of section 2(b) of the act. the encashment of earned leave, in our view, cannot be brought within the purview of several items referred or similar to the similar matters set-out in ..... encashment availed of by the employees of the appellants forms part of the basic wages is totally erroneous in law. in this connection, he referred to us section 2(b) of the act wherein 'basic wages' has been defined. according to the learned counsel, 'basic wages' means all emoluments which are earned by an employee while on duty .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-14-2003
Reported in : ILR2004KAR162; 2004(1)KarLJ333; (2004)ILLJ945Kant
..... not examining the definition of 'wages' as stated in section 2(22) of the act. the impugned order was passed ignoring this relevant provision of law. the finding of the employees' state insurance court that the payments in question do not ..... question did not relate to non-availing of authorised leave of a particular period. even otherwise, the payments in question would fall within the ambit of section 2(22) of the act as the payments relate to authorised leave.6. in view of the above, the employees' state insurance court has committed an error in law in ..... pursuant to an arrangement entered into between the employer and the employees.5. learned counsel appearing for the respondent submitted that to come within the ambit of section 2(22) of the act, the payment should be for a specific period of authorised leave. obviously so, as the expression 'encashment of leave' itself would connote that it should .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-13-2003
Reported in : ILR2003KAR4715
..... aggrieved by the said order, the employee has filed an appeal before the educational appellate tribunal as provided under section 8(1) of the karnataka private educational institution (discipline and control) act, 1975 ('the act' for short)6. contesting respondents had filed their objections denying the assertions and allegations made in the memorandum of ..... it is unheard of an issue being framed, casting onus on the delinquent employee to prove that he is innocent and has not committed certain acts of misconduct alleged against him by the management. the tribunal considers these wrong issues and comes to the conclusion that the imposition of penalty of dismissal ..... petitioner in writ petition 6720/2000 was working as a workshop superintendent in the institution managed and controlled by the respondent society. for the alleged acts of misconduct said to have been committed by the petitioner while he was in its service, the disciplinary authority of the respondent institution had dismissed .....
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