Court : Orissa
..... port trust are entitled to participate in the election process of election of two worker representatives to the board of trustees of paradip port trust. section 3 of the major port trusts act, 1963 provides for constitution of board of trustees. the board of trustees shall consist of a chairman to be appointed by the central government, ..... an option can be considered for meeting the additional requirement of c & f workers. if the number of workers opting to come over to the c & f section is more than the requirement, selection should be made on the basis of their inter se seniority among the standby list workers. in absence of record of seniority, ..... one deputy chairman or more, as the central government may deem fit to appoint and except in bombay, calcutta and madras not more than seventeen persons. proviso to the section prescribes .....
Tag this Judgment!Court : Orissa
..... therefore, it is submitted by the learned counsel for the respondents that as it is not a retrenchment within the definition of section 2(00) of the act, neither the provisions of section 25f nor section 25-f nor sections 25-g & h is attracted to the facts of the case and therefore, on this ground also the workman is not ..... employer has failed to produce any documents to prove that the termination of employment fell within the definition of sub-clause (bb) of clause (00) of section 2 of the act and non production of such material evidence would amount to retrenchment. it is further contended that the aforesaid decision has not been properly considered by the labour ..... decisions held as under :"14. the precise question to be decided, therefore, is whether on a proper construction of the definition of "retrenchment" in section 2(00) of the act, it means termination by the employer of the service of a workman as surplus labour for any reason whatsoever, or it means termination by the employer .....
Tag this Judgment!Court : Orissa
..... of cognizance, which is impugned herein. - 6. learned counsel appearing for the petitioners submitted that it is well settled that powers under section 482, cr.p.c. has been vested on the high court to act ex debito justifies i.e to do real and substantial justice for the , administration of which alone it exists, or to prevent abuse ..... to that person in body, mind, reputation or property. on a reading of the aforesaid section, it is manifest that in the definition there are two separate classes of acts which the person deceived may be induced to do. in the first class of acts he may be induced fraudulently or dishonestly to deliver property ( to any person. the ..... as the interpretation made by the hon'bie t supreme court on section 415,lpc in the case of inder mohan goswami & anr. (supra) it is clear that the acts alleged against the accusedpetitioners do not come under either by the two classes of acts covered under section 415,lpc. on a perusal of the complaint petition itself as well .....
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..... occupants of suit no.1 and room nos.202 to 205, namely petitioner, and above said two persons and seven to eight unsocial elements, being armed with guns and explosive, fired gun shots in order to kill them. p.w.3 sustained gun shot injury on his right thigh. the accused persons also mercilessly assaulted the informant and his ..... cr.p.c. without considering other materials available on record.13. in rakesh and another (supra) it has been held that the word "evidence" occurring in sub-section (1) of section 319 of the cr.p.c. is used in a comprehensive and broad sense which would also include the materials collected by the investigating officer and the materials or ..... manas daspattanaik fired gun shots. on completion of investigation, charge-sheet was submitted against accused ananda rai only for commission of offences under sections 307 and 338 of the i.p.c. read with section 27 of the act.3. it appears that complaint case bearing i.c.c. no.62 of 2006 was filed in the court of learned s.d .....
Tag this Judgment!Court : Orissa
..... below makes it abundantly clear that learned court below has proceeded routinely observing ordinary procedures meant for normal accused persons. in course of examination of the petitioner under section 313, cr.p.c. learned court below has tried to satisfy the form and procedures in the same fashion without being alive to the onerous responsibility cast on ..... the learned sessions judge. learned ad hoc addl. sessions judge, jeypore on transfer of the matter to him, heard the parties, confirmed the conviction and sentence recorded under section 324, i.p.c. and dismissed the appeal.3. learned counsel for the petitioner assails the impugned judgment on different grounds, both on merit and on procedural lapses. ..... is deaf and dumb and he is not in a position to understand the proceedings. in other words, the court concerned may act suo motu on the basis of materials on record or it may act on the basis of motion by the accused concerned or the prosecution.7. onerous duty being cast on a court to do .....
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..... the government for imposing fine on deciding a complaint. the complaint filed, if any, is to be dealt with as provided under section 5 (2) of the act.6. reading of section 14 of the act discloses that government is authorized to issue direction to any private professional educational institution as in its opinion are necessary or expedient for ..... the said portion of the order, as stated above, passed by the government, is wholly without jurisdiction and contrary to the provisions of the act. he submits that section 14 of the act does not contemplate imposition of such a bar on any institution by the government and the only provision under which such fine/penalty can be ..... 27.5.2009 came to the conclusion that the management of purushottam institute of engineering and technology, rourkela have contravened the provisions of the sub-section -1 of section 5 of the said act and recommended to government for imposing a fine of 5 times the fee charged by the institution which comes to rs. 5.40 lakhs. .....
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..... are governed by the state government whereas major ports are governed by a board of trustee, which is nominated under section 3 of the m.p.t. act by the central government. uner section 28 of the said act the board of directors has been given the power to frame rules and the scheme regarding payment of gratuity, ..... in course of hearing, learned counsel for the petitioner-trust emphasized that the expression "major port" in clause-(a) of sub-section (3) of section 1 of the payment of gratuity act, which provides for the application of the act to factories, mines, shops, etc. learned counsel for the opposite parties, on the other hand, contended that the word " ..... etc. to its employees. in this background the provision of the payment of gratuity act, 1972 has to be examined to come to a correct conclusion. i have already taken note of section 1 of the act. section 2 defines 'appropriate government'. section 2(a) defines appropriate government means for a major port, mine, oilfield or railway .....
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..... kanta kalita and others. learned counsel for the respondents submitted that the documents are 30 years' old and the presumption is available under section 90 of the evidence act. section 90 of the evidence act- presumption as to documents of thirty years' old.learned counsel for the respondents in this regard relied upon paragraphs-8 & 9 of ..... of various witnesses while coming to the conclusion on adoption. but the evidence of such witnesses is not established under the principle as laid down in section 50 of the evidence act and therefore, their evidence should have been thrown out of consideration.j. assuming but not admitting that the deed of acknowledgment of adoption (ext. ..... the case of harihar rajguru mohapatra vrs. nabakishore rajaguru mohapatra air 1963 orissa 45, a bench of this court was considering the applicability of sections 101 to 104 of the evidence act and in that connection it was held (para 12) :-the law is well settled that the evidence in support of adoption must be .....
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..... object a ban has been imposed upon the ordinary right which the employer has under the ordinary law governing a contract of employment. section 22 of the 1950 act and section 33 of the 1947 act which impose the ban also provide for the removal of that ban by the granting of express permission in writing in appropriate cases by ..... in support of its action. it appears that the petitioner-company had indicated in its application that as per the proviso to clause (b) of sub-section (2) of section 33 of the act, the dismissed employees have been paid wages for one month vide pay orders dated 21.6.2007, drawn on the state bank of india, banharpalli, ..... and in particular, the conclusion of the hon'ble supreme court in paragraph-22 thereof is quoted herein below:"22. the object of section 22 of the 1950 act like that of section 33 of the 1947 act as amended is to protect the workmen concerned in disputes which form the subject-matter of pending proceedings against victimization by the employer on .....
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..... & mass education department to composite both printing and binding operations and go for national tender mechanism.7. we may refer to section 11 of the micro, small and medium enterprises development act, 2006, which reads thus :"11. procurement preference policy-for facilitating promotion and development of micro and small enterprises, the central ..... with the bigger industries which will come forward to participate in the national tender. so the very purport of micro, small and medium enterprises development act, 2006 and various provisions in the industrial policy resolution to protect the small scale industries as well as small entrepreneurs will be frustrated. if ..... policy resolution 2007 contemplates of marketing support to micro and small enterprises in government procurement in consonance with the micro, small and medium enterprises development act, 2006 and the corresponding rules.4. the sum and substance of the argument of mr.kanungo, learned counsel for the petitioner, is that the .....
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