Court : Andhra Pradesh
Reported in : 2006(4)ALD418; 2006(3)ALT338
..... orders, was issued;(2) the petitioner-management had not filed the documents, which were filed before the enquiry officer, before the tribunal;(3) slowing down of work did not amount to indulging in acts subversive of discipline;(4) the respondent-workman was charged due to his active participation and to weaken the union;(5) the punishment imposed is shockingly disproportionate; and(6) the punishment imposed is only to ..... order under review was passed), this court had directed reinstatement of the workman which fact was not brought to the notice of this court by the management, i consider it appropriate to review the order and to decide the writ petition on merits, more so as the respondent workman had not received the sum of rs. ..... that the petitioner management had not filed the documents which were filed before the enquiry officer, that slowing down of work would not amount to acts subversive of discipline, that the workman was chargesheeted due to his active participation in the union and to weaken the union, that the punishment imposed was grossly disproportionate to the ..... in lalla ram (1 supra), the supreme court held:-the position that emerges from the above quoted decisions of this court may be stated thus: in proceedings under section 33(2)(b) of the act, the jurisdiction of the industrial tribunal is confined to the enquiry as to (i) whether a proper domestic enquiry in accordance with the relevant rules/standing orders and principles of natural justice has ..... of 2005 is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(3)ALT448
..... accordingly, the writ petition is dismissed leaving it open to go into such questions in an appropriate case and also further observing that the university would certainly keep in view the provisions of the said act and provide necessary opportunities to all the posts as provided therein. ..... in view of the same, though the petitioner has raised substantial question as to the very exigency to make a provision for reservation, in terms of the above said act and the inaction on the part of the university, all these questions become a mute questions and purely academic, no relief as such, can be granted at this late hour, especially when the petitioner has already retired ..... has been filed on second september 1997 and the matter has been coming up on various occasions but could not proceed with and ultimately pursuant to the very pathetic letter written by the petitioner himself on 3-2-2005, the matter is directed to be posted and to-day the matter is being heard. ..... alia, for mandamus seeking for implementation of reservation to the physically handicapped candidates in respect of lecturers, readers and professors in terms of the provisions of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995.3. ..... no such reservation is provided to the petitioner and he has lost the opportunity, further action on the part of the university need not provide such a reservation, is also in the teeth of mandate as contemplated under the above said act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD200
..... the respective stands taken by the parties that the gpa executed in favour of timmaiah is not a bona fide one and certain of the signatures had been forged and even otherwise the same was not acted upon and possession of the lands had never been delivered to timmaiah at any point of time and it is also the stand taken by the appellant that the said gpa was cancelled and he has no right to ..... it is needless to say that these aspects may have to be gone into at the appropriate stage but suffice to state that the documentary evidence may have to be appreciated to arrive at a conclusion whether a prima facie case had been established by the appellant-petitioner-plaintiff in the facts and circumstances of the present ..... 530/2005, by order dated 27-9-2005, this court had observed as hereunder:ad-interim injunction granted earlier has been vacated by the trial court by the impugned orders dated 6-4-2005 in i.a. no ..... 1506/2005 on the file of senior civil judge, ranga reddy district also is brought to the notice of this court ..... 1506/2005 said to be pending on the file of senior civil judge, r.r ..... 1166/2005 in other cma ..... unless the appeal is heard and disposed of, no temporary injunction can be granted in favour of the petitioner.in view of the same, cmp is dismissed.post the cma itself for final hearing on 7-11-2005.5. ..... -- the agreement of sale dated 6-2-1996, memorandum of understanding dated 9-6-1996, pahanies for the year 2001-2002 and electricity bills for the months of july and august 2005. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(3)ALD769; 2006(3)ALT286
..... for future employment under the government or railway administration;(ix) dismissal from service which shall ordinarily be a disqualification for future employment under the government or railway administration; provided that in cases of persons found guilty of any act or omission which resulted or would have, ordinarily, resulted in collisions of railway trains, one of the penalties specified in clauses (viii) to (ix) shall, ordinarily, be imposed and in cases of passing railway signals at danger, one of the penalties specified in clauses ..... under rule 10(3), if the disciplinary authority is of the opinion that the penalty warranted is such as is not within its competence, he shall forward the record of the enquiry to the appropriate disciplinary authority, who shall act in the manner provided in the rules. ..... in this writ petition, the order of the central administrative tribunal, in o.a.72 of 2005 dated 15-2-2005, and the proceedings of the railway board dated 24-9-2002, as confirmed by the 1st respondent in his proceedings dated 17-3-2004, are sought to be quashed.2. ..... the tribunal, in its order dated 15-02-2005, held that the scope of interference in such matters was very limited, that it was not entitled to re-appreciate evidence or substitute its views for the view taken by the disciplinary authority and that its interference ..... khanna 2005 (6) scj 736 : (2005) scc (l & s) 1006.10. ..... 72 of 2005 dated 15-02-2005 are hereby quashed. ..... a.72 of 2005. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALT598; [2005]124CompCas523(AP); [2004]52SCL131(AP)
..... 506)from the law laid down as aforesaid by the apex court, it becomes clear that this court cannot act as an appellate authority and minutely scrutinize the arrangement, and arrive at an independent conclusion whether the arrangement should be permitted to go through or not when the majority of the creditors or members or their respective ..... this court while exercising its power under sections 391 - 394 of the companies act, exercises only peripheral and supervisory jurisdiction and does not act as an appellate authority over the informed judgment of the shareholders in matters relating to a compromise or arrangement, for the propriety and the merits of such compromise or arrangement will have to be judged by the parties thereto ..... moved for sanctioning such a scheme which might have got the requisite majority support of the creditors or members of any class of them for whom the scheme is mooted by the concerned company has to act merely as a rubber stamp and must almost automatically put its seal of approval on such a scheme. ..... transferee company was incorporated on 1-11-1991 under the provisions of the companies act as a public company limited by shares in the name and style of ..... have been filed by lanco kalahasthi castings limited (transferor company) and lanco industries limited (transferee company) under sections 391 - 394 read with section 110 of the companies act, 1956 (for short 'the companies act') seeking approval of the scheme of arrangement and reduction of share capital.2. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1991]72CompCas588(AP)
..... section 296, or regulation under sub-section (2) made by the state government, as to all or any of the following matters:--xx xx xx xx xx(2) provided that the state government may, if it thinks fit, make regulations consistent with this act in respect of any of the matters specified in clauses (d) and (h) to (n) of sub-section (1), and any regulations so made shall have the effect of rescinding any regulation made by the board under the said sub-section in respect of ..... ordinarily, the parties ought to pursue the remedies provided by the act and the rules; but, in appropriate cases this court can also interfere, notwithstanding that the employee has not chosen to avail of the remedies provided ..... the said test has been evolved, says the bench, keeping in mind the normal run of companies/ corporations registered under the companies act, where share-holding carries with it the power of control and management of the company, and it is for that reason, they said, satisfaction of this test goes a long way in establishing that the body is an agency ..... shops and establishments act providesa certain protection, and since the said protection is based upon public policy, it will beenforced, in an appropriate case, by thiscourt ..... 4(2) of the act, the registrar has got power to give appropriate directions in the interest of co-operative movement, public interest, or in order to prevent the affairs, of the society from being conducted in a manner detrimental to the interest of the members, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(2)ALD210; 1999(2)ALT216
..... quo as of date, however, shall continue as regards the thirty students admitted by the concerned institutions and liberty is given to the college authorities to approach the appropriate authority for appropriate orders having due regard to the observations as above.the writ appeals and the contempt case stand disposed of as above. ..... above, this court refrains itself from expressing any opinion about the grant of minority status to institutions or their eligibility and the same be dealt with by the appropriate authority having due regard to the circumstances already in existence and the future of the student community. ..... respondents, without deciding the issue, which they are obliged under the law, have acted arbitrarily and violated the duties required by them to be discharged under the law.14. ..... am only pointing out that the respondents who were entrusted with the duty to decide the issue, have acted absolutely callously, and espoused the students to uncertainty.15. ..... is equally the bounden duty of the state to act expeditiously in deciding such claims. ..... , dated 11-12-1997 under the provisions of the andhra pradesh education act, 1982 and the andhra pradesh educational institutions (establishment, recognition, administration and control of schools under private management), 1993 read with andhra pradesh minority educational institutions (establishment, recognition and regulation) rules, 1988 made under the powers conferred under section 99 of the andhra pradesh education act, 1982. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD351; 2000(1)ALT621
..... being made, respondents 1 and 2 shall consider all the circumstances placed before them by the petitioner-unit and take an appropriate decision within four months from the date of such representation.'7. ..... as observed by the supreme court, a court of equity, when exercising its equitable jurisdiction under article 226 of the constitution of india must so act as to prevent perpetration of legal fraud and the courts are obliged to do justice by promotion of good faith, as far as it lies within ..... shocking and surprising to notice that a highly placed official of the rank of the additional special chief secretary to government could have indulged in such an act of fanciful letter writing virtually denuding the corporation of its legitimate right to deal with the industrial areas and estates. ..... its instrumentalities cannot be held bound by such actions of its officials acting beyond their authority, indeed, acting adverse to the interest of the organisations intentionally. ..... the instance should provoke and may act as a catalyst calling for a deep introspection by the champions and protagonists of mindless priviatisation of ..... , the then special chief secretary to government cannot act contrary to the declared policy of the government. ..... public premises (eviction of unauthorised occupants) act, 1968, to which the petitioner-company submitted its reply on 24-10-1998 requesting the estate officer to withdraw the show-cause notice, for the verysame reason, as the one stated in reply to the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALD474; 2004(3)ALT417
..... (h), which defines the 'best offer';(b) strike down explanation (h), which defines 'best offer', as unconstitutional being violative of article 14 of the constitution of india;(c) do not find any constitutional infirmity in sub-sections (3) to (8) of section 12-a of the act, but the concept of 'best offer' as defined in explanation (h) runs through the said provisions and or so inextricably bound up those forming an integral part of the said sub-sections and, therefore, we find it difficult to apply the 'doctrine ..... a company or a firm or a body whether incorporated or not on such terms and conditions as may be formulated in the manner prescribed, and on such transfer the society formed for such spinning mill or sugar factory under this act shall stand dissolved;(b) if, within the time specified in the notice referred to in clause (a), the society fails to comply with the direction of the registrar, he shall after giving an opportunity in the manner prescribed, to the general ..... the supreme court, while considering the argument that sub-section (2) of section 25-n of the industrial disputes act, 1947 does not prescribe any guidelines or principles to govern the exercise of the power that has been conferred on the appropriate government or the authority in the matter of grant or refusal of permission for retrenchment and in the absence of such guidelines or principles governing the exercise of the power, it would be permissible to pass order in an arbitrary manner because there is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1987]67STC48(AP)
..... that pending disposal of the reference the assessee is entitled to apply to the appellate tribunal before whom the appeal must be deemed to be pending, for stay, and if the appellate authority acts without jurisdiction or in excess of its jurisdiction or in case it exercises its jurisdiction improperly, the assessee can always approach the high court either under article 226 or 227 of the constitution. ..... the proviso expressly confers a discretion upon the high court either to fix the appropriate number of instalments for payment of tax or give such other direction as it thinks regard to the language of the proviso, it cannot be said that the only order that the high court can make is ..... of section 22 expressly confers upon the high court the power either to fix instalments for payment of disputed tax or to make such other appropriate order with respect to its payment as it thinks fit. 10. ..... pointed out that it was not a jurisdiction conferred either by the civil procedure code or by the charters or by the special acts constituting such high courts and that the object of the reference is limited to obtaining opinion of the high court on the stated ..... but it can also make appropriate direction with respect to the payment ..... supreme court came to the said conclusion is that while answering a reference under section 256 of the income-tax act, 1961, or section 66 of the indian income-tax act, 1922, this court exercises only an advisory jurisdiction - a jurisdiction of a special nature. .....
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