Judgment Search Results Home > Cases Phrase: high court and supreme court judges salaries and conditions of service amendment act 2009 section 4 insertion of new section 17b Court: kerala

Parukutty Amma Vs. Union of India (Uoi)

Court : Kerala

Reported in : 2007(1)KLT365

..... article 14 of the constitution of india;(ii) declare that the heirs of high court judges who retired before the commencement of high court and supreme court judges (salaries and conditions of service) amendment act, 1986, are also entitled for family pension at the present rate of rs ..... the constitution of india, she sought the following reliefs:(i) declare that the words restricting the application of the high court and supreme court judges (salaries and conditions of service) amendment act, 1986 to high court judges who retired on or after its commencement are arbitrary, discriminatory and liable to be struck down as violative of ..... v. union of india air 1989 a11.90 held that the provisions contained in the amendment act, 1986 restricting the application of the high court and supreme court judges (salaries and conditions of service) amendment act, 1986 to the judges who have retired on or after its commencement are discriminatory and .....

Indian Nval Canteen Service Employees Un Vs. Union of India

Court : Kerala

..... is also contended that incs is an authority constituted and established by the government of w.p.c.no.32100/11 4 india and the bombay high court has admitted that incs is a naval establishment by the government of india and it is coming under the direct control of indian navy and hence ..... canteens of railway establishment were under the direct control of railway administration and whether employees of such establishments could be treated as railway employees. the supreme court held that the employees of statutory canteens as well as non-statutory recognised canteens have to be treated as employees of railway establishment whereas employees of ..... non-statutory non-recognised canteens cannot be treated as employees of railway administration. while considering the said issue, the supreme court had occasion to evaluate the manner in which the employees of such canteens were employed, their terms and conditions of service as well as the extent .....

Annet D' Cunha Vs. State of Kerala

Court : Kerala

Reported in : 2004(1)KLT161

..... to the contention that at the time when they entered service as teachers, there was no such stipulation etc. are of no help to the petitioners. as held by the supreme court in state of 3. and k. v. shiv ram sharma ((1999) 3 scc 653) i.c.a.r. v. sathis kumar ((1998) 4 scc 219) and chairman, ..... 27056 of 2001 and is pending.5. while disposing of o.p. no. 27056 of 2001, the learned judge was of the opinion that a private high school headmaster and government high school headmaster cannot be discriminated. the learned judge held as follows:'.... hence, there cannot be any discrimination with regard to the grant of pay and other emoluments ..... by the impugned amendment in 1988, the rule is as follows:'(1 )teachers of aided lower primary, upper primary, high and training schools shall be paid the scale of pay applicable to teachers of government lower primary, upper primary, high and training schools. the headmaster of an aided lower primary school or the headmaster of an aided upper primary school .....

Managing Director, Kerala State Beverages Corporation Vs. P.B.Gopi

Court : Kerala

..... by the nigam. large number of employees filed writ petitions in the allahabad high court and the matter was ultimately taken to supreme court which decided the controversy in case reported in harwindra kumar v. chief engineer, karmik [(2005) 13 scc300. the apex court held that all employees of the corporation are entitled to the benefit of 60 ..... to hold that there had been any hostile discrimination against the petitioner in that case. we are of the view that the decisions of the madras high court and the calcutta high court referred to above, lay wa nos.650 of 2015 and conn. cases -:42:- down the correct principle. it is true that if the nationalised ..... v. union of india similar regulations framed by the united commercial bank which was also nationalised under the act came up for consideration before the high court of calcutta. the high court rejected the theory of discrimination put forward on the basis that fixing 60 years as age of retirement for those who were recruited prior to july .....

Geethakumari and ors. Vs. Rubber Board and ors.

Court : Kerala

Reported in : 1994ACJ796

..... the compensation that may be due to the petitioners under the motor vehicles act. this view is supported by judgment of the hon'ble supreme court as well as different high courts.8. the supreme court in n. sivammal v. managing director, pandian roadways corporation 1985 acj 75 (sc), held that the deduction of pensionary benefit from the ..... compensation amount in a fatal accident case was not justified.9. in rukmani devi v. om prakash 1991 acj 3 (sc), the supreme court did not approve the direction of the high court reducing the compensation award on the ground that no pecuniary loss was caused to the claimants as the partnership business was being carried on ..... heads. according to the judgment, 'just compensation' means the act or action of making up, making good or counterbalancing; rendering equal; amending.12. the gujarat high court in arunahen v. mehmoodbhai imamali kaji 1983 acj 409 (gujarat), held that the widow's income from the employment she obtained on account of the death of her .....

Mohan Kumar Vs. Dy. Labour Commissioner

Court : Kerala

Reported in : [1991(62)FLR258]; (1993)IIILLJ112Ker

..... 450, a decision of the supreme court which deals with retaining allowance paid to seasonal employees during the off-season, and came to the conclusion that, as the question is of general importance, it would be proper to have an authoritative decision by a division bench. i find that as far as the kerala high court is concerned there is not ..... period of jay-off. but the jural relationship of employer and employee is not terminated. it is only suspended or kept in abeyance. the decision of the bombay high court cannot be a proper guide for interpretation of the law as it now stands after amendment of section 2(22) by act 44/66. that decision does not ..... it must be taken into account for the purpose of calculation of bonus payable under the payment of bonus act. two particular sentences in this decision of the supreme court are of great significance for deciding the question involved in our case. these two sentences are:'the payment of such allowance by the management to its workmen during .....

Madras Rubber Factory Vs. Assistant Collector of Central Excise and or ...

Court : Kerala

Reported in : 1978(2)ELT595(Ker)

..... is not ultra vires to section 3; nor is it in excess of the legislative competence of parliament.44. two decisions, one of the allahabad high court and the other by the patna high court were brought to my notice in support of the petitioner's case. bath these decisions related to the interpretation of the new section. a division bench ..... relied is reported in a.i.r. 1942 f.c. 33 in that case, the appellants were the province of madras, who challenged the judgment of the madras high court in which it was held that 'certain taxes which had been levied on the respondents' under the madras general sales tax act, 1939 were in the nature of duties ..... facts of each case. headnote (j) in that case at page 1215 is relevant and the same is therefore extracted :'while considering the observations of a high judicial authority like the supreme court, the greatest possible care must be taken to relata the observations of a judge to the precise issues before him and to confine such observations, even though .....

E.S.i. Corpn. Vs. Raj Cashew Company

Court : Kerala

Reported in : (1992)ILLJ206Ker

..... ltd. v. employees' state insurance corporation (supra). prior to the amendment of 1966, payment made for authorised leave has been held to be not wages by the bombay high court in employees' state insurance corporation v. model mills, nagpur ltd., (l975)labi.c.84 and asst, regional director v. model mills, nagpur ltd. (air) 1991 ..... , explanation to section 41 has been omitted, so also the provisions in the first schedule to the act have been omitted.6. as observed by the supreme court in b.m. lakshmanamurthy v. employees' state insurance corporation, (1974-i-llj-304), the act is a beneficial piece of social security legislation in the ..... (1958-59) 14 fjr 167, that 'wages' means all remuneration and remuneration is only a more formal version of payment and payment is a recompense for service rendered. the supreme court in accountant general, bihar v. n. bakshi, (air) 1962 sc 505, 509, observed that 'the expression 'remuneration', in its ordinary connotation, means 'reward, recompense, .....

Peirce Leslie and Co. Ltd., Kozhikode Vs. Industrial Tribunal, Kozhiko ...

Court : Kerala

Reported in : AIR1962Ker220; (1962)IILLJ169Ker

..... , there was an attempt by the counsel in that case to persuade the learned judges to take the view that the decision of the bombay high court should be treated by the gujarat high court as 'per incuriam'. ultimately, the learned judges, while accepting the position that sub-section (5) of section 33 will furnish intrinsic evidence for ..... meaning as the expression 'until' used in section 25-f of the act. when the expression 'until' has been construed as constituting a condition precedent by the supreme court the expression 'unless' having the same meaning must also bear that meaning in section 33(2) also.46 the learned counsel further placed considerable reliance upon section 33 ..... 25 (f) when it wanted certain matters to be treated as conditions precedent. that expression ''until' occurring in section 25-f has been considered by the supreme court as constituting conditions precedent; and in the absence of any such clear indication in section 33(2)(b), in my view, it will be placing a very .....

Kerala State Electricity Board Vs. Kerala State Electricity Regulatory ...

Court : Kerala

..... powers fairly and reasonably and to safeguard the interest of the distributing licensee to recover the arrears; under section 50 of the act. in our view high court would not be justified in rejecting the prayer of the board on the ground of alternative remedy available before the appellate commission, which is time consuming. ..... national commission, is not seen considered. kseb may not get relief within reasonable time is their case. moreover, several decisions rendered by the honble supreme court including the one in haryana electricity board v. hanuman rice mills dhanauri and others reported in 2010(9)scc145, approved the authority of the kseb to ..... for ensuring recovery of arrears of electricity dues and amounts due to the licensee keeping in mind our observations and the judgment of the honble supreme court above referred. kerala state regulatory commissioner is directed to hear the consumer organizations and other interested parties and also kseb and decide the matter by following .....