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 Sorted by: recent Court: kerala

Chirayinkeezhu Service Co-Operative Bank Vs. K.Santhosh

Court : Kerala

..... the distinction between 'civil courts', 'revenue courts', 'tribunals' etc. have come to stay through different pronouncements by different high courts and also as per the law laid by the hon'ble supreme court of india. all civil courts are courts but all courts are not civil courts. similarly, revenue courts have always been treated as courts of limited and restricted ..... jurisdiction.74. section 69(1) of the kcs act, even as it originally stood, concluded saying that "no court ..... 2010 -:166. :- the ground that it was a nullity, having been made in an incompetent reference. while affirming the decision of the high court, this court held that the provisions of the id act, did not apply to the respondent co-operative bank, and the only question was about the .....

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 .....

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 .....

M. Aneesh Kumar Vs. State of Kerala

Court : Kerala

Reported in : 2012(3)KLT868; 2012(3)KHC702; 2012(3)KLT868

..... and appointment in violation of the laws is against the interest of the institution concerned. the devotees are entitled to complain in that regard. the scope of the high court's authority is wide enough to issue the necessary writ, direction or order to remove the third respondent and thus rectify the wrong committed by the government and the ..... the context of the teachers appointed by managers of aided schools. in assimilating the different aspects of the concept of public servant, officer, government servant, the hon'ble supreme court in g.a. monterio vs. the state of ajmer, air 1957 sc 13 held that the true test in order to determine whether a person is an officer of ..... in the context in which it is made. it is apposite in this context to recall that in sukhdevsingh vs. bhagatram, air 1975 sc 1331, the hon'ble supreme court laid down that though the employees of statutory bodies like ongc, lic and the ifc have a statutory status and would be entitled to declaration of being in employment .....

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 .....

George Joseph, General Secretary Vs. S. Chandramohan Nair, Member,

Court : Kerala

Reported in : AIR2010Ker68,2009(4)KLT853

..... to apply for the writ as a private relator or an ordinary citizen, as has been held by the allahabad high court in maseh ullah v. abdul rehman : air 1953 all. 193. the position has been clarified by the supreme court in vinoy kumar v. state of u.p. : air 2001 sc 1739. to quote:the relief under article ..... constitutional authorities mentioned in article 217 of the constitution, but in exceptional circumstances like the present, where the incumbent considered for appointment as a judge of a high court does not fulfil the qualification as laid down expressly under the provisions of the constitution itself, it becomes our bounden duty to see that no person ineligible ..... sc 3435 the supreme court has again dealt with in detail the principles underlying the writ of quo warranto.3. in kumar padam prasad v. union of india : air 1992 sc 1213 the apex court observed that it had to experience a painful jurisdiction to determine the eligibility of a person appointed as a judge of high court by the .....

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 .....

Prasad Vs. Philipose Mar Dilshus U.P. School

Court : Kerala

Reported in : 2005(3)KLT487

..... headmaster. in fact, the learned single judge accepted that position. in various division bench decisions of this court as well as in the decision of the decision of the supreme court in n. ammad v. manager, emjay high school and ors., : air1999sc50 , interpreting the position with respect to kerala education rules itself it was ..... held that the management has got a right to choose qualified persons as headmaster of the school. the supreme court observed in paragraph 28 as ..... article 30(1) of the constitution will not enable the management to select unqualified persons in preference to qualified candidates. it was held in various apex court decisions that institutions run by minority are also bound by regulations fixing qualifications of teaching and methods to improve standards of education etc. (see: in .....

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 .....

Narmada Building Materials (P) Ltd. Vs. Devassy and anr.

Court : Kerala

Reported in : (1999)ILLJ142Ker

..... it is contended that, application of section 25-f of the act is not attracted.6. the aforesaid decision of the andhra pradesh high court in purnachandra rao's (supra) case has been confirmed by the supreme court in krishna district co-operative marketing society ltd., vijayawada v. n. v.p. rao (1987-ii-llj-365). while construing the rights ..... 25-f of the industrial disputes act is applicable in this case. the learned single judge relied on a decision rendered by the division bench of the andhra pradesh high court in purnachandra rao (n.v.) and ors. v. krishna district co-operative marketing society, vijayawada and ors. (1987-ii-llj-237) and came to the conclusion ..... the appointment was made for a period of six months. extension of the period of employment thereafter, could not affect the terms and conditions of the contract. the supreme court in the state of rajasthan v. r.l. gahlot (1996-i-llj-888) held under similar circumstances that the termination is not retrenchment and not illegal, if .....