Court : Kerala
Reported in : (1972)IILLJ546Ker
..... , j.1. these are petitions by employees of the life insurance corporation of india. in these petitions challenge is made to a notice issued under section 9a of the industrial disputes act, 1947 proposing change of conditions of service pursuant to a settlement reached between the life insurance corporation and some employees of the trade unions representing certain ..... scope of the definition. this necessarily rendered the construction of the term 'state' very narrow. but the supreme court in electricity board, rajasthan v. mohan lal : (1968)illj257sc , noticed that, on the language of the article, there was no scope for applying the rule of ejusdem generis since it was not possible to find any common ..... the government's directive ext. p5. such an admission is also contained in paras 11 and 12 of the board's counter-affidavit in o. p. 2560 of 1968 (vide ext. p17). if so, exts. p8 and p9 proceedings are also tainted by the same illegality which taints ext. p14. the petitioner in such a case .....
Tag this Judgment!Court : Kerala
Reported in : (1972)IILLJ509Ker
..... s. money re-commanded that steps may be taken to acquire vellanikkara estate and also to declare the adjoining lands in five villages as project area under section 47a of the kerala land acquisition act. according to dr. money the land in and around the area of the vellanikkara estate would cost about rs. 10,000 to rs. 15,000 per ..... thus misconducted yourself in a manner unbecoming of a member of the service to which you belong, thus violating rule 3(1) of the all india services (conduct) rules, 1968.4. that you, sri k.k. ramankutty, in the report submitted by you made without any basis and for no justifiable reason, disparaging remarks against dr. money that he ..... to which you belong and displayed lack of the absolute integrity and devotion to duty enjoined on you by rule 3(1) of the all india services (conduct) rules, 1968.3. that you, sri k.k. ramankutty, in conducting the aforesaid enquiry and making your report, rashly, and in an irresponsible manner and without any basis made the .....
Tag this Judgment!Court : Kerala
Reported in : (1972)IILLJ110Ker
..... state service rules, which have been made applicable to the corporation by virtue of instruction no. 8 of the general instructions issued by the government under section 34 of the act. but the respondents before me are confronted with another difficulty. the petitioners were employees in the state transport department, whose services were transferred to the ..... 1-4-1965. accordingly, the services of the petitioners and respondents 1 to 4 in o.p. no. 3997 stood transferred to the corporation. section 34 of the act empowers the government to give general instructions to the corporation after consultation with it regarding recruitment, conditions of service and training of its employees, etc. ..... relevant rules, notifications and orders of government in force and applicable to them immediately before such transfer as and when such benefits accrue.4. on 22-8-1968, the governor of kerala in exercise of his powers under rule 39 of the kerala service rules issued a notification, g.o. ms. no. 283/68 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1972Ker145
..... the position in interpreting the expression 'at any time' appearing in section 22 of the andhra pradesh buildings (lease. rent and eviction) control ..... to a particular proceeding under the limitation act.i therefore, hold that in the instant case the act provides a period of limitation different from that prescribed therefor by the first schedule to the limitation act and. therefore, it is governed by section 29(2) of the said act'. the andhra pradesh high court in nagabhushanam v. raghavayya, air 1968 andh pra 70 had to review .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker98
..... pay compensation. and it cannot be otherwise in view of the specific provision in article 31(2). 110. under section 73 all arrears of rent accrued due before the 1st may, 1968 and outstanding at the commencement of the act are wiped off except to the extent of one year's rent in the case of a tenant possessing not more ..... emperor, air 1944 fc 86 and shri p. c. mills v. broach municipality, air 1970 sc 192. 68. under section 73, all arrears of rent accrued due before the 1st may, 1968 and outstanding at the commencement of the amending act are wiped off except to the extent of one year's rent in the case of a tenant possessing not more ..... tribunal, if a tenant pays towards arrears of rent accrued due before the 1st day of may, 1968 and outstanding at the commencement of the amending act, the amounts specified in the table appended, the arrears snail be deemed to be wiped off. section 75 deals with rights and, liabilities of kudikidappukars. it says that no kudikidappukaran shall be liable to .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker65
..... also made in section 6. the rate of basic tax was fixed as rs. 4.94 per hectare in the place of rs. 2/- per acre. a proviso was ..... carried out to the act, presumably in pursuance of the above division bench ruling. the time-limit of four months from the date of the publication of the act, under section 6(3) was altered to four months from the date of the publication of the notification, by the amending act 22 of 1968 with effect from 1-4-1968. by the same act other amendments were ..... be specified under the act and that the time prescribed by sub-section (3) of section 6 should be so altered to give the writ petitioners at least four months' time from the date of prescription of the authority and the form. the land tax act 1961 has been amended by acts 22 of 1968 and 17 of 1969.29. the learned counsel appearing for .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker252
..... rid of an inconvenient and troublesome colleague like the petitioner.7. we may first scan the legality of the proceedings evidenced by exts. p5 and p6. under section 3 of the commissions of inquiry act, action has to be taken by the 'government'. articles 154 and 166 of the constitution become relevant in this connection. under article 154 of the constitution, ..... . to complete this picture as to a 'prima facie case, we may refer to ext. p-19, which is an extract from the 'kerala bhushanam' dated 23-8-1968 --long before the action against the petitioner, containing statements made in the assembly by the 3rd respondent. he is reported to have said in answer to a question as to ..... take a decision in this matter.12. we are unable to fit any requirement of a prima facie case into the frame work of the provisions of section 3 of the commissions of enquiry act. even if we are able to do so, we are unable to understand why a different standard of procedure seems to have been advocated openly after .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker196
..... must, therefore, content ourselves with saying that it was taken.54. our conclusion is that sub-sections (2) and (4) of sections 48 and 49 of the act, sub-sections (1), (2), (3) and (9) of section 53, sub-sees. (2) and (4) of section 56, section 58 (except to the extent excepted in paragraph 43) are bad for offending article 19(1)(f ..... basis of merit and all such appointments are to be reported to the university for recognition which, in the light of the definition of 'recognised teacher in section 2 (17) of the act, means, for approval. before any such appointment is made, the post is to be advertised in such manner as may be prescribed by the statutes.appointments ..... applicability of article 26 to educational institutions is, it would appear, a matter of doubt--see the observations of the supreme court in azeez basha v. union of india, air 1968 sc 662, para 30 at p. 674. of the three petitioners running majority institutions, only one, namely, the petitioner in o. p. 2796 of 1969, the nair .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker165
..... of the government of india which are treated as directions issued by the government of india under section 117 of the act, the other provisions of the act; and particularly the provision in sub-section (5) of section 115 of the act. this sub-section guarantees fair and equitable treatment in the matter of integration of the personnel dislocated as a result ..... government was requested for its comments and also for comments on paragraph 4 of sri raghavan's letter. 67. the state government replied by letter dated 31-12-1968 and after referring to the different types of 'emergency service', in paragraph 6 of the letter the particular type of emergency service arising for consideration was detailed and ..... in this regard may kindly be furnished.' 65. the answer to this letter is seen-from ext. r2 produced along with c. m. p. no. 9841 of 1968 in o. p. no. 3057 of 1966. by ext. r2, the state government informed the central government that in the view of the state government no-modification of .....
Tag this Judgment!Court : Kerala
Reported in : (1969)ILLJ61Ker
..... shortage, non-employment of two workers, and computation of any relief in money. besides deciding the above questions, the tribunal awarded retrenchment compensation under section 25fff of the act for closure of the factory on a subsequent date. the question was whether, the award of compensation was incidental to the adjudication of the ..... the revision of salary and adjudicating on the question of gratuity. the learned counsel drew my attention to sections 7a(1) and 10(4) of the industrial disputes act, 1947(hereinafter referred to as the act). section 7a(1) reads as follows:the appropriate government may, by notification in the official gazette, constitute one ..... bonus, profit-sharing, provident fund and gratuity.' he, therefore, submitted that ' wages ' and ' gratuity'' are different and independent matters for adjudication under the act. section 10(4) of the act reads as follows:where in an order referring an industrial dispute to a labour court, tribunal or national tribunal under this .....
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