Court : Orissa
Reported in : 1999(I)OLR565
..... 1985 (ramlal khurana (dead) by l.rs. v. state of punjab and others) and air 1988 supreme court, 205 (prasun roy v. the calcutta metropolitan development authority and another) and by invoking the doctrine of estoppel against the petitioner, he has further amplified his submission stating that the labour court and the high court are ..... order. but section 60 of the aforesaid act provides among other things that -'all debts and obligations incurred, all contracts entered into and all matters and things engaged to be done by, with or ..... the petitioner's services were placed under the electricity board, where he had been continuing. the electricity board after it was constituted under the electricity (supply) act, 1948 has framed its own regulation governing the conditions of services of its employees relying on which mr. rath appearing for the opp. parties justifies the impugned .....
Tag this Judgment!Court : Orissa
Reported in : 91(2001)CLT266
..... bench judgments and a judgment of seven judges of the apex court on this issue. it will be seen that from stage to stage, the law has been developed.12. the first decision of the constitution bench was in parshottom lal dhingra's case (supra). there a twin test was laid down - whether the order ..... the allegations of involvement in unauthorised and irregular financial transactions of college funds have not been touched and unauthorised absence of various occasions were highlighted by the college authorities with oblique motive, and there can be doubt that the decision to terminate was solely on the basis of allegations made above and therefore, the order of ..... as to procedural fairness where preliminary inquiries are conducted (see 5th ed , 1995 - page 491, para 10.027) that the question of 'proximity between investigation and act or decision' depends on the degree of proximity so far as the person affected claiming a right of hearing is concerned. he says .'thus, a porson empowered or .....
Tag this Judgment!Court : Orissa
Reported in : 2000(119)ELT12(Ori)
..... down :'though the writ of prohibition or certiorari will not issue against an executive authority, the high courts have power to issue in a fit case an order prohibiting an executive authority from acting without jurisdiction. where such action of an executive authority acting without jurisdiction subjects or is likely to subject a person to lengthy proceedings and unnecessary ..... writ petition revolves round the effect of said order of the apex court, it needs to be quoted in full, and reads as follows :-'the industrial development bank of india (idbi) is hereby directed to make disbursement prior to 15th june, 1985 of the first down payment of 15% of the loan amount ..... 2-1981 for import of captive power plant machineries and equipments is applicable to petitioner no. 1's case. it is relevant to note that the industrial development bank of india 'ldbi' in short) while dealing with the application for financial assistance made by the iccl vide its communication dated 27-10-1984 imposed .....
Tag this Judgment!Court : Orissa
Reported in : 87(1999)CLT471; (1999)IILLJ316Ori
..... has conferred certain benefits on the employees, he questions the source of power of the administrative authority to issue such notification creating an artificial classification and complication not permitted within the parameters of the statutory guidelines. developing further, he has referred to another decision reported in state of haryana v. piara singh ..... particular its paras-8 and 11.8. precisely mr. nanda, learned senior counsel appearing for the petitioner, has developed his argument inter alia that section 3 of the minimum wages act provides for fixation of minimum rates of wages. it is indicated that the appropriate government shall in the manner ..... .;separately for open cast and underground mines.6. in order to appreciate different aspects, the relevant legislations may be looked into, such as, mines act; mines rules; metalliferous mines regulations and the legislations that differentiation is maintained between the workers working in open cast mines irrespective of the depth and .....
Tag this Judgment!Court : Orissa
Reported in : 87(1999)CLT22; 1999(I)OLR17
..... having made an indepth study and by referring to a good number of decisions of the supreme court, including airport authority's case (supra) and ajay hasia's case (supra) came to hold that tribal development co- operative corporation is a 'state' within the meaning of article 12 of the constitution.in dr. bishnu ..... . it is unequivocally stated by opposite party no. 1 in paragraph 4 (i) of the counter that the registrar is the competent authority under the orissa co-operative societies act to specify the staffing pattern of various societies in the state with designation, qualification and renumeration, etc. of the employees. taking all ..... amendment :'power to appoint and determine conditions of service of employees of society - (1) the committee of every society shall, subject to the provisions of this act, rules and the bye-laws, fix the number and designation of employees it may have under different categories, and determine the qualification criteria, recruitment procedure, remuneration .....
Tag this Judgment!Court : Orissa
Reported in : AIR1999Ori101
..... exercise it in any particular manner. in general, a discretion must be exercised only by the authority to which it is committed. that authority must genuinely address itself to the matter before it; it must not act under the dictates of another body or disable itself from exercising a discretion in each individual cases ..... assert their power to scrutinise the factual bases upon which discretionary powers have been exercised. judicial review has developed to a stage today when, without reiterating any analysis of the steps by which the development has come about. one can conveniently classify under three heads the grounds on which administrative action is ..... and must give effect to it.(ii) irrationality, namely, wednesbury unreasonableness.(iii) procedural impropriety.' the action of the state, the instrumentality, any public authority or person whose actions bear insignia or public law element or public character are amenable to judicial review and the validity of such action would be tested .....
Tag this Judgment!Court : Orissa
Reported in : 1998(II)OLR530
..... of sale and supply of laboratory equipments, weighing scale and other general items. the project co-ordinator-cum-deputy secretary to government of orissa, women and child development department, opposite party no. 2, published a tender notice on 28.8.1992 inviting offers for supply of 21,877 number of weighing scales for weighment of ..... circle regarding clarification of tax chargeable for supply. we are of the opinion that this letter is highly prejudicial as the sales tax officer being a quasi-judicial authority should not have been asked to give a clarification, more particularly, in view of the agreement as at annexure-2. 6. by the impugned order dated ..... delhi to different destinations of orissa. annexure-3 further provided that opposite party no. 2 would furnish the certificates in form 'd' of the central sales tax act relating to the purchases made. subsequently, the panchayat raj department by letter dated 31.10.1992 (annexure-4) asked for clarification from the sales tax officer, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1998Ori213
..... exercise it in any particular manner. in general, a discretion must be exercised only by the authority to which it is committed. that authority mustgenainely address itself to the matter before it; it must not act under the dictates of another body or disable itself from exercising a discretion in each individual ..... as follows:(1) all the 28 districts should be grouped under three zones viz. (a) coastal districts having developed infrastructure, (b) the districts other than coastal and interior districts having some infrastructural development, (c) interior districts including kbk districts having less infrastructural facilities. (2) separate rales for each group should ..... power to scrutinise the factual bases upon which discretionary powers have been exercised. judicial review has developed to a stage today when, without reiterating any analysis of the steps by which the development has come about. one conveniently classify under three heads the grounds on which administrative action is .....
Tag this Judgment!Court : Orissa
Reported in : AIR1999Ori15
..... to punish the culprit but to balance the eco-systems. the noteworthy development in this period was that each individual knew his duty to protect the environment and he tried to act accordingly. those aspects have been highlighted by a learned author c.m. jariwala in his article 'changing dimensions of the indian ..... as also of the management plans, the central government should consider setting up under section 3 of the act. slate coastal management authorities in each state or zone and also a national coastal management authority. (4) the states which have not filed the management plans with the central government are directed to ..... the government and the principal chief conservator of forests (wildlife) and other concerned departmental authorities. under the premises, the question of violation of the coastal zone regulation or any other provision of environment (protection) act or fishing regulation act does not arise. since the construction of talchua jetty had already been completed at .....
Tag this Judgment!Court : Orissa
Reported in : 1999(I)OLR284
..... ) state government provided to the omfed a sum of rs. 71.50 lakhs as grant-in-aid for milk procurement and marketing enhancement programme. (iii) the final authority of management of omfed vests in the board of directors consisting of members nominated by the state government. (iv) the omfed is engaged in collection, selling and distribution ..... federation as under annexure- 1 does not indicate as to whether the federation was receiving any fund from the government or government happened to be the controlling authority in its financial matters.the bye-laws also do not indicate any sort of control over the affairs of the society. there is no other materials placed ..... -operative corporation of orissa ltd., 73 (1992) clt 588 had the occasion to consider whether the tribal development co-operative corporation (t.d.c.c.) a society registered under the orissa co-operative societies act is a 'state' within the meaning of article 12 of the constitution of india. hansaria, c.j. speaking for the full .....
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