Court : Kerala
..... industrial tribunal or the labour court under the act was uncanalised, unguided and unlimited and in thinking that the said power was equivalent to the power of vice chancellor or any other officer nominated by him functioning under the gujarat university act, 1949 which was subject matter of ..... court has already observed that the prior approval given by the central government to the state government to issue notification under section 1(5) of the employees state insurance act is pursuant to a conscious decision as to the necessity to extend the provisions of the act to such institution, the notification issued by the state government cannot be assailed in any manner; more so when the ..... it was extended to cover in the definition of employee , all kind of employees, it could have as well used such wide language as is contained in clause (f) of section 2 of the employees provident funds and miscellaneous provisions act, 1952 which defines employee to mean any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work of ..... of employee under section 2(9) of the act, the employees insurance court in many cases held that definition of the term workman under section 2(s) of the id act or that of the employee under section 2(e) of the payment of gratuity act or that of the employee under section 2(i) of the minimum wages act would not be applicable, as there was a wider definition in so far as employees insurance act was concerned, .....
Tag this Judgment!Court : Kerala
..... is unquestionably a genuine dispute between the state government and the respondents as to whether the three plots of land were the subject matter of acquisition proceedings taken by the then government of hyderabad and whether the osmania university, for whose benefit the plots are alleged to have been acquired, had lost title to the property by operation of the law of limitation. ..... while setting aside the judgment of the learned single judge, held: "the question whether the lands belong to osmania university or not will have to be decided as and when the government comes forward with a suit for the purpose. ..... as noted above, section 5 of act iv of 1096 and section 5 of act 19 of 1951 provided that from and after the commencement of the act it shall be unlawful for any person to occupy a land which is the property of the government whether a poramboke or not without permission from the government or such officer of the government as may be empowered in this behalf. ..... the suit filed by the university was dismissed on the ground of limitation, inter alia, since nawab habibuddin was found to have encroached on the property more than twelve years before the date of the suit and the university was not in possession of the property at any time within that period. ..... having failed in the suit, the university activated the government to evict the nawab and his transferees summarily, which seems to us impermissible. .....
Tag this Judgment!Court : Kerala
..... detailed counter affidavit has been filed by the university wherein it is stated that section 6(3) of the university act mandates that in making appointment to direct recruitment in each department under the university to the posts of teaching and non-teaching staffs, the university has to apply the provisions of kerala state ..... to declare that the wording in section 6(2) of the calicut university act that "the university shall mutatis mutandis observe the provisions of clause (a), (b) and (c) or rule 14 and rules 15, 16 and 17 of the kerala state and subordinate services rules, 1958, as amended from time to time" in making appointments by direct recruitment to posts in any class or category in each department under the university or to posts of on teaching staffs in the university does not refer to department wise post ..... section 6 of the calicut university act enjoins the university to observe the provisions of clauses (a), (b) and (c) of rules 14, 15, 16 and 17 of the kerala state and subordinate services rules, 1958 as amended from time to time in making direct recruitment to posts in any class or category in any department under the university ..... directing the respondents to go by ext.p1 ugc guideline being one issued in compliance of the order of the government of india vide order no.f.no.6-30/2005 u-5 dated 06.12.2005 under section 20(1) of the university grants commission act, 1956 to effectively implement constitutional mandate under article 16(4) of the constitution of india. .....
Tag this Judgment!Court : Kerala
..... contended that when w.p(c) no.6625 of 2013-c14the university has gone wrong, government has every power to correct them while supervising the activities of the university under section 50 (5) of the cusat act, which empowers the government to conduct an inspection at any time in respect of the activities of the university, which reads as follows:"0. ..... cause inspection of the university:-(1) xxxx xxxxxx xxxx xxxx xxxxx (5) the syndicate shall report to the government the action, if any, which is proposed to be taken, or has been taken, upon the result of any inspection or inquiry under sub-section (1)." 13 ..... ----------------------------------------------------- w.p(c) no.6625 of 2013-c ---------------------------------------------------- dated this the 29th day of may, 2015 judgment the petitioner, a retired professor and the director of school of management studies of cochin university of science and technology (hereinafter referred to as "cusat") has approached this court when the revised pensionary benefits consequent to the 9th pay commission, which was due to him from 01.03.2010 onwards ..... did not get his pension revised, in accordance with the 8th pay commission, he made inquiries and came to know that some correspondence had been going on with the university and the local fund accounts committee regarding the audit objection against reckoning of his sbi service towards his pensionary benefits.5. ..... order no.ad.d2.244(22) 76 dated85.1991 issued by the2d respondent university. .....
Tag this Judgment!Court : Kerala
..... now the issue remains to be examined is whether the 4th respondent, even assuming to be a sub-lessee without express consent of the landlord, the petitioner, is required to obtain any licences in terms of sections 232 and 233 of the panchayath raj act r/w item 147 of schedule i annexed to the rules to carry on his business, as per grama panchayath, in finance.15. ..... with the conditions specified in the permission, establish an abkari shop within a village panchayat area; (3) while granting permission to establish an abkari shop near an educational institution or place of worship, the distance limit prescribed in the abkari act for the time being in force or the rules framed thereunder shall be complied with and the village panchayat shall not grant permission to w.p.(c). no. ..... the specific contention of the grama panchayath that the 4th respondent is not required to obtain any licence from the respondent grama panchayath, the learned counsel has contended that section 233 of the act specifies that concerning all work places using power of whatever nature, licence is w.p.(c). no. ..... these facts and circumstances, i express my inability to be persuaded by the contention of the learned counsel for the petitioner that the 4th respondent requires any licence from the respondent grama panchayath either under section 233 of the act or under item 147 appended to the rules, 1996. ..... oxford learner's thesaurus (oxford university press, 2008) distinguishes these two expressions thus: w.p.(c). no .....
Tag this Judgment!Court : Kerala
..... be noted that the pensionary benefits of teachers of private colleges affliated to the kerala university are governed by kerala university first statutes in respect of pension, provident fund, gratuity, insurance and age of retirement of teachers of private colleges 1976 framed under section 83 of the kerala university act, 1974. ..... section 76 of the kerala university act ..... as can be seen from the table, specifying the leave availed by the respondent teachers, most of them were granted leave after 1972 and before the commencement of the kerala university first statues, 1979 and the first statutes in respect of pension, provident fund, gratuity, insurance and age of retirement of teachers in private colleges, 1976 published in the kerala gazette extra ordinary ..... the time of the enactment of the university act the conditions of services of teachers in private colleges were governed by kerala university first statutes, 1972 (hereinafter referred ..... viii of the kerala university act 1974 (hereinafter referred to as 'the act') deals with the ..... subject to the provisions of the kerala university act, 1974 and the statutes issued thereunder, the rules contained in parts i and ii of the kerala service rules for the time being in force, except those mentioned below, shall so far as ..... ii(i) 4061/91/a dt.7.3.1991 - ext.p10 issued by the additional director of collegiate education, wherein it is w.a nos.1422,1494,1498,1515,1609,1719,1868 of 2011,1794 & 1859 of 2013 60 informed among other things as .....
Tag this Judgment!Court : Kerala
..... be noted that the pensionary benefits of teachers of private colleges affliated to the kerala university are governed by kerala university first statutes in respect of pension, provident fund, gratuity, insurance and age of retirement of teachers of private colleges 1976 framed under section 83 of the kerala university act, 1974. ..... section 76 of the kerala university act ..... as can be seen from the table, specifying the leave availed by the respondent teachers, most of them were granted leave after 1972 and before the commencement of the kerala university first statues, 1979 and the first statutes in respect of pension, provident fund, gratuity, insurance and age of retirement of teachers in private colleges, 1976 published in the kerala gazette extra ordinary ..... the time of the enactment of the university act the conditions of services of teachers in private colleges were governed by kerala university first statutes, 1972 (hereinafter referred ..... viii of the kerala university act 1974 (hereinafter referred to as 'the act') deals with the ..... subject to the provisions of the kerala university act, 1974 and the statutes issued thereunder, the rules contained in parts i and ii of the kerala service rules for the time being in force, except those mentioned below, shall so far as ..... ii(i) 4061/91/a dt.7.3.1991 - ext.p10 issued by the additional director of collegiate education, wherein it is w.a nos.1422,1494,1498,1515,1609,1719,1868 of 2011,1794 & 1859 of 2013 60 informed among other things as .....
Tag this Judgment!Court : Kerala
..... (c)no.8797/2010), read in the light of section 60 of the kerala university act, 1974 and clause (1) of statute 5 of the kerala university first statutes, 1976, notified by the government vide w.a.nos.645 & 1124/10 -4- exts.p7 and p8 notifications, respectively, and disburse them all the arrears payable thereunder, as expeditiously as possible, at any rate within three months from ..... as we have already noticed, going by sub-sections (1a) and (5) of section 57 of the act, appointments to the post of lecturers in a private aided college affiliated to the university of kerala can be made by the educational agency only by direct recruitment, on the basis of merit, after advertising the posts in the manner prescribed by the ..... in exercise of the powers conferred by section 83 of the act, the government of kerala made the kerala university first statutes, 1976 (hereinafter referred to as 'the first statutes, 1976') in respect of pension, provident fund, gratuity, insurance and age of retirement of teachers of private ..... by virtue of section 83 of the act, notwithstanding anything contained in the act, the first statutes and the first ordinances of the university shall be made by the ..... we have already noticed, it was in exercise of the powers conferred under section 83 of the act, the government of kerala made the first statutes, 1976, in respect of pension, provident fund, gratuity, insurance and age of retirement of teachers of private colleges affiliated to the university of kerala. .....
Tag this Judgment!Court : Kerala
..... facts of the case, which emerged from pleadings of the parties are: the state legislature enacted the calicut university act, 1975 (hereinafter referred to as 'the act') to reorganise the university of calicut with a view to establishing a teaching, residential and affiliating university for the northern w.p(c) no.9779 of 2014 -:3. ..... the central government in exercise of its power under section 20 (1) of the university grants commission act, 1956 has directed that the ugc shall act as the regulator for higher education through open and distance learning and the universities offering any programme/course in open and distance learning mode shall require recognition from the commission ..... along with the courses granted and directed to submit the properly executed mou along with a demand draft for usd1750(one thousand seven hundred and fifty only) drawn in favour of the finance officer, university of calicut, as inspection fee before the commencement of courses w.p(c) no.9779 of 2014 -:28. ..... , the institution has submitted the mou and a chalan for `96,145 paid at sbt, calicut university dated 12.09.2012 equivalent amount to usd1750toward inspection fee vide paper read (2). ..... of management and information technology, riyadh and directed to submit the properly executed mou along with a demand draft for usd1750(one thousand seven hundred and fifty only) drawn in favour of the finance officer, university of calicut, as inspection fee before the commencement of courses granted to them. .....
Tag this Judgment!Court : Kerala
..... and if the petitioner had so misinterpreted and that had resulted in his being appointed as vice- chancellor, mahatma gandhi university, could he be proceeded against only under section 7 (10) of the mahatma gandhi university act or could the appointing authority exercise its inherent powers to remove him from office? 7. ..... . an occasion for exercise of power under section 7 of the mgu act arises only in a case where the employer-employee relationship between the university and the petitioner validly comes into existence and is not affected by any vitiating circumstances ..... nature of the post to which he seeks appointment, and whether he is a person suitable for appointment to the said post.25. lastly, i must deal with the contention of the petitioner that, having been appointed as a vice-chancellor of the mg university, the power to remove him from his office could be exercised by the chancellor only in terms of section 7 of the mgu act ..... insofar as the petitioner had, by misrepresenting material facts, secured appointment to the post of vice- chancellor of the mg university, it was well within the powers of the chancellor to remove him from the post de hors the powers under section 7 of the mgu act. ..... as a first step in that direction, the chancellor of the university issued a notification dated 26.11.2012 constituting a three member committee as contemplated in section 10 of the mgu act. .....
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