Court : Karnataka Kalaburagi
..... engaged on contract basis and after the expiry of the term of contract, the relationship came to an end and therefore, the question of claiming continuity of service as a regular workmen was without any basis and that the provision of 9 retrenchment under the id act, 1947 was clear in regard to contract labour, and therefore, the learned single judge was misdirected in arriving at the opinion formed in the impugned order.9 ..... 2015 in civil appeal no.3727 of 2015, wherein the supreme court has revisited the decisions 14 laying down the principle that temporary and casual labourers could not be reinstated into service with backwages, and it is demonstrated how those decisions could be distinguished on the facts and circumstances of each case and the workmen concerned in the above case had been directed ..... called for the record from the labour court and on examination of the same and on the basis of the rival contentions, has found that the respondents herein had rendered service from the year 1998 until they were terminated on 31st ..... advocate for r1 to r7) respondents these writ appeals are filed under section 4 of the karnataka high court act praying to calling for records in writ petition set aside order of the learned single judge dated ..... the persons employed on daily wages having sought regularisation of service was the controversy and the supreme court following the case of secretary, state of karnataka and others v. ..... in the high court of karnataka kalaburagi bench r dated this the13h .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... that the respondents herein were engaged on contract basis and after the expiry of the term of contract, the relationship came to an end and therefore, the question of claiming continuity of service as a regular workmen was without any basis and that the provision of retrenchment under the id act, 1947 was clear in regard to contract labour, and therefore, the learned single judge was misdirected in arriving at the opinion formed in the impugned order. 9. ..... 3727 of 2015, wherein the supreme court has revisited the decisions laying down the principle that temporary and casual labourers could not be reinstated into service with backwages, and it is demonstrated how those decisions could be distinguished on the facts and circumstances of each case and the workmen concerned in the above case had been directed to be ..... judge, after having called for the record from the labour court and on examination of the same and on the basis of the rival contentions, has found that the respondents herein had rendered service from the year 1998 until they were terminated on 31st january 2008. ..... and another [2008(1) scj 162] wherein the persons employed on daily wages having sought regularisation of service was the controversy and the supreme court following the case of secretary, state of karnataka and others v. ..... (prayer: these writ appeals are filed under section 4 of karnataka high court act praying to calling for records in writ petition set aside order of the learned single judge dated 15.12.2015 .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... investigation in the matter under section 9 of the karnataka lokayukta act (hereinafter referred to as act for short) and framed its report under sub-section (3) of section 12 of the act and communicated the same to the 1st respondent recommending that a departmental enquiry be conducted against the petitioner and the same be entrusted to it under rule 14-a under karnataka civil 6 services (classification, control and appeal) rules, 1957 (hereinafter ..... to which rule 14-a would apply sub-rule (2) commands that record of investigation should be forwarded by the lokayukta to the disciplinary authority with his recommendation and government after examining such record shall take a decision either to entrust the inquiry to the lokayukta or upa-lokayukta or direct the appropriate authority to resort to rule 12 which would be ..... the lokayukta act, it is contended by the learned counsel for the applicant that a reading of he impugned order dated 12.11.2013 prima facie indicates that there is non-compliance for section 12(4) of the karnataka act by the first respondent, for the reason that the first respondent has failed to examine the report forwarded under section 12(3) of the lokayukta act before ordering ..... be taken, he shall forward the record of the investigation along with his recommendation to the government and the government, after 58 examining such record, may either direct an inquiry into the case by the lokayukta or the upalokayukta or direct the appropriate disciplinary authority .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... b and a member of the state civil services group c or group d ; or (iii) a member of the state civil services group c or group d the lokayukta or the upa-lokayukta or (before the 21-12-1992) the inspector-general of police of the karnataka lokayukta police is of the opinion, that disciplinary proceedings shall be taken, he shall forward the record of the investigation along with his recommendation to the government and the government, after examining such record, may either direct an inquiry into ..... pursuant to that respondent no.1/the revenue department under annexure-d1 dated 25.07.2012 acting under rule 14a of karnataka civil service (classification, control and appeal) rules, 1957 ( the kcscca rules for short) entrusted the matter to respondent no.3 to ..... the above criminal case, respondent no.3 the upalokayukta acting under section 12 of the karnataka lokayukta act, 1984 (for short kl act ) referred the matter to w.p.no.202224/2021 -5- ..... notwithstanding anything contained in rules 9 to 11-a and 13, be applicable for purposes of proceeding against government servants whose alleged misconduct has been investigated into by the lokayukta or an upalokayukta either under the provisions of the karnataka lokayukta act, 1984 or on reference from government or where offences alleged against them punishable under the prevention of corruption act, 1947, or the prevention of corruption act, 1988 has been investigated by the karnataka lokayukta police before 21st day of december, 1992. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... having considered the entire matter in detail has held that there were no rules providing for or regulating transfer laying down guidelines for such transfers framed in exercise of powers conferred under the karnataka state civil services act, 1978 and therefore in the absence of any such rules regulating transfer of government servants and providing guidelines therein the executive order issued on 22.11.2001 in exercise of power under article 162 ..... therefore, the government order which provides an independent scheme regulating transfer of government servants which is not covered under the kcsr, is required to be examined independently and the term transfer as defined in rule 8(49) of the kcsr will not restrict or regulate the understanding of the term transfer for the purpose ..... displaced from his place of posting and the relevant rules/guidelines which have the force of law have not been allegedly followed, the learned single judge ought to have examined the matter on the merits of the grievance made instead of holding that writ petitioner ought to have approached the higher authorities.21. ..... vs state of karnataka & others 2011(3) klj562and has not referred to or examined the effect of another full bench decision rendered ..... after considering the entire matter at length and examining the effect of the judgment in chandra h.n s case, this court has laid down in para no.12 of the order that question whether rules framed by the state government relating to transfer of government .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... records pertaining to the writ petitioners and have perused them as well, in furtherance of which the following points would arise for our consideration:11.1) whether the discharge of the writ petitioners invoking the provisions of the karnataka civil services (probation) rules, 1977, was valid ?.2) whether the appointments secured by fraud should be annulled only after conduct of departmental enquiry even in case of probationers ?.3) whether the order of the learned single judge ..... appointing authority shall consider the suitability of the probationer to hold the post to which he was appointed, and- (a) if it decides that the probationer is suitable to hold the post to which he was appointed and has passed the special examinations or tests, if any, required to be passed during 20 the period of probation it shall, as soon as possible, issue an order declaring the probationer to have satisfactorily completed his probation and such an order shall have effect from ..... tiwari, aga for r12) these writ appeals are filed under section4of the karnataka high court act, praying that this court may be pleased to allow this appeal and set aside the final order dated0904.2019 passed by the learned single judge in w.p.no.203450-203460/2014 (s-dis) and to pass ..... employer. if once such fraud is detected, the appointment orders themselves which were found to be tainted and vitiated by fraud and acts of cheating on the part of employees, were liable to be recalled and were at least voidable at the option of .....
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..... the provisions of sub-section (4) or an entry certified under sub-section (6) of section 129 or records made under section 127 or 129 under chapter xi of the karnataka land revenue act can file an appeal under section 136(2) of the karnataka land revenue act before such officer as may be prescribed by the state (assistant commissioner) government 34 the those whose decision shall be final and deputy commissioner may on his own motion ..... , and (a) (b) claims against government relating to any property pertaining to any office or for any service whatsoever, objections- (i) to the amount or incidence of any assessment of land revenue, or (ii) to the mode of assessment or levy, or to the principle on which such assessment or levy is fixed, or (iii) to the validity or effect of the ..... 69, the honble full bench has examined the intention behind the legislation of the land revenue act which is as under:-"24 framed by ..... though the land revenue act came into force on 19th march, 1964 any persons affected by an order under sub-section (4) or (6) of section 129 before such officer prescribed (assistant commissioner) by the state government deputy commissioner on his own motion or on application of a party, call for and examine any records made under sections 127 and ..... he would contend that the jurisdiction to examine and adjudicate the validity of title over immovable property is vested in the civil court only and that by the impugned proceedings the respondent no.1 is attempting to usurp the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... -section (4) or an entry certified under sub-section (6) of section 129 or records made under section 127 or 129 under chapter xi of the karnataka land revenue act can file an appeal under section 136(2) of the karnataka land revenue act before such officer as may be prescribed by the state government (assistant commissioner) 34 whose decision shall be final and deputy commissioner may on his ..... in the rank of assistant commissioner/appellate authority and deputy commissioner/revisional authority under provisions of section 136 (2) and (3) of the karnataka land revenue act cannot decide the dispute between interse parties involving adjudication relating to title and possession and they are authorized only to decide the entries ..... revenue act came into force on 19th march, 1964 any persons affected by an order under sub-section (4) or (6) of section 129 before such officer prescribed (assistant commissioner) by the state government and the deputy commissioner on his own motion or on application of a party, call for and examine any ..... service whatsoever, (b) objections- (i) to the amount or incidence of any assessment of land revenue, or (ii) to the mode of assessment or levy, or to the principle on which such assessment or levy is fixed, or (iii) to the validity or effect of the notification of survey or settlement; 25 (c) claims connected with or arising out of any and the proceedings for realization of land revenue or other demands recoverable as arrears of land revenue under the act .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... , all the jurisdiction, powers and authority exercisable immediately before that day by all courts except the supreme court in relation to (a) recruitment, and matters concerning recruitment, to any civil service of the state or to any civil post under the state; (emphasis supplied) in view of sections 15 and 19 of the act, a person aggrieved of any matter pertaining to recruitment to any civil service of the state, may make an application to the state administrative tribunal for redressal of his grievance. ..... on being asked by this court as to whether the petitioner has a statutory remedy under section 15 of the administrative tribunals act, 1985 ( the act') as against the recruitment notification impugned herein, counsel for the petitioner answered in the negative and relied on a decision of this court dated 16th january 2015 in w.p.no. ..... in this writ petition, petitioner is seeking for quashing of recruitment notification dated 24.06.2015 issued by the deputy commissioner, government of karnataka, raichur, inviting applications for the post of village accountants. ..... hence, state administrative tribunal has jurisdiction to examine the grievance of the petitioner. 4. ..... to examine as to whether the grievance of the petitioner could be agitated before the state administrative tribunal, section 15 of the act to the extent it is relevant herein needs to be noticed: 15. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the action of the respondent corporation in having not sought approval of termination of the petitioner from service by filing an application under section 33(2)(b) of the act is void and inoperative in view of the law declared by the apex court in the case of jaipur jilla ..... present case, the tribunal accepted that during this very short span of service as a daily wager the respondent had committed the misconduct which had been ..... labour court or any adjudicating authority, before whom an order of dismissal of a workman is challenged, has jurisdiction to examine as to whether the order of dismissal contravened section 33 of the act. ..... does not say, that the legal forum, before whom the order of dismissal of a workman is challenged, is not empowered to examine as to whether the order of dismissal contravened section 33 of the act. 9. ..... (prayer: this writ appeal is filed u/s 4 of the karnataka high court act, 1961 praying to set aside the judgment dated 14.08.2012 passed by the learned single judge in w.p.no.83808/2011 to the extent it directs 25% backwages to the respondent, further be pleased to allow the writ petition as ..... , learned counsel for the appellant-corporation contended that the respondent-workman ought to have availed of the remedy provided under section 33a of the act for contravention of section 33 by the appellant-employer, and, therefore, the learned single judge should not have examined as to whether the dismissal order dated 30.09.2007 contravened section 33 of the act. .....
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