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The Assistant Engineer (Cxl), Maintenance, Telephone Exchange, Belgaum ...

Court : Karnataka

Reported in : [2000(87)FLR633]; ILR2000KAR3493; 2000(6)KarLJ14; (2001)ILLJ404Kant

..... in view the above discussions, it squarely follows that the respondent being an employee of the department of telephones of the central government, no dispute could have been raised by him before the labour court by invoking the provisions of sub-section (4-a) of section 10 of the act and as such the entire adjudication proceedings culminated into passing of the impugned award was ab initio void being ..... the appellant-assistant engineer of telephone exchange after his appearance before the labour court raised a preliminary objection questioning the jurisdiction of the labour court to adjudicate the dispute but the same was rejected by order dated 2-12-1994 holding that the court is competent to adjudicate the dispute in respect of employee ..... provision, the respondent, who was admittedly in the employment of the department of telephones, being a limb of the central government, as stated above raised a dispute by filing a complaint on 28-4-1989 before the labour court at hubli, which has been constituted by the state government, and obtained the impugned award of reinstatement. ..... of communication to him of the order of discharge, dismissal, retrenchment or termination or the date of commencement of the industrial disputes (karnataka amendment) act, 1987, whichever is later, apply, in the prescribed manner, to the labour court for adjudication of the dispute and the labour court shall dispose of such application in the same manner as a dispute referred under sub-section (1)'.8-a. .....

Pramod Mehra Vs. Vivek Textile Mill Karmikara Sangha and ors.

Court : Karnataka

Reported in : (2000)ILLJ631Kant

..... the country we shall send a detailed reply to the aforesaid notice by february 6, 1996, at the latest'.from these legal notices exchanged, it becomes abundantly clear that petitioner was aware of the award passed by the second additional labour court which was modified by this court in the earlier writ petition filed by the first respondent sangha. ..... the affidavit dated august 10, 1999 filed by the petitioner on (august 11, 1999 the petitioner has stated on oath that he was not aware of the proceedings before second additional labour court and that if he had received the notice, certainly he would have participated in the proceedings and put forth his case effectively. ..... hence, the first prayer to quash the impugned order at annexure-a dated october 14, 1996 passed by the labour commissioner granting permission to the first respondent sangha to initiate proceedings against the petitioner and other director for the violation of ..... after perusing the documents obtained by the petitioner from the magistrate court, proceedings of the labour commissioner dated october 14, 1996 granting sanction in favour of the 1st respondent sangha for ..... petitioner submits that he has no knowledge of the said proceedings before the labour court nor proceedings before this hon'ble court in the writ petition preferred ..... as already noticed, the petitioner had the knowledge of the award of labour court as early in january 1996 when the second legal notice at annexure-r6 dated january 22, 1996 was served .....

Gopalaiah Vs. the Chairman and Managing Director, State Bank of Mysore ...

Court : Karnataka

Reported in : [1999(81)FLR976]; ILR1998KAR3663; 1998(6)KarLJ359; (1999)ILLJ229Kant

..... after entering upon the reference and allowing the parties to lead evidence, vide its award dated 2nd of june, 1988 (annexure-j), the labour court rejected the reference holding that the first respondent-bank was justified in terminating the services of the appellant, as he had allegedly committed the fraud and secured the appointment by ..... belongs to a backward community and hails from a poor family got his name registered in the employment exchange stating therein that he had studied upto sslc, but had not completed the same. ..... learned counsel for the appellant has submitted that non-consideration of annexure-hl makes the finding of the labour court perverse, yet we propose not to disturb the finding of fact arrived at by the labour court and have decided to dispose of this appeal on the admitted or so called proved facts. ..... the learned counsel appearing for the appellant has submitted that both the labour court as well as the learned single judge committed a mistake in holding that the appellant had misrepresented or committed the fraud, as according to him, another person of the same name was also a student of the ..... of the fact that while exercising writ jurisdiction, particularly, in appeal, this court cannot disturb the findings of fact arrived at by the labour court, a court of fact, unless such finding is shown to be perverse or based upon no evidence. ..... to be possessing of requisite minimum qualification and sponsored by the employment exchange for the post of peon. .....

D.M. Nagesh and ors. Vs. the Assistant Superintendent of Post Offices, ...

Court : Karnataka

Reported in : ILR2002KAR356; 2002(3)KarLJ209

..... . it should be ensured that nominations are called for from employment exchange to fill up the vacancies of casual labourers so that ultimately the casual labourers who are considered for extra departmental vacancies have initially been sponsored by employment exchange'.as rightly held by the tribunal, the said circular applied only to persons employed as casual labourers and not to the persons who were appointed on substitute basis or on provisional basis (whose position is ..... . the suggestion has been examined in detail and it has been decided that casual labourers, whether full time or part-time, who are willing to be appointed as extra departmental vacancies may be given preference in the matter of recruit- ment of extra departmental posts, provided they ..... of group 'd' is limited and the number of extra departmental employees eligible for recruitment as group 'd' is comparatively large, the casual labourers and part-time casual labourers hardly get any chance of their being absorbed as group 'd' ..... , a suggestion has been put forth that casual labourers, both full and part-time should be given preference for recruitment as extra departmental agents, in case they are willing, with a view to afford the casual labourers a chance of ultimate absorption as group 'd'.4 ..... they should be extended the benefit of the following instructions contained in the letter dated 6-6-1988 issued by the dgp:'preference to casual labourers in the matter of appointment as extra departmental agents.--1 .....

S.M. Pattanaik Vs. Secretary to Government of India

Court : Karnataka

Reported in : ILR1986KAR3954; (1987)IILLJ113Kant

..... tribunals, by such of the civil servants who are also workmen as defined in the industrial disputes act, writ petitions could be filed before the high courts against the final award or interim order of the labour courts or industrial tribunal made under section 10 or 33 of the industrial disputes act by the management/government or by civil servant whoever is aggrieved by the award or order, for the jurisdiction of the ..... (2) the matters referred to in clause (1) are the following, namely :- (a) levy, assessment, collection and enforcement of any tax; (b) foreign exchange, import and export across customs frontiers; (c) industrial and labour disputes; (d) land reforms by way of acquisition by the state of any estate as defined in article 31a or of any rights therein or the extinguishment or modification of any such rights or by way of ceiling on agricultural land or ..... matters concerning recruitment to any service or post or service matter concerning members of any service, or persons appointed to any service or post, no court except - (a) the supreme court; or (b) any industrial tribunal, labour court or other authority constituted under the industrial disputes act, 1947 or any other corresponding law for the time being in force. ..... the administrative tribunal it is necessary to notice the amendment to section 28 of the act by which the jurisdiction of labour courts and industrial tribunals, are saved, in addition to that of the jurisdiction of the supreme court under article 136 .....

Sri T N Rangaswamy Vs. The State Of Karnataka

Court : Karnataka

..... .5. lok/bcd/166/2003 s.m.raju, ias1112/2003 labour are-1 director, employment go recd and training, bangalore 25/11/2004 shivalinga murthy joint director, employment exchange and training, subbaiah circle, bangalore ..... e3.11. it is the case of petitioner that he is a practicing advocate for more than 15 years and he has co-authored a commentary titled commentaries on foreign exchange management act, and money laundering law which is published by lexis nexis .....

Chidananda Urs B.g Vs. The State Of Karnataka

Court : Karnataka

..... .5. lok/bcd/166/2003 s.m.raju, ias1112/2003 labour are-1 director, employment go recd and training, bangalore 25/11/2004 shivalinga murthy joint director, employment exchange and training, subbaiah circle, bangalore ..... e3.11. it is the case of petitioner that he is a practicing advocate for more than 15 years and he has co-authored a commentary titled commentaries on foreign exchange management act, and money laundering law which is published by lexis nexis .....

The Advocates Association Bengaluru Vs. The Chief Secretary

Court : Karnataka

..... .5. lok/bcd/166/2003 s.m.raju, ias1112/2003 labour are-1 director, employment go recd and training, bangalore 25/11/2004 shivalinga murthy joint director, employment exchange and training, subbaiah circle, bangalore ..... e3.11. it is the case of petitioner that he is a practicing advocate for more than 15 years and he has co-authored a commentary titled commentaries on foreign exchange management act, and money laundering law which is published by lexis nexis .....

Samaj Parivarthana Samudaya Vs. State Of Karnataka

Court : Karnataka

..... .5. lok/bcd/166/2003 s.m.raju, ias1112/2003 labour are-1 director, employment go recd and training, bangalore 25/11/2004 shivalinga murthy joint director, employment exchange and training, subbaiah circle, bangalore ..... e3.11. it is the case of petitioner that he is a practicing advocate for more than 15 years and he has co-authored a commentary titled commentaries on foreign exchange management act, and money laundering law which is published by lexis nexis .....

Sri. Kale Gowda Vs. The State Of Karnataka

Court : Karnataka

..... .5. lok/bcd/166/2003 s.m.raju, ias1112/2003 labour are-1 director, employment go recd and training, bangalore 25/11/2004 shivalinga murthy joint director, employment exchange and training, subbaiah circle, bangalore ..... e3.11. it is the case of petitioner that he is a practicing advocate for more than 15 years and he has co-authored a commentary titled commentaries on foreign exchange management act, and money laundering law which is published by lexis nexis .....