Court : Karnataka
Reported in : ILR1994KAR3764
j.f. saldanha, j1. i have heard learned counsel representing the various petitioners as also the learned counsel representing the respondents. there is only one narrow point that has been vehemently canvassed by the counsel representing the petitioners which i shall summarise as follows.-admittedly the petitioners along with several others had applied for the post of helpers 'b' with the respondent - corporation. the selection process was completed and these petitioners received a letter from the corporation to the effect that they had been selected but that they would be offered actual employment at a prospective date. in the meanwhile, since the corporation required the services of some persons in that capacity on a purely short term or rather ad-hoc basis, the petitioners were offered what was known as a badli post pending their regular appointments. though a contention is raised that this was a subterfuge and that it must be treated as the petitioners having joined their regular posts, i am not prepared to uphold that argument because the corporation had very clearly specified that it was a 'badli appointment' and there is provision in the corporation's rules itself for such ad-hoc assignments. it is a recognised fact that sometimes due to shortage of hands or other reasons, an employer may, as a stop gap arrangement utilise the services of some employees and it is a well settled law that such an appointment cannot be treated on parity with a regular appointment.2. .....
Tag this Judgment!Court : Karnataka
Reported in : II(1996)ACC62; 1996ACJ7; ILR1995KAR2302; 1995(4)KarLJ346
saldanha, j.1. this is an appeal, which creates a rather delicate situation for the court and raises, once more a situation whereby the court is required to almost bend over backwards for purposes of moulding a relief within the framework of the law. though the issue appears to be relatively simple, namely, the question as to whether under the provisions of the workmen's compensation act the heirs of the deceased employee are entitled to compensation in the light of the unusual facts of this case, the time frame itself and the paucity of evidence before the trial court have seriously complicated the matter. the appellant, in the year 1980, was employed as a supervisor with the first respondent-company. at the relevant time, his salary was rs. 801.80 per month. he was deputed to visit bangalore in connection with some official duties and, in the course of this visit, that too on a sunday, he suddenly died of cardiac arrest. his widow who is the present appellant no. 1, on her behalf and on behalf of the three minor daughters and one son, filed an application for compensation before the authority constituted under the taw. the case made out by her was that her husband was in the prime of his life, that he had absolutely no history of any cardiac ailment or any other serious problems of any kind. it is her case that he was subjected to abnormally high strain and tension in the course of his employment by the company which included the fact that in addition to his work in the .....
Tag this Judgment!Court : Karnataka
Reported in : [2001(89)FLR66]; ILR2001KAR1060; (2002)IVLLJ558Kant
v. gopala gowda, j. 1. this civil petition is filed seeking to review the order dated may 30, 1998 passed by this court in w.p. no. 6877/1999. the grounds for review inter alia arc that on the date of passing the impugned order the counsel did not receive the cause list and therefore he could not be present before the court. it is also stated that even though objections statement to the writ petition was prepared, the same was not filed on account of this reason.2. detailed statement of objections have been filed praying for dismissal of the review petition.a skeleton of facts are necessary to dispose of this review petition and they are:-workmen's compensation act. the commissioner overruled the objection and granted compensation in a sum of rs. 51,667.20. being aggrieved by the said award, the insurance company has come in appeal.4. the short question involved in this appeal revolves round the fact whether the claimant could come within the definition of the term 'dependent' in order to maintain her claim for compensation for the death of the workman concerned. according to the facts narrated in the order of the commissioner at paragraph 3, it is evident that the claimant is a married lady and her husband is alive, however he is said to be ailing. it has also been stated that the claimant is fully dependent on the deceased 'workman who is her brother. the claimant is the only legal heir of the deceased workman.5. section 2(d) of the workmen's compensation act defines the .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(1)KarLJ515; (2009)IIILLJ584Kant; 2009(1)AIRKar453
p.d. dinakaran, c.j.1. these appeals are directed against the common order of the learned single judge dated 29-10-2007 passed in the writ petition nos. 5810 of 2006 and 35369 of 2003 and other connected matters wherein the appellants have chosen to challenge the constitutional validity of section 7-q of the employees' provident funds and miscellaneous provisions act, 1952 (hereinafter called 'the act' in short) and in some of the cases, the orders passed under sections 7-a, 7-q and 14-b of the act. in the said writ petitions, the constitutional validity of section 7-q was upheld by this court and liberty was reserved to the petitioners to file appropriate appeals before the appropriate authority in accordance with law insofar as the orders passed by the authorities under sections 7-a, 7-q and 14-b of the act.2. mr. j.n. naveen, learned counsel for the appellants contends that ' in view of section 14-b of the act, section 7-q, which renders the employers liable to pay simple interest amounts to double jeopardy.3. for the purpose of appreciating the legal submissions made by the learned counsel for the appellants, the provisions of sections 7-a, 7-q and 14-b of the act are extracted hereunder.7-a. determination of moneys due from employers. - (1) the central provident fund commissioner, any additional central provident fund commissioner, any deputy provident fund commissioner, any regional provident fund commissioner, or any assistant provident fund commissioner may, by order .....
Tag this Judgment!Court : Karnataka
Reported in : 2003ACJ2127; [2003(96)FLR740]; 2003(2)KarLJ301
s.b. majage, j.1. the appellant filed a petition under section 22 of the workmen's compensation act before the commissioner for workmen's compensation at belgaum, claiming compensation of rs. 5 lakhs stating that her son viz., mahesh naik, aged 20 years, who was working as cleaner on vehicle bearing no. ka-22/5631 belonging to the first respondent on monthly salary of rs. 2,000/- with bhatta of rs. 1,000/- per month, met with an accident on 24-8-2000 near national restaurant near tumkur when said vehicle was dashed by another vehicle bearing no. ka-02/d-7779 coming from opposite direction and later died while taking treatment and hence, she, being the mother of deceased, is entitled to compensation. the first respondent-owner of the vehicle did not appeal-before the commissioner in spite of service of notice and hence, he was proceeded ex parte. the second respondent-insurance company, which was wrongly impleaded earlier, did not prefer to file any objections. however, third respondent (another insurance company), impleaded later, filed objections. after enquiry, the commissioner allowed the claim petition and held that appellant is entitled to compensation of rs. 1,86,548.00 with interest @ 12% per annum, if the amount is not paid within 30 days from 3-4-2001. not satisfied with the said order, the appellant has filed present appeal before this court.2. according to the appellant, in view of her positive and unrebutted evidence that her son was getting wages @ rs. 2,000/- .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2001KAR2845; (2001)IILLJ1044Kant
orderd.v. shylendra kumar, j.1. the petitioner who is an employee of the respondent-bank and who had sought for voluntary retirement in a scheme envisaged by the respondent-bank, has approached this court invoking the provisions of article 226 of the constitution of india, seeking for a writ in the nature of declaration declaring that the sub-clause (j) of clause 10 of the bank's voluntary retirement scheme circulated by the staff circular no. 121/2000-2001 (annexure-b to the writ petition) is illegal, unconstitutional and unenforceable and consequently to quash the communication dated february 27, 2001 by which the bank had advised the petitioner to comply with the requirement of the said clause.2. sri rajagopal, learned counsel appearing for the petitioner submits that clause 10(j) which is one of the general conditions required to be complied to accept an application for voluntary retirement and which requires an applicant who is an office bearer/director of state bank of mysore employees' housing co-operative society/co-operative credit society/employees' consumer co-operative society, to furnish a 'no objection'/'no due certificate' from the respective society is a condition which has no relevance to the scheme of voluntary retirement and the object of permitting the employee to seek retirement before superannuation and as such, is an unreasonable and arbitrary condition. learned counsel submits that the said clause is violative of articles 14, 16(1), 19(1)(g) and 21 of .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(2)KarLJ80
k. sreedhar rao, j.1. one anil kumar-the deceased was employed as an attender under the 1st respondent (private medical practitioner). on 13-10-1995 the 1st respondent (employer) directed the deceased workman at about 11.30 p.m. in the night to carry the drug load on the motor cycle from the clinic to his residence. the deceased while driving the motor cycle met with an accident an.' died. second and third respondents herein who are the legal heirs of the deceased made a claim before the workmens' compensation commissioner seeking compensation. the workmens' compensation commissioner has awarded compensation of rs. 2,13,570/-. the insurer of the motor cycle is directed to pay the compensation, hence the insurer is in appeal.2. substantial question of law that arises for our consideration in this appeal are as follows.:a. whether the entrustment of motor cycle by the 1st respondent to the deceased workman for the purpose of his clinic work is within the expression of 'engaged in driving of the vehicle' as per the proviso to section 147(1)(a) of the motor vehicles act, 1988?b. based on the above facts whether the workmens' compensation commissioner is justified in holding that the accident occurred in the course of and out of employment?c. when the claimants say that the deceased was getting a salary of rs. 1,800/- per month, whether the workmens' compensation commissioner is justified in assessing the wages at rs. 2,000/- per month?3. sri a.m. venkatesh, learned counsel .....
Tag this Judgment!Court : Karnataka
Reported in : [2006(110)FLR695]
n.k. sodhi, c.j.1. this writ appeal is directed against the order dated march 3, 2005 passed by the learned single judge allowing writ petition no. 45628/2001 whereby the case has been remitted back to the state government to reconsider the issue.2. the appellant before us is sri radhakrishna bhakta mandali trust which is administering radhakrishna temple at bangalore. subramanya shastry respondent no. 1 is the priest engaged in the temple who performs pooja for the devotees who visit the temple. it is alleged that on receipt of several complaints from the devotee the services of the respondent no. 1 were terminated. he sought to raise an industrial dispute. conciliation proceedings were held which did not fructify. the state government exercising its powers under section 10(1) read with section 12(5) of the industrial disputes act, 1947 (for short 'the act') declined to refer the dispute for adjudication observing that the temple run by the trust is not an industry within the meaning of clause (j) of section 2 of the act and therefore the act was not applicable. this order of the state government came to be challenged by the respondent no. 1 who claims to be a workman. the writ petition has been allowed by the learned single judge holding that the state government while declining the reference could not have adjudicated the dispute. the order declining the reference has been set aside and the case remitted to the government for redecision. it is against this order that the .....
Tag this Judgment!Court : Karnataka
Reported in : III(2006)ACC779; 2006ACJ2596; AIR2006Kant237; 2006(4)KarLJ167
anand byrareddy, j.1. the insurance company, which is fastened with the liability to compensation in respect of a deceased workman, is in appeal.2. the facts are as follows:the respondents no. 1 to 4 represent the deceased workman. the workman had died in an accident involving a tempo tax which was being driven by him. he was employed by respondent no. 5, who was the owner of the vehicle and the said vehicle was insured with the appellant. the claim for compensation was resisted by the appellant mainly on the ground that the workman did not possess a valid and effective driving licence at the time of accident and hence the appellant was absolved of liability under the policy of insurance. the contention having been negatived by the commissioner for workmen's compensation, the present appeal.3. shri. a.m. venkatesh, counsel for the appellant submits that the admitted fact is that the workman was holding a licence to drive light motor vehicles and the same was effective from 28.11.1995 to 28.11.2000. the licence was not renewed. the accident had occurred on 8.4.2001. the driver was hence not only not licenced to drive a tempo, as he had held a licence to drive only light motor vehicles but he did not even hold a valid and effective driving licence as on the date of accident. the insured having knowingly engaged the workman who did not possess a valid and effective driving licence as on the date of accident, there was a breach of the policy conditions. he would submit that in .....
Tag this Judgment!Court : Karnataka
Reported in : 2007ACJ83; 2007(4)KarLJ598
1. the dismissal of the claim petition has given rise to this appeal and the only point that is involved in this matter is whether tribunal was justified in directing the appellant to seek relief from the forum under the e.s.i. act2. the learned counsel for the appellant sri k.v. narasimhan submitted that the accident in question took place on a public road before the appellant could enter his office premises and further, the appellant was going on his own bicycle when the accident took place involving a tempo. therefore, it was submitted that the tribunal erred in placing reliance on section 53 of the e.s.i. act as well as on the judgment of this court in the case of united india insurance co. ltd. v. k.n. thipperudraiah, reported in i.l.r 1997 kar 292, on that point.3. having heard the submissions made by both sides, it is clear from the facts narrated in the course of the order passed by the tribunal that the appellant was going on his own bicycle and just before entering the office, the accident took place involving a tempo and, therefore, the question of the case coming within the purview of section 53 of the e.s.i. act does not arise and furthermore, the injury sustained by the appellant also does not come within the purview of section 2(8) of the e.s.i. act. section 2(8) of the e.s.i. act defines employment injury as follows:'employment injury' means a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his .....
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