Court : Andhra Pradesh
Decided on : Sep-12-1995
Reported in : 1996(1)ALT716
Y. Bhaskar Rao, J. 1. Assailing the order dated February 11, 1994 made in W.P. No. 2039 of 1994 by the learned Single Judge of this Court, this writ appeal is filed. The facts of the case are as follows : The appellant is the son of one G. Veeranna who was working in the services of the respondent corporation as a Sweeper. He (G. Veeranna) died on May 1, 1989 while he was in service leaving behind the appellant and the other family members as his legal heirs. While so, the A.P.S.R.T.C. issued Circular PD-112/1987 dated October 5, 1987 where in 30% posts of helpers, kalasis have been allotted to the children of the deceased employees, retired employees and employees who were declared medically unfit. In the said circular the criteria for recruiting the Children of the ex-employees of the Corporation under the above said 30% quota was also laid down. The appellant-petitioner made an application to the corporation authorities to appoint him on compassionate grounds. The said application w...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-27-1995
Reported in : 1996(1)ALT491; (1996)IILLJ185AP
ORDERY. Bhaskar Rao, J. 1. This batch of writ petitions is filed by the petitioners to declare the action of the respondents in not appointing them in the quota reserved for the children of the employees who died in harness, employees voluntarily retired on medical grounds, employees retired and died, employees who retired and employees who have completed 25 years of service in the Corporation, as arbitrary and violative of Article 14 of the Constitution and to issue a suitable direction to the respondents to consider their cases. The case of the petitioners is that though circulars are issued by the Corporation from time to time to provide employment to the children of the above categories of employees on compassionate grounds, but the respondent Corporation refused to appoint them on the ground that other members of the family of the said categories of employees have already been appointed and working in the Corporation.2. It is contended by the Standing Counsel for the respondent Co...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-08-1995
Reported in : (1995)127CTR(AP)467; [1995]214ITR368(AP)
Syed Shah Mohammed Quadri, J. 1. In this batch of cases, under section 256(1) of the Income-tax Act, 1961, the following two questions are referred to this court for opinion : '(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in holding that 40 per cent. of the incentive bonus is an allowance of the nature mentioned under section 10(14) and exempting the same under that provision (2) Whether, on the facts and in the circumstances of the case, the finding of the Income-tax Appellate Tribunal that the incentive bonus included in allowance either to the extent proved or reasonably at 40 per cent. of the incentive bonus, which is exempt under section 10(14), is based on any material available on record ?' 2. To answer the above questions, it may be useful to refer to the facts in one of the cases. We propose to refer to the facts as stated in the statement of case in Revision Case No. 30 of 1991. The assessee was the Development ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-30-1995
Reported in : 1995(3)ALT644; (1998)IIILLJ450AP
Motilal B. Naik, J. 1. This writ petition is filed by the VST Industries Canteen Workers' Union represented by its Secretary P. Navaneetham seeking a mandamusdirecting the first respondent to treat the members of the petitioner-Union who are the employees of the Canteeen, established under Section 46of the Factories Act by the first respondent, as the employees of the first respondent-Company and seeks a consequential direction to tender all monetary and other benefits accrued and acquired by treating them as employees of the first respondent.2. The claim of the petitioner is that it is a union registered under Trade Unions Act vide Regd. No. B. 1421 and by their resolution dated April 19, 1992 authorised the Secretary Sri P. Navaneetham to file the present writ petition seeking a direction to direct the respondents to treat the canteen workers and the members of the petitioners-Union numbering 65 (the said list is described in Annexure-I of the material papers) as the employees of the...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-21-1995
Reported in : 1995(2)ALT699
ORDER1. Common law does not oblige an employer to provide appointment to the dependents of a deceased employee. Even the Constitution of India does not specifically oblige any employer to provide compassionate appointments to the legal heirs or the dependents of the deceased employees. In other words, no dependent of an employee who dies in harness can claim compassionate appointment as a matter of right unless a scheme is framed by the concerned employer either under a Statute or in exercise of its executive or administrative power providing such appointments. However, in consonance with the concept of Welfare State, in recent times, the employers both in private and public sectors have evolved schemes providing for compassionate appointments to the legal heirs and the dependents on account of the untimely death of an employee in harness. Accordingly, in the present case the management of the respondent company had evolved a scheme by way of an executive act providing for compassionat...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-27-1995
Reported in : 1995(3)ALT564
Y. Bhaskara Rao, J. 1. Both the appeals are preferred assailing the judgment of the learned single judge in W.P. No. 14273 of 1990 to the extent they are against the appellants. The parties are referred to as arrayed in the writ petition for the sake of convenience. 2. The writ petitioner entered into the service of the Life Insurance Corporation of India in the year 1967 as assistant. On January 2, 1976 he was served with a charge-sheet since he was unauthorisedly absent from duties for the period from October 2, 1974 for which the petitioner submitted his explanation on January 16, 1975. An Enquiry Officer was appointed who after conducting enquiry submitted a report observing that the petitioner misconducted himself by his unauthorised absence and accordingly an order of removal was passed on July 30, 1995. Aggrieved by the same, the petitioner agitated before the Department by filing several representations till 1986 when he approached this Court by way of a writ petition in W.P. N...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-14-1995
Reported in : [1996]87CompCas22(AP)
S.V. Maruthi, J. 1. The question involved in this writ petition is, whether the Board for Industrial and Financial Reconstruction constituted under section 4 of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as 'the Act'), has the power to restrain the company from effecting any change in the composition of the board of directors including top managerial personnel pending decision on the question of rehabilitation of the company? The facts, in brief, are as follows : 2. The petitioner is one of the promoters of the second respondent-company, namely, Delta Paper Mills Limited. The company was incorporated in the year 1975 as a public limited company under the Companies Act. Mr. Bh. Vijayakumar Raju, was the managing director from 1975 till May 10, 1985, and Mr. P.V. Narasimha Raju, was the managing director of the second respondent-company between May, 1985, and September, 1991. Mr. Bh. Vijayakumar Raju, became the managing director from September ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-13-1995
Reported in : II(1996)ACC205; 1995(3)ALT673
Motilal B. Naik, J.1. This Civil Miscellaneous Appeal is directed against the judgment and decree in O.P.No.52 of 1992 on the file of the Additional Chief Judge, City Civil Court, Secunderabad.2. The Appellants are the claimants in O.P.No. 52/1992. The first appellant is the husband of late Stella Shantha Kumari. Appellant Nos. 2 and 3 are the minor son and minor daughter born out of the wedlock between the first appellant and late Stella Shantha Kumari.3. It is the case of the appellants that the deceased Smt. Stella Shantha Kumari was working as a Teacher in Bharatiya Vidya Bhavan, Basheerabagh, Hyderabad. On the date of the accident, she was drawing a monthly salary of Rs. 2,500/-, aged about 39 years and was quite hale and healthy. It is further stated that the deceased was coming from Begumpet Police lines to Secunderabad Railway Station on a scooter bearing No.AHU 5516 along with her husband-first appellant herein around 6-40 PM. After crossing Paradis X Roads, an auto-rickshaw b...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-07-1995
Reported in : 1995(3)ALT271; (1996)ILLJ1082AP
Lingaraja Rath, J.1. Questions of pervasive importance centering around entitlement of advocates to appear for Managements in industrial adjudication before Industrial Tribunals and Labour Courts, as officers of Association of employers or of Federation of Associations of employers, provided for in Section 36(2) of the Industrial Disputes Act, 1947, hereinafter referred to as 'the Act', are the issues slated for decision in this appeal. 2. Before we tackle the question urged, the factual background of the case necessitates brief elucidation. 3. An industrial dispute between the appellant and respondent No. 1 relating to the rate of allowances payable to the workmen for shift duty having been referred to the Industrial Tribunal, Hyderabad, registered as I.D. Case No. 44 of 1991 Mr. C.V. Mohan Reddy, an advocate of this Court filed vakalat along with an application for being permitted to appear for respondent No. 1. The application was rejected as the appellant did not consent to the app...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-29-1995
Reported in : 1996(1)ALT730
1. This appeal is filed by the claimants under Section 173 of the Motor Vehicles Act to set aside the award passed by the Tribunal in M.V.O.P. No. 22 of 1990, dated 25-2-1992 and to award compensation as claimed for by them. A few facts which are necessary to dispose of this appeal are as follows:- The deceased was a Class IV employee working in the Nandyal Branch of the State Bank of India drawing roughly about Rs. 3,000/- per month. On 30-4-1989 at about 7.30 p.m. the deceased and his friend were going on a Moped and the said vehicle was driven by the deceased. At a place near Bommalasatram, the tractor bearing registration No. AAQ 1178 came from the opposite direction and dashed against the moped. As a result of the impact, the deceased fell down from the moped and sustained serious injuries to which he succumbed while undergoing treatment in the Government General Hospital, Kurnool. At the time of his death, he was aged 39 years. The claimants filed an application under Sections 92...
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