Court : Karnataka
Reported in : [2005(104)FLR161]; ILR2004KAR4890; 2004(6)KarLJ59; (2005)ILLJ364Kant
ORDERN. Kumar, J.1. The petitioner has challenged in this writ petition the award of the Labour Court dated 3-4-1998 where, on a preliminary point the Labour Court held that the petitioner is not a workman under Section 2(s) of the Industrial Disputes Act, 1947 and consequently passed an award dated 19-6-1998 rejecting his application filed under Section 10(4-A) of the Industrial Disputes Act in which he has challenged the order of termination,2. The case of the petitioner in brief are as under:He was appointed as a Shift Operator (Process) on a salary of Rs. 600-00 per month on 9-2-1976. His appointment was subsequently confirmed on 12-2-1977. Annexure-A is the order of appointment. Annexure-B is the order of confirmation. Petitioner was promoted as Junior Officer (Process) with effect from 1st March, 1982. His salary was raised from Rs. 600-00 to Rs. 1100-00. Annexure-C, dated 9th March, 1982 is the letter evidencing the said fact. He was called upon to enter into a service contract ...
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR551
Bharuka, J.1. This Writ application has been filed seeking quashing of the Endorsement dated 24th June 1992 (Annexure-H) by which respondents have rejected the application of the petitioner No. 2 for providing appointment on compassionate grounds and for a consequent Mandamus directing the respondents to appoint her on the post of Junior Assistant or of Typist or to any suitable Class-III post in the Karnataka State Road Transport Corporation (hereinafter for short, 'the Corporation').2. Petitioners 1 and 2 are respectively wife and daughter of late K. Bhaskar Bhakta, who was working as an Artisan in the respondent-Corporation and died in harness on 8th May, 1989.3. Petitioner No. 2 claims that after passing her Pre-University Examination in 1986 she has also passed English Typewriting Junior Examination conducted by the Karnataka Secondary Education Examination Board. She also seems to have passed the Speed Test in English Typewriting conducted by the Commerce Institutes' Association ...
Tag this Judgment!Court : Karnataka
Reported in : [2006(108)FLR625]; ILR2005KAR6024; 2005(6)KarLJ514; (2006)ILLJ975Kant
ORDERN. Kumar, J.1. In these two writ petitions the same award is challenged by the petitioners to the extent they are aggrieved. Therefore, they are taken up for consideration together and disposed of by this common order. For the purpose of convenience, the parties are referred to as they are referred to in W.P. No. 37333 of 2000.2. The petitioner was appointed as mechanic helper B on 25-11-1969 in the respondent-establishment. On 19-4-1986, while examining the vehicle, accidentally he fell down from the top of the vehicle as a result of which he sustained multiple injuries and fractures. Immediately, he was taken to the hospital for medical treatment. The petitioner was a member of ESI Scheme and he was treated for a period of eleven months in the ESI hospital. He also took medical treatment as an outpatient at NIMHANS for a period of six months. On 15-5-1989, the petitioner reported for duty along with fitness certificate issued by a Competent Doctor on 4-5-1989. He was refused emp...
Tag this Judgment!Court : Karnataka
(Prayer: THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.29154/1999 DATED 7-1-2002.)NAGARATHNA. J1. The Karnataka Government Insurance Department (hereinafter, referred to as the "KGID” for the sake of brevity) has assailed the order of the learned Single Judge dated 07/01/2002 passed in W.P.No.29154/99. By the said order, it has been held that the appellant herein, who was the petitioner before the learned Single Judge, is an "Industry", within the meaning of Section unamended 2(j) of the Industrial Disputes Act, 1947 (hereinafter, referred to as the “I.D.Act", for the sake of brevity).2. The relevant facts leading up to the filing of this appeal are that the Government of Karnataka being of the opinion that an industrial dispute existed between the workmen and management of the KGID, by order dated 26/10/1994, referred the following points of dispute to the Industrial Tribunal, Bangalore, for ad...
Tag this Judgment!Court : Karnataka
Reported in : 2005ACJ122; ILR2003KAR4582
ORDERShylendra Kumar, J.1. Petitioner's husband was working as a Beekeeping Organiser in the Industries & Commerce Department, Z.P. Wing, Mandya. Petitioner's husband being an employee of the State Government, was under an obligation to take out a policy of insurance on his life during his tenure of employment and this is governed by the Karnataka Government Servants (Compulsory Life Insurance) Rules, 1958 ('the Rules' for short). Under Rule 6 of these Rules, insurance is compulsory for Government servants and a premium amount of 6 1/4 % of the average salary of the employee is required to be remitted to the Government for issuing a life assurance policy under these Rules. Under the Rules, there is an option given to an employee to have a life assurance policy over and above this amount also and on payment of higher premium.2. During his life time, the said employee, the husband of the petitioner had taken out three life assurance policies. Claim was not settled in respect of the Polic...
Tag this Judgment!Court : Karnataka
Reported in : [1990]69CompCas436(Kar)
Muralidher Rao, J.1. This appeal is by the plaintiff, Life Insurance Corporation of India, hereinafter referred to as 'the Corporation', arising out of Long Cause Suit No. 233 of 1961 on the file of the Second Additional Munsiff, Hubli. The Corporation filed a suit for recovery of Rs. 6,046.65 alleging that the said sum is due from defendants Nos. 1 to 3 after adjusting the amounts paid by them. Defendants Nos. 1 to 3 executed a simple mortgage deed on October 30, 1953, in four of the then United Karnataka Insurance Co. Ltd., Dharwar, for a sum of Rs. 8,000. It was agreed that the amount will carry interest at 6% per annum and the loan was repayable by monthly installments of Rs. 150 towards the principal and interest commencing from December 1, 1953 ; in default of payment of any six installments, the principal due on that date along with interest becomes payable. It was stated that after settlement of accounts, it was found that a sum of Rs. 4,882.53 was due to the Corporation calcul...
Tag this Judgment!Court : Karnataka
Reported in : 1984(1)KarLJ69; [1985]59STC178(Kar)
ORDERJagannatha Shetty, J.1. Each of these petitions under article 226 of the Constitution raises the same question regarding the constitutional validity of section 6B(1) of the Karnataka Sales Tax Act, 1957 ('Act' for short) as amended by Karnataka Act No. 13 of 1982, which provides for the levy of non-half per cent. of 'turnover tax' on every dealer whose total turnover in a year exceeds rupees one lakh. 2. In order to appreciate the contention urged in regard to the said question, it will be necessary to have regard to some of the relevant provisions of the Act. Section 2(1)(u-1) defines 'taxable turnover' to mean 'the turnover on which a dealer shall be liable to pay a tax as determined after making such deductions from his total turnover and in such manner as may be prescribed, but shall not include the turnover of purchase or sale in the course of inter-State trade or commerce or in the course of export of the goods out of the territory of India or in the course of import of the ...
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR3710; 2005(4)KarLJ481
ORDERV. Gopala Gowda, J.1. These batches of writ petitions are filed by the owners of agricultural and/or converted lands, house sites, residential/farm houses, companies and builders and others questioning the legality, validity and correctness of the acquisition of vast extent of lands for a development scheme called ARKAVATHI LAYOUT. The main features of the layout, as mentioned in the report of the Engineering Department of the BDA, are:(a) Total extent of land required : 2750 acres(b) Proposed residential sites : 28600(c) Civic Amenity sites : 50(d) Commercial sites : 150(e) Total estimation : Rs. 933.47 Crores(f) Total amount received : Rs. 981.36 Crores(g) Saving : Rs. 47.89 Crores(h) No. of villages covered : 16(i) No. of applicants : 2,32,000The details of various dimensions of the residential sites, the extent of land used for various purposes such as residential sites, park and play grounds, civic amenities, roads etc., the amount that would be realised from the sites, the t...
Tag this Judgment!Court : Karnataka
Reported in : 1995(4)KarLJ6; (1998)IIILLJ388Kant
G.C. Bharuka, J. 1. This writ application has been filed seeking quashing of the endorsement dated June 24, 1992 (annexure-H), by which the respondents have rejected the application of petitioner No. 2 for providing appointment on compassionate grounds and for a consequent mandamus directing therespondents to appoint her in the post of junior assistant or typist or any suitable class III post in the Karnataka State Road Transport Corporation (hereinafter for short, 'the Corporation'). 2. Petitioners Nos. 1 and 2 are respectively the wife and daughter of the late K. BhaskarBhakta, who was working as an artisan in the respondent-Corporation and died in harness on May 8, 1989. 3. Petitioner No. 2 claims that after passing her pre-university examination in 1986 she has also passed the English typewriting junior examination conducted by the Karnataka Secondary Education Examination Board. She also seems to have passed the speed test in English typewriting conducted by the Commerce Institute...
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR536; 2003(5)KarLJ466
ORDERS.R. Nayak, J.1. This writ petition is preferred by Chitradurga District Mazdoor Sangh, trade union represented by its President calling in question the inaction of the Management of Bhadra Sahakari Sakkare Karkhane Niyamita represented by its Managing Director, first respondent in the writ petition, in implementing the settlement produced as Annexure-A, dated 14-5-1998 and for a consequent direction to the management to implement the aforementioned settlement.2. The events leading to the filing of the writ petition be noted briefly as under:The services of members of the petitioner-Sangha, while serving as daily wagers, seasonal and regular employees in the establishment of the first respondent-factory, were terminated by the management. The concerned workmen instituted industrial disputes before the Labour Court, Hubli assailing the above action of the management. When those disputes were pending before the Labour Court, the management in response to several representations made...
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