Court : Karnataka
Decided on : Jun-19-1995
Reported in : ILR1995KAR2271; 1995(5)KarLJ296
ORDERKrishna Moorthy, J.1. In this Writ Petition, the petitioner prays for quashing Annexure 'A' order dated 11.3.1994 wherein the third respondent rejected the claim of the petitioner for an appointment on compassionate grounds and for a direction to Respondent to appoint the petitioner to a suitable post.2. Sri J. Siddappa, father of the petitioner was working as a Mechanic, Grade-II in the Respondent-Board for more than 20 years. He died in harness on 24.4.1979 leaving behind film his wife, six daughters and three sons. The eldest brother of the petitioner Sri Nagaraj is married and living separately, settled at Shimoga. Another brother Sri Rajachari is married and living separately at Jog. Four sisters of the petitioner are also married and living separately with their families. The petitioner is staying with his mother and unmarried sisters who are unemployed. Petitioner has completed VIII Standard and is unemployed. Petitioner submitted an application on 11.3.1993 to appoint him ...
Tag this Judgment!Court : Karnataka
Decided on : Jun-19-1995
Reported in : (1996)IILLJ560Kant
P. Krishna Moorthy, J.1. In this writ petition, the petitioner prays for quashing annexure 'A' order dated March 11, 1994, wherein the third respondent rejected the claim of the petitioner for an appointment on compassionate grounds and for a direction to the respondent to appoint the petitioner to a suitable post.2. Sri J. Siddappa, father of the petitioner, was working as a mechanic, Grade-11 in the respondent-board for more than 20 years. He died in harness on April 24, 1979, leaving behind him his wife, six daughters and three sons. The eldest brother of the petitioner, Sri Nagaraj, is married and living separately, settled at Shimoga. Another brother, Sri Rajachari, is married and living separately at Jog. Four sisters of the petitioner are also married and living separately with their families. The petitioner is staying with his mother and unmarried sisters who are unemployed. The petitioner has completed VIII Std. and is unemployed. The petitioner submitted an application on Mar...
Tag this Judgment!Court : Karnataka
Decided on : Feb-03-1995
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
Decided on : Feb-03-1995
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
Decided on : Jun-13-1995
Reported in : II(1996)ACC498; [1995(71)FLR783]; ILR1995KAR1998
1. The scope and ambit of the definition of wages as defined in Section 2(22) of the Employees' State Insurance Act, 1948 ('the Act' for short) arises for our consideration in this appeal. 2. The facts giving rise to this appeal, briefly stated, are as under : The 1st respondent is a Private Limited Company registered under the Companies Act of 1956. It is a small scale industry situated at Industrial Estate, Shimoga. This company is covered by the provisions of the E.S.I. Act. The Management has been paying production incentive to its employees since 1982. It has paid a total production incentive of Rs. 3,21,691.25. 3. On December 22, 1987, one M.P. Court-Accounts Officer, E.S.I. Corporation, visited the respondent-factory and conducted a test inspection. He noticed that the Management has paid a sum of Rs. 3,21,691.25 as production incentive to its employees. Hence, he prepared a report as per Ex. R1 and submitted the same to the Corporation. The Corporation issued a show cause notic...
Tag this Judgment!Court : Karnataka
Decided on : Jun-13-1995
Narayan, J.1. The scope and ambit of the definition of 'wages' as defined in section 2(22) of the Employees' State Insurance Act, 1948 ('the Act' for short) arises for out consideration in this Appeal.2. The facts giving rise to this Appeal, briefly stated, are as under:The 1st respondent is a Private Limited Company registered under the Companies Act of 1956. It is a small scale industry situated at industrial Estate, Shimoga. This company is covered by the provisions of the E.S.I. Act. The Management has been paying production incentive to its employees since 1982. It has paid a total production incentive of Rs. 3,21,691-25.3. On 22-12-1987, one M.P. Court-Accounts Officer, E.S.I. Corporation, visited the respondent - Factory and conducted a test inspection. He noticed that the Management has paid a sum of Rs. 3,21,691-25 as production incentive to its employees. Hence, he prepared a report as per EX.R1 and submitted the same to the Corporation. The Corporation issued a show cause no...
Tag this Judgment!Court : Karnataka
Decided on : Jul-14-1995
Reported in : ILR1996KAR1241
Rajendra Babu, J.1. These two Petitions are filed challenging the legality of the acquisition of certain lands pursuant to Notification dated 16.7.1994 as at Annexure-A issued under Sections 4(1) and 17 of the Land Acquisition Act (LA Act) by respondent No. 2 and also the Notification issued under Section 6 of the L.A. Act on 22nd August, 1994 issued by the 1st respondent-State. It is also prayed that Section 17(1) of the L.A. Act be declared ultra vires and illegal. While Writ Petition No. 23530/1994 is filed by a Company, the other Petition is filed by one of the Directors thereof, who also own some part of the land.2. In Writ Petition No. 23530/1994, the lands are those comprised in Sy.Nos. 110/2, 115/2 and 115/3 which also bear House List No. 995/1 to 6 measuring in all about 1 acre situate in Pattandur Agrahara village of Bangalore South Taluk. The lands with which we are concerned in Writ Petition No. 25555/1994 are also situate in the same village comprised in Sy.Nos. 115/1, 110...
Tag this Judgment!Court : Karnataka
Decided on : Feb-22-1995
Reported in : II(1995)ACC618
M. F. Saldanha, J.1. Heard learned Advocates on both sides.2. This Appeal which has been preferred by the owner and Insurance Company is directed against an award in M.V.C. No. 501/1991 which has been made by the M.A.C.T. Shimoga. The incident in question took place on 27.4,1991 when the wife of the deceased by name Sunkamma and her infant child were travelling by an Auto Rickshaw bearing No. CTS 8127 which collided with a bus. In the incident that ensued, the Auto turned turtle, the wife of the claimant was trapped under the vehicle and the record indicates that she died on the spot. The child was also thrown out and was hospitalised and died after one week. The present claim petition however is confined for some strange reasons to compensation in relation to the death of the wife only. The claimant is the husband who was aged 25 years. He had submitted that his wife was only 18 years old when the incident happened, that she was working as a Basket Weaver and earning about Rs. 500/- t...
Tag this Judgment!Court : Karnataka
Decided on : Feb-22-1995
Reported in : 1996ACJ231; 1995(3)KarLJ641
1. Heard learned advocates on both sides. 2. This appeal which has been preferred by the owner and insurance company is directed against an award in M.V.C. No. 501 of 1991 which has been made by the M.A.C.T., Shimoga. The incident in question took place on April 27, 1991 when the wife of the claimant, by name Sunkamma and her infant child were travelling by an auto-rickshaw bearing No. CTS 8127 which collided with a bus. In the incident that ensued, the auto-rickshaw turned turtle, the wife of the claimant was trapped under the vehicle and the record indicates that she died on the spot. The child was also thrown out and was hospitalised and died after one week. The present claim petition, however, is confined for some strange reasons to compensation in relation to the death of the wife only. The claimant is the husband who was aged 25 years. He had submitted that his wife was 18 years old when the incident happened, that she was working as a basket weaver and earning about Rs. 500/- to...
Tag this Judgment!Court : Karnataka
Decided on : Feb-22-1995
Reported in : ILR1995KAR2218
M.F. Saldanha, J.1. Heard learned Advocates on both sides.2. This Appeal which has been preferred by the owner and Insurance Company is directed against an award in M.V.C.No.501/1991 which has been made by the M.A.C.T. Shimoga. The incident in question took place on 27.4.1991 when the wife of the deceased by name Surikamma and her infant child were travelling by an Auto Rickshaw bearing No. CTS.8127 which collided with a bus. In the incident that ensued, the Auto turned turtle, the wife of the claimant was trapped under the vehicle and the record indicates that she died on the spot. The child was also thrown out and was hospitalised and died after one week. The present Claim Petition however is confined for some strange reasons to compensation in relation to the death of the wife only. The claimant is the husband who was aged 25 years. He had submitted that his wife was only 18 years old when the incident happened, that she was working as a Basket Weaver and earning about Rs. 500/- to ...
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