Court : Rajasthan
Reported in : AIR1972Raj317; 1972()WLN176
Kan Singh, J.1. The three appeals before me were called on for hearing together as they raise common questions of law. Appeal No, 53 of 1965 is by the Employees' State Insurance Corporation, hereinafter to be referred as the 'Corporation', and has been lodged under Section 82 of the Employees Insurance Act, 1948, hereinafter to be referred as the 'Act', against the judgment of the Civil Judge. Jaipur City, dated 30-4-1965 disallowing certain claims for employees' contribution under the Act for a period anterior to 1-1-1959 namely, from 2-2-1956 to 31-12-1958. Appeal No. 54 of 1965 is again by the Corporation and is directed against the judgment of the learned Civil Judge dated 31-3-1965 disallowing certain claims. Appeal No. 58 of 1965 is by the Executive Engineer i.e., the employer awarding a decree in favour of the Corporation in respect of certain items of claim.2. I may narrate the facts with reference to Appeal No. 53 of 1965.3. The Corporation presented an application under Secti...
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN553
P.N. Shinghal, J.1. As a common question of law arises in these four petitions under Article 226 of the Constitution, they have been heard together at the request of the learned Counsel and will be disposed of by a single judgment.2. Petitioner Rameshwarlal (in S.B. Civil Writ petition No. 70 of 1968) was an employee of the State Government as a lower Division clerk in the Rajasthan State Roadways Department. He passed the Accounts Clerk's qualifying Examination in 1964. The Rajasthan State Road Transport Corporation was constituted, and the petitioner's name appeared in the seniority list of the lower division clerks of the Corporation. He was selected for promotion as a Commercial Accounts Clerk, against a temporary post, by order Ex. 3 dated August 7, 1965, and was posted in that capacity at Udaipur. The State Government issued a notification on April 15, 1966 by which the employees were asked to exercise their option whether they wanted to continue in the service of the Corporation...
Tag this Judgment!Court : Rajasthan
Reported in : 1982WLN321
..... , march, 1981) an act further to amend the life insurance corporation act, 1956.whereas for securing the interests of the life insurance corporation of india and its policy holders and to control the cost of administration, it is necessary that revision of the terms and conditions of service applicable to the employees and agents of the corporation should be undertaken expeditiously;be it enacted by parliament in the thirty second year of the republic of india as follows:1. (i) this act may be called the life insurance corporation (amendment) act, 1981.(2) it shall be deemed to have come into force on the 31st day of january, 1981.2. in the life insurance corporation act, 1956 (hereinafter referred to as the principal act), in section 48:(a) in sub-section (2), after ..... and tire. the fire has sparked of on the ashes of 1971 tripartite agreements funeral after bunal of the 'blue order' and now the traditional fact.8. this is a bunch of 43 writ petitions (as per schedule a) filed by the development officers of the life insurance corporation of india. the life insurance corporation of india was established under the life insurance corporation act, 1956 (here in after referred to as 'the act') with effect from 1st september, 1956; due to historical nationalisation wave.9. the life insurance corporation (here in after l i c ) introduced a self-contained code of work-norms in 1976 with in-built incentives and disincentives. there were protests .....
Tag this Judgment!Court : Rajasthan
Reported in : (1993)ILLJ1168Raj; 1993(1)WLC415
..... under section 5a and section 5b, respectively, of the employees' provident fund and miscellaneous provisions act, 1952 (19 of 1952), or the 'indian airlines' and 'air india' corporations established under section 3 of the air corporations act, 1953 (27 of 1953), or the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956), or the oil and natural gas commission established under section 3 of the oil and natural gas commission act, 1959 (43 of 1959), or the deposit insurance and credit guarantee corporation established under section 3 of the deposit and credit guarantee corporation act, 1961 (47 of 1961) or thecentral warehousing corporation establisbed under section 3 of the warehousing corporation act, 1962 ..... (supra), the reference made by the state government was to the effect that all workers who are working with thecontractors on permanent jobs should be made permanent and recruitment from outside be stopped. this court examined the scope of the provisions of 1947 act vis-a-vis provisions of 1970 act and held that terms and conditions of employment of contract labour are regulated by the provisions of 1970 act and, therefore, the provisions of industrial disputes act are not applicable. the learned single judge noted that, 'in the present case, there does not appear to be any dispute between the parties that the contract labour was employed under the provisions .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj211
Sharma, J. 1. This is the plaintiffs' appeal, and has arisen out of a suit for the recovery of Rs. 510/- against the defendant-respondent.2. The plaintiffs alleged that the defendant's lather, Gomla, had money dealings with the plaintiffs' firm, and that on Magh Sudi 11, Samwat 2000, corresponding to 4-2-ly44, according to the account, a balance of Rs. 376/2/-was found against Gomla, the father of Gidna defendant, and that a balance was struck in the khata and thumb marked by Gomla. Interest was stipulated at the rate of Rs. 1/9/- per cent per mensem. After the striking out of this balance, Gomla died, and Gidha, son of Gomla, has been sued for the recovery of the amountof Rs. 376/2/- principal and Rs. 133/14/- interest, total Rs. 510/-. 3. It was pleaded by Gidha defendant, 'inter alia' that the document in suit was a promissory note, and was insufficiently stamped, inasmuch as it was chargeable with a stamp duty of 2 annas, whereas a stamp onlyof the value of 1 anna had been affixed....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj20
ORDERD.M. Bhandari, J.1. This is a revision application on behalf of Raghunath Prasad defendant against the order of the Senior Civil Judge, Jaipur City, dated 9-1-1957 holding that the document dated 2-4-1953 executed by the defendant in favour of the plaintiff Mangilal was not a promissory note but was an agreement and could be admitted in evidence after the payment of penalty. The defendant made an application to the trial court that he wanted to file a revision application in this Court and that the document may not be admitted in evidence and it has not yet been admitted in evidence.2. I am very doubtful whether a revision application against the order determining the nature of the document for the purpose of the Stamp Act can be filed under Section 115 of the Civil Procedure Code. There is no question of jurisdiction involved in this case as the learned Senior Civil Judge had jurisdiction to decide the nature of the document for the purpose of the Stamp Act. As to the application...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj68
Bhargava, J. 1. This appeal arises out of a suit for recovery of the amount due under an instrument which was held to be inadmissible in evidence by the learned Munsif, Gangapur holding that it was a promissory note and was insufficiently stamped. The document in question was executed on 5th December, 1951 and according to the law then in force it required a stamp of -/5/- whereas it bore a stamp of -/4/- only. 2. The learned Munsif having found that the document, which way the basis of the suit, was inadmissible in evidence dismissed the plaintiff's suit. 3. The plaintiffs preferred an appeal against the judgment and decree of the learned Munsif to the court of the Civil Judge, Gangapur. The learned Civil Judge, Gangapur held that the provisions of Section 35 of the Stamp Act related to procedural law and therefore, the admissibility of the document should be determined according to the Stamp Law which is in force on the date the document is sought to be tendered in evidence and not a...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj84
ORDER1. This is a writ petition under Articles 226 and 227 of the Constitution.2. The petitioner Shri Kanhaiyalal is a registered graduate of the University of Rajastnan. By Resolutions Nos. 24 and 21, dated the 28th of January, 1958 and 8th of January 1959 respectively, the University of Rajasthan, which is Respondent No. 1 in this Writ Petition, decided to award the degree of the Doctor of Philosophy to Respondent No. 4 Shri Madan Lal Sharma, who was a Lecturer in the Maharaja's Sanskrit College, Jaipur, and the said degree was conferred on him. According to the petitioner, Respondent No. 4 managed to get the aforesaid resolution passed at the meetings of the Syndicate by exercising his influence on some members of the Syndicate.The contention of the petitioner is that Respondent No. 4 had never applied for being awarded the degree of Doctor of Philosophy but had applied only for the degree of 'Vachaspati'; that for the degree of Doctor of Philosophy under Ordinance No. 124, made und...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj145; (1969)ILLJ194Raj
Kan Singh, J. 1. These are four writ petitions under Article 226 of the Constitution filed by Shri S. Ghosh, Mines Manager, Bikaner Gypsums Limited. Jamsar (Bikaner), challenging the validity of the order of the Sub Divisional Magistrate, Bikaner (North), acting as Payment of Wages Authority under the Payment of Wages Act, hereinafter to be referred as the 'Act, by which the Payment of Wages Authority directed the petitioner to pay the wages of Dulia and other workers which were found to have been deducted in contravention of the provisions of the Act. The writ petitions can conveniently be disposed of together.2. The petitioner was the Mines Manager of the Bikaner Gypsums Limited at the mines of the Company at Jamsar. The Company is engaged in the mining of Gypsum. The opposite party, who were workers employed at the mines, filed separate applications before the Payment of Wages Authority to the effect that for the wage period 2-10-63 to 30-9-64, the petitioner had wrongly deducted th...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj48
V.P. Tyagi, J.1. This defendants' second appeal raises an important question about the true scope of presumption under Section 108 of the Evidence Act, and it arises out of the following circumstances:2. Ram Prasad had a house in village Gulgaon where he also held certain agricultural land. He was not heard of by his wife Mst. Pani for more than seven, years and therefore she made a gift of the property of Ram Prasad in favour of plaintiff Ram Dayal on 4th June, 1962, assuming that Ram Prasad had died. The plaintiff contended that he came in possession of these properties after the same were gifted to him by Mst. Pani but on 20th July, 1962, the defendants-appellants Mst. Narbada and Bhura-lal forcibly took possession of these properties and therefore a suit was filed by the plaintiff for the declaration that he was the real owner of the properties.3. The defendants contested the suit and pleaded that Ram Prasad was alive on the 4th June, 1962, when the gift deed was executed by Mst. P...
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