Court : Kerala
Decided on : Dec-18-1999
Reported in : II(2000)ACC261; [2000(85)FLR199]; (2000)ILLJ1157Ker
1. In this appeal filed under Section 5 of the High Court Act, 1958 (in short 'the Act'), judgment of learned single Judge holding that the respondent (hereinafter referred to as the employee) is entitled to accident leave is under challenge by Travancore Titanium Products Ltd., who is hereinafter referred to as 'the employer'. 2. Factual position is almost undisputed. Sans unnecessary details it is as follows: Employee sustained an injury on February 1, 1995, in the factory premises. According to the employee, he met with the accident due to carelessness of a construction worker, near the acid plant. He applied for accident leave from February 1, 1995 to March 16, 1995, which was refused. It was stated in the letter of refusal that his prayer cannot be accepted as it was not permissible under the Rules. The refusal was challenged in Original Petition No. 19504 of 1997. Learned single Judge held that the ground on which the accident leave was refused was not tenable. It was observed th...
Tag this Judgment!Court : Kerala
Decided on : Oct-07-1999
Reported in : AIR2000Ker131
..... to government of india for concurrence under section 2 of the forest (conservation) act. 1980 (central act 69 of 1980) but does not include lands in wild life sanctuaries.'we have already held that section 2 of the act has no retrospective operation ..... consider proper and relevant. the relevant date for fixing the compensation shall be the date on which the occupant/encroacher had first filed the application for regularisation. it is further explained that the compensation is payable only with reference to the quantum of injury and not with reference ..... interests and this exercise must be left to the persons who are familiar and specialized in the field. (goa foundation v. konkan railway corporation. air 1992 bom 471'.]33. julius stone said:'while the use of either ideas or social conditions as the constant ..... scheme along with details of funds. from the letter dated 28-11-1994 (ext. r1 z(43)) it could be seen that as the area was under cultivation for more than 15 years in most of the places ..... old local materials so as to make it an instrument for satisfying the wants of a whole world while at the same time insuring uniformity and predictability.' [an introduction to the philosophy of law-page 11.1 the history behind the occupation of the government land has to ..... in c.h.r. in kottayam division were declared non-revertible andhanded over to revenue department in 1956. subsequently the board of revenue reported that further areas of 12,000 acres would be available in the taluks of devikulam .....
Tag this Judgment!Court : Kerala
Decided on : Aug-20-1999
Reported in : I(2000)ACC183; 2000ACJ876
G. Sivarajan, J.1. Claimants are the appellants. The appeal is filed against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P. (MV) No. 1993 of 1994. They claimed a total compensation of Rs. 2,60,000 under various heads for the death of the husband of the claimant No. 1 and the father of claimant Nos. 2 to 5 in a motor accident. The Claims Tribunal awarded a total sum of Rs. 1,89,000. Not being satisfied with the award claimants have filed this appeal.2. Learned counsel appearing for the appellants submitted that the annual income fixed and the multiplier applied by the Tribunal are very low. He submitted that, at any rate, the Tribunal was not justified in limiting the compensation for the loss of dependency at Rs. 1,50,000 when it was found that the appellants are entitled to an amount of Rs. 1,72,800 under that head. He further submitted that the reason stated by the Tribunal in this regard is contrary to the decisions of the Supreme Court and of the High Courts. T...
Tag this Judgment!Court : Kerala
Decided on : Jul-16-1999
Reported in : [2000]100CompCas744(Ker)
K. Narayana Kurup, J. 1. These writ appeals are directed against the judgment rendered by a learned single judge of this court in O. P. No. 4739 of 1990. The parties in these appeals will be referred to as the petitioner and the Life Insurance Corporation (for short 'the Corporation').2. The brief facts which are necessary for the disposal of these appeals are as follows : The petitioner is the widow of one P.J. Augustine. In the writ petition she had prayed for the issuance of a direction to the Corporation to pay her 'the entire insured amount of the late P.J. Augustine as per proposal No. 615781, dated August 27, 1988, for Rs. 10 lakhs'. Other incidental and consequential reliefs were also prayed for in the O. P. The aforesaid Augustine during his life time, had proposed his life for insurance for a sum of Rs. 10 lakhs. The proposal was submitted on August 16, 1988, before the branch office of the Corporation, as per proposal No. 615781 of Ernakulam Branch. An amount of Rs. 7,925 wa...
Tag this Judgment!Court : Kerala
Decided on : Jul-09-1999
Reported in : (2000)ILLJ425Ker
M.R. Hariharan Nair, J.1. The E.S.I. Corporation challenges the order passed by the Employees' State Insurance Court, Kozhikode whereby the penalty imposed under Section 85B of the E.S.I. Act on the respondent herein was reduced from Rs. 62,070/- to Rs. 10,000/-.The respondent herein committed delay in payment of contribution due to it for various wage periods from October 1991 to July 1993. Ext. P1 show cause notice was hence issued proposing imposition of damages. That was followed by an opportunity for personal hearing on September 27, 1995. Ext P2 representation was submitted by the respondent during the personal hearing, but after considering it, the proposal contained in Ext. P1 was confirmed and the penalty of Rs. 62,070/- was imposed.2. The E.S.I. Court considered the question of propriety of this penalty in the light of the provisions in Section 85-B of the Act as also of the decision in Regional Director, E. S. I. Corporation v. Sakthi Tiles, 1988 (2) KLT 280 and passed the i...
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