Court : Rajasthan
Reported in : RLW2005(4)Raj2632; 2005(4)WLC670
..... of the order of suspension is that though he continues to be a member of the service he is not permitted to work and is paid only subsistence allowance which is less than his salary.11. ..... petition under article 226 of the constitution, the petitioner has prayed for direction to quash and set aside the suspension order dated may 16, 2005 with further direction to respondents to allow the petitioner to work on the post of additional district elementary education officer jaipur.3. ..... state of maharashtra : (1977)iillj369sc , their lordship of the supreme court held that the order of suspension does not put an end to the service of ..... after becoming education minister shri tiwari started passing orders against ..... the petitioner is an office bearer of rajasthan shikshak congress which is a registered association and he was elected or nominated as a general secretary (headquarter), which association is affiliated to ..... the same was denied by petitioner because the promotion was not regular and he was posted only in his own pay scale on the post ..... the aforesaid action the order of suspension was passed on wrong grounds and headquarter of petitioner was fixed at bikaner without any reason.5. mr. ..... of the petitioner is that impugned order of suspension has been passed with malafide intention at the behest of shri ghanshyam tiwari, minister of education (respondent no. ..... may merely be forbidden from discharging his duties during the pendency of an enquiry against him which act is also called suspension. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN1015
..... for the satisfaction of the authorities who have to take action, in the case of dismissal or removal, they form the very basis on which the order is made and the enquiry there on must be formal, and must satisfy the rules of natural justice and the requirement of article 311(2).their lordships also made it quite clear that the rule, on its true construction, did not impose any fetter on the power conferred on ..... the petitioners are entitled to more leave, but as learned additional advocate general has stated that the government are quite prepared to grant more leave salary if it is found to be due according to the rules, this argument of the learned counsel for the petitioners does not require any further ..... ancillary argument has been made that even though the petitioners were entitled to more leave, they have been retired after allowing them leave for 3 months only an attempt has been made to support the argument by a reference to vinay ..... to draw up the list of officers who should be compulsorily retired, and the list, along with the confidential reports, has to be submitted to the minister-in charge and the chief minister for final orders. ..... vinay kumar najoo's case 1968 rlw 325 was a vastly different case because there section 25 of the industrial disputes act, 1947, had been violated even though it prescribed the conditions precedent to the retrenchment of a workman.25 it has been argued by the learned counsel for the petitioners that the impugned orders ..... maharashtra 1972 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2005Raj280; RLW2005(2)Raj1488; 2005(3)WLC45
..... (5) the governments of the successor stales and of rajasthan shall at all times provide the necessary funds to the bhakhra management board to meet all expenses (including the salaries and allowances of the staff) required for the discharge of its functions and such amounts shall be apportioned among the successor slates, the stale of rajasthan and electricity boards of the said states in such proportion as the central government may, having regard to the benefits to each of the ..... during the pendency of the civil suit discussions were held at highest level for amicable solution to the problem and ultimately a tripartite agreement was entered into in the presence of prime minister of india on december 31, 1981 on the basis of flow of 1951 to 1960 and it was estimated at 20.56 maf and after deducting transit loss of 3.13 the net surplus of ravi beas water was estimated as 17.17 as against ..... an agreement was entered into between the partner states and the minister of works and power government of india whereby 15.85 maf of surplus water of the ravi and the beas came to be allocated between the concerned states, in the year 1953 the canal water and power commission prepared a preliminary project for the utilisation of the sutlaj water to serve the ..... these issues are water disputes and are matters appearing to be connected with or relevant to water dispute within the meaning of section 2(c), 3 and 5(1) of the act, 1956, as the same relate to use distribution and control of the waters or .....
Tag this Judgment!Court : Rajasthan
Reported in : (1994)ILLJ1038Raj; 1993(1)WLC577
..... the supreme court were considering a case in which the board of secondary education had set aside the order of dismissal of a teacher of a school and also ordered payment of full salary and allowances. ..... ; of the supreme court while dealing with an order passed by the central government, in exercise of its appellate powers under section 111(3) of the companies act, 1956, quashed the appellate order of the central government and observed: 'if the central government acts as a tribunal exercising judicial powers and the exercise of that power is subject to the jurisdiction of this court under article 136 of the constitution, we fail to see how the power of this ..... lord loreburn observed that although the action of the board of education might be administrative but in such cases the board of education will have to ascertain the law and also to ascertain the facts and even though the board may not be required to act judicially and it was free to obtain information in any manner it liked, what was necessary for it was to give a fair opportunity to those who are parties to ..... in the clearance order that they had made in the first instance, but i think it would have been a wise precaution on the part of the minister when he received those further communications from the council pressing for the confirmation of the order to communicate those letters or verbal persuasions to the other side, the objectors, and ask whether they had anything further to say on the matter. ..... and state of maharashtra v. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(2)Raj2366; 2004(5)WLC181
..... of the property, or(c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or(d) the extinguishment or modification of any rights of managing agents, secretaries and treasures, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or(e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, ..... 459, the question arose about the amendment brought into effect by bombay tenancy and agricultural lands (amendment) act, 1956 amending the bombay tenancy and agricultural lands act, 1948. ..... since the power to promulgate ordinance is not a discretionary power but has to be exercised with the aid and advice of ministers, where on such advice the governor is of the opinion that had the law which he is to promulgate, were presented before him as a bill of legislative assembly he would have opted to reserve it for consideration of the ..... ac 275 (pc) thus:-'unless it becomes clear beyond reasonable doubt that legislation in question transgresses the limits laid down by the organic law of the constitution it must be allowed to stand as the true expression of the national will.'42. ..... maharashtra act amending the hyderabad act has been reserved for consideration of the president and received his assent which was held to extend to existing parent act ..... maharashtra and ..... maharashtra .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj774
..... reasons for the same (c) whether it is a fact that another german national has been permitted by government for employment in the company.if so, his name qualifications, nature of employment, salary and the terms of the contract;(e) what is the jurisdiction of such approval when a number of highly qualified experienced indian are available and(f) what is government's policy in this regard?answerminister of state in the ministry of industry and company affairs shri ar1f mohammad khan:(a) yes sir(b) the reappointment of mr. h.r. ..... of association of the company, need for technical know- how etc.in regard to appointments of technicians, expatriates are considered only when it is essential and relevant technical skills are not adequately available in india.further, compliance with the provision of fera, 1972 is also ensured in their case.5. ..... voass's tenure, certain conditions of an industrial licence granted to the company for the manufacture formulations based on oxyfedrine hydrochoride and provision for drug price control order 1979 and for not supplying correct information about import of theo-phylline used by the company for production of hydroxy ethyl theo-phylline he,(c) government has not received any application for employment of another german national in ..... under section 269(3) of the companies act, 1956. mr. ..... shrishnkarao naranraodesmukhwill the minister of industry and company affairs be pleased to state ..... we therefore allow the application and take the document 19 on record.6 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1982WLN321
..... , the 44th amendment by which the fundamental right to hold property has been taken away, is ultra vires and the rights of the petitioners to earn salary and allowance as they existed earlier before the impugned notifications came into force, were their property.17. ..... in the life insurance corporation act, 1956 (hereinafter referred to as the principal act), in section 48:(a) in sub-section (2), after clause (c), the following clause shall be inserted and shall be deemed to have been inserted with effect from the 20th day of june, 1979, namely:(cc) the terms and conditions of service of the employees and agents of the corporation including those who became employees and agents of the corporation on the appointed day under this act,(b) after sub-section (2), the following ..... future also, they will have power to alter the service conditions if necessary to the prejudice of the employees and the employees will have no right to take recourse to any industrial law that is binding on the employees or the government today.it was my feeling and i am quite sure by now that the finance minister has not properly gone through this particular drafting or he has not realised the repercussions of these particular lines. ..... 10, the important question whether section 11 can be taken use of perpetually has been referred and the minister's statement in the parliament has also been referred. ..... of the lic act as capable of perpetual use, not only initial exercise, as the minister in parliament indicated. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992(3)WLC205; 1992WLN(UC)360
..... the teachers filed writ petitions in the high court for a direction to the appellants to pay them their due salary and allowances, the provident fund and gratuity dues in accordance with the rules framed by the university and to pay them compensation that would be payable to them under ordinance 120-e and for a further direction to pay the difference of pay payable to them on the implementation of the u.g.c. ..... in ajay hasia's case (supra), the board of governors or the society consisted of the chief minister of the state as chairman; three nominees of the state government; three nominees of the central government; one representative of the all india council for technical education; the vice-chancellor of the university of jammu & kashmir; two ..... it was held in that case that the chief minister's statement in the assembly and the fact that the services of the incumbent in that case had been terminated without holding any enquiry would inevitably lead the public to believe that his services were terminated on account of inefficiency or misconduct.45. ..... it is immaterial for the purpose of article-12, whether the 'authority' is created by statute or under a statute, or it is a government company, or a company formed under the companies act, 1956, or that it is a society formed under the cooperative societies act, or registered under the societies registration act. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1994]81CompCas50(Raj)
..... the case may be, the appellate authority:(2) where the management of the sick industrial company is taken over or changed, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or in the memorandum and articles of association of such company or any instrument having effect under the said act or other law-- (a) it shall not be lawful for the shareholders of such company or any other person to nominate or appoint any person to be ..... scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties ..... aggregate,(4) any declaration made under sub-section (3) with respect to a sick industrial company shall have effect notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law, the memorandum and articles of association of the company or any instrument having effect under the said act or other law or any agreement or any decree or order of a court, tribunal, officer or other authority or of any submission, ..... 66 comp cas 555, and also on the decision of the supreme court in maharashtra tubes ltd. v. ..... salaries .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(2)Raj1112; 2006(2)WLC488
..... various representations objecting to the land acquisition proceedings thereby tremendously increasing the costs of development of the said land in question now (iii) that there was genuine and valid public purpose behind acquisition of the land in question and (iv) that thee was no malafides, either the malice-in-fact or malice-in-law (v) that the procedure prescribed in law was duly arid punctually followed (vi) that award ..... contended that in 1977, for a smaller part of land of about 14 biswas was acquired by the state government under the provisions of rajasthan land acquisition act, 1953 for public works department and the acquisition proceedings with respect to that smaller part of land were completed within one year itself; whereas in the present case, for the land in dispute ..... issued the notification under section 126(4) of the maharashtra regional and town planning act, 1966 (for short as 'mrtp act') read with section 6 of the land acquisition act, 1894. ..... cannot be made subject matter of this writ petition but however since it had interest in the land in question and the present dispute, he should be allowed to make submissions in support of the petitioner company against the land acquisition in question which he was allowed. ..... and 16 bishwas situated at village madrampura, tehsil jaipur which is now as a matter of fact in the heart of capital city of rajasthan and its area is adjoining the civil lines just behind ministers ..... the companies act, 1956 in calcutta and petitioner no. .....
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