Court : Kerala
..... scc 225] with reference to section 2 (i) of the minimum wages act 1948, holding that teacher would not come within the purview of the said act and as such, the state government, in exercise of its powers under the said act, is not entitled to fix minimum wages for teachers ..... mind that these provisions have been conceived and enacted in accordance with the principles accepted by the international labour organisation and the united nations economic, social and cultural organisation ..... . national union waterfront workers and others (2001) 7 scc 1 (paragraph 105), it is contended by the appellants that, as made clear by the constitution bench of the apex court, the principle that a beneficial legislation needs to be construed liberally in favour of the class for whose benefit it is intended, does not extend to reading in the provisions of the act what the legislature has not provided, whether expressly or by necessary implication, or substituting remedy or ..... act which provides for reference of an industrial dispute to the industrial tribunal or labour court was not violative of article 30(1) of the constitution of india and that it has to be borne in mind that these provisions have been conceived and enacted in accordance with the principles accepted by the international labour organisation and the united ..... the right to administer is not absolute, but must be subject to reasonable regulations for the benefit of the institutions as the vehicle of education, consistent with national interest .....
Tag this Judgment!Court : Kerala
..... pathumma [1986 klt 553], an appeal against the award of the tribunal is essentially one to which the guiding principles laid down in national telephone company limited (in liquidation) and another v. ..... in nagappa, it was further held that the motor vehicles act does not provide for passing any further award after the final award is passed and therefore, in a case where injury to a victim requires periodical medical expenses, fresh award cannot be passed or previous award cannot be ..... chandrasekhara thevar [air 1948 pc 12] and n.s.thread co. v. .....
Tag this Judgment!Court : Kerala
..... be that as it may, the constitutional mandate being on the state to compulsorily provide for free education as per the norms and standards prescribed under the rte act, even in such situation the government would have to provide for the required number of teachers per class in compliance of the ptr as stipulated in the schedule and not based on the strength ..... the learned single judge noticed the steps taken by the government to bring in the changes contemplated by the rte act and listed out what remained to be done, which future action was in the nature of the data to be collected and the decisions to be taken based on the educational need, to be determined with ..... . this cannot be sustained since this court has already held that the ptr as per the rte act, cannot be based on the strength of students in the school and has to be on the basis of the strength of students of each class; with 30 and 35 being the maximum possible ..... taken up such financial liability considering the balancing and compensatory aspect of nation-building, which good education purports to undertake. ..... the elementary stage, moulds the character of the individual student preparing him for life, with its professional challenges and personal aspects; thus building a generation of citizens to carry the nation forward. 23. ..... of lessons by rote, it lays the foundation on which would be built the character and career of the student, his future prospects and it is those children who would decide the destiny of the nation. .....
Tag this Judgment!Court : Kerala
..... in the operative portion of the said judgment this court has issued the following direction as direction no.2: (2) the 2nd respondent shall also ensure that relevant provisions of the mines act, 1952 and metalleferous regulations, 1961 as far as applicable to a mining operation is followed in its letter and spirit and in event the aforesaid provisions are violated, appropriate action under the said provisions be promptly ..... government order dated 10.01.2014 cannot be relied on by the parties in view of the restraint order issued by the national green tribunal dated 27.09.2013 till such time the restraint order continues. ..... decisions were taken at the united nations conference on the human environment held at stockholm in june, 1972 in which india participated where it was decided to take appropriate steps for the protection and improvement of human ..... reference to order of the national green tribunal dated 13.01.2015 has also been made by which the national green tribunal directed all the state governments not to grant mining permit without obtaining environmental ..... generation owes a duty to all succeeding generations to develop and conserve the natural resources of the nation in the best possible way. ..... forests, minerals and such other resources constitute a nation's natural wealth. ..... india and others ([2006] 1 scc 1) the apex court laid down that it is the obligation of all concerned including union and state governments to conserve natural resources which are assets of the entire nation. .....
Tag this Judgment!Court : Kerala
..... of others, whether for cash or for deferred payment or for other valuable consideration, provided that the proceeds of the sale by a person not being a company or firm registered under the companies act, 1956 (central act 1 fo 1956) and indian partnership act, 1932 (central act 9 of 1932) [or society including a co-operative society or association of individuals whether incorporated or not] of agricultural or horticultural produce grown by himself or grown on any land in which he has ..... assessment and penalty proceedings against the petitioners having been completed by including in their taxable turnover, such turnover as cannot be reckoned for the purposes of assessment under section 6a of the kvat act, i quash the assessment orders and penalty orders impugned in these writ petitions, for the limited purpose of enabling the respective authorities to complete the proceedings afresh, after hearing the petitioners ..... respect of the sale or purchase inside the state of any declared goods and such goods are sold in the course of inter-state trade or commerce, and tax has been paid under this act in respect of the sale of such goods in the course of inter-state trade or commerce, the tax levied under such law shall be reimbursed to the person making such sale in the ..... if the national executive, the government of the day, decide to incur the obligations of a treaty which involve alteration of law they have to run the risk of obtaining ..... not by their own force binding upon indian nationals. .....
Tag this Judgment!Court : Kerala
..... in all such cases, the court may not be able to dispose of the application within ninety days and it is not a requirement under the proviso to section 43d(2)(b) of the uap act that the application for extension should be allowed before the expiry of the original period of ninety days. ..... the investigation was taken over by the national investigation agency ('nia' for short). ..... in that case, the offences alleged were under the foreigners act, territorial water continental shelf, exclusive economic zone and other maritime zones act, official secrets act and the indian penal code. ..... it cannot be disputed that court has ample power under the proviso to section 43d(2)(b) of the uap act to extend the period for completing the investigation. ..... furthermore, the requisite sanctions as required under sections 18 and 18-a of uapa and so also under section 7 of the explosive substances act were also accorded by the authorities concerned. ..... national investigation agency [(2014) 16 scc 543] dismissed the special leave petition and held thus: 4. ..... national investigation agency (2014 (3) klt 156) was taken up before the supreme court. ..... national investigation agency (2014 (3) klt 156), rejected the contention raised by the accused that he is entitled to statutory bail. ..... sanction for prosecution under section 45(2) of ua(p) act, 1967 has been obtained from govt. ..... thereafter, sections 16 and 18 of the unlawful activities (prevention) act (hereinafter referred to as 'the uap act') were also incorporated. .....
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..... cases to ascertain the reasons of dog bite, the area where it took place and whether it was from a stray or a pet dog; (g) keep a watch on the national and international developments in the field of research pertaining to street dogs' control and management, development of vaccines and cost effective methods of sterilisation, vaccination, etc. ..... or (c) the extermination or destruction of any animal under the authority of any law for the time being in force; or (d) any matter dealt with in chapter iv; or (e) the commission or omission of any act in the course of the destruction or the preparation for destruction of any animal as food for mankind unless such destruction or preparation was accompanied by the infliction of unnecessary pain or suffering. ..... or (c) the extermination or destruction of any animal under the authority of any law for the time being in force; or (d) any matter dealt with in chapter iv; or (e) the commission or omission of any act in the course of the destruction or the preparation for destruction of any animal as food for mankind unless such destruction or preparation was accompanied by the infliction of unnecessary pain or suffering. ..... observed : ".....an endeavour must be made to solve it, as the judicial committee have said by having recourse to the context and schemes of the act, and a reconciliation attempted between two apparently conflicting jurisdictions by reading the two entries together and by interpreting, and, where necessary modifying the language of .....
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..... as to be prejudicial to health or a nuisance; (4) any accumulation or deposit of refuse or other matter which is prejudicial to health or a nuisance; (5) any factory (not being a factory governed by the provisions of the factories act, 1948) workshop or work-place which is not provided with sufficient means of ventilation, or in which sufficient ventilation is not maintained, or which is not kept clean or not kept free from noxious effluvia or which is so overcrowded while work ..... appellants herein were legally obliged to undergo rigorous exercise of having to submit a fresh application and to treat the said application in accordance with the provisions contained in the new act and the new rules and not doing so, is illegal and the said view taken by the trial court and the lower appellate court is untenable and unsustainable in the facts ..... the state government to ventilate the grievances and the government, by ext.b-13 dated 4.5.1998, in exercise of their statutory powers conferred under sec.45(1) of the act found that there are no grounds to interfere with the impugned permission granted by the municipality and accordingly, repelled the objection, but, however, directed that ..... the petitioners therein that there is a prohibited distance of 25 meters in making construction of a vault type cemetery as per the municipalities act and also the finding therein that all legal formalities required for the impugned permission have been duly granted by the official respondents therein and .....
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..... vice president secretary, department of science and technology, government of india vice chancellors of cochin university of science and technology and kerala agricultural university secretary to government, finance department five eminent persons nationally known for their expertise in sandt, industry and environment (nominated by government) director, vikram sara bai space centre, thiruvananthapuram director, regional research laboratory, thiruvananthapuram director, sree chitra tirunal institute ..... the question is whether the gratuity payable to retired employees or legal heirs of deceased employees of cooperative societies should be restricted to the maximum prescribed under s.4(3) of the payment of gratuity act, 1972, (for short 'the act'), r.59 of the kerala cooperative societies rules, 1969 (hereinafter referred to as 'the rules') and the bye laws framed under the said r.59, even in cases where the societies have ..... framed by the council provides for better terms of gratuity under the contract of service with the employer and payment of gratuity to writ petitioners was fully protected by section 4(5) of the act and the ceiling of rs.10 lakhs as on date as provided under section 4(3) was not applicable in payment of gratuity to the writ petitioners. ..... menon, learned senior advocate contended that maximum limit of rs.10 lakhs as envisaged by section 4 (3) of the 1972 act is fully applicable and there being no challenge to section 4(3) payment of gratuity can be made only with the .....
Tag this Judgment!Court : Kerala
..... cost ratio" in sub rule (8) of rule 6 of the 2009 service rules have no nexus to the object sought to be achieved in this behalf and therefore it is ultra vires the provisions of arts.14, 19 and 21 of the constitution of india and lic act and the staff regulations and rules governing the service conditions of the development officers working in lic; (e) issue such other orders as this hon'ble court may deem fit and necessary in the facts ..... :- the nationalization of life insurance business in india by transferring all such business to a corporation established for the purpose and to provide for the regulation and control of the business of the lic and matters ..... lic has also relied on the judgment of the apex court in national insurance co. ..... it would be wholly wrong for the court to substitute its own opinion for that of the legislature or its delegate as to what principle or policy would best serve the objects and purposes of the act and to sit in judgment over the wisdom and effectiveness or otherwise of the policy laid down by the regulation-making body and declare a regulation to be ultra vires merely on the ground that, in the ..... the legislature and its delegate are the sole repositories of the power to decide what policy should be pursued in relation to matters covered by the act and there is no scope for interference by the court unless the particular provision impugned before it can be said to suffer from any legal infirmity, in the sense of its being wholly beyond the .....
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