Judgment Search Results Home > Cases Phrase: national commission for scheduled castes and scheduled tribes Court: kerala Page 2 of about 48 results (0.121 seconds)

Binu Vs. State of Kerala

Court : Kerala

Reported in : 2002CriLJ4374

..... 324, rendered under the provisions of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, to contend that by reason of section 18 of the said act, the application of provisions of section 438 cr.p.c. ..... ' if this is the situation noticed by the supreme court on the basis of decided cases and the report of the national police commission, we must, of necessity, be extremely slow to accept the contention of the state justifying the total ban on the power of the court to grant bail.31. ..... court to suspend the sentence awarded to a convict under the act is unconstitutional'.at the same time, it was pointed out that, despite section 32a being held as unconstitutional for ousting the right of the court to suspend the sentence awarded, it would not entitle the accused to ask for suspension of the sentence as a matter of right in all cases, nor it would absolve the courts of their legal obligations to exercise the power of suspension of sentence within the ..... since the legislature considers these to be of paramount importance, it has made the offences under sections 4 and 5, which tend to interfere with the maintenance of essential services and normal life of community, cognizable and non-bailable and also declares that the persons arrested without warrant for reasonable suspicion of having committed the offence under the act shall not be granted bail by a police officer or a court. .....

Malabar Cement Ltd. Vs. Secretary, Mcl Labour Union

Court : Kerala

Reported in : 2006(2)KLT965

..... shri thampan thomas based on the report of the sub committee for scheduled casts & scheduled tribes, i feel, cannot advance his case. ..... remaining clp workers.d) there shall be appropriate percentage of communal reservation within the above 75% as per the orders/notifications issued by the state government for communal reservation in the public sector undertakings or in government service or in terms of the norms in this regard adopted by the kerala public service commission.e) having regard to the services already rendered by the clp workers who are regularised against the post of mazdoors, they shall be treated as seniors ..... chandrabhan : (1983)iillj256sc , the court was dealing with the bombay civil service rules and it was in that context that the court has held as follows:public employment opportunity is national wealth in which all citizens are equally entitled to share and no class of people can monopolise public employment in the guise of 'efficiency' or other ground, but the right to equal opportunity to public employment cannot be treated as a new form of private property with ..... as to whether the post of mazdoor would fall within the purview of the kerala public service commission, in view of the kerala public service commission (additional functions as respects certain corporations and companies) act, 1970 read with the consultation rules. ..... this court proceeded to hold that the post of mazdoor would not fall within the purview of the kerala public service commission. .....

Usha K. Vs. State of Kerala and ors.

Court : Kerala

Reported in : 2007(3)KLJ765

..... employ sufficient number of persons from the scheduled caste/scheduled tribe was also not kept in mind. ..... provide employment to persons belonging to scheduled caste/scheduled tribe was also not kept in mind. ..... there any representative of scheduled caste/scheduled tribe communities among the ministerial ..... go by the numbering of the government orders, the order for regularisation of illegal appointments has been passed after the government itself had approved the service rules of the corporation, which provides that all appointments in the corporation must be made on advice by the public service commission and that the principles of communal rotation must apply to the same ..... in other words, if an order for regularisation of the services of persons, who were originally engaged on a daily wages basis and against non-sanctioned posts, without a recruitment by advertisement and giving an opportunity by advertisement and giving an opportunity to qualified persons for applying to the post and for participating in the selection process, would be a negation of articles 14 and 16 and an order which directs regularisation of services of such persons would, therefore, be ..... (c) the mere fact that the person concerned has worked for some time and in some cases for a considerable length of time, should not be taken as the sole ground to jettison the constitutional scheme of appointment and to take the vie that a person, who temporarily or casually got employed should be directed to ..... national .....

The Executive Engineer Vs. the General Secretary and the Industrial Tr ...

Court : Kerala

..... workers, the deficiency, if any, in the number of posts occupied by scheduled castes/scheduled tribes in the category will have to be made up by conducting a special recruitment of scheduled castes/scheduled tribes and the vacancies as and when they arise in the category will have to be filled up first by persons from such special recruitment. ..... learned counsel also contended that the tribunal had on the evidence adduced before it held that the workers represented by the first respondent union have been working in the neendakara fishing harbour project prior to and after its commissioning and that the finding of the industrial tribunal on the evidence available before it cannot be characterised as perverse, warranting interference in exercise of the discretionary jurisdiction of this court under article 226 of the constitution of india.10. ..... state of kerala 1982 klt 829 held that sovereign functions strictly understood alone qualify for exemption from the provisions of the industrial disputes act and other activities or economic adventures undertaken by the government do not qualify for exemption and even in departments discharging sovereign functions if there are units which are industrial and they are substantially severable, then they can be considered to come within the meaning of the term 'industry' as defined in section 2(j) of the industrial ..... (3) national and festival holidays. ..... as held by the apex court in national engineering industries ltd. v. .....

Umayammal Vs. State of Kerala

Court : Kerala

Reported in : (1983)ILLJ267Ker

..... besides sections like the scheduled castes and scheduled tribes as well as the backward classes who enjoy the protective discrimination constitutionally sanctioned, benefit by the selection process through the public service commission. ..... article 315 of the constitution mandatdrily requires the establishment of public service commission for the union and a public service commission for each state. ..... it was held there that the term 'industry' as defined in the act has a wide import:(a) where there is (i) systematic activity, (ii) organised by co-operation between employer and employee (the direct and substantial element is chimerical), and (iii) for the production and/or distribution of goods and services, calculated to satisfy human wants and wishes (not spiritual or religious but inclusive of material things or services geared to celestial bliss), prima facie, there is an industry in the enterprise. ..... and under article 320 the public service commission have to be consulted on all matters relating to methods of recruitment to civil services and for civil posts, on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions and transfers. ..... banerji, hospital mazdoor sabha and nagpur corporation, for example, in regard to the liberal professions in the national union of commercial employees v. m.r. .....

State of Kerala Vs. Valsamma

Court : Kerala

Reported in : 2010(2)KLT294

..... the respondents contended that under article 46 of the constitution of india the state is bound to promote the educational and economic interests of the weaker sections of the people and in particular of the scheduled castes and scheduled tribes, that the balavadies where they are working were established for catering to the educational needs of the persons belonging to scheduled castes and scheduled tribes and therefore they are entitled to be regularised in service. ..... the appellants resisted the writ petition contending, inter alia, that balavadies-cum-feeding centres under the scheduled castes and scheduled tribes department were started in the year 1979, that thereafter nursery school teachers and ayahs were engaged on honorarium basis, that the balavadies were later upgraded into lkg and ukg and the honorarium was increased to rs. ..... the respondents thereafter filed ext.p6 representation before the director, scheduled caste/scheduled tribe development department. ..... it is also contended that only nursery school teachers and ayahs appointed through the kerala public service commission and employment exchanges are given the scales of pay of those posts and that the respondents, who were locally recruited and engaged on contract basis, are entitled only to payment of honorarium. ..... it was held, relying on the decision of the apex court in national fertilisers ltd v. ..... giving appointments means adding extra financial burden to the national exchequer. ..... in national fertilizers ltd. v. .....

State of Kerala Vs. T.C. Valsamma

Court : Kerala

Reported in : 2010(1)KLJ809

..... the respondents contended that under article 46 of the constitution of india the state is bound to promote the educational and economic interests of the weaker sections of the people and in particular of the scheduled castes and scheduled tribes, that the balavadies where they are working were established for catering to the educational needs of the persons belonging to scheduled castes and scheduled tribes and therefore they are entitled to be regularised in service. ..... the appellants resisted the writ petition contending, inter alia, that balavadies-cum-feeding centres under the scheduled castes and scheduled tribes department were started in the year 1979, that thereafter nursery school teachers and ayahs were engaged on honorarium basis, that the balavadies were later upgraded into lkg and ukg and the honorarium was increased to rs. ..... the respondents thereafter filed ext.p6 representation before the director, scheduled caste/scheduled tribe development department. ..... it is also contended that only nursery school teachers and ayahs appointed through the kerala public service commission and employment exchanges are given the scales of pay of those posts and that the respondents, who were locally recruited and engaged on contract basis, are entitled only to payment of honorarium. ..... it was held, relying on the decision of the apex court in national fertilisers ltd. v. ..... giving appointments means adding extra financial burden to the national exchequer. ..... in national fertilizers ltd. v. .....

P.A. Haridasan Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR2000Ker313

..... was after this petitioner applied for the post of magistrate under the general recruitment as well as the special recruitment for scheduled castes and scheduled tribes. ..... as follows (para 2 of air):the reservation in favour of the scheduled castes and scheduled tribes must continue as at present, there is, without the application of a means test, for a further period not exceeding fifteen years. ..... paragraph 27 of the order, the election tribunal has stated as follows :thus considering the entire oral and documentary evidence, i find that the first respondent is not an ezhava and that he is a thandan as contemplated in part v of the constitution (scheduled castes) order, 1950 and therefore he is a member of the scheduled caste and he is entitled to contest for the reserved seat in the chittur double member constituency. ..... at the instance of the public service commission, the government referred the matter to district collector, palakkad and the district collector called for a report from the assistant collector regarding the caste status of the petitioner and the assistant collector by his report dated 8-2-1982 came to the conclusion that petitioner belonged to community thandan other than ezhava or ..... object of reservation is to remove these handicaps, disadvantages, sufferings and restrictions to which the members of the dalits or tribes or obcs were subjected to and was sought to bring them in the mainstream of the nation's life by providing them opportunities and facilities.'17. .....

Cambatta Aviation Ltd. and ors. Vs. CochIn International Airport Ltd. ...

Court : Kerala

Reported in : AIR1999Ker368

..... the third respondent-air india is a public sector unit and the national carrier under the government of india had already offered support in a big way for the new airport informing that they will be taking up the ..... the presentation enabled the air india to outline in detail air india's ground handling capabilities, the package of services which they wish to offer and other relevant including the financial details of a partnership which they proposed to the cial.thereafter, in paragraph 3 the conditions under which they accepted ..... , stated that it was left to the discretion of the government that the government organisations were to choose the best persons considering financial interest and implications and the first respondent was expected to protect its interest since the government of kerala holds substantial shares in the respondent company. ..... the managing director for giving a presentation before the board on 27-11-1998 on which date the 22nd meeting of the board of directors was scheduled at government guest ..... third respondent is lower than that offered by the first appellant when the bonus commission offered by the appellant is taken into consideration. ..... air india for giving a presentation before the board on 27-11-98 on which date the 22nd meeting of the board of directors is scheduled at govt. ..... managing director, air india for giving a presentation before the board on 27-11-1998 on which date the 22nd meeting of the board of directors was scheduled at government guest house, .....

R. Jacob Mathew and ors. Vs. the State of Kerala and ors.

Court : Kerala

Reported in : AIR1964Ker39

..... they have examined the question and they order accordingly that 35% of the seats will be reserved for backward classes, and 5% for scheduled castes and tribes, ia the professional colleges, viz ..... ;(2) 50% on district-war merit basis;(3) 35% by reservation for backward classes on state-wide merit basis; and(4) 5% by reservation for scheduled castes and tribes, on state-wide merit basis. ..... those principles 5% of the total number of seats will be reserved for scheduled castes and tribes and 35% for backward classes. ..... paragraph 7 clearly states that'the reservation quota for backward communities, and scheduled castes and tribes, as laid down in the order dated 28th june, 1957, will be continued to be ..... paragraph (ii) again states that the remaining seats, after making reservations under clauses (a) to (d) are to be filled up by kerala state candidates in accordance with the rules regarding state merit, district-war merit, and reservation for backward classes, scheduled castes and tribes, as in the case of direct admission to the m. b. b. s. ..... do not think it necessary to go into these aspects adverted to, no doubt by the backward classes commission in the report referred to above, for the reason that the said report itself has been referred to, by the supreme court in its decision reported ..... against the national interest to exclude from the portals of the universities, qualified and competent students, on the groundthat all the seats in the universities are reserved for weaker elements .....