Court : Kerala
..... learned counsel for the petitioner relying on sec.5(d) of the national institute of technology act, 2007 submits that till the rules are altered by the statutes, rec ..... ============================ dated this the 07th day of january, 2015 judgment this writ petition pertains to promotion to the post of divisional accountant in the national institute of technology, formerly known as regional engineering college at calicut. ..... national institute of technology, represented by its director national institute of technology ..... , engineering unit national institute of technology, nit campus ..... represented by its chairman national institute of technology, nit campus p.o. ..... , national institute of technology, nit ..... ---------------------------- petitioner(s): -------------- m.v.prasad, u.d.clerk, director's office national institute of technology, nit campus p.o. ..... a society, immediately before such commencement shall hold his office or service in the corresponding institute for the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held if this act had not been passed, and shall continue to do so unless and until his employment ..... in view of the unambiguous saving clause made in sec.5(d) of the nit act, the executive instruction cannot find a place in the matter of governing the service conditions or recruitment rules unless the terms and conditions are absent .....
Tag this Judgment!Court : Kerala
..... the petitioners in the original petition were mess boys of the regional engineering college [for brevity "rec"], kozhikode, affiliated to the university of calicut, which, later, was declared as an autonomous institute under the national institutes of technology act 2007; as a national institute of technology [for brevity "nit"].2. ..... it may be that the definition of "workman" as contained in section 2(s) of the act is wide and takes within its embrace all categories of workmen specified therein, but the same would not mean that even for the purpose of grant of relief in an industrial dispute referred for adjudication, application of ..... in such circumstance, the question of relief of reinstatement and backwages definitely would depend upon the pleadings, the evidence adduced and the circumstances existing after the denial of employment; as to the employees being alternatively employed, etc. ..... it merely directed the amount of compensation to which the respondent was entitled had the provisions of section 25-f been complied with should be sufficient to meet the ends of justice. ..... a claim under section 33c(2) of the id act was raised by the petitioners, which was rejected by order in c.p.no.6 of 1994, produced as exhibit p1. ..... the rec as also the nit were residential institutions, which provided accommodation for students in hostels, set up by the institute itself. ..... in this case, the industrial court exercised its discretionary jurisdiction under section 11-a of the industrial disputes act. .....
Tag this Judgment!Court : Kerala
..... p12 : true copy of the minutes of the meeting of the board of governors of the national institute of technology, calicut issued to the petitioner under right to information act on311.2012. ..... r1(f) : copy of communication from the deputy secretary (nits), ministry of human resources development department of higher education, new delhi, issued to the directors of allthe national institutes of technology,vide no.f.33-7/2011-t.s.iii dated14.3.2012. ..... p12(a) : true copy of the decision taken by the board of governors of national institute of technology issued to the petitioner on311.2012. ..... p17 : true copy of details of the faculty of the national institute of technology,calicut, as on157.2010. ..... department of computer engineering, national institute of technology, nit campus(p.o), calicut-673601 ..... p27 : copy of the minutes of meeting of the counsel of national institute of technology dated1811.2011. wp(c).no. ..... the director, national institute of technology, nit campus (p.o), calicut-673601 ..... the registrar, national institute of technology, nit campus (p.o), calicut-673601 ..... p20 : true copy of the circular dated99.2009 issued by the director of viswesharayya, national institute of technology,nagpur. ..... of physics, national institute of technology, calicut-673601 ..... national institute of technology, nit campus (p.o), calicut-673601 ..... iv) the benefits already given would not be recovered from the academic staff of the institutes as directed by the hon'ble court and also as per nit councils decision." .....
Tag this Judgment!Court : Kerala
..... respondent(s)' exhibits & annexures: -------------------------------------------------------------- annexure r1(a) : true extract of section322) (b) of the national institute of technology, science, education & research act,2007. ..... heard shri t.b.siva prasad learned counsel for the petitioner, the learned central government counsel for respondents 1 and 2, shri millu dandapani, learned standing counsel appearing for national institute of technology (for short, the "nit") and shri vishnu s.chempazhanthiyil for additional respondents 4 to 12 and smt.dennis varghese for additional respondents 13 and 14.5. ..... p6:- true copy of the notification issued by the registrar national institute of technology, calicut for faculty recruitment2013for the post of assistant professors in pay band3pb3. ..... ext.r4(e) : true copy of communication no.mnit/aes-22/58/2013/1475-1504 dated1812.2013 issued by the director, malaviya national institute of technology, jaipur. --2-- --2-- wp(c).no. ..... registrar, national institute of technology, chathamangalam, calicut district, pin-673601. ..... the petitioner cannot expect a promotion based on the length of service when institution's interest is the criteria for upgradation. ..... shijo thomas, aged36 s/o.c.d.thomas, assistant professor, school of nano science & technology, nit calicut, residing at cheruvillil, vadayampady.p.o. ..... the introduction of four-tier system and merit oriented upgradation is with the intention to bring nit in par with other premier institutions like iit. .....
Tag this Judgment!Court : Kerala
..... 23413 of 2015 (b) -------------------------------------------- petitioner: the national institute of technology multi purpose co-operative society ltd no.1883 (nit multipurpose co-operative society ltd. ..... in course of time, the petitioner filed, in terms of the amended section 69 of the act, an application before the second respondent for determination of monetary dispute regarding misappropriation of funds alleged to have been committed by the first respondent. ..... briefly stated, the petitioner society, being the employer of the first respondent, initially requested the second respondent to initiate an enquiry against the first respondent under section 65 of the kerala co-operative societies act, on the alleged ground of misappropriation of its funds. ..... he has further submitted that the other documents sought by the petitioner under right to information act are kept ready for issuance and will be given in a week's time, provided the petitioner approaches the authority and remits the fee in that regard. ..... acting on the request of the petitioner, the second respondent did enquire under section 65 and later based on the enquiry report, the authority has further initiated surcharge proceedings under section 68 of the act. ..... denial of opportunity, despite the delay in the disposal of the matter, may affect the institutional interest of the petitioner. ..... exhibit-p6: true photocopy of the application filed under right to information act dated257.2015 by the petitioner. .....
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..... respondents 2 to 5 will file a statement through their standing counsel as to how respondents 6 and 7 were nominated by the chairman of the national institute of technology, as per the impugned ext.p3 proceedings, when provisions of sec.11(f) of the n.i.t. ..... act mandate that one professor and one assistant professor or a lecturer of the institute is to be nominated to the board of governors of the institute by the senate. .....
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..... the road in question goes right in front of the national institute of technology, kozhikode and is the main access to reach waynad which is a hot spot for tourists. ..... the proceedings of the commissioner for w.p(c) no.1673/2015 5 land revenue invoking section 17 of the act itself refers to a letter dated 14.10.2011 of the district collector, kozhikode. ..... no award could have been passed under section 11 of the act after 1.1.2014 when the provisions of the new act would apply for determination of compensation. ..... this is evident from section 24(1)(a) of the new act which absolves the respondents from passing an award under section 11 of the act after 1.1.2014. ..... state of maharashtra [2002 (1) klt140(sc)] that a publication of section 6 declaration is merely a ministerial act which can take place at a later stage. ..... the contention of the petitioners that the proceedings for the land acquisition have lapsed under section 11a of the act cannot therefore be countenanced.6. ..... the proceedings for the acquisition of the land would lapse under section 11a of the act only if no award is made within the period of two years from section 6 declaration. ..... the declaration under section 6 was on 20.4.2013 and 13.5.2013 in respect of two portions of the land and there was time enough for an award to be passed under section 11 of the act. ..... it is the further case of the petitioners that the award under section 11 of the act was not passed within two years from the date of declaration under section 6. .....
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..... . once the panels were filed, national institute of technology, trichi was chosen by the appellant, from the names given by the appellant though the name of the expert was not disclosed at that ..... mechanism, strictly applicable to defence services, which cannot form the basis nor even scrutiny at the instance of any third party, is the submission of the central government standing counsel to contend that the arbitrator has acted illegally in relying upon the recommendation of the board discarding the objections raised thereto by the appellant. 4. challenges raised before the court below to impeach the award as unsustainable on grounds that the claimant had ..... the award passed by the arbitrator was challenged by the appellant under section 34 of the arbitration and conciliation act, 1996, for short, `the act', on various grounds, before the court below, the 1st additional district judge, ernakulam ..... that being so, we find, in the present appeal where both sides accept that the award is challengeble under section 34 of the act dehors defence regulations 569(k), no further dilation as to whether it has applicability or not is called for ..... are not capable of any precise definition ..... . in the communication bearing no.810230/arbitration/876/e8 dated 31.08.2007 addressed to the arbitrator taking exception to the order of the arbitrator for not furnishing copy of the report of the expert to the parties to the arbitration, the appellant has specifically made a request for such report .....
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..... the learned single judge, after taking into consideration the relevant facts, was of the opinion that going by section 11(1) of the sree chitra tirunal institute for medical sciences and technology, trivbandrum, act, 1980 (hereinafter referred to as 'the act') read with rule 7(ii) of the rules framed thereunder, clause 8 of exhibit p13 (office memorandum) does not cover the manner in which the selection has to be ..... whom two shall be medical scientists and one shall be a social scientist, to be nominated by the central government as per the rules prescription; three scientists representing engineering and technology to be nominated by the central government in the manner prescribed by rules; the head of the biomedical wing of the institute, ex officio, three representative of the medical faculties of indian universities to be nominated by the central government in the manner prescribed by rules; and lastly, three members ..... director shall be made by the institute on the basis of the recommendations of a selection committee constituted by the central government consisting of the secretary, department of science and technology of government of india as chairman, the director-general of indian council of medical research, the president of the national academy of medical sciences and the president of the institution of engineers (india) as members. ..... learned judge, definitely does not indicate he was working under chandigarh institute and also the respondent institute simultaneously. .....
Tag this Judgment!Court : Kerala
..... whereas it is categorically stated in page 2 of ext.p14 certificate dated 19.7.12 issued by pw-10 from the national institute of inter-disciplinary science and technology, thiruvananthapuram that the colour of all the 16 samples pertaining to the m.o.4 series are having brown colour only. ..... bench of this court in the case ravi v state of kerala reported in 2011(3) klt353 the division bench of this court in paragraph 5 of the decision in ravi's case noted the provision of section 102(3) of code of criminal procedure which provided that every police officer acting under section 102(1) shall forthwith report the seizure to the magistrate having jurisdiction where the property seized is such that it cannot be conveniently transported to the court or there is difficulty in securing proper ..... is also a necessary requirement of law and delay in producing the property before the court by itself cannot be fatal to the prosecution only if the delay can be satisfactorily explained as held by this court in vikraman v state of kerala reported in 2007(1) klt1010 accordingly, the division bench held in paragraph 8 of ravi's case reported in 2011(3) klt353 cited supra, as follows: "8. ..... present one unless it is proved that the sample which was analyzed was the very same sample drawn from the contraband allegedly found in the possession of the accused as held in sathi v state of kerala reported in 2007(1) klt sn57c no. ..... :- 2007(1) klt720etc. .....
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