Judgment Search Results Home > Cases Phrase: navy act 1957 section 17 provisions as to discharge Court: karnataka Page 1 of about 457 results (0.140 seconds)

Chandrasekharasharma Vs. C. Krishnaiah Chetty

Court : Karnataka

..... and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person -(i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950, (46 of 1950), or the navy act, 1957 (62 of 1957); or(ii) who is employed in the police service ..... for petitioner contends that even if petitioner is considered as salesman, the provisions of the sales promotion employees (conditions of service) act, 1976 would be applicable wherein the provisions of industrial disputes act is held to be applicable in relation to sales promotion employees vide section 6 and as such even if it is construed that petitioner is a salesman even then the provisions of industrial disputes act would apply and as such labour court was not justified in answering ..... gazette, apply the provisions of this act, with effect from such date as may be specified in the notification to any other establishment engaged in any notified industry.notified industry as per section 2(b) means an industry declared as such under section 3. ..... a conjoint reading of the provision namely section 2(s), the judgments of the honourable apex court and the evidence on record and the facts along with the rival contentions when examined it is noticed that even an apprentice employed .....

Mohini K. Vs. General Manager, Syndicate Bank, Manipal and ors.

Court : Karnataka

Reported in : ILR1994KAR2759; 1994(3)KarLJ175; (1995)ILLJ351Kant

..... (i) who is subject to the air force act, 1950, or the army act, 1950, or the navy act, 1957; or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages ..... : (1975)iillj379sc where their lordships observed thus :- 'we are, therefore, clearly of opinion that when a case of dismissal or discharge of an employee is referred for industrial adjudication the labour court should first decide as a preliminary issue whether the domestic enquiry has violated ..... conjoint reading of the provisions of sections 2-a, 2-bb and 2-j it is apparent that the respondent-bank is an industry within the meaning of the act and petitioner herein a ..... section 2(s) reads thus : ''workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge ..... a stenographer in the respondent-bank was charged with certain misconduct in the discharged of her official duties which resulted in the holding of a domestic enquiry against .....

The Executive Engineer, No. 1, Hemavathi Right Bank, Nala Division, Vs ...

Court : Karnataka

Reported in : (2009)ILLJ513Kant

..... express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to mat dispute, but does not include any such person-(i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer or other ..... now in respect of sanctioned post also, the vacancies are filled by appointing daily rate employees resulting non-filling of the vacancies in terms of the rules under article 309 and by virtue of the provisions of section 25-f of the act, such employees have been continued for long period ..... he further submitted that instrumentalities of the state, which are industry within the meaning of section 2(j) are not governed by the provisions of article 309 and the rights and the liabilities of the management or the workmen, employer and employee of the industry are all governed by their standing orders ..... . act these workmen cannot be retrenched without complying with the provisions of section 25-f of the act, any violation would result in reinstatement, continuity of service, consequential benefits and ..... once the workman fulfills the requirement in terms of section 25-b of the act, he claims the benefits under the provisions of the i.d .....

The Karnataka Lingayat Education Society, Vs. Siddappa G Namba,

Court : Karnataka Dharwad

..... purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-- (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in ..... appearing for the employer - kle society vehemently submitted that the learned labour court has wholly erred in deciding these issues of jurisdiction in favour of the respondents-workmen, as section 33c(2) of the act is in the nature of execution proceedings and it does not permit the labour court to adjudicate the merits of the rival claims of the parties, where the liability in ..... court, despite citation of several supreme court s judgments to this effect that the scope of section 33c(2) of the act does not permit such kind of determination and noticing the same to the said effect and clear provisions of sub-section (2) of section 33 c of the act, still proceeded to hold otherwise by simply saying that the facts of those 55 date of ..... provisions merely envisages enforcement of pre-existing, admitted and crystalised liability of the employer or industry towards the workmen and it does not envisage the determination and adjudication of such rights while deciding the application under section 33c(2) of the act .....

M/S. Pearlite Liners Pvt Ltd Vs. sri.r.nagaraja

Court : Karnataka

..... counsel for the parties and having perused the petition papers, reprieve needs to be granted to the petitioner for the following reasons: (a) section 33(2)(b) of the i.d.act reads as under: s.33(2)(b): for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise, that workman: provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority before ..... the use of traditional weapons of self help available to the parties in the process of collective bargaining while section 33 restricts the exercises of employers prerogatives vis-a-vis the workmen concerned in the dispute; the provisions of section 33 introduce a fundamental change in the law of master & servant; sub-section (2) of sec.33 deals with alteration in the conditions of service or the punishment of the workman concerned in the pending dispute; but in regard to any matter 6 not connected with such pending dispute ..... the result of the combined reading of these provisions is that in respect of proceedings pending before a tribunal constituted before 10 march 1957, the government has power to transfer them from that date to any other tribunal. .....

Srirupa Roy Vs. Lalit Kumar

Court : Karnataka

..... it is not in dispute that in terms of the judgement of the learned single judge, a decision is taken to pay to the complainant a monthly maintenance of rs.59,170.92/- as is admissible under the provisions of section 31 of the navy act, 1957, vide order dated 10.04.2023 issued by the commander, cdr (p & a). ..... however, view statutory limit imposed law section 32 of navy act, 1957 wrt limit of deductions that shall not exceed in any one month one half of the individual s pay and allowances for that month which works out to rs.1,07,584/-. ..... captain himadri sarkar (03510-a) in accordance with section 31 of navy act, 1957@ rs.59,170.92/- pm w.e.f. ..... raghavendra c, advocate for r-7) this ccc is filed under article215of the constitution of india read with section11and12the contempt of courts act, 1971 praying to punish the accused for contempt of the order dated1810.2022 passed by this hon'ble court in w.p.no.19085/2022 vide annexure-a and grant such further relief as may be necessary in the interest of justice. ..... the respondent nos.1 to 6 who happen to be the high ranking officials of the navy through their standing counsel assure and undertake to this court that the dependent card & i.d ..... by directing the release of entire terminal benefits of service to the seventh respondent immediately so that he can make use of the same post retirement and at the same time, mandating the payment of monthly maintenance of rs.59,170.92/- in terms of navy commander s order dated 10.04.2023 from the pension. .....

Mrs. Cheryl Margurite Soggee Vs. Lt. Col Richar Charles Menasse

Court : Karnataka

Reported in : AIR1997Kant175; ILR1997KAR742; 1997(1)KarLJ49

..... it is only under the provisions of this section and on the grounds' enumerated therein that an application for revocation ofprobate or letters of administration can ..... the term 'relative' in section 105 of the succession, act refers to kindred only, as set forth in the table of consanguinity annexed to section 24, of the act, and has no application to any relationship ..... other band they are distant relatives and they cannot invoke or seek assistance of section 118 of the act to question the validity of the; will.17-18. ..... cheryl margurite soggee intends to sell the property bequeathed under the will to a selected individual acting in collusion to share and appropriate the undisclosed balance of the real estate price which would ultimately benefit the beneficiaries under the will ..... as stated earlier, the object of section 118 of the act is to prohibit death-bed bequeath to charitable uses by the persons having near ..... according to section 118 of the act ifany one of the condition is not satisfied, the will ..... the relationship of the petitioner and the executrix with the deceased, i have already come to the conclusion that they do not come within the purview of relations referred to in section 118 of the act. ..... 301 and 302 of the indian succession act (for short 'the act') to remove from the office of the executrix and a substitute be appointed to succeed the executrix as executor or administrator to take charge of, or manage and administer the properties of the deceased on the ground that the .....

Lt. Col. Richard Charles Menasse (Retired) Vs. Mrs. Cheryl Margurite S ...

Court : Karnataka

Reported in : ILR1998KAR4134; 1998(6)KarLJ447

..... death and deposited within six months from its execution in some place provided by law for the safe custody of the wills of living persons'.by a reading of the provision of section 118, it is clear firstly that a person shall have no power to bequeath any property to religious or charitable use if he has a nephew or a niece or any nearer relative. ..... the learned single judge considering the relevant provisions of sections 118 and 24 of the indian succession act has rightly held that the appellant is ..... on behalf of the respondents, it is contended that the appellant is neither a nephew nor a nearer relative within the definition of section 118 of the indian succession act and therefore, the appellant has no locus standi to seek for revocation of the probate granted and justified the orders passed by the learned single judge and prayed ..... the relevant provisions of law and various decisions of other high courts and held that the appellant has no right to question the will as he does not come within the meaning of section 118 of the indian succession act. 15. ..... therefore, on that ground itself that the probate granted in favour of respondent 1 is liable to be revoked and submitted that the learned single judge has not considered and appreciated the provisions of section 118 of the indian succession act. ..... the bequeath of the property under the will and testament, dated 17-11-1987 executed by the testatrix is not valid in view of the provisions of section 118 of the indian succession act. .....

Khaji Abdul Wahab Siddiqui Vs. the Government of Karnataka and ors.

Court : Karnataka

Reported in : AIR1975Kant133; ILR1975KAR644; 1975(1)KarLJ416

..... but the rights and obligations of kazis are governed by the provisions of the act after 1-4-1951 in the local area with which we are concerned ..... it is dear from the provisions of the act extracted above that the previous approval of the state government is not necessary either for the appointment of a naib kazi or for his ..... -- any kazi appointed under this act may appoint one or more persons as his naib or naibs to act in his place in all or any of the matters appertaining to his office throughout the whole or in any portion of the local area for 'which he is appointed, and may suspend or remove any naib so appointed.when any kazi is- suspended or removed under section 2, his naib or naibs (if any) shall be deemed to be suspended or removed, as the case may ..... is no doubt true that in the instant case the petitioner had obtained the previous approval of the state government in the year 1948, when (he act was not in force in the area- in question, for die appointment of respondent-3 as a naib kazi. ..... under section 3 of the act the petitioner could remove respondent-3 from the post of naib kazi without the approval of the state ..... section 3 of the act reads as ..... petitioner was functioning as a kazi under the kazis act, 1880 (hereinafter referred to as the act) in respect of the district of gulbarga. ..... respondent-3 is directed not to act as naib kazi either on the basis of the appointment made in the year 1948 by the petitioner or on the basis of the government order which is set aside in this .....

i.T.C. Limited Vs. Presiding Officer and ors.

Court : Karnataka

Reported in : ILR1985KAR208

..... section was to invest all the authorities named therein with power to decide industrial disputes one would have expected some provision enablingterm to make and submit an award to which the provisions of the act would apply such as is provided in section 33-a of the 1947 act or section 23 of the 1950 act.there is no machinery provided in section 33 of the 1947 act or section 23 of the 1950 act for enforcing the decision of the authority named in those ..... of subsistence allowance during de-novo inquiry before the labour court or the tribunal to its discretion and requiring the workman to make application there is every justification for making a provision either in the standing orders or the rules regulating the condition of service to the effect that the workman, in whose case the domestic inquiry is held ..... .(iii) sub-section (2) requires that in the case of workman falling within the said provision, if the management were to dismiss or discharge the workman for misconductunconnected with the dispute pending before authorities under the act, it is required to pass the order of dismissal, give one month's wages to the ..... invalid, if ultimately the authority itself comes to the conclusion that the charges levelled against the concerned workman is proved and on that basis accords permission or approval under section 33(1) or 33(3) or under 33(2)(b), as the case may be, to the dismissal of the workman, such permission or approval takes effect from the date when ..... .....