Court : Rajasthan
Reported in : RLW2006(1)Raj210
..... 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 exceeding one thousand six hundred rupees per mensem or exercise, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.the portion underlined is inserted with main provision by rajasthan act 34 of 1958, section ..... 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 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 or as an officer ..... the labour court while holding as above ignored the definition of workman as provided under section 2(s) of the act of 1947 (rajasthan amendment) which reads as under:'workman' means any person including an apprentice employed in any industry by an employer or by a contractor in relation to the execution of his contract with such employer to do any manual, unskilled, .....
Tag this Judgment!Court : Rajasthan
Reported in : (1993)IILLJ1098Raj; 1992(3)WLC96; 1992(1)WLN541
..... 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 orretrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment had 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 or as an officer ..... their lordships observed that in view of the overriding provisions of section 25j of the central act while the provisions in a state law relating to the settlement of industrial disputes, the rights and liabilities of employers and workman in so far as they relate to lay off and retrenchment shall be determined in accordance with chapter v-a of the central act and section 41(1) and section 41(3) of the state act prescribe alternative authorities to settle a dispute arising out of ..... about its jurisdiction to entertain the complaint on behalf of the respondent ranjit singh on the ground that the term 'employee' under section 2(5) of the shop act has the same meaning as the term 'workman' as defined under section 2(s) of the industrial disputes act, 1947, hereinafter referred to as 'the central act' and any employee who does not fall within the definition of workman under the central act is not entitled to invoke provisions of the shop act also. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj81
..... this argument was invented only for the purpose of showing that no alternative remedy lay to the petitioners by virtue of section 46 of the administration of evacuee property act, and that notice was required under rule 14 of the administration of evacuee property rules. ..... the ejectment of a tenant was also illegal unless under certain condition given in rajasthan protection of tenants ordinance or under section 180 of alwar state land revenue code which did not obtain in the present case.it is, therefore, complained that the actions of these authorities were illegal and without jurisdiction. ..... , tehsildar or the naib tehsildar in question acted under the provisions of the administration of evacuee property act or they acted as custodian, deputy custodian or assistant custodian, when they made the orders in question. ..... 97 of 1951 from which it might be inferred that the naib tehsildar and resettlement tehsildar concerned took action under the administration of evacuee property act or were invested with the powers of custodian, deputy custodian or assistant custodian when the action complained of was taken. ..... it is also pleaded that there was effective and adequate remedy under section 7, rajasthan protection of tenants ordinance, or ordinary law by way of suit.4. ..... and the naib tehsildar was not under the administration of evacuee property act nor were they invested with these powers when orders of ejectment were made. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997(1)WLC711; 1996(2)WLN411
..... here in the present case, the petitioner having full knowledge about ejectment order dated 25.9.89 passed by naib tehsildar, jaisalmer under section 91 of the act of 1956 against him, no steps were taken by him and he allowed the said ejectment order to attain finality. ..... 20 of 1989 in exercise of his power under section 91 of the rajasthan land revenue act, 1956 (for short 'the act of 1956').3. ..... it is to be noticed that the petitioner has alternative remedy against the order of ejectment passed by naib tehsildar under the act of 1956. ..... 91 of the act of 1956. .....
Tag this Judgment!Court : Rajasthan
Reported in : [2008(116)FLR914]; RLW2008(2)Raj1605
..... found by the high court, the said regulations are neither inconsistent with nor contrary to the provisions of the army act or the navy act as the case may be ..... further went to hold that:merely because punishment is not imposed under clause (h) or (k) of section 71 and other punishments are imposed, it does not mean that the president is deprived of his power and jurisdiction to pass order under regulation 16(a); so also the central government under regulation 15(2) of the navy pension regulations taking note of the punishment imposed under section 81 of the navy act ..... case where punishment is imposed under section 81(m) of the navy act forfeiting pension and/or gratuity, need for passing an order forfeiting pension under regulation 15 (2) of navy (pension) regulations may not arise ..... . section 71 is para meteria with the provision of section 48 ..... he was charged under section 40 of the border security force act vide charge sheet dated 14.12.1994 and after he was tried by summery security force court, he was found guilty and penalty of dismissal from service ..... . section 71 of the army act provides for various kinds of punishments which may be imposed for offences committed by persons subject to the act and convicted by court martial which may vary from death to stoppage of ..... for offence under army act has been provided under section 71 of the army act ..... . under section 70(h), a punishment of forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj214
..... the second point, that is urged, is that the notice issued under sections 7 of the act was not in the form prescribed by the rules, and therefore the assistant custodian did not lay the foundation of his jurisdiction in this case, and all proceedings taken on a notice like the one issued ..... it may be accepted that it was open to the applicant to urge before the custodian that a naib tahsildar was not authorised at all to act as assistant custodian, and that he failed to do so.but this is a case where the lack of jurisdiction is patent, and the mere fact that no objection was taken before the custodian or the custodian general would ..... of the applicant is that he received notice, dated 9-9-1950, from the assistant custodian, pali, under sections 7 of the act requiring him to appear in person in the office of the assistant custodian at 10 a. m. ..... we are further of opinion that as the notice, dated 9th of september, 1950, is not in accordance with sections 6 in the form prescribed therein, and does not give the requisite information to the person to whom it was issued, ..... however of the fact that the applicant did not raise the question that a naib tahsildar was not authorised to act as assistant custodian earlier before custodian as he could have done, we think parties should bear their own costs.17. ..... be open to the assistant custodian of evacuee property, pali, to proceed afresh after giving proper notice as required by section 7 of the act, and sections 6 of the rules framed thereunder. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007(2)WLN51
..... however, if the regularization itself was void, ab initio and against the provisions of law, the board of revenue had the jurisdiction under section 9 of the rajasthan land revenue act to set aside such regularization/allotment. ..... though necessary directions were sought by the district collector from state government for seeking reference under section 83 of the land revenue act, however, as per directions so issued, action was taken by the district collector under the rajasthan land revenue (agricultural land allotment) rules of 1970. ..... after hearing counsel for the parties, i have carefully gone through the material on record as also the relevant provisions of the act, rules and the circulars issued by the state government from time to time.6. ..... subsequently, it appears that the matter was referred to the board of revenue under section 9 of the rajasthan land revenue act, however, the application filed by the state was rejected by the board of revenue vide order dt. ..... on admitted facts, since the regularization could not have been made under the relevant circulars issued under section 91 of the rajasthan land revenue act in regard to regularization of encroachment on government land, the order dt. ..... it has been submitted that the regularization could not have been made by the naib tehsildar as per circulars issued by the state government from time to time under section 91 of the rajasthan land revenue act in regard the regularization of encroachment on the government land. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ3347; 1995(3)WLC635; 1995(2)WLN31
..... (1) the central government may make rules, consistent with this code and the army act, 1950, the navy act, 1957, and the air force act, 1950, and any other law, relating to the armed forces of the union, for the time being in force, as to cases in which person subject to military, naval or air force law, or such other law, ..... sessions judge, before whom the competent authority again moved an application dated 23-5-1994, after hearing the parties rightly held that the offences levelled against the petitioner did not fall under section 47 of the act and, as such, those were liable to be tried either by the security force court or by the criminal court and that since the competent authority has exercised its discretion for ..... petitioner for the said offences and even committed the case on 9-5-1994 to the court of learned sessions judge and till then the competent authority under the act did not exercise its discretion under section 80 to decide that the case against the petitioner should be instituted before the security force court, therefore, the provisions of section 80 of the act could not be pressed into service at such a late stage. ..... according to shri bora, the learned sessions judge has misinterpreted the provisions of rule 42 of the rules 1969 and section 80 of the act hence the impugned order be quashed and petitioner be ordered to be ..... accused-petitioner be handed over to the competent authority for being tried by the security force court and discharged his bail bonds.2. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1975(8)WLN524
..... state of rajasthan 1964 rlw 120 the point raised was that the officiating tahsildar was not competetent to conduct retirement proceedings under the section 27c(7) of the rajasthan panchayat act section 27c(7) of the act made provisions for retirement of members of the nyaya panchayat on the expiration of every second year in accordance with rules made is that behalf by the state government, rule 64 so made provided that the officer not below the rank of a ..... merely because the presiding officer of the impugned meeting was not a full fledged tahsildar could not vitiate the proceedings on the basis of section 29 of the land revenue act as he was not discharging the statutory functions of a tahsildar where the tank of the officer is of great importance the rank of a tahsildar as such is not of prime importance for a person to function under the powers conferred under rule 15 of the rules.10. ..... the whole emphasis of the learned counsel for the petitioner is on the performance of the routine duties by the incharge officer and it his been strenuously urged that a person who is entitled to discharge routine duties was wholly incompetent to preside at the meeting in respect of non-confidence motion which function was not of a routine character. ..... pt jhamanlal 1957 rlw 536 under the statutory rules the district magistrate and the district magistrate alone had a right to fix the date, time and place of meeting of the board for the election of the chairman. ..... jhamanlal 1957 rlw 536, ramkishan v .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996CriLJ1057; 1994(1)WLN642
..... offence as 'summary trial' in addition to it, a provision like proviso to sub-section (1) of section 16 of the prevention of food adulteration act would have been made in the act authorising the special judge to decide at the commencement of the trial or during the course of it that a warrant trial should be conducted looking to the gravity of the offence then this problem of de novo trial on each transfer would not have arisen and section 326 cr. p.c. ..... fulfil this object and to see that the trial should be concluded soon, the procedure of summary trial has been adopted for the trial of the cases under the act but the frequent transfers of the presiding officers and the time taken in completion of the trial, the object, for which the summary trial was introduced has not been ..... section 12-aa(1)(f) of the act makes a provision for the trial of the cases under the act by ..... gives no power to the succeeding judge to proceed with the trial from the stage at which his predecessor had left it, as in view of sub-section (3) of section 326 cr.p.c, the provisions of section 326 cr.p.c. ..... this provision has been made in order to expedite the trial but this section has not been made applicable in the cases of summary trials ..... under the act has been left with no alternative but to proceed with the summary trial as clause (1) of sub-section (1) of section 12-aa of the act declares it ..... are facing trial for the offence under section 3/7 of the essential commodities act (hereinafter referred as 'the act'). .....
Tag this Judgment!