Court : Kerala
Reported in : 2012(3)KLT163; 2012(3)ILR(Ker)176; 2012(3)KLJ291
1. The petitioner is the father of an unfortunate young boy, who was arrested by the Police. The sequence of events started from the date when one girl went missing. Her parents lodged a complaint before the police. A man - missing case was registered by the police. The girl returned after four days. It was found that the girl was in the company of the petitioner’s son and three of his friends. Thereafter, as requested by the police, the parents of the girl and the girl went to the police station and gave statements to the police. The girl submitted that she had not been in any way harmed by the youths. The girl was referred for medical examination, in which it was proved that she was not subjected to any kind of sexual intercourse. The girl and her parents had no complaint against the petitioner’s son and the other youths, in whose company the girl had been. It appears that the girl had some difference of opinion with her parents, which was the reason for her to leave her ...
Tag this Judgment!Court : Kerala
Reported in : (1961)IILLJ486Ker
C.A. Vaidialingam, J.1. In these proceedings under Article 226 of the Constitution, Sri T.N. Subramania Iyer, learned Counsel for the petitioner seeks to have the order of respondent 1, Ex.P. 1, dated 20 October 1960 quashed by the issue of a writ of certiorari or other appropriate writ, direction or order. 2. The order Ex.P. 1 itself is to the effect that investigations conducted into allegations against the three officers mentioned therein, one of whom is the petitioner, have disclosed prima facie that the officers have committed the two irregularities stated therein. Ex.P. 1 also states that the allegations referred to therein, for which there is prima facie evidence are of a serious nature warranting disciplinary action and the Government consider that the case against the three officers mentioned therein should be proceeded with and enquired into under the Kerala Civil Services (Disciplinary Proceedings Tribunal) Rules, 1960 and the Government order accordingly. 3. Ex.P. 1 is also...
Tag this Judgment!Court : Kerala
Reported in : [2008(117)FLR257]; 2008(1)KLJ607; 2008(1)KLT858; (2008)IILLJ985Ker; 2009(2)SLJ78(Kerala)
S. Siri Jagan, J.1. A very difficult question arises for consideration in this case, on the question of interpretation of Section 14 of the Minimum Wages Act on which there are two conflicting decisions of the Supreme Court, one by a three Member Bench and the other by a two Member Bench. The situation arises in the following factual scenario.2. The petitioners in this original petition filed an application under Section 14 of the Minimum Wages Act before the 1st respondent seeking overtime wages. As per the settlements arrived at between the management and the Unions, the workmen were actually getting wages in excess of the minimum wages prescribed as per notifications issued under the Minimum Wages Act. The authority under the Minimum Wages Act, by Ext.Pl order, following a decision of the Supreme Court in Municipal Council. Hatta v. Bhagat Singh and Ors. 1998 (1) LLJ 815, denied jurisdiction on the ground that Section 14 can be invoked only by persons who are getting minimum rate of...
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[CR] IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE30H DAY OF MARCH20159TH CHAITHRA, 1937 Con.Case(C).No. 1358 of 2014 (S) --------------------------------- PETITIONER(S)/1ST PETITIONER :- --------------------------------- THOMAS ARUJA, AGED83YEARS S/O.VASTHYAN ARUJA, CHERIYA KATTATHU HOUSE PONNARIMANGALAM DESOM, MULAVUKADU VILLAGE KANAYANNOOR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.MATHEW KURIAKOSE RESPONDENT(S)/RESPONDENTS & OTHERS TO WHOM DIRECTION ISSUED :- ---------------------------------------------------------------- 1. K.V.MANOJ AGED AND FATHERS NAME NOT KNOWN TO THE PETITIONER SECRETARY, MULAVUKADU GRAMA PANCHAYAT MULAVUKADU VILLAGE, KANAYANNOOR TALK, MULAVUKADU P.O. ERNAKULAM DISTRICT, KOCHI-682 504.2. MR.K.X.JOSEPH, AGED AND FATHERS NAME NOT KNOWN TO THE PETITIONER TAHSILDAR, KANAYANNUR TALUK, TALUK OFFICE ERNAKULAM, KOCHI-682 011.3. MR.SUJITH, AGE AND FATHERS NAME NOT ...
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Reported in : 1953CriLJ752
ORDER No. S. 5-9214/50/CS dated 9.10.1951.1. Sri P. Joseph John was the Electrical Engineer of the Travancore State at the time of integration of Travancore with Cochin and continued as the head of the Electricity Department until he was placed under suspension in Government Order No. A-8-9024/49/SD dated 26.12.1949. The suspension was the result of confidential preliminary enquiries which established prima facie certain charges against him. Sri K. Sankaran, Judge, High Court, was appointed as Commissioner under Section 3, Travancore Public Servants (Inquiries) Act, 11 of 1122, to conduct a formal and public enquiry into the case. There were 26 charges framed against him. The Commissioner has enquired into all these charges & forwarded his report. Of the 26 charges, charges XIII, XIV, XV, XVI, XVII, XVIII, XXIII, XXIV, and XXV were dropped and the irregularity in charge IX was condoned. The articles of charge and a summary of the findings on the various charges are given in the enclosu...
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker279; (1960)IILLJ398Ker; (1960)IILLJ398Ker
ORDERS.Velu Pillai, J. 1. By this petition under Article 226 of the Constitution, the petitioner challenges the validity of Ext. P-6, an order dated 24-1-1959, passed by the respondent, the Government of the State of Kerala removing him from service as a Sub-Inspector of Police. A petition of complaint against him for alleged misconduct, was presented to the then Minister for Law by one Radhamma, upon which, pending enquiry, he was suspended from service on 17-2-1958. Preliminary enquiries having been made thereon, Government ordered, by notification dated 7-3-1958. 'a detailed departmental enquiry under the Kerala Civil Service (Classification Control and Appeal) Rules, 1957', which may be referred to hereafter as the Kerala Rules, to be held on the complaint for 'indecent behaviour and misconduct' on his part, and committed the enquiry to the Enquiry Commissioner and Special Judge who may he referred to hereafter as the Commissioner. Upon the complaint, the Commissioner framed a char...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 29TH DAY OF JULY2013/7TH SRAVANA, 1935 OP(C).No. 2058 of 2011 (O) --------------------------- AP.NO.15/2010 OF KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM. ........... PETITIONER: --------------------- THIRUVALLA EAST CO-OPERATIVE BANK LTD., NO.3260, THIRUVALLA, PATHANAMTHITTA, REPRESENTED BY ITS GENERAL MANAGER. BY SRI.P.RAVINDRAN, SENIOR ADVOCATE. ADV. SMT.APARNA RAJAN. RESPONDENT(S): ---------------------------- 1. E.A. ABRAHAM, THEKKANAMALAYIL, KUNNATHANAM P.O., THIRUVALLA, PATHANAMTHITTA 581. 2. CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM001. 3. KERALA CO-OPERATIVE ARBITRATION TRIBUNAL, THIRUVANANTHAPURAM-695 001. R1 BY ADV. SRI.S.SUBHASH CHAND. R2 & R3 BY GOVT. PLEADER SMT.ROSE MICHAEL. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2013, ALONG WITH W.P.(C) NO.15295 OF 2011.THE COURT ON 29/07/2013 DELIVERED THE FOLLOWING: rs. OP(C).No. 2058 of 2011 (O) APPENDI...
Tag this Judgment!Court : Kerala
Reported in : (1959)ILLJ611Ker
ORDERN. Varadaraja Ayyangar, J.1. This is a petition under Article 226 of the Constitution filed by Mr. M.V. Itticheria, assistant engineer, in the service of respondent 1, State of Kerala, questioning the validity of certain disciplinary proceedings initiated against him.2. There were certain irregularities alleged against the petitioner in connexion with the construction of a particular road in Trivandrum East Subdivision within his jurisdiction. Accordingly on 2 July 1957 Government placed him under suspension and on 21 November 1957 ordered a formal and public enquiry into the truth of the imputations under the Public Servants Enquiry Act XI of 1122. Section 2 of that Act contemplated only inquiries into imputations of misconduct as distinguished from irregularities. So on a writ motion by petitioner in O.P. No 24 of 1958, the High Court by order, dated 19 March 1958 quashed the inquiry. The order of suspension was on 25 June 1958 later quashed by the High Court in fresh writ motio...
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Reported in : AIR1963Ker92
C.A. Vaidialingam, J,1. In this writ petition Mr. T. N. Subramania Iyer, learned counsel for the petitioner, challenges the proceedings taken by the State Government, and which ultimately resulted in the passing of the order, Ext. P-8, by the respondent on 20-6-1961. Under Ext. P-8, it will be seen that the State Government are of the view that, misbehaviour as against the petitioner, has been proved and that he is dismissed from service with effect from 13-2-1961, the date on which he was placed under suspension, pending enquiry into the charges framed as against him.2. The petitioner joined as a clerk in the Land Revenue Department in 1107 and he was occupying various positions after that period and ultimately in 1955, he was promoted and posted as Sub-Magistrate, Irinjalakuda. On 6-10-1956, the Bar Association, Irinjalakuda, passed a resolution alleging serious misconduct as against the petitioner and requesting for action being taken as against him. On a copy of the resolution bein...
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Reported in : 1(1989)ACC390
P.K. Shamsuddin, J.1. This appeal has been preferred by the State of Kerala, the officials of Irrigation Department and the District Collector Ernakulam, who are defendants in O.S. No. 2 of 1985, on the file of the court of Subordinate Judge, Ernakulam.2. The said suit was filed by the mother of one T.K. Jaison, who died on 7-10-1982 in an accident at the Minor Lift Irrigation Pump House situated on the banks of Muvattupuzha river at Kadathy Kare. Jaison was taking bath at about 1 p.m. near the pump house. On the western side of the pump house, there are stepping stones and people in and around the locality had free access to the steps and they used to take bath near the pump house. According to the plaintiff, at the time of occurrence, the pump operator started operating the pump without giving alarm or warning. Jaison was pulled with tremendous force towards the mouth of the pump and sustained grievous injuries and died. It was alleged in the plaint that in spile of the fact that the...
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