Court : Karnataka
Reported in : [2000(87)FLR633]; ILR2000KAR3493; 2000(6)KarLJ14; (2001)ILLJ404Kant
..... be terminated on 17-2-1983. after having failed to secure any relief in the internal appeal she approached the state's civil services tribunal. the tribunal also dismissed her claim. thereafter, she raised an industrial dispute which was referred to the labour court. the labour court gave an award in her favour directing ..... circumstances of the case.4. the respondent employee, by suppressing the material facts regarding his approaching the central administrative tribunal and of having already received the retrenchment compensation as per section 25f of the act after due notice, raised a dispute before the labourcourt, hubli, by filing a complaint on 28-4-1989. ..... adjudication of the dispute pertaining to his discharge/dismissal/retrenchment/termination without requiring the state government to refer the dispute under section 10(1) of the act or approaching the grievance settlement authority under section 9-c thereof. the only mandatory condition for taking the benefit of section 10(4-a) is .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant504; ILR2001KAR4338; 2001(6)KarLJ402
..... to entertain a suit does not exclude the jurisdiction of the high court to issue high prerogative writs against illegal exercise of authority by administrative or quasi-judicial tribunals. the finality which may be declared by the statute qua certain liability either by express exclusion of the jurisdiction of the civil court or by clear implication ..... the conclusion of the proceedings'. (emphasis supplied) it is apparent and it is a matter of record that the government is not willing to accede to the claim of the respondent that he belongs to simpi caste. in such a situation, it is always desirable that the petitioner-state should be provided with an opportunity to ..... the court as amicus curiae, mr. d.n. nanjunda reddy made his submissions after going through the records of the case. 6. the legal services authorities act, 1987 ('the act' for short) was promulgated to provide free and competent legal service to the weaker section of the society and to organise lok adalats to ensure that the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1992AP16
..... exercise of its powers under section 107 read with sub-section (5) of section 27 of the andhra pradcsh charitable and hindu religious institutions and endowments act, 1966. those rules provide for categorisation of executive officers, the methods of appoint-ment, qualifications as also the appointing authority. rule 5 of those rules ..... which the division bench considered related to grouping of institutions under section 27(2)(b) of a. p. charitable and hindu religious institutions and endowments act (17 of 1966). the relevant provision obliged the commissioner to group such institutions or endowments 'in accordance with such rules as may be made by the ..... submitted that the commissioner has passed orders strictly within his powers under the executive officers subordinate service rules, 1978, which are saved by section 155 of act 30 of 1987. he also submitted that appointments made under 1978 rules having been saved underthe repealing section, any modification or alteration of that order .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALD289; 2001(3)ALT88
..... dated 11-11-1989 has been issued by the government in exercise of the powers conferred by section 2 of section 15 of the tribunals act making section 15(3) of the tribunals act applicable to the local authorities under the control of the state government. hence, we hold that the board is a local authority and the ..... kumar v. union of india (supra) has deviated from the stand taken in s.p. sampath kumar's case (supra) holding that the tribunals constituted under the tribunals act cannot be called alternative judicial mechanism and they can only supplement the jurisdiction of the high courts under articles 226 and 227 and cannot supplant the said ..... is that even though they are borne on the cadre of the service of hyderabad metropolitanwater supply and sewerage board (hereinafter referred to as 'the board'), their claims for promotion from the posts they are holding viz., manager (engineering) to the posts of deputy general manager (engineering) are being ignored and the personnel' from .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ628
..... . (iv) as regards question no. (4):-- the jurisdiction of this court under article 227 is unaffected by article 323a of the constitution and the administrative tribunals act, 1985. indeed, the aforesaid provisions could not lawfully exclude the constitutional jurisdiction of this court. the jurisdiction is, however, excluded in relation to the disputes ..... some difference of opinion between the jurists on the subject. justice k. n. goyal of allahabad high court, the author of the commentaries on the administrative tribunals act, 1985' (second edition) has considered this question, in the context of article 227 in detail and is of the view that even the jurisdiction of ..... claim equality with high court judges. it would therefore appear that though the supreme court in sampath kumar's casse observed that an alternative to the high court can be created and such a creatiion would not affect the basic feature of judicial review, it subsequently ruled that the tribunal created under the act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC1279; (1959)IILLJ405SC; [1960]1SCR348
..... and should not have been entertained by it. under s. 7(1)(a) of the industrial disputes (appellate tribunal) act, 1950 (48 of 1950), an appeal lies to the appellate tribunal from any award or decision of an industrial tribunal inter alia if the appeal involves any substantial question of law. the argument is that the respondent's appeal ..... the respondent it had been expressly suggested that the age of 60 years would be reasonable in regard to the previous employees though of course the statement had claimed an option for the said employees to continue in service after crossing the age bar of 60 subject to physical fitness. the learned solicitor-general has expressly ..... for such modification. it is thus clear that the scope for the enquiry before the certifying officer and the appellate authority under the original act was extremely limited, and the right to claim a modification of the standing orders was not given to the employees prior to the amendment of s. 10(2). nevertheless the standing .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2003(4)SC294; RLW2003(3)SC424; 2003(4)SCALE402; (2003)9SCC673; 2003(2)LC993(SC)
..... must always be corroborated before basing a conviction, cannot be accepted.30. learned counsel for the appellants then contended that though section 15 of the tada act makes confessional statement of an accused admissible evidence against the other accused, still the same cannot be accepted by the courts without further corroboration on material ..... would be whether confession recorded under section 15 of the tada act can be solely relied upon for basing a conviction on the maker of that confession. learned counsel for the appellants have argued that the confessional statement ..... the accused.' (emphasis supplied)26. therefore the argument of learned counsel that a confessional statement of an accused made under section 15 of the tada act can be used only to corroborate other substantive evidence produced by the prosecution cannot be accepted.27. the next question for our consideration in this regard .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1573; (1980)1SCC499; [1979]3SCR839
..... the provisions relating to the purchase of the landlord's rights by cultivating tenants appear under that heading, and are contained in sections 53 to 74 of the act. the tribunal is competent to pass orders on the application for purchase, including the determination of the compensation and the purchase price under section 72f. section 72k provides for the ..... manager's statement. moreover supply of fuel wood cannot be said to be a purpose 'ancillary to the cultivation of plantation crops.' the land board has disallowed the claim for exemption of 136.17 acres, but it has been allowed in full by the high court. here again the high court was not justified in interfering with the ..... directed to dispose of the matter afresh. the board allowed relief to the extent of 53.59 acres by exempting it as rubber plantation. but it disallowed the claim that 3.41 acres was arecanut garden in a part of the rubber plantation as it was interspersed within the boundary of the rubber estate, because it was found .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC3616; 2002(2)ALT1(SC); JT2001(7)SC503; 2001(5)SCALE582; (2001)7SCC708
..... far below the market rate and the right of the landlord to evict them would be severely restricted and that too by initiating proceedings before special tribunals. under the telangana act, the rent does not exceed five times of the land revenue and in case of wet lands irrigated by wells it is only three times ..... would be doubtful. the learned counsel also contended that cancellation of leases of all tenancies is arbitrary inasmuch as the protection given under the andhra act and the telangana act being different, the tenants could not have been classed into one category. he next contended that tenancies are inheritable and in such a situation without ..... in question are concerned, are objectives cannot be fulfilled. it would only result in displacing one tenant by another tenant and would not achieve the objectives of the act. thus there is no nexus in making the classification.3. smt. k. amershwari, learned senior advocate appearing for the appellants, strongly contended that this approach .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC4506; [2004(2)JCR262(SC)]; JT2003(9)SC477; 2003(8)SCALE398; (2003)11SCC614; 2004(2)SLJ168(SC)
..... 1973 as their year of allotment would not be covered by its decision, in view of the proceedings concerning them which were then pending before the administrative tribunal.10. in disposing of the petitions and appeal before it, the nityananda kar (supra) this court made the following observations:'it is, therefore, clear ..... above the direct recruits of that year. the present petitioners being mere mergerists, but not promotees in accordance with the relevant rules and regulations, may not claim the status of promotees, and have, therefore, been rightly placed in positions below the direct recruits whose year of allotment was 1973.43. in relation ..... administrative service, class - ii (appointment of officers validation) amendment act, 1992 (hereinafter referred to as 'the act') is in question in this writ petition and appeal. the appeal arises out of a judgment and order dated 23.4.1991 passed by the orissa administrative tribunal at bhubaneswar in transferred application no. 402 of 1986. in .....
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