Court : Orissa
Reported in : 96(2003)CLT315; 2003(II)OLR244
..... specified under this sub-section in respect of different classes of, or different categories under any class of local or other authorities or corporations (or societies);(3) save as otherwise expressly provided in this act the administrative tribunal for a state shall also exercise on and from the date with effect from which the provisions of this sub-section apply to on local or other authority or corporation, all the ..... act and administrative rules/regulations besides the scheme of the government relating to rehabilitation ..... be that as it may, since the matter has been heard at length, and the state government has not disputed regarding making declaration for rehabilitation assistance to displaced persons and circulars having been issued by the state government in finance department providing criteria, guidelines and instructions relating to regularisation of service of n.m.rs, therefore, this writ application is disposed of with the following directions :(i) the order of retrenchment of the petitioners shall ..... them as surplus staff and to issue notice of retrenchment is not only breach of the undertaking and commitment of the state government relating to the rehabilitation assistance scheme to the displaced persons but also against all norms, provided under the finance department relating to regularisation of the services of n.m.rs. ..... of orissa, in the water resources department and secretary, department of finance, are the opposite party members in some of the above noted writ .....
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..... committee which has been constituted by notification dated 17.8.2006 issued by the department of higher education is a core committee to coordinate the activities relating to lease of government land and acquisition of private land facilitating rehabilitation of displaced families as per the policy and for other ancillary matters is consisted of; the development commissioner, orissa, principal secretary to government, law department, commissioner- cum secretary to government, higher education department, ..... exercise of the eminent domain power by the state government at the request of vedanta foundation and issuing preliminary notifications and proceeding with the further proceedings in granting previous consent as provided under section 39 of the l.a.act and publication of final notifications in respect of the lands covered under the preliminary notifications declaring that those lands are required in favour of the beneficiary company to establish a university which is not permissible under ..... act are needed for the beneficiary company to establish a multi discipline faculty university, which would serve the public purpose is not required in law and further he had submitted that the beneficiary company has executed the agreement on 31.7.2007 in favour of the state government as required under section 41 of the l.a.act and administrative approval was obtained ..... , secretary to government, works department, special secretary to government, finance department and the collector, puri. .....
Tag this Judgment!Court : Orissa
..... committee which has been constituted by notification dated 17.8.2006 issued by the department of higher education is a core committee to coordinate the activities relating to lease of government land and acquisition of private land facilitating rehabilitation of displaced families as per the policy and for other ancillary matters is consisted of; the development commissioner, orissa, principal secretary to government, law department, commissioner- cum secretary to government, higher education department, ..... exercise of the eminent domain power by the state government at the request of vedanta foundation and issuing preliminary notifications and proceeding with the further proceedings in granting previous consent as provided under section 39 of the l.a.act and publication of final notifications in respect of the lands covered under the preliminary notifications declaring that those lands are required in favour of the beneficiary company to establish a university which is not permissible under ..... act are needed for the beneficiary company to establish a multi discipline faculty university, which would serve the public purpose is not required in law and further he had submitted that the beneficiary company has executed the agreement on 31.7.2007 in favour of the state government as required under section 41 of the l.a.act and administrative approval was obtained ..... , secretary to government, works department, special secretary to government, finance department and the collector, puri. .....
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..... the expression, 'industrial establishment', as referred to in section 25-k, has been defined in clause (a) of section 25-l of the act to mean, (i) a factory as defined in clause (m) of section 2 of the factories act,1948; (ii) a mine as defined in the mines act,1952, or (iii) a plantation as defined in the plantation labour act,1951.for the applicability of section 25-n, it must be shown that the organization where the workmen are employed is an 'industrial establishment' within the meaning of section 25-l and further that such ..... petition, nor any material has been produced by the petitioner to show that the organization in which the petitioner was working is an 'industrial establishment' within the meaning of section 25-l of the act and that the establishment is not one of seasonal character and that work therein is not performed intermittently and further that at least hundred workmen were employed on an average per working day for ..... pursuant to directives of the supreme court, the high court and the administrative tribunal, the government also passed a resolution on 15.05.1997 (annexure-5) formulating certain norms and conditions ..... it is further stated by the petitioner that in the year 1965 the state government in the finance department passed a resolution as per annexure-2 deciding to absorb work-charged employees in corresponding posts created in the regular establishment of different ..... as such in the year 1989 under the executive engineer, rehabilitation division, s.i. .....
Tag this Judgment!Court : Orissa
Reported in : 2006(II)OLR423
..... of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984), the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industries development ..... provisions of this act shall have effect notwithstanding anything inconsistent therein contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act(2) the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 ..... appointed by the company court and after hearing him.xxx xxx xxx xxx(iv) in a case where proceedings under the recovery of debts due to banks and financial institutions act, 1993 or the sfc act are not set in motion, the concerned creditor is to approach the company court for appropriate directions regarding the realization of its securities consistent with the relevant provisions of the ..... was considered imperative to revive and rehabilitate the potentially viable sick industrial companies as .....
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Reported in : AIR1962Ori202
..... the company law committee, known as the bhabha committee, made its report; the said indian committee had carefully examined the scope of section 210 of the english companies act, 1948 and considered that not only could the english section 210 be suitably adapted to the circumstances of this country but its scope might be appropriately enlarged to cover not ..... under section 25(2) of the industrial finance corporation act, 1948 which gives protection to such directors ..... discussed the desirability of expanding the business and making it a public company, to obtain loan from industrial corporation because, under the terms of section 23(1)(e) read with section 2(c) of the indian finance corporation act, loan is advanced only to a public limited company, and ultimately the company was converted into a public company on or about january 11, 1957; the shareholders of the company, when it ..... 402 of the companies act are very wide; the court may make any order for the regulation of the conduct of the company's affairs upon terms and conditions, as may, in the opinion of the court, be just and equitable in the facts and circumstances of the case; the section is an innovation in the company's administration by the court and the ..... acted as chairman of the company and gave all guidance and advice in the matter of management of the company, and his influence, as a seasoned businessman, was also made use of in the interest of the company; the instances of such guidance, advice and his administration .....
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Reported in : AIR2005Ori125
..... partly or wholly owned by the state government to the holder of supply or transmission licence would require the consent of the commission under section 21 (4)(b) read with section 21(5) of the act, 1995, there will be a direct conflict between the provisions of section 43a of the act, 1948 and section 21 of the act, 1995 because, as we have seen, the matters which will have to be taken into consideration by the commission while giving its consent to such an agreement under section 21(4)(b) read ..... that with effect from such date as the central government may, by notification, in the official gazette appoint, sub-section (2) of section 43a of the act, 1948 shall be omitted and different dates may be appointed for different states and in exercise of such powers under section 51 of the electricity regulatory commissions act, 1998, the central government has, by a notification, omitted section 43a(2) with effect from 15-5-1999 and the result is that only the ppas ..... cannot break the escrow agreement between cesco and gridco and is obliged to fulfil the obligations of cesco thereunder and the observation of the commission in the order dated 30-1-2002 that the chief executive officer acts as the administrator and functions as a representative of the commission and is a third party and not a privy to the contract between gridco and cesco is a finding erroneous in law.12. mr. ..... peerless general finance and investment co. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori121
..... the court of wards that a person is a disqualified proprietor is not a purely administrative act but a judicial act. ..... issued a notice to the petitioner dated 7-12-1950, under section 14, sub-section (1), orissa court of wards act, specifying, by way of charges, the various alleged irregularities in the administration of his estate and calling upon him to show cause by 15-12-1950, why it shall not be reported to the court of wards, under section 13, court of wards act, that it is expedient, in the public interests, that his properties should be managed by the court and ..... , orissa, that sri brundaban chandra dhir narendra, proprietor of madhu-pur estate, in the district of cuttack, should be disqualified under sub-clause (iv) of clause (f) of section 10, orissa court of wards act (act 26 of 1947).and whereas the state government are satisfied that the said brundaban chandra dhir narendra is incapable of managing and unfitted to manage his estate, and it is expedient in the public interest that ..... (iii) he contravened the provisions of section 3 of the orissa forest, communal and private land (alienation of prohibition) act, 1948, by leasing out gochar lands in mouza kus-thira, bausakanta and madhupur and by leasing out 0.43 acres of 'private land in baun-sata to one madhu baral and ..... be spared from very urgent rehabilitation work entrusted to him by ..... as your manager in response to your request then because he had been awfully busy with rehabilitation affairs. ..... present rehabilitation officer .....
Tag this Judgment!Court : Orissa
Reported in : AIR2001Ori135; 92(2001)CLT10
..... jena, the learned counsel, further submitted that in view of the provisions contained in section 57-a(1)(e) of the electricity (supply) act, 1948, and the sixth schedule attached thereto, tariff which had been earlier fixed in november, 1998, could not have been changed ..... has been submitted that the main intention of the reform act is being thwarted and the distribution companies instead of streamlining their own administration are exploiting the consumers by raising the tariff without any justification.while it is true that there is much scope for improvement in the quality of service to be provided by various distribution companies and there is a crying need for streamlining their administrative set-up so as to minimize the expenditure and maximize ..... ) that in view of the provisions contained in section 49(3) of the electricity (supply) act, 1948, for supply of electricity to any person, having regard to the geographical position of any area, the nature of the supply and purpose for which supply is required and other relevant factors, ..... orissa consumers' association has contended that the regulatorycommission is purported to follow the provisions contained in section 26 of the reforms act, which is a state act, it has been submitted that since the subject matter is in the concurrent list and the electricity regulatory commissions act, 1998, which is a central act, has been passed subsequently by the parliament, the provisions contained in the later act should have been followed. .....
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Reported in : 73(1992)CLT882; 1992(I)OLR530
..... and 227 of the constitution of india seek invalidation of notifications (annexure-u series) dated 30-6-1990 issued by the state government under section 5(2) read with section 3(1)(6) of the minimum wages act, 1948, (hereinafter referred to as the 'act'; fixing the minimum wages payable to unskilled employees employed in 75 scheduled employments at rs. ..... labour, who has espoused the proposal, piloted the proposal, expressed categorical commitment to the proposal, be considered as an independent member each member is expected to act fairly and independently in the matter of giving advice to the government, the proposal was in respect of 79 scheduled employments, with many of which government was ..... infracting article 14 of the constitution of india and the provisions contained in section 3(1)(b) and sub-sections (1) and (2) of section 5 and section 9 of the act and rules 15 and 16 of the orissa minimum wages rules, 1954 (hereinafter referred to as the 'rules') after stating the facts and submissions their lordships held ..... was on the basis of consideration by government whereas in the counter-affidavit filed the stand was that the consideration was that of the advisory board, the labour minister, the finance secretary and the labour secretary and rendered approval to the proposal. ..... undertake the tax of fixing minimum wages in respect any industry much less in respect of any employment, that proceeds must necessarily be left to the government in charge of the administration of law state. .....
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