Court : Orissa
Reported in : 1999(I)OLR565
..... the electricity board after it was constituted under the electricity (supply) act, 1948 has framed its own regulation governing the conditions of services of its employees relying on which mr. ..... of 60 years and cannot be terminated at the age of 58 years, even though the board's regulation prescribes the age of 58 years to be the age of superannuation; this is so because of the statutory protection given to the employees under section 60 of the act and the board's regulation to this extent must be held to be not applicable to the petitioner and similarly placed employees.'5. ..... hirakud dam project who have already been retired on completion of 58 years of age in accordance with the age of retirement stipulated in clause 3 (a) of the said regulations shall also be allowed to retire on attaining the age of 60 years.by order,sd/-member administration and secretary ..... but section 60 of the aforesaid act provides among other things that -'all debts and obligations incurred, all contracts entered into and all matters and things engaged to be done by, with or for the state government for any of the purposes of this act before the first constitution of the board shall be deemed to have been incurred, entered into or engaged to be done by, with or for the board. .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT269
..... it has been further stated in the counter affidavit that since the government is the absolute owner of the lands acquired and as per section 10 of the act, 1948 read with rule 17 of the rules, 1948, the state government having the power to deal with such land and the members of the petitioner association having been paid compensation for the land acquired by the government, the allegations made in ..... a specific contention that the orissa development of industries, irrigation, agriculture, capital construction and resettlement of displaced persons (land acquisition) act, 1948 under which the instant acquisitions were made was repealed by the orissa development of industries, irrigation, agriculture, capital construction and resettlement of displaced persons (land acquisition) repeal act, 1994 without any saving clause and hence according to the interpretation of statute, it should be deemed that the said law ..... . it has been further stated that since the land had been acquired under a valid act and rehabilitation benefits as due had been extended to the displaced person, the question of restoration of surplus land in their favour does ..... . proposals for relinquishment of lands should be submitted to government in the administrative department concerned, which will refer them to the revenue department stating that as far as they are concerned the land is no ..... revenue department will ascertain the requirement of other departments and consult the finance department and the board of revenue .....
Tag this Judgment!Court : Orissa
Reported in : (1975)ILLJ48Ori
..... some of them are governed by the 1961 act and some of them are governed by the factories act, 1948, under section 13 of the 1961 act, and under section 51 of the factories act, a worker is to work for 48 hours a week which when calculated after taking the weekly holiday into account comes to 8 hours of work a ..... , (a) on any ground stipulated in the contract of employment, (b) if any information given by an employee in his application for appointment is subsequently found to be false and (c) for joining a lightening strike or acting in furtherance of such strike termination of service on any of these grounds mentioned in rule 47 is claimed to amount to a stigma and hence without an appropriate enquiry answering the mandate in article 311(2) of the constitution is bad and is liable to be ..... rise to the two cases as narrated by the petitioners in both of them may briefly be stated thus-''the orissa state transport undertaking' (hereinafter referred to as the undertaking), is owned by the government of orissa functioning under the administrative control of the transport department of government since 1956. ..... used to be governed by the orissa service code and other rulei, both statutory and administrative, framed by government from time to time. ..... as such, serious administrative inconveniences were experienced because the service conditions of normal government servants were found to be not in harmony with the provisions of the various ..... has been done for administrative convenience.7. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori120; 104(2007)CLT310
..... said body has been given the power to regulate its own procedure in all matters relating to discharge of its functions and has been authorized for the purpose of making any inquiry under the said act with some of the powers of a civil court and under sub-section (12) any proceeding before the said body shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 ..... under clause (b) of the said notification it is provided that 'technical institution' means the institution of government, government aided and private (self-financing) institutions conducting the courses/programmes in the field of technical education, training and research in engineering, technology including mca, architecture, town planning, management, pharmacy, ..... legislations, the maintenance of standard of such higher education is governed by regulations made by several councils which are authorised to do so under the said act namely, dental council created under the dentists act, 1948, medical council created under the medical council act, 1956, all india council for technical education created under the all india council for technical education act and pharmacy council created under the pharmacy act.28. ..... has been held that the right to establish an educational institution can be regulated, but such regulatory measures can be exercised to ensure maintenance of proper academic standards, infrastructure and atmosphere and prevention of mal-administration by those who are in management. .....
Tag this Judgment!Court : Orissa
Reported in : 1993(II)OLR490
..... argument on behalf of the management that the person employed in a managerial or administrative capacity being covered by the working journalists (conditions of service) and miscellaneous provisions act, 1955 will not be covered by the employees state insurance act and held the effect of one act, namely, employees state insurance act cannot be controlled by the provisions of another act, namely, the working journalists (conditions of service) and miscellaneous provisions act unless the provisions in one have bearing on the provisions of the ..... in air 1984 sc 1916 (supra), the question as in the present case strictly came up for consideration in relation to section 2(9)(i) of the act as amended by act 44 of 1966 and the question before the court was whether the members of editorial and administrative staff of printing press publishing newspaper are employees within the meaning of section 2(9)(i). ..... to consider how far there was ''functional intergrality' meaning thereby such functional interdependence that one unit could not exist conveniently and reasonably without the other and on the further question whether in matters of finance and employment the employer has actually kept the two units distinct or intergrated. ..... its workmen (air 1960 sc 1213), when a claim of bonous had been made their lordships of the supreme court came to hold that the most important test was that of functional intergrality meaning thereby such of finance, employment and labour. .....
Tag this Judgment!Court : Orissa
Reported in : [1959]36ITR100(Orissa)
..... the comprehensive meaning and would include re-assessment.re-assessment will without doubt come within the expression levy, assessment and collection of income-tax occurring in section 13(1) of the finance act.the three expressions levy, assessment and collection are of the widest significance and embrace in their broad sweep all such proceedings for raising money by the exercise of the ..... the assessee raised two contentions before the tribunal to the effect, firstly, that under section 3 of the indian income-tax act, there must be a central finance act enacting the rates of income-tax for the year of assessment and as, such finance act was not passed by the gangpur state, there was no rate in force so as to determine the tax and levy ..... power of taxation.there is nothing in the recommendations of the indian states finance enquiry committee, 1948-49, on the basis of which agreements have been entered into between the president of india and the rajpramukhs of travancore-cochin and mysore on february 25 and 28, 1950 ..... counsel for the assessee contends that the expression 'levy, assessment and collection of income-tax' in section 7(1) of the taxation laws (extension to merged states and amendment) act, 1949, does not include re-assessment and here in the case before us the assessment under section 23(4) read with section 34 being a re-assessment, the assessee having been assessed ..... administrative .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR269
..... in that case, this court directed the state government to consider if on the ground of hardship, prayer of a married daughter can be considered in view of rule 16 of the orissa civil service (rehabilitation assistance) rules, 1990, which provides that the state government may consider the applicability of the rule considering the undue hardship suffered by the applicant. ..... is a married daughter entitled to compassionate appointment following the death of her father the petitioner's such claim having been rejected by the central administrative tribunal, cuttack bench, cuttack in its order dated 16.2.1998, she has filed this writ application challenging its validity.2. ..... in that case, this court held that the son-in-law, though he does not come within the term 'family member' can be considered by relaxing the rule 16(1) of the orissa civil services (rehabilitation assistance) rules, 1990 as a deserving case. ..... 309 of 1997 before the central administrative tribunal, cuttack bench, cuttack which after hearing dismissed the case by its order dated 16.2.1998 at annexure-3.3. ..... in that case question was with regard to conferment of property on wife under the provisions of the hindu succession act. ..... patra, acting c.j.1. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori1
..... refuse to make an older of winding up, when some other remedy is available to the petitioner and that the petitioner is acting unreasonably in seeking to have the company wound up instead of pursuing that other remedy, and the company relied on section 443(2) of the indian companies act, 1956.the company's point is that the experts in their report had suggested two alternatives left for the orissa government, namely ..... though the holder of fully paid up shares was not a contributory within the meaning of the term as defined in section 158 of the old companies act of 1913, he was held entitled to present a petition for winding up in the same way as a contributory.there was however a conflict of opinion among the high courts in india on the question as to the circumstances ..... government of india,-- being the additional assistant registrar of this court,-- is directed to function as the liquidator and to proceed, according to law, with the administration of the company in liquidation and take such steps as may be necessary in accordance with the provisions of the indian companies act.31. ..... the company have been depleted and if the mills have to start production, necessary finances for meeting the needs of capital equipment and also working capital, have to be ..... in the english act of 1948.19. ..... on or about october 17, 1948, while thus the company was still in its infancy, there was a merger agreement between the maharaja of mayurbhanj and the government of dominion of india for merger of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori124
..... all 901)) in respect of roads which are not vested in the district board, but which are merely under the administration and control of the district board, the nature of the property is obviously much more limited.5. ..... the questions, therefore, that arise in the case are (l) whether road-side lands form part of the road for purposes of the local self government act and are subject to the same tights and incidents as regards members of public and abutting private owners and if so, whether the roadside lands can be put to any use in derogation of ..... if such a use is otherwise reasonable and is within the scope of the purposes of the local self-government act, an abutting owner has an actionable right (unless such right is taken away by the statute) only when his right of access has been substantially interfered with and whether that is so or not is a question of fact to be ..... owners, or acquired for the district board at its cost by the government or obtained in some other way as ordinary private property, which it might well do under section 29, bihar and orissa local self-government act, the considerations and legal implications applicable to roads as such may not be applicable to the road. ..... but such by-laws, must be consistent with, and be framed for the purposes of the act and can be pronounced to be ultra vires only if they transgress these limits or if they unreasonably interfere with the recognised rights of the members of the public or private owners which the statute itself does .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori300
..... 's order is illegal, is also in terms a suit for an injunction against the liquidator himself, and in the course of the winding up proceedings, is not maintainable by virtue of section 57 (2), bihar and orissa co-operative societies act, since admittedly no leave of the registrar has been applied for or obtained for the filing of the suit, (3) the liquidator is a public officer within the meaning of section 80, c. p. c, and therefore the present suit ..... the allegations of the plaintiff are that he and his elder brother lokenath behera (defendant 5) joined the said society in june 1922 and borrowed different sums of money for financing a partnership business; that in april 1923 the partnership was dissolved and that he transferred his interest in the business to his elder brother; and that on 3-4-23 the managing committee of the society ..... follows :'57(3) -- no order of the local government, district judge, registrar, a person appointed to assist the registrar, liquidator, or an arbitrator or arbitrators purporting to be one which under any provision of this act is declared to be final, shall be liable to be challenged, set aside, modified revised, or declared void in any court, upon merits, or upon any ground whatsoever, except want of jurisdiction.'8b. ..... (c), (d), (e), (g) and (h) thereof, as opposed to the administrative powers vested in him under sub-section (2) ..... -clauses, (a) and (f) may be taken to be additions to the administrative powers given in sub-section (2) ) .....
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