Court : Mumbai
Reported in : 2002(4)BomCR376; [2001(91)FLR37]; (2001)IILLJ1349Bom; 2002(1)MhLj626
..... be termed 'restitution'.' recently the house of lords had occasion to examine some of these principles in wool which equitable building society vs. inland revenue commissioners 1993 ac 70.14. in regard to the law of restoration of loss or damage caused pursuant to judicial orders, the privy council in alexandar rodger charles carnie ..... also supports the case of the workmen that pending hearing and disposal of their complaints invoking, inter alia, item 6 of schedule iv of the 1971 act, their complaints could not have been scuttled by their unceremonious removal from service and, therefore, the industrial court should have exercised jurisdiction to interfere with the ..... have been compartmentalized inasmuch as the labour court has no jurisdiction to entertain complaints other than complaints falling under item 1 of schedule iv of the 1971 act and, conversely, the industrial court has been given powers to entertain complaints in all other matters, it does not mean that the industrial court, while .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(4)ALD368; 2001(3)ALT366
..... the aforesaid, it emerges that the learned single judge had concurred with the finding of the tribunal that contesting workmen have been working in the appellant university regularly for a long number of years. the existence of permanent nature of work was inferred on this account and also due to the vastness of appellant ..... gratuity and other terminal benefits and perquisites applicable to the post belonging to any public service of such office or establishment (other than the teaching staff of the universities) keeping in view the qualifications and job requirements of each such post. 11. upon undertaking the review, thecommittee was required to submit a report with its ..... -time workers for a minimum period of ten years and are continuing as on 25-11-1993 the date on which the a.p. (regulation of appointments to public services and rationalisation of staff pattern and pay structure) act, 1994 (act 2 of 1994) came into force, be regularised by the appointing authorities subject to the .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(4)AWC2517; (2001)3UPLBEC2594
..... was guilty of having failed to make claim within reasonable time before the concerned authority. in professor mohd. zameeruddin siddiqui v. executive council. aligarh muslim university, allgarh, 1996 (1) esc 289 (all), a division bench of the high court observed that the date of birth recorded in the service record ..... the earlier recommendation made by his predecessor, and urged the stale government to consider the case of the petitioner sympathetically. again on november 10, 1993 the commissioner, referred to his earlier letters issued by the predecessor and requested the state government to consider the representation of the petitioner in consonance with ..... existed a difference between the tribunal and the hon'ble high court. the tribunal exercisesthe jurisdiction conferred by the statute, namely, the public services tribunal act, while hon'ble high court exercises extra-ordinary jurisdiction under article 226 of the constitution of india, so the tribunal could not issue directions to .....
Tag this Judgment!Court : Allahabad
Reported in : (2001)1UPLBEC757
..... ., state of u.p. v. madhyamik shiksha parishad, 1996 (7) scc 34; state of haryana v. jasmer singh, 1996 (11) scc 77 (paras 5, 8 and 10); gujarat agricultural university v. rathod labhu bechar, jt 2001 (2) sc 16.(ii) payment of wages less than minimum wages is forced labour (begar)., sanjit roy v. state of rajasthan, air 1983 sc ..... that is not absurd unfair or arbitrary. it cannot be set aside.,indian railway service: of mechanical engineers association and ors. v. indian railway traffic service association and anr., jt 1993 (3) sc 474 (18); sher shingh and ors. v. union of india and ors., jt 1995 (8) sc 323 (7); krishnan kakhmth v. government of kerela. air 1997 sc ..... 328 (para 3). the parishad and the mandi samittees are paying wages more than the one under the minimum wages act. it can not be said that there is any begar or forced labour. the petitioners are not entitled to more than what was paid to them.potnts for determination20. in .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(3)KarLJ518
..... supra.35. independent of the above facts, even in law, on a bare reading of the statutory provisions contained in the karnataka panchayat raj act, 1993 {in short the 'panchayat raj act'), the respondent-employees union or any of its members cannot be said to have acquired any right of regularisation for the reasons set out ..... casual or daily rated basis. similarly, different local bodies and other statutory institutions like the municipalities, municipal corporations, b.w.s.s.b. and the universities which are creatures of different enactments are governed by the rules of recruitment framed under such enactments or the said civil service rules in case those have ..... public works department should be only against the sanctioned posts in that department. but, in the meantime, a society was formed by law students of the university college and two individuals who moved the supreme court by filling dharwad district p.w.d. literate daily wages employees association's case, supra, under article .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC706; [2001(89)FLR18]; JT2001(2)SC16; (2001)ILLJ710SC; 2001(1)SCALE270; (2001)3SCC574; [2001]1SCR413; 2001(2)LC922(SC); (2001)1UPLBEC834
..... bring more workers in its arm for regularisation and secondly, to bring it within the financial means available to the university. in fact, single judge has set aside the grant of permanency from 1st january, 1993 and left it open to the appellant to frame a scheme for their absorption. mr. dhawan also challenges the grant ..... arises in a case of industrial dispute concerning grant of permanent status and emoluments and privileges attached there to by the workmen under the industrial dispute act, nor the tribunal had considered after reaching the conclusion about long duration of work and existence of permanent work the extent to which permanent nature of ..... the appellant these labourers are being paid their wages as per the minimum wages fixed by the state government from time to time under the minimum wages act. they were engaged due to exigencies of work, without considering relevant factors about their educational qualification, age limit and other relevant requirements for the purpose of .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3587
..... government also cannot wake up from the slumber after the period of long years and take action after a decade.'20. in case of basudeo tiwary versus sido kanhu university and others reported in 1999 scc (l & s) 174, it has been observed by the apex court in relevant para 12 of the report as under:'the ..... the executive authority invested with judicial power. the habit of mind an executive officer so formed cannot be expected to change from function to function or from act to act so it is essence that some restrictions shall be imposed on tribunal in a matter of passing orders affecting the rights of the parties.23. the inquiry ..... the respondents have submitted that in such mal practice and dishonesty committed by the chairman, secretary and member of the selection committee, the government by letter dated 5.3.1993 directed to take appropriate action in the matter in accordance with law. therefore, ultimately, the services of the petitioners were terminated by the respondents. all such teachers .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT607
..... were appointed on part-time basis have to put in a minimum of ten years service as part-time workers and are continuing as on 25-11-1993, the day on which act 2 of 1994 came into force, are alone entitled to be regularised. the conditions prescribed for regularisation are not germane to the issue and as such, ..... services of the employees who are working for decades and who might have crossed the upper age limit prescribed for appointment in public services.88. in g.b. pant university of agriculture and technology, patnagar, naintial v. state of uttar pradesh and ors, 2000 (5) supreme 477 their lordships while rejecting a similar contention advanced by the ..... practical experience and factual contexts before arriving at the solution. it has been contended that the plea that the financial implications would be rather much too heavy on the university to be borne by it and unless state assistance is made available, it would a well nigh impossibility to meet the burden, we are, however, unable to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD555; 2000(1)ALD(Cri)226; 2000(6)ALT438
..... at 235, palghat jilla thandan samudhaya samrakshna samithi v. state of kerala, : (1994)1scc359 , nityanand sharma v. state of bihar, : [1996]2scr1 , valsamma paul v. cochin university, : [1996]1scr128 , srish kumar choudhury v. state of trlpura, : [1990]1scr576 , m.s. malathi v. commr., nagpur division, : air1989bom138 , indra sawhney v. union ..... 113. with the same purport the learned counsel for the petitioner has relied on : [1971]82itr44(sc) ; : [1992]3scr972 , : air1989bom138 ; 1993 scc 130 and : (1994)1scc359 . relying on these judgments the learned counsel for the petitioners further submits that, as has been held by various judgments of ..... 2). subsidiary questions are whether the presidential notification is a constitutional determination of absolute identity amongst persons catalogued inter se, whether the impugned act has further classified a homogenousclass, whether the categorisation amounts to varying the presidential older and is exclusively within the purview of the parliament. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2001Guj132; (2001)3GLR2280
..... nomination paper by the authority cannot be questioned in a civil court and the only remedy was to file an election petition under section 31 of the gujarat panchayats act, 1993, in view of the provisions of art. 243-o of the constitution of india.5.4 the decision in vinodbhai bikhabhai harijan v. election officer & additional ..... council is satisfied that he has intimated voluntary suspension of practice and has not given intimation of resumption of practice or has incurred any disqualification mentioned in the act or the rules made therein. thus, an advocate who intimates voluntarily suspension of practice as an advocate, can no more be on the electoral roll and ..... taluka development officer, reported in 1998 (1) glr 604 was cited for its proposition that the gujarat panchayats act provided only for one remedy which was by way of an election petition to be presented after the election was over and that there was no remedy provided .....
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