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Karnataka State Level Advocates' Clerk's Association (R) Vs. State of ...

Court : Karnataka

Reported in : ILR2008KAR2700; 2008(4)KCCRSN307

..... accordingly, the petition is disposed of with a direction to the first respondent to constitute a fund called the 'karnataka registered clerk's welfare fund' as contemplated under section 27 of the karnataka advocates welfare fund act, 1983 and notify the rules as expeditiously as possible, but not later than six months from today. ..... , to the registered clerks of advocates in the state of karnataka, in terms of section 27 of the karnataka advocates welfare fund act, 1983.2. ..... one of the manners indicated therein is for providing the bar council with the clerks welfare fund stamps, which would be affixed to the vakalathnama that would be filed by the advocates in the manner what is being done in the case of advocates welfare fund and this is an aspect which is to be considered by the state government and such method of distribution of the welfare fund stamps is to be assigned to the bar council by the state government.9. ..... as such, the petitioner is before this court stating that section 27 of the karnataka advocates well are fund act, 1983 (hereinafter referred to as 'the act' for brevity) makes it mandatory for the state government to constitute a fund called the 'karnataka registered clerks' welfare fund'.4. ..... while stating so, what requires to be also noticed is that similar funds have been notified by the state government of andhra pradesh, state government of kerala and also the state government of tamil nadu. .....

District Collector Vs. Subaida Beevi

Court : Kerala

Reported in : 2010(1)KLT913

..... a learned single judge of this court held that the provisions of section 65 of the act can be invoked to recover the amounts due under the kerala toddy workers welfare fund act, 1969, as if the amount due is public revenue due on land. ..... the learned additional advocate general submitted that initially, the act was designed to collect only public revenue due on land, but section 68 of the act enabled the state to recover certain other dues to the state also, by applying the provisions of the act ..... the learned additional advocate general submitted that if the view taken by the learned judge that section 50(2) will apply only to the revenue recovery proceedings initiated for the recovery of arrears of public revenue due on land, is allowed to stand, it will be impossible to apply the provisions of the act for recovery of the amounts, on the requisition of an institution notified under section 71 of the act ..... the learned additional advocate general brought to our notice, the scheme of the act and the ..... the learned additional advocate general, therefore, submitted that the view taken by the learned judge, which is impugned in the writ appeal, is liable to the ..... the learned additional advocate general also brought to our notice that the decision in ..... heard the learned additional advocate general ..... the learned additional advocate general also brought to our notice that sections 7 and 34 only speak of arrears of public revenue due on land, for which notices of attachment of movable and immovable .....

G.K. Gupta and Others Vs. the Managing Director Cidc and Others

Court : Chhattisgarh

..... in each year in the following manner:-(i) on the amount at the credit of an employee on the last day of the preceding year, less any sums withdrawn during the current year- interest for twelve months;(ii) on the amount withdrawn during the current year- interest from the beginning of the current year upto the last day of the month preceding the month of withdrawal;(iii) on the amount credited to the account of an employee after the last day of the preceding year- interest from the date of deposit upto the end of the current year;(3) the total amount of interest ..... the case of the petitioners, in short, is that in exercise of power conferred under section 45 of the road transport corporation act, 1950 (for short "the act, 1950"), the madhya pradesh road transport corporation employees deposit fund (for short "the edf") has framed the regulation with the previous sanction of the government, which is known as madhya pradesh state road transport corporation employees deposit fund regulations, 1985 (for short "the regulations, 1985"). ..... advocate general appearing for the state adapts the submission made by learned counsel appearing for cidc.14. ..... employees welfare society and another v. ..... state of kerala and others, ghulam rasool lone v. .....

C.P. Rekha Vs. Kerala Advocateand#8217;s Welfare Fund Trustee Committe ...

Court : Kerala

..... the only issue that arises for consideration in this writ petition is the justifiability of the demand of the first respondent that, for disbursing the dues under the kerala advocates welfare fund act, 1980, the petitioners should produce a succession certificate. ..... the welfare fund in question has been constituted under s.3 of the kerala advocates welfare fund act, 1980 and the rules framed thereunder. 6. ..... it is in these circumstances this writ petition has been filed, seeking the following reliefs: (b) declare that the first respondent, the kerala advocates welfare fund trustee committee, is the sole authority to decide regarding the legal heirs entitled to receive the amount due from the welfare fund and the insistence of production of a succession certificate issued by the civil court is unwarranted. ..... venugopal was a member of the kerala advocates welfare fund administered by the first respondent. ..... venugopal and on satisfying that the petitioners are the sole legal heirs release the advocate welfare fund amount due to the petitioners forthwith. ..... venugopal joined the advocates welfare fund, he had nominated his wife smt. ..... venugopal, petitioners submitted ext.p4 application to the first respondent, claiming disbursement of an amount of rs.3,14,285/-, being the welfare fund due to the deceased. .....

M.P. Dharmarathnam and Others Vs. State of Kerala Represented by the C ...

Court : Kerala

..... since different drivers take on hire the same auto rickshaw, such drivers are not employees of the auto owner and therefore, the registered owner is not liable to register the hirers as motor workers or remit contribution payable under the kerala auto rickshaw workers' welfare fund scheme 1991 (hereinafter referred to as the 'scheme') or under the kerala motor transport workers' welfare fund act 1985 (hereinafter referred to as "the act") is the specific case put forward by the appellants. ..... when confronted with the situation of inability to remit the tax without payment of welfare fund to operate the auto rickshaws, the appellants approached this court challenging the requirements of sections 4 (7) and 4 (8) of the taxation act and also for a declaration that the provisions of the welfare fund act and scheme for payment of contribution towards workers welfare fund do not apply to them. ..... clause 2(p) of the scheme: "employer" means the employer defined in sub-section (e) of section 2 of the kerala motor transport workers' welfare fund act, 1985. ..... however, their grievance is that in order to remit the motor vehicle tax under the kerala motor vehicle taxation act, the taxation officer demands receipt of payment of motor workers welfare fund up to the previous month for acceptance of tax which is a requirement of section 4(7) r/w section 4(8) of the kerala motor vehicles taxation act. ..... we have heard advocate sri. .....

Smt. S. Jayasree Vs. the Secretary, A.P. Bar Council Hyderaba

Court : Andhra Pradesh

..... in the notice, learned counsel states that it is in the interest and welfare of the advocates of andhra pradesh and in the interest of public and the safety of the public funds that a detailed probe is conducted by the cbi or acb of the state to unearth the details of the scams mentioned by him. ..... of the term of five years or the extended term, as the case may be, referred to in section 8, the bar council of india shall, on and from the date immediately following the day of such expiry, constitute a special committee consisting of-(i) the ex officio member of the state bar council referred to in clause (a) of sub-section (2) of section 3 to be the chairman:(ii) two members to be nominated by the bar council of india from amongst advocates on the electoral roll of the state bar council, to discharge the functions of the state bar council until the bar council is constituted under this act."13. ..... state of kerala air 1970 ker. .....

V.P. Sajeendran Vs. Secretary, C.i.T.U. Ayarkunnam Unit, Kottayam Dist ...

Court : Kerala

..... according to the learned standing counsel for the welfare board and the learned government pleader, this act is enacted by the kerala legislative assembly invoking its powers under entries 22, 23 and 24 of the concurrent list in the seventh schedule of the constitution of india which we extract below: "22.trade unions; industrial and labour disputes. 23. ..... koshy george, the learned standing counsel for the kerala headload workers' welfare board. 7. ..... the kerala legislature is perfectly justified in enacting the act in respect of the establishments like that of the petitioners dealing with the lpg cylinders. ..... (i) is entry no.13 of the schedule of the kerala head load workers act, 1978 (for short 'the act') valid, legal and constitutional? ..... koshy george, the learned standing counsel for the welfare board submits that this question as to whether the work of loading and unloading lpg cylinders from/to the trucks to/from the godown of the petitioners is incidental and ancillary to the work of the distribution boys cannot be decided on the basis of the inputs presently available. ..... we have heard learned government pleader and advocate sri. ..... welfare of labour including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits. .....

M.K.Sasikumar Vs. District Judge, Thodupuzha

Court : Kerala

..... the petitioners have averred in the writ petition that they are members of the kerala advocates clerks welfare fund scheme constituted under the kerala advocates' clerks welfare fund act, 2003. ..... it is thus evident that the petitioners who have long past service, will lose the benefits available to them under the kerala advocates' clerks welfare fund scheme rules, 2004 for the years 2011 and 2012, if their registration is not renewed. ..... under the provisions contained in the kerala advocates' clerks welfare fund scheme rules, 2004 lumpsum payment is given for each year of service to an advocate's clerk who ceases to be a member of the scheme. ..... (c) nos.18530 and 18549 of 2012 -:6:- kerala advocate clerk's welfare fund scheme, non-renewal of registration would prejudicially affect their rights as they would lose the benefits of continuous service.5. ..... (c).no.18530 of 2012 it is contended that though an application dated 23.12.2010 was submitted by sri.t.c.abraham, advocate, for renewal of registration of the petitioner, the said application was not supported by a certificate from the former advocate under whom the petitioner was serving as provided under the pleader's clerks rules and therefore, the said application was returned and forwarded to the munsiff, peermade, but the petitioner has not cured the defect and re-submitted the application during the year 2011. .....

Jojichan.C Vs. M.J.Mathai

Court : Kerala

..... john, the chief executive officer, kerala coir workers welfare fund board, head office, alappuzha, pin-688 001. ..... chacko, aged 4 years, district officer/junior superintendent, kerala coir workers welfare fund board, district office, alappuzha, pin-688 001. ..... 25460 of 2012 ---------------------------------------- dated this the 8th day of january, 2013 judgment this is a petition filed by the petitioner alleging contumacious act on the part of the respondent in passing annexure vi order dated 7.12.2012, reverting the petitioner from the post of junior superintendent, in spite of the specific interim order passed by this court vide annexure iv dated 31.10.2012.2. ..... 1947 of 2012 -2- learned senior counsel appearing for the petitioner that, the petitioner had to move the court for further positive orders and after considering the merits involved, the petitioner was directed to be placed as before i.e. ..... , as junior superintendent and after considering the same, a positive order was passed, pursuant to which, the respondents have given effect to the same and that the petitioner is continuing as junior superintendent, as on date. ..... in the high court of kerala at ernakulam present: the honourable mr.justice p.r.ramachandra menon tuesday, the 8th day of january 2013 18th pousha 193 con.case(c).no. ..... by sri.n.nandakumara menon, senior advocate. .....

M/S.T.G.Polymers and Co. Vs. the Regional Transport Officer, Alappuzha

Court : Kerala

..... the provisions of the motor transport workers welfare fund act, 1985 do not apply as far as the establishment of the petitioner and its employees are concerned. ..... this is evident from the proviso to section 4 of the motor transport workers welfare fund act 2. ..... the district executive officer, kerala motor transport welfare fund office,harippad, alappuzha 514. 5. ..... the chief executive officer, kerala motor transport welfare fund office, thiruvananthapuram-695 001.4. ..... sri.a.rajasimhan,sc,epf organisation this writ petition (civil) having been finally heard on 23-01-2013, the court on the same day delivered the following: sts wp(c)no.10389/2012 appendix petitioner(s) exhibits ext.p1 true copy of the certificate showing the applicability of the employees provident fund & miscellaneous provisions act, 1952 to the petitioner with a code number as kr 2468.issued by the r5. ..... no.10389 of 2012 = = = = = = = = = = = == = = = = dated this the 23rd day of january, 2013 judgment the establishment of the petitioner is covered under the employees provident funds and miscellaneous provisions act, 1952.this is evident from ext.p1 certificate issued to the petitioner by the employees provident fund organisation. ..... 1 and 2 to receive motor vehicles tax in respect of the motor vehicles covered by exts.p3(a) to p3(d) registration certificates without insisting on the payment of the kerala motor transport workers welfare fund. ..... sri.d.sajeev babu, sc, kmtwwfb r5 by dr.s.gopakumaran nair,senior advocate adv. .....