Court : Orissa
Decided on : Dec-15-2004
Reported in : II(2005)ACC695; 2006ACJ1428; [2005(105)FLR47]; 2005(I)OLR137
..... code, 1979 as quoted in the judgment of the commissioner, workmen's compensation, the duty of a forest guard is to see that the provisions of the wild life (protection) act, 1972 and rules framed thereunder are observed and to put a stop to illegal shooting and trapping. he is also required to patrol the forest to prevent offences ..... show that he comes under the definition of 'workmen' under the amended provision and therefore the petition filed claiming compensation was not maintainable.6. after amendment of the act, the word 'forestry' has been inserted as item no. xxix in schedule-ii and prescribes that whoever is employed in horticulture operation, forestry, bee keeping or farming ..... the claimant, on the other hand, submitted that as per the decision of this court the deceased has to be treated as a workman as defined under the act and he having died in course of employment, his wife is entitled to the claim. in respect of the appeal filed by the claimant, learned counsel appearing .....
Tag this Judgment!Court : Orissa
Decided on : Nov-02-2004
Reported in : II(2005)ACC615; 2006ACJ1494; 98(2004)CLT762
..... not debarred from awarding reasonable sum of money by way of compensation, if there is deliberate act of negligence on the part of the statutory authorities and/or to help in protecting, preserving and enforcing the fundamental rights to life of a citizen. in such legal backdrop the moot question for consideration is whether there ..... was any deliberate act of negligence on the part of the railway authorities, which resulted in the accident ..... the train being a heavy vehicle, its authorities should be more vigilant in protecting the lives of innocent human beings who are using the level crossings. it is argued that section 18 of the railways act, 1989 (hereinafter to be called as 'act', in short), puts liability on the railway authorities to construct suitable gates, .....
Tag this Judgment!Court : Orissa
Decided on : Aug-16-2004
Reported in : 2004CriLJ4425
..... elaborately deal with the contentions of dr. tripathy. 12. according to dr. tripathy, the question of sanction must be considered before taking cognizance as otherwise, it takes away the protection guaranteed to public officers under the statute. in support of his contention, he cites several case laws, the relevant of them being (2001) 20 ocr (sc) 1 : ..... police station till 30-3-1998. the petitioners allege that the learned s.d.j.m. without making proper enquiry and without consider the fact that the petitioners are protected under section 197(1), cr. p.c. took cognizance of the offences under sections 342/384/34, ipc and issued process. according to the petitioners, they ..... cases, it was basically said that the provisions of section 197, cr. p.c. is meant to protect the public servants from frivolous prosecutions and so sanction under section 197, cr. p.c. is necessary where the act alleged is committed in discharge of official duty or purported to be in discharge of official duty. it was .....
Tag this Judgment!Court : Orissa
Decided on : Jul-20-2004
Reported in : 2004CriLJ4003
..... we have no justification to import it into a totally different fundamental right, by some process of strained construction'. nor is it legitimate to assume that the constitutional protection under article 20(3) (right against self-incrimination) would be defeated by the statutory provisions for searches. however, the right to privacy was more specifically in ..... (pucl) v. union of india, (1997) 1 scc 301 : (air 1997 sc 568) held that the right of privacy is a part of right to 'life' and 'personal liberty' enshrined under article 21 of the constitution and it cannot be curtailed except according to the procedure established by law. in m. p. sharma v ..... , 'registered medical practitioner means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the indian medical council act. 1956 (102 of 1956) and whose name has been entered in a state medical register.173 report of police officer on completion of investigation.--xxx xxx xxx .....
Tag this Judgment!Court : Orissa
Decided on : May-15-2004
Reported in : 98(2004)CLT234
..... so as to make available their services to the rural populations; they have a temptation for staying in cities on account of better conditions, better facilities and better quality of life available not only to them but also to their family members as also better educational facilities in elite schools which are to be found only in citis. in-service doctors ..... being told in advance and knowing that by rendering service in rural/tribal areas they can capture better prospects of earning higher professional qualifications, and consequently eligibility for promotion, acts as a motivating factor and provides incentive to young in-service doctors to opt for service in rural/tribal areas. in the set up of health services in the state .....
Tag this Judgment!Court : Orissa
Decided on : Aug-12-2004
Reported in : 98(2004)CLT424; 2004CriLJ4441
..... drastic action against the detenu. such satisfaction is the condition precedent for issuing an order of detention under sub-section (2) of section 3 of the act. the impugned order dated 28.10.2003 having been issued without, proper subjective satisfaction on the ground as already stated, we are of the view that ..... burdwan applied his mind and arrived at a real and genuine subjective satisfaction that it was necessary to detain the petitioner with a view to preventing him from acting in a prejudicial manner. the condition precedent for the making of the order of detention was, therefore, not satisfied, and consequently, the order of detention must ..... it was passed on the subjective satisfaction of the district magistrate, burdwan that it was necessary to detain the detenu with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community. this subjective satisfaction, as the grounds of detention furnished to the detenu .....
Tag this Judgment!Court : Orissa
Decided on : Dec-13-2004
Reported in : 99(2005)CLT150; (2005)IILLJ753Ori; 2005(I)OLR205
..... himself and his family not merely the bare essentials of food, clothing and shelter but a measure of frugal comfort including education for the children, protection against ill-healthy, requirements of essential social needs, and a measure of insurance against the more important misfortunes including old age. in the standard ..... region directing payment of wages averaging rupees sixteen hundred or more and exceeding the minimum wages in cheque. section 2(k) of the industrial disputes act, 1947 defines 'industrial dispute' as any dispute or different between the employers and employers, or between employers and workmen, or between workmen and workmen ..... india, orissa, bhubaneswar requesting him to ensure encashment of cheques and payment thereof to avoid attraction of the penal provisions of the payment of wages act, 1936. many of the employees also addressed representations to different district managers of the food corporation of india indicating their difficulties in receiving payment of .....
Tag this Judgment!Court : Orissa
Decided on : Jul-14-2004
Reported in : 98(2004)CLT397
..... on the petitioner and his co-sharers. in the counter affidavit, a stand has been taken by the government that as the lease has already expired during the life-time of the original lease-holder and as the legal heirs did not apply for renewal forthwith and they being not in possession of the said land are not ..... entitled to the settlement of the same in terms of the amended provisions of the orissa act 1 of 1991. in the foregoing paragraphs, this question has already been answered taking into consideration several judicial pronouncements on the subject. this requires no further deliberation. ..... the petitioner and his brothers, opposite parties 5 and 6, with heritable and transferable rights in terms of section 3(4)(c) of the orissa government land settlement act, 1962.2. the brief facts leading to this writ application as delineated tend to reveal that the petitioner's father raja sailendra narayan bhanja deo was the lessee .....
Tag this Judgment!Court : Orissa
Decided on : Jul-16-2004
Reported in : 98(2004)CLT208; [2004(102)FLR1125]
..... honour all the commitments made by the management of the ort respectively, in the memorandum of settlement or other agreements reached with the workers and staff under the industrial disputes act, 1947 or any other labour law;(d) for the purpose of all statutes, the period of service in the ort by the personnel shall be deemed to be continuous service .....
Tag this Judgment!Court : Orissa
Decided on : Jul-20-2004
Reported in : 98(2004)CLT393
..... , this court relying on the decisions of the apex court in trilochan singh v. punjab state warehousing corporation, (1991) supp (2) scc 290. and meera mathur v. life corporation of india, (1992) 1 scc 286. held that back wages cannot be directed to be paid in all cases where retrenchment was found illegal. it always depends upon ..... of more than 240 days without break. it also came to categorical finding that they were retrenched without following the mandatory provisions of section 25-f of the act and, as such, the order of their retrenchment was unjust and contrary to law. on the basis of such finding, the labour court directed reinstatement of the ..... electricity board dated 28.3.1988 the workmen were retrenched from service. they alleged that their retrenchment was without following the mandatory provisions of section 25-b of the act and, as such, according to them, the order of retrenchment being unjust and illegal was liable to be set aside.4. the management in its written statement .....
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