The Hindu : Karnataka / Bangalore News : Annulment of appointments in Assembly Secretariat stayed

Online edition of India's National Newspaper
Wednesday, Oct 26, 2005

Karnataka

Karnataka - Bangalore

Annulment of appointments in Assembly Secretariat stayed

Staff Reporter

High courtround-up

BANGALORE: The Karnataka High Court on Tuesday stayed an order of the Commissioner of Social Welfare Department annulling the appointment of 17 persons under the backlog category in the Assembly Secretariat.

The petitioners, Chandrakala and others, challenged the September 16, 2005 order of Commissioner of Social Welfare Department K. Shivaramu annulling the appointment of reporters, typists, driver, watchmen and sweepers for the Secretariat.

Ms. Chandrakala said she had been appointed as a reporter. However, the appointment was cancelled; according to the authorities, it was not in accordance with the backlog vacancy rule of 2001.

The petitioners said the Commissioner passed the order without hearing them or giving them notice.

The Commissioner can only make recommendations after scrutinising the applications and he exceeded his brief by cancelling the appointments made on December 19, 2002, they said. The Government filed a caveat.

After hearing the parties, Justice B.S. Patil stayed the order of the Commissioner and adjourned further hearing on the matter.

Appeal partly allowed

A Division Bench comprising Justice B. Padmaraj and Justice V. Jagannathan on Tuesday partly allowed an appeal by the State Government against acquittals in a murder case.

In its appeal, the State said Krishne Gowda, Nanje Gowda, Raje Gowda, Basave Gowda, Putte Gowda, Putte Gowda, Rajapppa alias Raje Gowda, Ramesha, Javaramma, Lakshmamma and Ninje Gowda allegedly murdered Chenne Gowda of Mudugere village following a dispute over land. The Principal Sessions Judge of Hassan acquitted the accused.

The Bench partly allowed the State's appeal and said the trial court committed a serious error in disregarding the evidence of injured eyewitnesses merely because of a few lapses in investigation. It said the trial court gave undue importance to lapses and discarded reliable, cogent and convincing testimony of the eyewitnesses.

While holding that it is not a case that can be categorised as "rarest of rare" to warrant death sentence, the Bench said the alternative is to award life imprisonment. It sentenced Nanje Gowda and Putte Gowda to life imprisonment and imposed on them a fine of Rs. 10,000 each. The Bench awarded minor punishments to others.

Jurisdiction

Justice R. Gururajan on Monday held that the Labour Commissioner has the jurisdiction to try a dispute on abolition of contract labour.

The petitioners, KMF Employees' Federation and others, had urged the court to quash an endorsement of the Labour Commissioner to refer an industrial dispute on contract labour to the Industrial Tribunal, Bangalore, or direct the Registrar of Cooperative Societies to adjudicate it.

The federation had raised a dispute about several workmen being employed on contract basis. During the pendency of the dispute, a writ petition was filed in the court, which ruled that the question of abolition of contract labour has to be referred by the Government.

The Government passed an order prohibiting contract labour in milk unions, and this was challenged. The managements were against absorption of contract labour.

The federation and others filed a petition before the Labour Department, and the department issued an endorsement stating that it was not possible to treat the issue under the Industrial Dispute Act.

The petitioners moved the Registrar of Cooperative Societies, who said the unions did not come under the Cooperative Act and the dispute could not be adjudicated by it.

The court said the Labour Commissioner had the power to adjudicate the dispute.

Student's plea

A student, who was denied admission ticket for the D.Ed. examination, has been allowed to appear for the examination, subject to the judgment on his writ petition.

The student, Inayath Saini, joined Tippu Shaheed Teacher Training Institute in Bijapur after completing the pre-university course.

He was not allowed to write the D.Ed. examination as the Government ratified the admission of only 25 students and he was placed 26th.

Printer friendly page
Send this article to Friends by E-Mail

Karnataka