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This ground, viz., that the Board had no authority to render a decision which was retrospective in operation in also untenable. Ratio |
The Wage Board certainly had the jurisdiction and authority to pronounce a decision which could be retrospective in effect from the date of its appointment and there was no legal flaw in the Wage Board prescribing that its decision should be retrospective in operation in the manner indicated by it. Ratio |
We have already dealt with it above. Ratio |
193 Be. Ratio |
Ground No. 10 talks of the authority of the Wage Board to fix scales of pay for a period of 3 years, subject to review by the Government by appointing another Wage Board at the end of that period. Ratio |
We are not concerned with such fixation of the period for the ' simple reason that the Board has not in terms done so. Ratio |
The only authority which it had was to fix the rates of wages and submit its decision in respect thereof to the Government. Ratio |
Any pious hope expressed that the decision should be subject to review or revision by the Government by appointment of another Wage Board after the lapse of 3 or 5 years was not a part of its decision and we need not pause to consider the effect of such fixation of the period, if any, because it has in fact not been do... |
Re. 11. Ratio |
The last ground talks of the Wage Board being handicapped for want of Cost of Living Index. Ratio |
This ground also cannot avail the petitioners for the simple reason that the decision of the Wage Board itself referred in Clause 24 thereof to the all India cost of living index number published by the Labour Bureau of the Government of India 0 Base 1944: 100 and fixed the dearness allowance in relation to the same. R... |
These statistics were available to the Wage Board and it cannot be said that the Wage Board was in any manner whatever handicapped in that respect. Ratio |
On a consideration of all the grounds of attack thus levelled against the validity and the binding nature of the decision of the Wage Board, we have, therefore, come to the conclusion that the said decision cannot be sustained and must be set aside. RPC |
The petitions will, therefore, be allowed and the petitioners will be entitled to an order declaring that section 5 (1) (a) (iii) of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955, is ultra vires the Constitution of India and that the decision of the Wage Board dated April 30, 19... |
As regards the costs, in view of the fact that the 25 194 petioners have failed in most of their contentions in regard to the constitutionality of the Act, the fairest, order would be that each party should bear and pay its own costs of these petitions Civil Appeals Nos.699 703 of 1957. RPC |
These Civil Appeals are directed against the decision of the Wage Board and seek to set aside the same as destroying the very existence of the newspaper establishments concerned and infringing their fundamental rights. Ratio |
Special leave under article 136 of the Constitution was granted by this Court in respect of each of them, subject to the question of maintainability of the appeals being open to be urged. RPC |
These appeals are also covered by the judgment just delivered by us in Petition No. 91 of 1957 & Ors., and the appellants would be entitled to a declaration in each one of them that the decision of the Wage Board is ultra vires the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955, and ... |
The appellants having substantially succeeded in their respective petitions under article 32 of the Constitution, the question has now become purely academic and we need not spend any time over the same. RPC |
: Criminal Appeal No. 36 of 1987. FAC |
From the Judgment and Order dated 1.9.1986 of the High Court of Madras in Crl. FAC |
Appeal No. 893 of 1985. FAC |
N. Natarajan, V. Krishnamurthi and V. Balachandran for the Appellants. FAC |
U.R. Lalit, A.V. Rangam, V.R. Venkataswami and L. Rajendran for the Respondents. FAC |
710 The Judgment of the Court was delivered by SEN, J. FAC |
Appellant No. 1, Laxmi Raj Shetty is under sentence of death on his conviction under section 302 of the Indian Penal Code, 1860 for having committed the murder of the deceased P.N. Gnanasambandam, Actg. FAC |
Manager of the Karnataka Bank, Main Branch, Madras by the First Additional Sessions Judge, Madras by his judgment and sentence dated October 28, 1985. FAC |
He has further been convicted under section 392 for having committed the offence of robbery of Rs.13,97,900 from the strong room of the Bank and also under section 449 for having committed house trespass with intent to commit the said robbery and murder. FAC |
He has been sentenced to undergo rigorous imprisonment for a period of seven years on each of these counts and the sentences are directed to merge in the sentence of death. FAC |
Appellant No. 2 Shivaram Shetty, father of appellant No. 1, a retired Sergeant Major of the Indian Air Force, re employed as Security Officer, Karnataka Bank, Main Branch, Mangalore has been convicted by the learned Additional Sessions Judge under section 212 for having harboured his son Laxmi Raj Shetty having known o... |
On a reference by the learned Additional Sessions Judge, a Division Bench of the High Court by its judgment dated September 1, 1986 has confirmed the sentence of death passed on appellant No. 1 Laxmi Raj Shetty under section 366 of the Code of Criminal Procedure, 1973 as also the conviction and sentences passed on him ... |
The Karnataka Bank has seven branches in the Metropolitan City of Madras, the main branch being at 171, Thambu Chetty Street. FAC |
In each branch there is a strong room for keeping the cash and other valuables. FAC |
The main Branch at 171, Thambu Chetty Street is on the first floor and the Regional Development Office at the second floor of the same building which belongs to the Bank, 711 the ground floor being used for a car park and godown. FAC |
The strong room in the main branch has a double locking system with two sets of keys. FAC |
One set of keys i.e. including the master key remained with the officer next to the Manager and the second set with the officer next to him. FAC |
The strong room could not be opened except by the use of both the keys. FAC |
The total cash in the strong room on May 20, 1983 as per the entry in the Double Lock Register Exh.P10, was Rs.14,26,113.70 in bundles of currency notes bearing the Bank seal MO 11 Series to MO 169 Series. FAC |
This is borne out by the Cash Scroll Register Exh. FAC |
The Cash Scroll Register was not kept under lock and key and used to remain on the table of PW 6 Smt. FAC |
Shasikala, Officer and she has testified that the total cash at the end of that day was Rs.14,26,113.70 and she handed over the amount to the Double Lock officer. FAC |
The assailant would therefore know by a look at the Cash Scroll Register as to the exact amount in the strong room on that day. FAC |
The topography of the Main Branch is given in the sketch plan Exh. FAC |
The Manager 's cabin is on the first floor at the north eastern corner. FAC |
The central hall in the middle is empanelled with different counters and there is a big lounge outside facing the Manager 's cabin. FAC |
The Bank officials used to sit in the central hall at their respective places while transacting the business of the Bank. FAC |
The bathroom and the W.C. where the murder was committed, are on the south western corner. FAC |
For going to the bathroom, one has to cross the central hall, get into a foyer where the water cooler is kept and beyond it is the bathroom and W.C. FAC |
Just across the foyer and opposite the bathroom is a flight of steps leading upto a mazzanine floor on which the strong room is located. FAC |
It appears that the accused Laxmi Raj Shetty, aged 24 years is a 6 feet tall, fair complexioned young man with curly hair. FAC |
He along with PW 9 Govindaraj was recruited as a trainee clerk at the Main Branch in the month of August 1982, placed on probation in October 1982 and thereafter confirmed in the month of April 1983. FAC |
It has come in evidence that the accused Laxmi Raj Shetty and the deceased Gnanasambandham were known to PW 18 from before as they both used to leave the Bank premises together at night around 9 or 9.30 p.m. FAC |
The accused was a karate expert and always attired in a red T shirt carrying a karate bag on his shoulder. FAC |
He was thus a 712 man with distinctive features and would naturally stand out in a crowd. FAC |
All the other witnesses examined by the prosecution to prove the various circumstances appearing in the case after the gruesome murder speak of the person involved being a tall, fair complexioned young man with curly hair, aged about 24 or 25 years. FAC |
The evidence also shows that PW 50 Deviasigamani, Inspector of Police who was investigating into the crime carried with him a photograph of the accused Laxmi Raj Shetty and when the witnesses were shown the photograph, they identified the accused to be the person in question. FAC |
According to the prosecution, on the fateful night i.e. On May 20, 1983 the deceased Gnanasambandham was, as usual, working in the Bank after the normal banking hours. FAC |
He used to sit on his table in the central hall next to the Manager 's cabin underneath a fan. FAC |
Being the seniormost officer, he had the custody of the first set of keys to the strong room, the second set of keys used to remain with the officer next to him PW 16 K. Chandrasekara Holla. FAC |
Apparently, at about 7.30 p.m. appellant No. 1 Laxmi Raj Shetty (hereinafter referred to as the accused), after doing physical exercises at Physical Development Institute, returned to the Bank premises. FAC |
The prosecution case is that during the probationery period, the accused used to work late in the evenings and gained the confidence of the deceased by helping him with the work. FAC |
They would both leave the Bank together after completing the day 's work roundabout 9 p.m. FAC |
The deceased would hand over the keys of the outer door and the shutter to the accused who would lock the same and hand back the keys to the deceased. FAC |
The accused would then accompany the deceased some way towards his house. FAC |
Shasikala as supported by the entry in the Cash Scroll Register Exh. FAC |
P 8 and that in the Double Lock Register Exh. FAC |
P10, was Rs.14,26,113.70 in bundles of currency notes of different denomina tions, all bearing Bank seals being Mo 11 Series to MO 169 Series. FAC |
From the testimony of PW 16 who had the custody of the second set of keys and was expected to take them home after the day 's business, it appears that he would instead lock the same in the cupboard of his table and take the key of the cupboard with him. FAC |
At times, out of forgetfulness, he would leave the key in one of the drawers. FAC |
713 On that day, unfortunately, PW 16 left the key of the cupboard on the table which sealed the fate of the deceased. FAC |
On the night the deceased was working in the Bank after the normal banking hours. FAC |
Presumably some time after 7.30 p.m. he left his seat in the central hall to go to the bathroom and when he was in the toilet he was struck on the head with the iron portion of one of the stitchers as a result of which he slumped. FAC |
Thereafter the assailant first roughed him up, then strangulated him with a twisted towel with a knot and stabbed to death by a pair of stitchers on both sides of his neck, ordinarily used as part of official stationery for stitching papers. FAC |
He had apparently been done to death to relieve himself of the first set of keys. FAC |
At bout 9 p.m. the accused was seen coming out of the building by PW 18 Smt.Kanaka, a flower vendor, sitting on the steps of the Bank. FAC |
The accused closed the outer door of the Bank and was seen by PW 18 going towards Burma Bazar. FAC |
He returned after some time with a light blue colour suitcase and re entered into the Bank premises. FAC |
After about half an hour he came out with a bag on his shoulder, the blue colour suitcase in one hand and a brief case which the deceased used to carry with him, in the other and placed the suitcase on the steps of the Bank. FAC |
He again went inside and brought out a large coffee coloured skybag and placed it beside the suitcase. FAC |
He then went towards Burma Bazar and came back with an auto rickshaw and with the help of PW 31 Venkatesan, auto rickshaw driver, placed the suitcase and the skybag in the autorickshaw and disappeared into the night. FAC |
The testimony of PW 18 is that she repeatedly queried whether the Periya Ayya, meaning the elderly person or the Manager Ayya thereby meaning the deceased had not come but the accused did not respond to her queries. FAC |
On the next morning i.e. on May 21, 1983 at about 8.15 a.m. PW 2 Mallaiya, the day watchman opened the Bank premises and when he switched on the lights, he found the fan over the table of the deceased still on and he switched it off. FAC |
He also found the Seiko watch of the deceased, his ball pen, pass book and other belongings along with an open ledger lying on the table. FAC |
He asked PW 1 Lakshmi, the sweeper, not to touch any of these articles and attend to her work. FAC |
His version is that he went out for a cup of tea but shortly thereafter PW 1 came out shouting that there was a dead 714 body lying in the toilet and in the meanwhile the members of the staff had started arriving. FAC |
PW 2 along with Venkataraj, Cashier and one Rajaiah went inside and saw the body of the deceased sprawled in the toilet. FAC |
He immediately contacted PW 3 P.T. Rajan, Chief Manager of the Bank and asked him to come at once. FAC |
PW 3 rushed to the Bank and saw the ghastly sight and got in touch with the police control room. FAC |
On the 21st morning which was a Saturday, the accused attended the Bank as usual presumably to allay suspicion. FAC |
He was present when the Investigating officer PW 47 Anandam, Inspector of Police, Esplanade, B 2 Police Station came to the Bank along with a Sub Inspector and a Police Constable on receipt of a message flashed by the police control room, as conveyed by PW 46 Manikkam, Sub Inspector of Police attached to B 1 North Beac... |
On his arrival he took cognizance of the offence on the first information report Exh. FAC |
P3 lodged by PW 3 and started making investigation and made the usual seizures. FAC |
After holding an inquest over the dead body, he sent for the police photographer, the fingerprint expert and the police dog squad. FAC |
He also recorded the statements of PW 1 Lakshmi, PW 2 Mallaiya, PW 3 P.T. Rajan and PW 16 K. Chandrasekara Holla and one Ravi Shankar. FAC |
He did not interrogate the other Bank officials, including the accused. FAC |
The testimony of PW 3 is that immediately on arrival at the Bank he sent for PW 16 and asked for the second set of keys. FAC |
He came and told him that the key of his cupboard was missing and therefore it could not be opened. FAC |
It had then to be wrenched open and the second set of keys was also found missing. FAC |
PW 3 told PW 47 that he would get the duplicate set of keys from the Triplicane Branch and with the help of duplicate set of keys the strong room was opened at about 2.30 p.m. and a sum of Rs.13,97,900 was found missing. FAC |
A message was then transmitted by PW 3 to PW 10. FAC |
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