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Medha Kotwal Lele and ors. Vs. Union of IndiA.
Supreme Court of India
Oct-19-2012
Constitution
Constitution Of India - Article 141; Industrial Employment (Standing Orders) Act, 1946; Indian Penal Code
(2013)1SCC297
or their own transfer.5. Disciplinary action:Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules.6. Complaint mechanism:Whether or not … those rules.6. Complaint mechanism:Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer's organization for redress of the complaint made by
Tag this Judgment! AI Brief & AskIndian Council of Agricultural Research and Another Vs. Am Bilas Mehto ...
Delhi
May-21-2012
Land Acquisition
Grade of T-1-3 with effect from 01.01.1994. At that point of time, they were governed by the Technical Service Rules which were existing and which we shall now designate as the Old Technical Service Rules. In the year … by the Technical Service Rules which were existing and which we shall now designate as the Old Technical Service Rules. In the year 2000, to be precise, on 03.02.2000, New Technical Service Rules were brought into force by
Tag this Judgment! AI Brief & AskAmreli Municipality Vs. Gujarat Pradesh Municipal Employees Union
Gujarat
Jul-09-2004
Labour and IndustrialConstitution
Constitution of India - Articles 14, 16 and 21; Industrial Disputes Act, 1947 - Sections 2 and 10; Gujarat Municipalities Act, 1963 - Sections 47, 50, 260 and 271; Bombay Provincial Municipal Corporations Act, 1949; Gujarat Panchayats Act, 1993 - Sections 227 and 235
(2004)3GLR1841; (2005)ILLJ592Guj
of two Division Benches on the point as to whether the Labour Court/Industrial Tribunal can order regularisation of services to a local authority which is a public body in which there is no availability of sanctioned set-up … or the Labour Court exercising powers under the Industrial Disputes Act is bound by statutory provisions or statutory rules while considering the question of regularisation or otherwise of the workmen?(ii) Whether in case of public employment as
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M.K. Gandhi and ors. Vs. Director of Education (Secondary) and ors.
Allahabad
Aug-30-2005
Constitution
Societies Registration Act, 1860; Rajasthan Societies Registration Act, 1958; ;Uttar Pradesh Intermediate Education Act, 1921; Industrial Employment (Standing Orders) Act, 1946; Industrial Disputes Act; Indian Contract Act - Sections 23; State/U.T. Act; Service Rules - Rule 9; Constitution of India - Articles 12, 14, 21, 21A, 29(2), 32, 226 and 309
2005(4)ESC2265
30th November, 1991 for granting N.O.C. to the Schools. These guidelines clearly stipulate that the school shall frame Service Rules for the teachers and the employees.23. The D.P.S. School has not framed any service rules but has obtained … performing public duty.(vi) Whether a writ petition is maintainable against a privately managed school for violation of the service rules.(vii) Whether a writ petition is maintainable against the Board for non-observance of its bye-laws.(viii) Whether the petitioners are
Tag this Judgment! AI Brief & AskIndian Council of Agricultural Research and anr. Vs. T.K. Suryanarayan ...
Supreme Court of India
Aug-05-1997
Service
Constitution Of India - Article 136
(1997)6SCC766
educational qualification should not suffer any prejudice by being denied such promotions on the ground that the Technical Service Rules of Indian Council of Agricultural Research enforced with effect from 1-10-1975 do not permit such promotion. The Tribunal … A three-Judge Bench of this Court has considered the import of Rules 5-1 and 7-2 of the said Service Rules coming into force on 1-10-1975. It has been clearly indicated in the said decision of this Court reported
Tag this Judgment! AI Brief & AskState of Rajasthan and ors. Vs. Jagdish NaraIn Chaturvedi
Supreme Court of India
May-08-2009
Service
Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 - Rules 5, 6, 6(3), 6A, 6B, 6C, 8, 9, 9(4), 16, 17, 21A, 22, 22(2A), 23, 25(4), 26, 27 and 28; Rajasthan Engineering Subordinate Service (Irrigation Branch) Rules, 1967; Work Charged Employees Services Rules, 1964; Rajasthan Agricultural Subordinate Service Rules, 1978; Rajasthan Forest Subordinate Service Rules, 1963; Rajasthan Panchayat Samiti and Zila Parishad Service Rules, 1959; Rajasthan Secretariat Ministerial Service Rules, 1970; Rajasthan Absorption of Surplus Personnel Rules, 1969 - Rule 3; Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 - Rule 7; Constitution of India - Articles 141 and 309
AIR2010SC157; JT2009(13)SC9; RLW2009(2)SC1481; 2009(8)SCALE28
Branch Rules'), the Work Charged Employees Services Rules, 1964 (in short Work Charged Rules), the Rajasthan Agricultural Subordinate Service Rules, 1978 (in short the `Subordinate Rules'), the Rajasthan Forest Subordinate Service Rules, 1963 (in short the `Forest Subordinate … Charged Rules), the Rajasthan Agricultural Subordinate Service Rules, 1978 (in short the `Subordinate Rules'), the Rajasthan Forest Subordinate Service Rules, 1963 (in short the `Forest Subordinate Rules'), Rajasthan Panchayat Samiti and Zila Parishad Service Rules, 1959 (in short
Tag this Judgment! AI Brief & AskK. Venkateswara Rao S/O Govinda Rao, Government Institute of Post Dipl ...
Andhra Pradesh
Sep-24-2008
Service
Administrative Tribunal Act, 1985 - Sections 20(2), 21, 21(1) and 21(3); Constitution of India - Articles 32, 141, 142 and 226; Andhra Pradesh State and Subordinate Service Rules, 1962 - Rules 4 and 5; Andhra Pradesh State and Subordinate Service Rules, 1996 - Rules 5, 6, 7, 8 and 23
2009(1)ALT532
post of Senior Assistant is contrary to the General Rule 4(ii) of the Andhra Pradesh State and Subordinate Service Rules, 1962. The petitioner's name was included in the panel period from 1.11.1989 to 30.4.1990 and also panel period … are to be considered on the basis of seniority-cum-fitness as provided under Rule 5(b) of State and Subordinate Service Rules. The posts of Senior Assistants and Superintendents being non-selection posts, preparation of panels and relative merits do not
Tag this Judgment! AI Brief & AskDabhoi Nagarpalika and anr. Vs. S.J. Khedia and anr.
Gujarat
Mar-22-1996
Labour and Industrial
Payment of Gratuity Act; Industrial Disputes Act; Bombay Civil Service Rules; Gujarat Municipality Act - Sections 271; Municipal Service Rules; Gratuity Act
(1996)2GLR696
of respondent No. 1 that he was entitled to the payment of gratuity even under the Bombay Civil Service Rules of Dabhoi Municipality framed under Section 271 of the Gujarat Municipality Act. Bombay Civil Service Rules had been … Bombay Civil Service Rules of Dabhoi Municipality framed under Section 271 of the Gujarat Municipality Act. Bombay Civil Service Rules had been adopted and it has been clearly provided in Clause 10 of Chapter 12 that in regard
Tag this Judgment! AI Brief & AskDalsukhbhai Keshavlal Vs. National Institute of Design
Gujarat
Jul-07-2000
Labour and Industrial
Industrial Disputes Act, 1947 - Sections 2, 2(A), 2(1), 16, 18 and 32
[2001(88)FLR561]; (2001)GLR74
very action of suspension is arbitrary and illegal in so far as it violates clause 4.3 of the Service Rules of the Respondent-National Institute of Design [hereinafter referred to as 'the Institute'] which provides for a preliminary inquiry … salary, after the period of three months of suspension, is malafide, illegal, unjust and in violation of the service rules of the Respondent Institute, and also in contempt of the order of the City Civil Court staying the
Tag this Judgment! AI Brief & AskF.Nirmalkumar David Vs. the Director, Gandhigram Institute.
Chennai
Jun-27-2012
Labour and Industrial
Industrial Disputes Act - Section 9A; Fundamental Rules - Section 56(1)(a); Constitution of India - Articles 14, 16(1), 21, 226; Service Rules, 2003 - Clause 16
records relating to the impugned amendment dated 12.04.2006 to clause 16 of the Recruitment Rules, 2003 of the Service Rules reframed with effect from 01.04.2006 stating that every employee shall retire on attaining the age of 58 years … wants to open the door for recruitment to the vacancy caused by the amendment to Clause 16 of Service Rules, 2003. So, it is nothing but a fraud on the provision and abuse of process of law and
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