Gujarat Court November 1983 Judgments
Nagindas J. Mehta Vs. State of Gujarat
Court: Gujarat
Decided on: Nov-30-1983
Reported in: (1984)1GLR423
S.A. Shah, J.1. The petitioner who had been allocated to the bilingual State of Bombay on 1-11-1956 is agitating for getting his proper seniority in the cadre of Aval Karkun and though he has retired as Deputy Collector, his seniority in the cadre of Aval Karkun has not been fixed by the authorities. He has been thrown from pillar to post for getting the relief. Ultimately, he has approached this Court for the fixation of his seniority in the cadre of Aval Karkun and for consequential reliefs.2. Some facts will be relevant for the purpose of deciding the issue. The petitioner was recruited as Accounts Clerk in the Office of the then Development Commissioner of the former State of Saurashtra on 24th August 1954 where he was confirmed as such on 1st August 1956. The Saurashtra State merged with the bilingual State of Bombay on 1st November, 1955 and there was no cadre of Accounts Clerk of the office of the Development Commissioner to which the petitioner could be equated and, therefore, ...
Tag this Judgment!Hirjibhai Lavjibhai Ladani Vs. Upleta Nagar Palika and anr.
Court: Gujarat
Decided on: Nov-29-1983
Reported in: (1984)1GLR487
A.M. Ahmadi, J.1. The petitioner who was initially appointed as a Junior Clerk in the primary school run by the Shikshan Samiti of Upleta Nagarpalika, was promoted as Head-clerk-cum-Accountant pursuant to the recommendations of the Staff Selection Committee. The petitioner was in due course confirmed as Head-clerk-cum-Accountant by the Administrative Officer, Nagar Prathmik Shikshan Samiti, Upleta, by his order dated 3rd October 1972. The President of the Nagarpalika by his order dated 15th April 1978 transferred the petitioner to the Accounts Branch of the Municipality. The petitioner has challenged this transfer order by this petition principally on the ground that the President of the Nagarpalika has no power or authority to transfer him since the said power vests in the Administrative Officer alone. The petitioner, therefore, prays that appropriate writ be issued against the respondents for quashing and setting aside the said order dated 15th April 1978 whereby he is transferred to...
Tag this Judgment!Jyoti Ltd. Vs. Jyoti Karmachari Sangh
Court: Gujarat
Decided on: Nov-29-1983
Reported in: (1984)1GLR506
R.A. Mehta, J.1. This petition by the employer is directed against the award by the Industrial Tribunal in a reference under Section 10(1)(d) of the Industrial Disputes Act whereby the Tribunal granted the demand of special compensation of Re. 1/- per day (the demand was for Rs. 8/- per day) per each actual working day to each of the workmen who had been transferred from the pattern shop in the main factory of the company at Baroda to the pattern shop of the Company established by the Company at village Dashrath on National Highway No. 8 from the date they had been made to work in that pattern shop in that village.2. Mr. V.B. Patel, the learned Counsel for the petitioner-Company has raised the two following contentions against this award:(a) The reference of the industrial dispute itself was barred in view of the settlement in Complaint Nos. 50 to 78 of 1975 and the consequent consent award in terms thereof passed on 11-12-1975; and(b) the demand for such compensation for loss on accou...
Tag this Judgment!N.R. Joshi Vs. State and ors.
Court: Gujarat
Decided on: Nov-25-1983
Reported in: (1984)1GLR146
S.A. Shah, J.1. This is a case of a petitioner - a retired primary school teacher - making representation to various authorities for the fixation of his pension and payment of gratuity and a unique example of utter disregard and callousness of the authorities concerned so much so that when the petition was filed in September, 1977 (the petitioner was 68 years of age) even in November 1983 none of the respondents has cared to file an affidavit-in-reply or to show any reason for non-payment of gratuity and fixation of pension for a period of about 18 years. I have asked the learned Counsel for the State Government to produce the file of the petitioner and to show me the reasons as to why his pension case has not been finalised and gratuity not paid to him. The learned Government Pleader says that he has not got the original file nor any material to show reasons. Unfortunately the Government Solicitors, though filed their appearance, are not present. In this view of the matter there is no...
Tag this Judgment!State of Gujarat and anr. Vs. Sarabhai Chimanlal Sheth and Co.
Court: Gujarat
Decided on: Nov-24-1983
Reported in: (1984)2GLR793; (1984)IILLJ334Guj
Gheewala, J. 1. (His Lordship after stating the fact of the case Further observed) *** *** *** 9. In a case reported at [1974-I LLJ 489] (Gammon India Ltd. v. Union of India), where the vires of the Contract Labour (Regulation and Abolition) Act, 1970 were challenged, the Supreme Court had an occasion to consider the expression 'workman' of an 'establishment'. In para 19 of the judgment, the Supreme Court has observed as under : 'The expression 'work of an establishment' means the work site where the construction work of the establishment is carried on by the petitioners of employing contract labour Every clause of a statute is to be construed with reference to the context and other provisions of the Act to make a consistent and harmonious meaning of the statute relating to the subject-matter. The interpretation of the words will be by looking at the context, the collection of the words and the object of the words relating to the matters. The words are not to be viewed detached from t...
Tag this Judgment!Mohatta Brothers Vs. Commissioner of Income-tax, Gujarat, Ahmedabad
Court: Gujarat
Decided on: Nov-23-1983
Reported in: [1985]153ITR247(Guj)
Mehta, J. 1. We are concerned with the assessment year 1970-71 and the accounting period corresponding to the assessment year in question ended on June 30, 1969. The assessee-firm consisted of six partners including one Shri Shivratan G. Mohatta, who died on April 8, 1969. In other words, Shri Shivratan G. Mohatta died about 2 1/2 months before the close of the accounting year. The firm was granted registration in the earlier assessment years. It appears that the surviving five partner claimed the benefit of the continuity of registration granted in the earlier assessment years by filing the prescribed form a required under. 184(7) of the I.T. Act, 1961, (hereinafter referred to as 'the Act of 1961'), read with rule 24 of the I.T. Rules, 1962 (hereinafter referred to as 'the Rules'), for the period till the date of death of the said Shri Shivratan G. Mohatta. It was common ground that no fresh deed of partnership had been executed on the demise of the said partner and no application fo...
Tag this Judgment!G.S. Shambhani Vs. State Bank of India, Ahmedabad
Court: Gujarat
Decided on: Nov-23-1983
Reported in: (1984)2GLR870; (1984)IILLJ322Guj
1. What is 'moral turpitude', what are the factors which may be taken into consideration while deciding as to whether a particular offence involves moral turpitude or not Whether the provisions of Art. 311 of the Constitution are applicable to an employee of a nationalised bank which is 'State' within the meaning of Art. 12 of the Constitution Is the provision of Rule 50(7) of State Bank of India (Supervising Staff) Service Rules (1977) illegal and void These are some of the questions raised by the petitioner who was an employee of a nationalised bank and who has been discharged from service on the ground that he was involved and convicted for offences involving 'moral turpitude'. 2. The petitioner was serving as an Officer Gr. II with the State Bank of India, respondent herein. He has been discharged from service by order dated September 7, 1981 (Annexure 'E' to the petition). He has challenged the legality and validity of the said order on the following grounds : (1) That in the show...
Tag this Judgment!H.R. Tindwani Vs. Manager, Reserve Bank of India, Ahmedabad
Court: Gujarat
Decided on: Nov-22-1983
Reported in: (1984)1GLR383; (1984)IILLJ375Guj
Qureshi, J. 1. The petitioner herein had sought employment with the respondent-Bank as a Clerk Grade II/Coin/Note/Examiner by his application dated 22nd December, 1978 in response to the advertisement given by the respondent-Bank in December, 1978. The petitioner was asked to appear for a written examination in June, 1979 and was given personal interview in November, 1979. The petitioner was directed to appear for his medical examination in August, 1981 and again in December 1981. Initially there were some doubts about the physical fitness of the petitioner, but subsequently all the doubts were removed and was medically cleared for employment in the aforesaid service. The respondent Bank had prepared a select list in which the name of the petitioner appeared and he was among those who were to be sent for training at Bombay beginning from 7th February, 1983. 2. On 2nd February, 1983 the petitioner went personally to the respondent-Bank where the petitioner is said to have behaved in an ...
Tag this Judgment!Somiben Mathurbai Vasava Vs. Lalji Hakku Parmar Leather Works Company
Court: Gujarat
Decided on: Nov-22-1983
Reported in: (1984)1GLR388; (1984)IILLJ381Guj
R.A. Mehta, J. 1. This petition arises from dismissal of a Recovery Application claiming payment of minimum wages. The petitioner and several other workmen of the respondent employer, had filed Recovery Applications under S. 33C of the Industrial Disputes Act claiming payment of special allowance fixed by a notification (Ann. A to the petition) under the Minimum Wages Act for the scheduled industry of the respondent-employer. The petitioner claimed recovery of an amount of Rs. 2,246.20 ps. being the difference of amount between the wages actually paid and payable under the notification under Minimum Wages Act for the period from 1st January, 1977 to 31st May, 1978. There were several other recovery applications and it appears that a joint parishes had been given by the parties that whatever order is made in the present proceedings, would be implemented in other recovery applications also. 2. The learned counsel for the respondent faintly raised a contention that the notification is app...
Tag this Judgment!Jadavben and Nagjibhai Ijwala Educational and Charitable Trust Vs. Sta ...
Court: Gujarat
Decided on: Nov-18-1983
Reported in: (1984)1GLR616
S.A. Shah, J.1. The petitioner herein is a secondary school registered under the provisions of the Gujarat Secondary Education Act, 1972. It is also registered under the Bombay Public Trust Act, 1950. The petitioner challenges two orders, namely, (1) dated 4-11-1977 signed by the Section Officer, Education Department, Sachivalaya, Gandhinagar, at Annexure-G which is addressed to the Secretary, Gujarat Secondary Education Board conveying that the appointment of respondent No. 3, D.T. Chaddarwala, to the post of Headmaster in the petitioner-school be sanctioned as a special case; and (2) order dated 14-11-1977 passed by the District Education Officer, Bharuch, directing the petitioner-school to continue respondent No. 3 as Headmaster and treat his appointment as valid from June 1976 and to pay him emoluments attached to the said post. The said order is produced at Annexure-F.2. The relevant facts which require consideration are as under: Respondent No. 3 who was appointed as an Assistant...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »