Judgment Search Results Home > Cases Phrase: coast guard act 1978 section 27 losing ship or aircraft Page 1 of about 4,315 results (0.540 seconds)

National Fertilizers Ltd. Vs. Shri Ashok Kumar Ahluwalia

Court : Delhi

..... were dropped by the competent authority on may 04, 2006. it appears that the reason was that the respondent was facing a criminal prosecution concerning the same acts of omission and commission alleged against him in respect of which departmental proceedings were initiated.3. as on the date of his superannuation the criminal proceedings were ..... in a disciplinary proceeding or judicial proceeding to have been guilty of offences/misconduct as mentioned in sub-section (6) of section 4 of the payment of gratuity act, 1972 or to have caused pecuniary loss to the company by misconduct or negligence, during his service including service rendered on deputation or on re-employment after ..... already come to an end; in which, the petitioner has been fully exonerated. 11. as per sub-section 1 of section 4 of the payment of gratuity act, 1972, gratuity is payable to an employee on termination of his employment if continuous service for not less than 5 years is rendered on superannuation, retirement or .....

Md. Abbas Mohideen Vs. Government of India Rep. by Secretary to Govern ...

Court : Chennai

Reported in : (2008)IILLJ587Mad

..... fault diagnosis thereby committed an offence under section 16 of coast guard act, 1978.d. showed total irresponsible and careless attitude in fault diagnosis and repair of defects affecting the ship's operational efficiency and delay in repair process ..... committed an offence under section 16 of coast guard act, 1978.c. grossly derelicted his duty by allowing the damage to get compounded on port d.a in overheated condition over a long period without proper ..... board d.a after ingress of sea water leading to deterioration of material state of starboard d.a thereby committed an offence under section 16 of coast guard act, 1978.b. knowingly concealed the vital information of sea water ingress in star board d.a from his commanding officer, administrative authority and repair agency thereby .....

The Special Officer Vs. the Joint Commissioner of Labour

Court : Chennai

..... in case there is an ascertainable loss caused to the society. the petitioner-society did not proceed against the workman with a vast power conferred under the act. after the workman had approached the authority, the petitioner-society cannot raise such issues and contend that the workman was not eligible for any gratuity. even after ..... 01.2011. the appellate authority dismissed the appeal filed by the petitioner-society, challenging an order passed by the second respondent (controlling authority under the payment of gratuity act), assistant commissioner of labour, trichy, made in p.g.no.1/2009. aggrieved by the order passed by the appellate authority, the writ petition came to be ..... over the rules framed by the coal india limited, holding company of respondent 1, known as the coal india executives' conduct, discipline and appeal rules, 1978 (for short the rules). indisputably, the appellant was governed by the rules. rule 27 provides for the nature of penalties including recovery from pay or .....

Md. Abbas Mohidden Vs. the Director General, Coast Guard and anr.

Court : Orissa

Reported in : 95(2003)CLT593

..... referred to as 'the act'). it is also stated that the director general of coast guard did not find any material in the representation of the petitioner to absolve him from the earlier ..... the coast guard court convened could not proceed with the trial, and in view of the fact that few of the officers constituting the court had been transferred out to different coast guard units, and the commanding officer of the petitioner having also changed, it was decided to dissolve the said coast guard court in exercise of the powers under section 66(3) of the coast guard act, 1978 (hereinafter .....

Kernan Vs. American Dredging Co.

Court : US Supreme Court

..... court today invokes these decisions to support its conclusion that a " non-negligence " action based on violation of this coast guard regulation lies under the jones act. its reasons for this conclusion are that the jones act "incorporates the provisions of the fela," and "expressly provides for seamen the cause of action -- and consequently the entire ..... of seamen, or even to afford additional rights to seamen, can be discerned either in the terms of the statute authorizing this coast guard regulation or in its relationship with the jones act. it is abundantly clear from the face of the regulation, and its setting, that its purpose was simply to prevent collisions, ..... been ignited had the lamp been carried at the height of eight feet required by coast guard regulations. there was no collision or fault of navigation. held: under the jones act, which incorporates the provisions of the federal employers' liability act, the seaman's employer was liable, without a showing of negligence, for his .....

Shri Mashkoor Ahmad Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2009(93)DRJ310

..... a disciplinary proceedings or judicial proceeding to have been guilty of offences/misconduct as mentioned in sub-section (6) of section 4 of the payment of gratuity act, 1972 or to have caused pecuniary loss to the company by misconduct or negligence, during his service including service rendered on deputation or on re-employment after ..... parties.13. the petitioner has cited a good number of authorities in support of his plea that the disciplinary authority in passing an order of punishment is acting as a quasi judicial authority and must give a speaking order disclosing application of mind. there is no quarrel with this proposition. as mentioned above, ..... 5(x) of national small industries corporation limited (control and appeal) rules, 1968 read with sub-section (6) of section 4 of the payment of gratuity act hereby orders imposition of above said penalty on shri mashkoor ahmad, chairman-cum-managing director(retd.), national small industries corporation limited.a copy of this order may be .....

Gopalakrishna Vs. Karnataka Soaps and Detergents Ltd.

Court : Karnataka

Reported in : ILR1995KAR2929

..... provision unrelated to the same which made the respondents' refusal patently illegal and improper.4. the obligation to pay gratuity is created by section 4(i) of the act which provides that, gratuity shall be payable to an employee on the termination of his employment after he has rendered service for not less than 5 years, on his ..... disease. sub-section 6 to section 4 starts with a non-obstinate clause and provides that the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of property belonging to the employer shall be forfeited to the extent of the damage or ..... further provides that gratuity payable to an employee shall be wholly forfeited if the service of such employee has been terminated for his riotous or disorderly conduct or any other act of violence on his part.5. a conjoint reading of sub-sections (1) & (6) of section 4 shows that the same themselves provide for forfeiture of gratuity .....

Bank of India and ors. Vs. O.P. Swaranakar Etc.

Court : Supreme Court of India

Reported in : AIR2003SC858; 2003(3)ALLMR(SC)356; 2003(1)AWC798(SC); JT2002(10)SC436; (2003)ILLJ819SC; (2003)2SCC721; [2002]SUPP5SCR438; 2003(1)LC225(SC); (2003)1UPLBEC594

..... those state government aided higher secondary schools which are working under any local body or any non administrative management within the ambit of salary disbursement act, 1971 on 30th june, 1978 of thereafter and who will give their option in favour of retirement at the page of 58 years, within six months of the publication ..... at its aforementioned finding, the high court, inter alia, relied on the following decisions of this court in union of india and ors. v. gopal chandra mishra and ors. : (1978)illj492sc , balram gupta v. union of india and anr. : (1987)iillj541sc , punjab national bank v. p.k. mittal : (1989)illj368sc , union of india and anr ..... regulation.'37. pursuant to or in furtherance of the power conferred upon the 'bank' under clause (f) of sub-section (2) of section 19 of 1970 act, the punjab national bank (employees') pension regulation, 1995 was framed; the relevant provisions being regulations 28 and 29 thereof read thus:-'28. superannuation pension superannuation pension .....

Divisional Personnel Officer, Northern Railway Vs. Ramchandra

Court : Rajasthan

Reported in : 1973(6)WLN892

..... superior officers of the railway administration were only competent to allow emoluments to the employee at a level of 40 percent of the pay he was getting as guard. the authority under the act has hot been empowered under section 15 to make any such direction to those superior officers, the railway is responsible to pay to the nonpetitioner only such ..... the determination by the authority that he should have been granted emoluments at 40 percent of his previous pay as guard. in that view of the matter i have come to the conclusion that the authority under the payment of wages act had no jurisdiction in the present case to give a direction to the officers of the railway to pay ..... to the employee the emoluments at 40 percent of his previous way, as guard, in other words the order dated 1-7-1965 in application no. 42 .....

Maharashtra State Electricity Board Vs. Maharashtra Electricity Regula ...

Court : Mumbai

Reported in : AIR2003Bom398; 2003(5)BomCR206; 2003(3)MhLj84

..... legislature as well as the supreme court of india. he referred to the decision in hyderabad vanaspati ltd. v. andhra pradesh state electricity board, air 1978 sc 1715, where the supreme court has held, inter alia, that terms and conditions of supply are akin to subordinate legislation and are statutory in character ..... jurisdiction to decide the questions relating to the terms and conditions of supply. 10. we are unable to accept the submissions of mr. diwan. erc act confers exclusive jurisdiction on the state regulatory commission to determine the tariff for electricity. section 22(1) requires the commission to determine the tariff for electricity ..... supply are conducted on commercial principles; (g) national power plans formulated by the central government. (3) the state commission, while determining the tariff under this act, shall not show undue preference to any consumer of electricity, but may differentiate according to the consumer's load factor, power factor, total consumption of energy .....