Judgment Search Results Home > Cases Phrase: employee s compensation act 1923 chapter 1 preliminary Court: chennai Page 98 of about 2,033 results (0.354 seconds)

Merla Jagannayakulu Vs. the Presiding Officer, Labour Court, Madras an ...

Court : Chennai

Reported in : AIR1965Mad219; (1965)1MLJ320

..... been retrenched from the service of the fifth respondent of which the petitioner was a partner applied to the labour court, madras under s. 33-c(2) of the industrial disputes act, for computation of the benefits of retrenchment compensation, notice pay and arrears of wages. the fifth respondent was a firm of partnership constituted on or about 25-9-1958. on ..... a finding that his termination of service was consequent upon the fact that he became a surplus, his claim did not fall within ch. va. he is no longer an employee of the firm; but he could have raised an industrial dispute on his non-employment. he is relying on his former contract of employment. he will have other remedies ..... may be appropriately tried, but once it is shown that the employer has dismissed or demoted him, a claim that the dismissal or demotion is unlawful and, therefore, the employee continues to be the workman of the employer and is entitled to be benefits due to him under a pre-existing contract, cannot be made under .....

General Manager, Southern Railway, Madras and Others Vs. Industrial Tr ...

Court : Chennai

Reported in : (1998)IMLJ121

..... that the period of contract has expired. the said termination was neither preceded by a notice nor the workmen were paid any compensation under secs. 25-f and 25-n of the industrial disputes act. on completion of 6 months service, the workmen are to be conferred with temporary status as contemplated under chapter 25 of the ..... tribunal, madras. by order dated december 10, 1991, the central administrative tribunal set aside the industrial tribunal's award dated november 3, 1989 in i.d. no. 52 of 1988 and gave a specific finding that an employer employee relationship existed in the present case and remitted the matter to the tribunal for fresh disposal. on such ..... 15, 1994, wherein the tribunal has passed the award holding that there exists the relationship of employer and employee between the management and the workmen and the termination of the service of the workmen mentioned in the reference, other than s. nos.7, 30, 35, 23, 24, 26, 27 and 29 is not justified and consequently directed .....

P.R. Ramachandran and ors. Vs. Tamil Nadu Water Supply and Drainage Bo ...

Court : Chennai

Reported in : [1996(73)FLR1548]; (1996)ILLJ823Mad; (1996)IMLJ415

..... ofindia, according to them, the impugned ordersare contrary to the provisions of section 25-f ofthe act, in as much as the mandatory conditionsprescribed under the said section, viz., givingone month's notice and payment of the compensation were not followed and the impugned orders are void at? initio. in as much as the'industrial ..... they cannot be terminated without a reasonable cause. even if the first respondent is entitled to advise his subordinate officers to terminate the services of the employees, so as to avoid giving the statutory benefits, it does not enable the subordinate officers, including the second respondent not to comply-with the other provisions ..... not only his/her livelihood but also career and livelihood of dependents. therefore, before taking any action putting an end to the tenure of an employee workman fair play requires that a reasonable opportunity to put forth his case is given and domestic inquiry conducted complying with the principles of natural justice...' .....

R. Bhaskar Vs. the Presiding Officer, Ist Additional Labour Court and ...

Court : Chennai

Reported in : (2007)IIILLJ907Mad

..... had worked for more than 240 days (i.e. 245 days), it should be held that the mandatory requirement of payment of retrenchment compensation under section 25-f of the i.d. act ought to have been complied with by the second respondent-management on the date of his termination, namely 19.9.1987. the learned ..... the relevant period discloses that he had not satisfied the said statutory requirement, there was no statutory compulsion for the second respondent-management to pay the retrenchment compensation to the petitioner-workman on the date of his termination. the learned counsel appearing for the second respondent-management therefore contended that the conclusion of the ..... of the central act are reproduced hereinbelow:6-n. conditions precedent to retrenchment of workmen -- no workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until --(a) the workman has been given one month's notice in writing .....

E.Mohan Vs. the Presiding Officer and anr.

Court : Chennai

..... conclude that both the proceedings cannot simultaneously be proceeded with or acquittal of an accused in a criminal trial would necessarily result in exoneration of a workman/employee in departmental proceedings.20. the supreme court consistently held that acquittal in criminal case would be no bar for drawing up the disciplinary proceeding against the delinquent ..... punishment. in the absence of any such factor existing, the labour court cannot by way of sympathy alone exercise the power under section 11-a of the act and reduce the punishment. ...."19. it is fairly well settled that criminal prosecution and departmental proceedings are different, distinct and independent and decision in one does ..... for the misconduct committed by him viz., on 29.09.1993 at about 8.45 a.m. some unknown persons were unauthorisedly loading dunite from company's mines into lorry bearing registration no.tn-09 3850 from mt block area and when the senior security sergeant rushed to the spot, petitioner who was .....

The University of Madras by the Registrar Vs. Shantha Bai and anr.

Court : Chennai

Reported in : AIR1954Mad67; (1953)IIMLJ287

..... of this kind arose in -- 'people ex rel tinkoff v. north western university', (1948) 93 law ed. 383 (j). the north western university was incorporated by an act of the legislature of the state of illinots in january 1851. it was not maintained by the state, though it received aid from the state. vide the decision in -- 'north ..... prohibited. individual invasion of individual rights is not the subject-matter of the amendment."it may be possible to hold different opinions as to whether in a particular case the act complained against is that of the state or of its instrumentalities or not as to which see -- 'united states of america v. classic', (1941) 85 law ed. ..... of law, or denies or takes away the equal protection of the laws, violates the constitutional inhibition; and as he acts in the name and for the state, and is clothed with the state's power his act is that of the state."the question has also been considered in america with special reference to universities. where the university .....

South Madras Electric Supply Corporation, Ltd. Vs. T.L. Jagannatha Aiy ...

Court : Chennai

Reported in : AIR1960Mad374; (1959)2MLJ446

..... question could not be tried by a civil court and that the only remedy open to the plaintiff was to go before the district magistrate for compensation as provided for under s. 12 of the electricity act. i am afraid i cannot agree with the contention of either mr. parasaran for the first defendant or the learned government pleader on behalf of the ..... . this gives power to the district magistrate or commissioner of police as the case may be, when making an order under sub-s. (2), to fix the amount of compensation or of annual rent, or of both, which should in his opinion be paid by the licensee to the owner or occupier. in this case when the district magistrate has ..... ) and no reference having been made at any stage by the licensee or anybody else who has interest in the carrying on of the high tension lines over the plaintiff's property, the question of fixing of compensation does not arise.when the order itself has not been made by the district magistrate or the commissioner the amount of .....

Fraser and Ross, Chartered Accountants Vs. Sambasiva Iyer and anr.

Court : Chennai

Reported in : AIR1969Mad134; [1968]68ITR279(Mad); (1968)ILLJ682Mad

..... this was rejected by the firm, and he instituted a proceeding in the labour court, claiming a sum of rs. 7,254/-, as retrenchment compensation and wages in lieu of one month's notice. the petitioner firm raised a preliminary objection to the maintainability of the petition, claiming that the firm did not constitute an 'industry', within ..... purpose of giving service to the patients which is the objective of the hospital. that is how the hospitals satisfy the test of cooperation between the employer and his employees'.8. in ahmedabad textile industry eesearch association v. state of bombay, : (1960)iillj720sc , the question arose whether an association for research maintained by the textile ..... between the employees working in a solicitor's office and their employer, the solicitor, could be attributed to the work of a single solicitor as much as to the work of the firm; and, therefore, if sri chari is right and if the firm of solicitors is held to be an industry under the act, the office .....

Samuel Stephen Richard Vs. Stella Richard

Court : Chennai

Reported in : AIR1955Mad451; 1955CriLJ1192

..... to live amicably. the husband has thereupon filed this petition for directing the respondent to deliver custody of the minor child priscilla under section 25, guardians and wards act.3. both sides adduced no evidence and the minor girl was produced in court by the mother. on my questioning the girl, who appeared to be intelligent, ..... of the person of a female: -- 'fuseehun v. khajo', 10 cal 15 (r); -- 'bhoocha v. elahi bux', 11 cal 574 (s); -- 'sohna v. khalak singh', 13 all 78 (t). in the present act there are no words confining the guardianship of the girls only to females. now any one can be appointed guardian provided it was necessary for ..... orderramaswami, j.1. this is a petition under section 25, guardians and wards act.2. the facts are: the petitioner samuel stephan richard married the respondent stella richard on 28-5-1941. both are protestant indian christians and the petitioner is an employee in the east asiatic company, madras, drawing a salary of rs. 75/- and clearness allowance .....

Sakthi Alias Thayammal Vs. Kuppathammal and anr.

Court : Chennai

Reported in : AIR1960Mad394; (1960)2MLJ89

..... no. 67 of 1953 on the file of the learned district judge of coimbatore, the present appellant (the property guardian of a minor sought, under s. 29 of the guardians and wards act (viii of 1890), for permission to sell 55 standard acres of lands belonging to the minor. the legal principles which are applicable to the matter ..... also, to what is surely more authoritative, paragraph 42 at page 197 of the 'second five year plan' (government of india 1956) giving the principles on which compensation is to be assessed in such matters.actually, the learned advocate general has conceded that though the land reform bill has not been introduced in madras state, drafts of ..... is a material of an objective and authoritative nature which would justify the court in considering the proposed land reform fixing a ceiling, and the probable trend of compensation, as reasonably certain.(8) the argument of the learned district judge that this is opposed to the spirit of the legislation and amounts to some kind of .....