Court : Rajasthan
Reported in : II(2003)ACC244; 2004ACJ1586; RLW2003(3)Raj2071; 2003(1)WLC468; 2003(1)WLN41
..... realisation.32. keeping in view the law propounded by the hon'ble supreme court, in the instant case, proper computation of compensation is to be made. the deceased was on a stable job as he was a permanent employee of the state of rajasthan having future prospects. thus, taking into account future prospects of the deceased, his monthly income can ..... in the accident. thus, the claims tribunal had followed summary procedure as it though fit in holding inquiry under section 168 of the act and made an award determining the amount of compensation specifying persons to whom compensation shall be paid and also specified the amount which shall be paid by the insurer, owner or driver as the case may be. ..... under section ii-i(i) in respect of any one accident:such amount as in necessary to meet the requirements of the motor vehicles act, 1939.(b) limits of the amount of the company's liability under section ii-i(ii)_ in respect of any one claim or series of claims arising out of one event: rs. 50,000 .....
Tag this Judgment!Court : Rajasthan
Reported in : (1994)IILLJ770Raj
..... -483) :'termination... for any reason whatsoever' are the key words. whatever the reason, every termination spells retrenchment. so the sole question is, has the employee's service been terminated? verbal approval apart, the substance is decisive. a termination takes place where a term expires either by the active step of the master or ..... them are deal with the topic 'retrenchment' of workmen. while section 25f confers certain special rights such as entitlement to notice and payment of retrenchment compensation on workmen who had been in continuous service for not less than one year. section 25g is a general provision covering all cases of retrenchment ..... and those expressly excluded by the definition. evidently, the legislature has deliberately given wide connotation to the term retrenchment in section 2(oo) of the act. the legislature intentionally excluded only certain categories of termination of service from the scope of the definition of the term retrenchment. therefore, in all cases .....
Tag this Judgment!Court : Rajasthan
Reported in : (1994)IILLJ855Raj; 1993(3)WLC551
..... on that premise, the petitioner has made a prayer that the respondents be directed not to retrench him and to recognize the petitioner as a semi-permanent employee under the industrial: disputes act. a further prayer has been made for quashing of the verbal order of retrenchment.2. a reply to the writ petition has been filed by the respondents ..... a separate and independent unit for the purposes of rule 4 of the rajasthan p.w.d.(b&r;), including gardens, irrigation, water works and ayurvedic departments work charge employees service rules, 1964.reiterating that the petitioner has himself stopped coming to work from august 1, 1988, the respondents have asserted that it cannot be treated as a ..... 25f, he has to show by specific pleadings that he is a workman under section 2(s) of the 1947 act; that he has been in continuous service for a period of one year; that no notice or pay in lieu thereof and retrenchment compensation have been given to him as required by section 25f(a) and (b) of the .....
Tag this Judgment!Court : Rajasthan
Reported in : (2001)166CTR(Raj)383; [2001]251ITR587(Raj); 2001(4)WLC234; 2001(2)WLN507
..... chapter via on the issue of deduction of any amount which is to be allowed under chapter via. thus the decision rendered in shree engineer's case without reference to relevant provisions of the act merely by reference to vishnu oi! mills case was per incuriam anrj cannot be taken as a binding precedent and does not assist revenue in ..... of income of that source to which the deduction applies is to be computed in accordance with the provisions of this act before making any deduction in this chapter' (chapter via). thus, the definition of gross tolai.income u/s. 80b(5) envisages computation of gross total income for the purpose of chapter vl-a before making any deduction ..... contacts under chapter vi-a of the income tax act, 1961 (for short the act of 1961') the assessing officer while upholding the claim of the assessee that he is entitled to claim relief under section 801 as well as under section 80hh, allowed the deduction, firstly u/s. 80hh and then u/s. 801. in doing so, the computation of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj24
..... in section 43 for issuing directions regarding the grant of permits for alternative routes to the displaced operators as a measure to compensate them under the provisions of section 68-g of the act, there could not be any dispute that the function of the regional transport authority in granting the permit was quasi-judicial as ..... directions issued by the government under section 48(1) (iii) of the act to compensate the displaced operators from the nationalised routes, then the act of the regional transport authority of granting permits under these circumstances is purely a ministerial or an administrative act. he also contended that for the grant of permit under a scheme of ..... 11 raj 1037 = (air 1962 raj. 174). 21. this court in abdul gafoor's case, ilr (1961) 11 raj 1037 :(air 1962 raj 174) while dealing with the question as to how a dislodged operator can be compensated under chapter iv-a of the act, made the following observations: 'there appears to be, however, a more suitable method .....
Tag this Judgment!Court : Rajasthan
Reported in : [1995(71)FLR551]; (1995)IILLJ1064Raj; 1995(2)WLC1; 1995(1)WLN300
..... in case of lay off the employer has to give atleast 60 days' notice before the date on which intended closure is to become effective. section 25fff prescribes compensation to workmen in case of closing down of under-takings. section 25g deals with the procedure for retrenchment and section 25h deals with re-employment of retrenched workmen. ..... or in which work is performed only intermittently. section 25b defines the meaning of 'continuous service'. section 25c deals with the right of workmen laid off for compensation. section 25d deals with the duty cast on the employer to maintain muster rolls of workmen. section 25e mentions the circumstances or the contingencies in which the workman ..... (bb), 2(j), 2(s) and 25f of the act. (4) whether the provision 'cessation of work which is not due to any fault on the part of the workman' as provided in section 25(1) of the act can be interpreted to mean interruption caused by employer by not offering work to the employee or it only covers cases .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj350
..... an existing institution under the grant-in-aid rules in force at the commencement of the act, shall not be varied to the disadvantage of such an employee.36. in g.n. tandon's case (supra) the court proceeded on the ground that by virtue of the agreement entered into between the management of the college and the teacher a vested ..... right accrued to latter to remain in service till attaining the age of 60 years and section 16 of the act, 1989 protected that ..... made ordinarily resides or carries on business or personally works for gain and shall be executed as such by such civil court.107. section 28 of the act, 1989 lays down that every employee of a recognized institution shall be governed by the code of conduct as may be prescribed and on the violation by him of any provision of such .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj33; (1967)ILLJ270Raj
..... awards given by the industrial tribunal, ra.jasthan, jaipur, holding that the termination of the services of sangh's employees; shri ram swarup mathur in the one case and shri jata shankar in the other, were illegal and unjustified and in consequence awarding compensation to both of them, though their reinstatement was not ordered the government made two identical references to the industrial ..... dispute between a co-operative society which is engaged in an industry and its workmen.apart from everything the opening words of section 61 of the rajasthan co-operative societies act, 1953, set out above, and particularly the words occurring within brackets in that section exclude disputes relating to disciplinary action taken by the society. the present is a case where .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj265; 1969()WLN326
..... employees employed in an employment specified in parts i and ii of the schedule of that act. a procedure has also been provided therein for the appropriate government to arrive at the minimum wages to be fixed thereunder.9. section 20 of this act provides: '(1) the appropriate government may, by notification in the official gazette appoint any commissioner for workmen's compensation ..... the minimum wages fixed by the government.mr. gupta argued that according to this notification the wages of the employees of the petitioner calculated at the rates fixed under the minimum wages act became payable to them from the date the said notification was issued by the government and if the employer ( ..... inspector in this particular case falls in the latter category. by making such a claim before an authority under the act the inspector virtually wants the authority first to adjudicate that the employees were entitled to get the minimum wages and then to pass an order for the payment of such potential wages .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj36
..... balance of the goodwill money then outstanding as shown in its books together with an additional sum calculated at 10% of such valuation as compensation for compulsory acquisition.'16. the indian contract act does not define the word 'goodwill' but in its legal sense the word 'goodwill' means every affirmative advantage as contrasted with negative ..... -shell petrol and motor and lubricating oils, kerosene oils, shell-tax grease diesel oils, automobiles, spare parts dunlop tyres and tubes batteries and simp-son's charcoal gas producer plants and also all other business which at present is being carried by the said bundi petrol and automobile supply agency and in consideration ..... grant of monopoly rights. mr. bhargava went a step further and submitted that the state was estopped from challenging the position stated in the aforesaid chairman's report. all that we need mention is that the report of the chairman of the board of directors referred to above undoubtedly supports the stand taken by .....
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