Judgment Search Results Home > Cases Phrase: employment exchanges compulsory notification of vacancies act 1959 Page 7 of about 335 results (0.084 seconds)

Central Tasar Research and Training Institute and ors. Vs. State of Bi ...

Court : Patna

..... on 28.3.1988, the employment officer, enforcement machinery, filed a complaint against the said four accused persons alleging, inter alia, that during the course of inspection it was found that the accused persons had failed to furnish quarterly returns ending december, 1996, march, 1987 and june, 1987 and september, 1987 which was in contravention of section 5(1) of the employment exchange (compulsory notification of vacancies) act 1959. ..... that these persons (names have been given in complaint) were appointed on 2.11.1987 without notifying any vacancy of that post to the local employment exchange or central employment exchange which is also in contravention ofsub-section (1) of section 4 of the said act as well as other rules of the employment exchange (compulsory notification of vacancies) rules, 1960. ..... 1987 without notifying the vacancy to the employment exchange in utter violation of the act and the rules. ..... , shows that without the order of the board those persons were appointed, rather the allegation is that without notifying the vacancies to the local employment exchange or central employment exchange he said posts were filled up. ..... continues, the complaint petition does disclose offence against the petitioners and as such, the same cannot be quashed at this stage and the point as to whether the petitioners' work employment or the central silk board was required to issue advertisement, is a question of fact which can be gone into by the trial court at an appropriate stage.7. .....

Patel Nanjibhai Manabhai and ors. Vs. District Development Officer and ...

Court : Gujarat

Reported in : (1992)2GLR900

..... we, therefore consider that insistance of recruitment through employment exchanges advances rather than restricts the rights guaranteed by articles 14 and 16 of the constitution.the aforesaid observations are to be read in the context of challenge to the provisions of employment exchanges (compulsory notification of vacancies) act, 1959, as well as to the government instructions issued for time to time. ..... the question which came up for consideration before the supreme court was as to whether an establishment in the public sector as defined in the employment exchanges (compulsory notification of vacancies) act, 1959 may make appointments to post to which the act applies, of persons not sponsored by the employment exchanges? ..... government organizations and statutory bodies should adhear to the rule that not merely vacancies should be notified to the employment exchanges, but the vacancies should also be filled by candidate sponsored by the employment exchanges. ..... para 29.1 of the said circular provides that when vacancies in class iii & iv posts are to be filed in from persons belonging to backward classes, the names of candidates of scheduled castes and scheduled tribes and other backward classes should be called for from:(1) for post of class iii from the office or director, social welfare gujarat state, gandhinagar(2) from office of social welfare officers of each district(3) from office of employment exchange(4) direct applicants para 29.2 of the circular prescribes .....

J. Bhasker Vs. Chairman, Agriculture Marketing Committee, Ghanpur and ...

Court : Andhra Pradesh

Reported in : 1994(1)ALT662

..... learned counsel for the petitioner that section 3 of the employment exchanges (compulsory notification of vacancies) act, 1959 (hereinafter referred to as 'the employment exchange act') exempts the posts of attender and the like from the purview of the employment exchange act and as such, the proviso to rule 178 of a. ..... though there is no mandate under the employment exchange act on the part of the agricultural market committees to notify the vacancies of attenders to the employment exchange, concerned, the agricultural market committees are not precluded from choosing the candidates only through the media of employment exchange and more so, in view of rule ..... is valid and the agricultural market committees can consider the candidates for all posts including that of attenders only by notifying the vacancies to the employment exchange and drawing a list from it. 4. ..... counsel for the respondents strenuously contends that the above rule sustains as the employment exchange act is an enabling one and even though he post of attender is not specifically covered by the said act, nothing prevents the authorities from adopting a particular course i.e. ..... same from the case like the instant one on the ground that by virtue of rule making power under section 33 of the above act, rules were framed titled 'andhra pradesh agricultural (produce and livestock) makes it mandatory on the part of the respondents to consider for recruitment only of such persons who are sponsored by the employment exchange. .....

Jayesh Dayaram Bhoir and Another Vs. State of Maharashtra and Others

Court : Mumbai

..... the employment exchanges (compulsory notification of vacancies) act, 1959 was enacted to ensure equal opportunity for employment seekers. ..... though this act may not oblige an employer to employ only those persons who have been sponsored by employment exchanges, it places an obligation on the employer to notify the vacancies that may arise in the various departments and for filling up of those vacancies, based on a procedure ..... , no advertisement was issued in a newspaper nor was the employment exchange notified as regards existence of vacancies. ..... once this right of the government is recognized and the mandate of the constitutional requirement for public employment is respected, there cannot be much difficulty in coming to the conclusion that it is ordinarily not proper for courts whether acting under article 226 of the constitution or under article 32 of the constitution, to direct absorption in permanent employment of those who have been engaged without following a due process of selection as envisaged by the constitutional scheme." ..... mandate of section 54 and the method of appointment as provided under chapter iii schedule d of the bpmc act, 1949, and further without following the law laid down by the supreme court and well established procedure evolved through the various judgments of the supreme court on subject that, the regular appointments in the public employment can only be by way of advertising the posts and in consonance with the relevant provisions and procedure prescribed .....

R. Venkataraman (deceased) and Others Vs. The Government of Tamil Nadu ...

Court : Chennai

..... employment exchanges (compulsory notification of vacancies) act, 1959 was enacted to ensure equal opportunity for ..... this act may not oblige an employer to employ only those persons who have been sponsored by employment exchanges, it places an obligation on the employer to notify the vacancies that may arise in the various departments and for filling up of those vacancies, ..... permanently. ........ once this right of the government is recognised and the mandate of the constitutional requirement for public employment is respected, there cannot be much difficulty in coming to the conclusion that it is ordinarily not proper for the courts whether acting under article 226 of the constitution or under article 32 of the constitution, to direct absorption in permanent employment of those who have been engaged without following a due process of selection as envisaged by the constitutional ..... . in spite of this scheme, there may be occasions when the sovereign state or its instrumentalities will have to employ persons, in posts which are temporary, on daily wages, as additional hands or taking them in without following the required procedure, to discharge the duties in respect of the posts that are sanctioned and that ..... 226 of the constitution are intended to be used for a purpose certain to defeat the concept of social justice and equal opportunity for all, subject to affirmative action in the matter of public employment as recognised by our constitution, has to be seriously pondered over .....

C.V. Raman Vs. Management of Bank of India and anr.

Court : Supreme Court of India

Reported in : AIR1988SC1369; [1988]64CompCas358(SC); JT1988(2)SC167; (1988)IILLJ423aSC; (1988)3SCC105; [1988]3SCR662; 1988(2)LC10(SC)

..... the question arose as to whether establishments in public sector were covered by the provisions of the employment exchange (compulsory notification of vacancies) act, 1959. ..... in the writ petition by the appellant was that it being an establishment under the central government within the meaning of section 64(1)(b) of the andhra pradesh shops act the provisions of that act including the provisions of appeal were not applicable to it in view of the exemption contained in this behalf and consequently the orders passed in the appeals by the ..... provides that the reserve bank together with such other persons as may from time to time become shareholders in the state bank in accordance with the provisions of this act, shall, so long as they are shareholders in the state bank, constitute a body corporate with perpetual succession and a common seal under the name of the ..... central government we do not find it necessary to consider the question as to whether these banks are establishments which not being factories within the meaning of the factories act, 1948 are, in respect of matters dealt with in the tamil nadu shops act governed by a separate law far the time being in force in the state so as to be entitled to claim exemption under clause (f) of sub-section (1) ..... of india made an application under section 51 of the tamil nadu shops act before the commissioner of labour with a request to hold that all the provisions of that act would apply to them as persons employed in the state bank of india. .....

K.P. Jaganathan Vs. the Commissioner, Dept. of Employment and Training ...

Court : Chennai

..... in order to provide for compulsory notification of vacancies to employment exchange, the parliament enacted the employment exchange (compulsory notification of vacancies) act, 1959. ..... ) for ensuring that equality of opportunity in matters relating to employment becomes a reality for all, parliament enacted the employment exchanges (compulsory notification of vacancies) act, 1959 (for short `the 1959 act'). ..... had issued the employment exchanges (compulsory notification of vacancies) rules, 1960. ..... the earlier view of the hon'ble supreme court was that in view of the provisions of employment exchanges (compulsory motification of vacancies) act 1959, the appointment through employment exchange could not be said to be illegal or violative of constitutional provisions of law. ..... the act does not even prescribe as to what the employment exchanges are supposed to do with the notification of vacancies made to them by employers. ..... above noted three judgments is that in terms of section 4 of the 1959 act, every public employer is duty bound to notify the vacancies to the concerned employment exchange so as to enable it to sponsor the names of eligible candidates and also advertise the same in the newspapers having wider circulation, employment news bulletins, get announcement made on radio and television and consider all eligible candidates whose names may be forwarded by the concerned employment exchange and/or who may apply pursuant to the advertisement published in the .....

Parmeshwar Lal Vs. the State of Rajasthan and 14 ors.

Court : Rajasthan

Reported in : 1981WLN178

..... the schome of the employment exchange (compulsory notification of vacancies) act, 1959 appears to be that the unemployed persons should get their names registered with an employment exchange so that an opportunity was available to them in a public or private sector as the case may be and not that the whole law of master and servant, be put at naught and that an employer forced to recruit only the persons coming though the employer exchange no matter whether he is fit for the job or not, nor is any appointment made without complying with the ..... the state of punjab (supra), observed as under:held, sub-section (1) of section 4 of the employment exchange (compulsory notification of vacancies) act, 1959 is mandatory in terms that it makes it obligatory for an employer in every public sector to notify to the employment as may be prescribed the vacancy or vacancies sought to be filled up. ..... sub-section (1) of section 4 leaves no room for doubt that the obligation in case on the employer that he must recruit the person sponsored by the employment exchange simply because the vacancy had been notified to the latter under sub-section (1) of sub-section (2) or section 4 of the employment exchange (compulsory notification of vacancies) act, 1959. .....

Lal Bahadur Son of Raj Bali Vs. State of U.P. Through Secretary, Depar ...

Court : Allahabad

Reported in : 2007(3)AWC2576; [2008(118)FLR921]

..... the notification of vacancies to employment exchange under rule 5(1)(iii) is consistent with and to satisfy the legal requirement of such compulsory notification of vacancies to the employment exchange pursuant to 'employment exchanges (compulsory notification of vacancies) act 1959 (hereinafter referred to as 'the 1959 act'), which envisages such notification compulsory by virtue of section 4 thereof which reads as under:4. ..... therefore, in view of section 4 of the 1959 act read with rule 5(1) (3) of 2002 rules as amended in 2003, in my view the notification of vacancies to the employment exchange is mandatory and non-compliance thereof would render selection illegal and contrary to the provisions of the rules. ..... (2) the appropriate government may, by notification in the official gazette, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class of category of establishments in private sector, shall before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed, and the employer shall thereupon comply with such requisition. ..... notification of vacancies to employment exchanges. .....

V. Sathiyanathan Vs. Director of Approved Section and Vigilance Servic ...

Court : Chennai

Reported in : (1995)1MLJ215

..... (1987)illj545sc , while considering the object of the employment exchanges (compulsory notification of vacancies) act, 1959 observed that the main object of that act was to notify the vacancies to which the act applies and observed as follows:it is evident that there is no provision in the act which obliges an employer to make appointments through the agency of the employment exchanges. ..... 24.6.1981.it is contended by the learned counsel for the petitioner that the employment exchange (compulsory notification of vacancies) act, 1959 (hereinafter referred to as the act) will not get attracted to unskilled office worker. ..... of the above definition, it is clear that unskilled office workers, such as jemadar, orderly and peons do not come under the purview of the employment exchanges (compulsory notification of vacancies) act, 1959.6. ..... order, so far it relates to the unskilled workers are concerned, is not in accordance with the employment exchanges (compulsory notification of vacancies) act and to that extent not binding and the second respondent is free to recruit and give employment to relations of retired employees not sponsored by the employment exchanges.8. ..... institutions should recruit its personnel only through employment exchanges by way of notifying the vacancies to the concerned employment exchange in the manner and forms prescribed under the employment exchange (compulsory notification of vacancies) rules, 1960 and resort to any other form of recruitment like advertisement .....