Court : Central Administrative Tribunal CAT Ernakulam
..... under section 19 of the administrative tribunals act, 1985, seeking the following reliefs:- "a) for quashing the office memorandum annexure a-1 dated 23.07.2009 issued by the second respondent and the consequent annexure a-4 memorandum dated 12.11.2009 issued by he first respondent as illegal and void and b) for a direction to the respondent to include house rent allowance, city compensatory allowance, travelling allowance etc and all other admissible in conformity with section 59 of the factories act, 1948 for ..... that the action of the respondents in excluding certain allowances like hra, ta, sfa etc is arbitrary, illegal, unsustainable and it is contrary to the provisions contained under section 59(2) of the factories act 1948. 4. ..... factory act, 1948, an establishment where a process of manufacturing goes on is governed by factories act. ..... labour and employment has given clear instructions that allowances of compensatory nature like house rent allowance, transport allowance etc are to be excluded for the purpose of computing overtime allowance under the factories act 1948. ..... om the wages are remuneration for work, while the hra, ta etc are compensatory allowances and hence may not be taken into account for calculating overtime allowance (ota) under factories act 1948. ..... second respondent issued annexure a-1 impugned order dated 23.07.2009, which instructed the first respondent to exclude hra, ta and sfa for the purpose of computing the overtime allowance under the factories act, 1948. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... the applicant has challenged the above order and has now sought the following reliefs:- (i) to quash annexure a4 office memorandum rejecting the claim of the applicant for a similar treatment as that of his colleagues. ..... roy (air 1968 sc 850) this court accepted the factors laid down by the committee of chief secretaries which was constituted for settling the disputes regarding equation of posts arising out of the states reorganisation act, 1956, wherein the following four factors had been held to be determinative of the issue of equivalence of posts: 1. ..... in february 2002, the ministry of finance had issued an office memorandum stating that as the fifth central pay commission recommended uniform implementation of om dated 24th july 1990 (which was issued by the nodal ministry i.e. ..... the responsibilities and powers exercised by the officer holding a post, the extent of territorial or other charge held or responsibilities discharged; 3. ..... the directorate of social welfare and culture issued a circular to fill up the post of classifier and cataloguer on deputation from amongst librarians having 5 years of service in the government high school and the applicant was an aspirant for the post of cataloguer ..... it is certainly hoped that the respondents would take a dispassionate decision and act accordingly. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... this court evolved four principles which are quoted hereunder:(scc head note) "(i) canteens maintained under obligatory provisions of the factories act for the use of the employees become a part of the establishment and the workers employed in such canteens are employees ..... on merits, the tribunal taking into account the fact that dhobis are working for nearly 30 years in the defence establishment and yet are not covered by the provident funds act, 1925 and other government schemes issued the direction that the authorities of nda may prepare a scheme for appointment of dhobis on permanent basis and put them on a regular footing as permanent government ..... being in the hands of the unit canteen contractors, the margin between the wholesale price and retail price of goods went to the contractors whereas the amount in the hands of individual commanding officers of units in the army, navy and air force could be utilised for the welfare of the troops. ..... the canteen stores department, after independence from 1948 onwards, function as a department under the ministry of defence initially for 3 years on an experimental basis and later from 1950 has been working on ..... mahajan, under section 14(1)(a) of the administrative tribunals act, 1985, the central administrative tribunal on and from the appointed day exercises jurisdiction in relation to the recruitment, and matters concerning recruitment, to any all-india service or to any civil service of the union or ..... in view of section 14 of the .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... mr manik lal banerjee, respondent appearing in person, on the other hand, contended that section 2(e) of the 1972 act should be interpreted conjointly with section 2(f) defining "employment" and section 2(a)(i) defining "establishment" and so construed, it must be held that the same is applicable to the cases of railway ..... section 2(e) of the 1972 act defines "employee" to mean any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, and whether or not such ..... sharma and another (1998 [7] scc 221) in which it has been stated that in view of the over-riding provisions contained in section 14 of payment of gratuity act, the provisions for gratuity under the pension rules will have no effect. ..... counsel for the applicant argued that section 14 of payment of gratuity act enables the applicant to derive the benefit of gratuity under the said act and as per the act the applicant is entitled to the benefits as he does not come under any excluded category ..... in pritam singh having indisputably not taken into consideration, the exclusionary clause contained in section 2 (e) of the 1972 act cannot be held to be an authority for the proposition that despite the provisions of the 1993 rules, the1972 act would apply in the case of the railway servants. 19. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... krishna chandra mohanty, (1998) 4 scc 447 the apex court has held: "section 22(3) of the administrative tribunals act, 1985 confers on an administrative tribunal discharging its functions under the act, the same powers as are vested in a civil court under the code of civil procedure while trying a suit in respect, ..... counsel for the review applicants invited the attention of the tribunal to the following provisions of law: (a) sec 2 of kerala public services act, 1968 (act 19 of 1968) (b) kerala state and subordinate services rules, 1958 (c) kerala service rules (d) indian administrative service (appointment by selection) ..... unless in any case it be otherwise provided in these rules, an officer on substantive appointment to any permanent post acquires a lien on that post and ceases to hold any lien previously ..... -notwithstanding anything contained in chapter v a or in any other provision of the industrial disputes act, 19747 (central act 14 of 1947) or in any other law for the time being in force, or in any judgement, decree or order of any court, the appointment of any person to any public service or post in connection with the ..... (3) a tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely, - (a) to (e) * * * (f) reviewing its decisions; ..... rules for the kerala factories and boilers service, 1996 .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... kourav and others, air 1995 sc 1056, has held that the courts or tribunals are not appellate forums to decide on transfers of officers on administrative grounds and that they should not interfere unless they are vitiated either by malafides or by extraneous consideration without any factual background ..... as pointed out by the applicant, she has a legal duty and obligation to maintain and look after her father-in-law under section 4 of the maintenance and welfare of parents and senior citizens act, 2007. ..... transfer order in respect of the applicant violates the provisions of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, the maintenance and welfare of parents and senior citizens act, 2007, the transfer guidelines and the o.ms mentioned above. ..... transferring her from the regional passport office, ernakulam, to the regional passport office, bangalore, the applicant has filed this ..... the transfer of 4 superintendents from the regional passport office, cochin, including the applicant, was in connection with the implementation of the passport seva project and purely arising out of administrative ..... the promotees of regional passport offices are transferable as per zones prescribed in the transfer ..... applicant joined service in the year 1977 in the regional passport office, ernakulam. ..... had given an undertaking on 12.01.2009 at the time of her promotion as superintendent that she is ready to accept transfer to any passport office. .....
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..... is filed challenging the order rejecting the petition submitted by the applicant for change of enquiry officer and stay on departmental proceedings till the finalisation of a criminal case pending against her before the special court (s.b.e. ..... as submitted by the respondents, the applicant was charge sheeted under rule 14 of ccs (cca) rules, 1965, vide annexure a-2 on the charges of failure to act upon the responsibility enjoined upon her to ensure the correctness of the cash/stamp balance of the office by rule 84-a of the postal manual vol. ..... the enquiry in the departmental proceedings relates to the conduct of the delinquent officer and proof in that behalf is not as high as in an offence in criminal charge. ..... the enquiry in the departmental proceedings relates to the conduct of the delinquent officer and proof in that behalf is not as high as in an offence in criminal charge. ..... " "............the departmental proceedings relate to conduct or breach of duty of the delinquent officer to punish him for his misconduct defined under the relevant statutory rules or law. ..... just because the enquiring authority was transferred to the office of the disciplinary authority, the enquiring authority does not become biased against the applicant. ..... the applicant also is directed to co-operate with the enquiry officer to complete the enquiry within the above period. ..... act, 1988 and sections 409 and 477a ipc. ..... /c.b.i) - ii, ernakulam, under section 13(2) read with 13(1) (c) and section 13(1)(d) of the p.c. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... when the respondents refused to transmit their representations requesting reservation in the cadres of accountant, senior accountant and group-b section officer with retrospective effect from 20.11.1989, the date on which the government introduced reservation, to the candag, new delhi, they approached this tribunal by moving ..... (respondents before the high court) that such identification had already been made in 1986 and they were mentioned and incorporated in the subsequent orders issued by the government after the enforcement of the aforementioned act and thus, at least from the date of issuance of such orders, the applicants are entitled to get the benefit of reservation, felt that this is a matter which should be considered by the tribunal, having regard to ..... in pursuance of the decision of the central advisory committee meeting held on 20.3.84 a sub committee under the chairmanship of the joint secretary in the ministry of social welfare was set up by that ministry to review identification of jobs to analyse the identification done by the various ministries/departments...... 3. ..... thus, even when viewed from the angle that the orders on identification of posts issued by dopt after the enforcement of the pwd act would be made applicable to the office of the respondents, as no such orders were produced by the parties, and as the identification of post by the sub committee had not been made in respect of c and ag, and as the identification by c and ag has been in accordance with .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... the transfer order was legal and justified and even though the applicant did not act according to the directions and violated the orders issued by the competent authority, the appellate authority on a sympathetyic consideration of his case, cancelled his transfer order and it was also decided that the period of absence ..... the non joining of the applicant at the mumbai office even after the dismissal of his case by the high court was on account of the fact that the appeal preferred by him before the administrative authorities, on getting the actual fact through rti, was still ..... the applicant, however, joined the mumbai office on 29-04-2011 in view of his impending date of superannuation on 30-04-2011. ..... counsel for the respondents has submitted that the applicant has been on unauthorized absence ever since he was relieved of his duties on his transfer to mumbai and cancellation of his transfer order was purely an act arising out of sympathetic consideration of the appeal by the first respondent. ..... during the pendency of the said writ petition, he went on medical leave from 20-12-2008, while the respondents relieved the applicant from their bhopal office on 27-12-2008. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... it must be borne in mind that section 2 of the act has given distinct and different definitions of "disability" and "person with ..... for the applicant argued that section 47 refers only to the 'disabilities' and not 'persons with disabilities' and since the two terms 'disabilities' and 'persons with disabilities' have two independent meanings, the respective meaning only should be assigned while interpretating the relevant provisions of the act and accordingly, in so far as provisions of sec 47 are concerned, the term, 'an employee who acquires a disability' should be interpreted in terms of section 2(i) and not 2(t). ..... for the applicant had invited our attention to the definition of certain terms as per section 2 of the said persons with disabilities act 1995 as also to sec. ..... counsel for the applicant further argued that the said provisions of the act specify that the only requirement for shifting an employee from one post to another or being kept in supernumerary post, is that due to acquiring the disability, the person should be incapable of performing the duties attached to ..... employee, who acquires disability during his service, is sought to be protected under section 47 of the act specifically. ..... the very opening part of the section reads "no establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his ..... date of acquiring the disability and (b) date as certified by the medical authority as per the provisions of section 2(t) of the said act. 3. .....
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