Court : Gujarat
Reported in : (2003)2GLR1343
..... operate and implement the revised select list by the high court, the supreme court in paragraph 5 of its judgment held that the high court could not have given direction to appoint direct recruits from the waiting list prepared in 1980 in the vacancy which according to the high court should have been available as that would amount to interfering with discretion of government which as a matter ..... 2000 (2) scc 552, was cited to point out that, where it was contended on behalf of the appellants that some of them had put in more than 17 years of service, when a few of direct recruits were either schooling and/or not born in the cadre, and that if the appellants were pushed down, it would cause great hardship to them, the supreme court, in paragraph 26 of the judgment, negatived that ..... established, because, it is evident that the public officer involved acted with actual knowledge of lack of power to continue ad hoc appointees beyond one year in face of the specific provisions of the constitution, the recruitment rules and the general rules and in arbitrarily continuing the ad hoc appointees and not following the recruitment rules and procedure prescribed for recruitment to the post.23.4 the third element of this tort of injury ..... repeatedly taken year after year, it would be a permissible inference that the action was taken in relaxation of the rule for which the power exists in rule 29(a) of the indian foreign service branch 'b' (recruitment, cadre, seniority & promotion) rules, 1964. .....
Tag this Judgment!Court : Gujarat
Reported in : (1969)ILLJ824Guj
..... varied the terms and conditions of service of the petitioners to their disadvantage inasmuch as while under the terms and conditions of service applicable to them before the coming into force of the gujarat housing board act, 1961, they were eligible to be promoted to any post in the clerical group also, from their respective posts in the non-clerical-cum-technical group the impugned rules have created groups of clerical ..... as follows : '(ix) all officers and servants in the employ of the dissolved boards shall stand allotted for service to the new board and shall, until provision is otherwise made under the provisions of this act, be subject to the conditions of service to which they were subject before the appointed day : provided that the conditions of services of any such officer or servant as applicable immediately before the appointed day shall ..... it was submitted that the very fact that the mysore general services (revenue subordinate branch) recruitment rules were not sent to the central government for approval before being promulgated shows that the previous approval had ..... the opponents' stand in the affidavits filed, as we have pointed out, is that the classification and recruitment rules do not form part of the conditions of service and, therefore, the board is competent to frame the said rules and they are not ..... argued that a term that a servant will be eligible to the next higher post if found fit cannot be considered to be foreign to the concept of conditions of service. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)169CTR(Guj)416; [2001]251ITR61(Guj)
..... assessee-company in its books of account, and in the light of the said position it was not permissible to take a different stand at the stage of computation of total income for the purpose of the income-tax act, reliance was placed on explanation 8, section 43(1), in support of the aforesaid proposition and it was submitted that the entire legal position prior to the insertion of the said explanation was now no longer applicable and such interest ..... (d) telephone, telex expenses 5,06,000(e) professional fees 3,50,000(f) lease rental charges of vehicles 5,58,000(g) factory miscellaneous expenses 7,20,000(h) recruitment expenses 4,64,000(i) expenses incurred on trial runs of machineries including cost of 14,14,000raw materials, fuel, power, wages, etc. ..... and the settled legal position in relation to the scope and ambit of section 5 vis-a-vis section 145 of the act is that an income which has neither accrued nor been received within the meaning of section 5 of the act cannot be brought to charge even though an entry might have been made in the books treating such receipt as income, because section 145 determines the mode of computing taxable income and ..... 459--------------- out of these, the following expenses are directly related to the acquisition/installation of the capital assets : foreign travelling 8,90,000professional fees 3,50,000trial runs expenses 14,14,000 other expenses aggregating to rs. ..... salaries and wages 21,80,000(c) travelling expenses (including foreign travelling of rs. .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)22VST569(Guj)
..... provisions of the incentive scheme by way of which sales tax incentives have been granted to the petitioners since the said scheme was a specially designed package, distinct from the provisions of the gujarat sales tax act in order to invite investment in the state of gujarat and in view of the clear representation made by the state that all inputs including fuel would enjoy the benefit of concessional rate of sales tax, ..... the said period during which, such forms were accepted by the suppliers/sellers along with the information thereof duly supplied to the department, whereupon, the department shall issue notices under section 50 of the act to the petitioners with a clear understanding that the sales tax already paid at the full rate to the suppliers/sellers shall be treated as deposit of the petitioners and be subject to the final outcome of ..... by a dealer 'in the manufacture or processing' of goods for sale or in mining or in the generation or distributions of electricity or any other form of power for the purpose of attracting concessional rate of tax as prescribed under section 8(1) of the act whereas rule 13 of the said rules deals with various goods like raw-materials, processing materials, machinery, plant, equipment, tool stores, spare parts, accessories, fuel or lubricants to be used in the 'manufacture or processing' of goods, i.e. ..... : (1994)illj943sc , there were no separate recruitment rules for engineers working in electrical and mechanical branches of the public works .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR568; (2004)IIILLJ259Guj
..... the government counsel emphasizing that the constitutional functions of the state of undertaking social welfare activities under the directive principles of state policy would not amount to industrial activities.14.1 the word 'industry' as defined in section 2(j) of the act reads as under :'section 2(j) :- 'industry' means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen'.14.2 in bangalore water supply case (supra), ..... union of india, reported in : (1988)illj370sc , was cited to point out that it was held by the supreme court that the classification of employees into regularly recruited employees and casual employees for the purpose of paying less than the minimum pay payable to employees in the corresponding regular cadres particularly in the lowest rungs of the department where the pay scales ..... it is also stated that, under the national foreign policy of 1988, maintenance of environmental stability through preservation and, where necessary, restoration of the ecological balance, conserving the natural heritage of the country, checking soil erosion and denudation for mitigating floods and droughts ..... reported in : air2000sc3116 , was cited to point out that the supreme court has held in paragraph 21 of the judgement that, what was approved to be 'sovereign' was defence of the country, raising armed forces, making peace or war, foreign affairs, power to acquire .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR554
..... by the advocate for the petitioner before the labour court and also by the witness for the petitioner before the labour court that subsequently 450 newly recruited workmen were engaged for doing the same type of work, the labour court was of the view that before calling those 450 workmen and before engaging ..... such contention would have been raised by the petitioner before the labour court that the irrigation department is not an industry within the meaning of section 2(j) of the industrial disputes act, 1947, then, the respondent workmen would have got an opportunity to controvert such contention by leading proper evidence before the labour court and it would have been decided by the ..... of the year 1977 or 1978 or 1980 has been challenged by the concerned workmen after the period of about fifteen to sixteen years under the machinery of the industrial disputes act, 1947 by raising the industrial disputes which were referred to for adjudication by the concerned assistant commissioner of labour by order dated 19th july,1996 and in another group, such ..... recruited on muster and the petitioner was maintaining attendance register but they were not being paid the minimum wages by the petitioner and ultimately, their services were terminated by the petitioner without following the mandatory provisions of the industrial disputes act ..... that acts like defence of the country, raising armed forces and maintaining it, making peace of war, foreign, affairs, power to acquire and retain territory .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)2GLR1142
..... dey reported in (2000) 8 scc 580 relevant para 8 on page 584 the hon'ble supreme court has held that in the absence of material relating to other comparable employees as to the qualifications, method of recruitment, degree of skill, experience involved in performance of job, training required, responsibilities undertaken and other facilities in addition to pay scales, the learned single judge was right when he stated in the order that in the absence ..... dey reported in (2000) 8 scc 580 will not help the respondents.29.3 in this case the petitioners have produced enough material relating to the fact that the petitioners' qualification, method of recruitment, experience in performance, training undertaken and other facilities are same that of the persons who are employed by the respondents and therefore they are entitled to relief which they have prayed for in ..... there various aspects have been enumerated above and after reading all these various aspects like the origin of the border wing home guards, their recruitment from border areas, their training, their uniforms, their descriptions, their payment, the cumulative effect which emerges is that the border wing home guards like the petitioners constitute ..... in view of the same, the petitioners are regularly recruited as per the provisions of the act and there is no backdoor entry or ad hoc ..... for raising of border wing home guards battalion in the state of gujarat so as to check infiltration of foreigners from across the indo-pak border. .....
Tag this Judgment!Court : Gujarat
Reported in : (1974)ILLJ1Guj
..... absence amounts to about 13 per cent, the statements themselves reveal that about 4 to 5 per cent of this is on account of sickness; that separate provisions have now been made under the employees state insurance act for sickness and therefore the need of the worker is about 8 per cent or about 25 days; that of this the provision is already made by 5 days paid casual leave and about 14 or 15 ..... by this court in the earlier award, that the standing orders were framed for operatives in the year 1939 and these provisions were framed before leave provisions were made in the factories act; that as there was no leave provision, paid or unpaid, there was a constant fear amongst workers of losing employment since there was no guarantee of re-employment on return from leave and it was ..... public servant when they take leave prefer to utilise the leave period in their home district, a distinction can legitimately be drawn between those who are recruited from the neighborhood of the places where they serve and those who are recruited from greater distances ................ ..... textile industry and also with what is being, by and large, given in other large establishments in the country; that it also compares favourably with the leave entitlements in foreign countries; that it is opposed to the modern trend in industrial thought. ..... to say in any event so far as industrial workers are concerned that the leave entitlements enjoyed by them in this country are more favourable than in foreign countries. .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)2GLR1807
..... in long continuance as temporary employee not withstanding existence of permanent work resulting in discriminatory treatment in the matter of providing terms of condition for discharging permanent nature of work of the same kind between regular employees and those recruited as temporary ad hoc or casual the courts intervened to enthuse a vibrant life to the meaning of right to life and personal liberty by alleviating from mere right to survival or animal existence to be right to life be composed of all aspects ..... if according to the corporation, such appointment is against the recruitment rules and service conditions, then, the corporation should have taken appropriate action against the erring officer who has engaged the workman and continued him for such a long period as off ..... of claim was filed by the petitioner-corporation wherein it was contended that the appointment of the respondent-workman was back-door entry since he was not selected by the selection committee in accordance with the recruitment procedure and service rules of the s.t. ..... meaning is that the recruitment procedure has not been ..... thereafter, the tribunal consideredthat no recruitment rules were produced by the petitioner before it and no evidence to that effect was led by the ..... , that acts like defence of the country, raising armed forces and maintaining it, making peace or war, foreign affairs, power to acquire and retain territory, are functions which are indicative or external sovereignty and are political in .....
Tag this Judgment!Court : Gujarat
Reported in : [2002(92)FLR919]
..... we have given out due thought to the aforesaid rival contentions and, according to us, the object of the state act, inter alia, being prevention of certain unfair labour practices, the same would be thwarted or get frustrated if such a burden is placed on a workman which ..... their application or their initial recruitment they were not overaged. ..... is mode of their recruitment different are qualifications prescribed for the post different are daily wage mazdoors in any way ineligible or disqualified for being absorbed as regular mazdoors are they rejected by any selection committee in the process of selection these few questions require to be answered, and the very mode of recruitment [stated in paragraph 4 ] makes it clear that the answer to all the questions ..... this shows that recruitment rules did have these post in its ambit about which we are concerned, yet ..... though no recruitment rules were filed in the proceedings either before the tribunal or in the high court but while proposing the scheme a copy of the recruitment rules for various cadres have been placed before us on behalf ..... that acts like defence of the country, raising armed forces and maintaining it, making peace or war, foreign, affairs, power to acquire and retain territory, are functions which are indicative or external sovereignty and ..... at least the minimum pay in the pay scales of regularly employed workmen even though the government may not be compelled to extend all the benefits enjoyed by regularly recruited employees. .....
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