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Sri Lienkhawthang Varte Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Guwahati

Reported in : (2006)(92)SLJ126CAT

..... the office of the additional director of employment exchange, government of india, ministry of labour had informed the applicant that there is a proposal to fill up four posts of superintendent out of which one post is reserved for s.t. ..... candidates in the year 1996 as is evident from the communication dated 08.05.1997 issued from the office of the additional director of employment exchange, since the applicant being the only s.t. ..... the additional superintendent of employment exchange, by communication dated 08.05.1997 (annexure - vi) informed the applicant that four posts of superintendent had been decided to be filed up and proposal in that regard has already been sent to the u.p.s.c, it is clearly stated therein that out of the ..... quota which occurred during the year 1996 as is evident from the letter dated 08.05.1997 issued by the additional director of employment exchange. ..... he was selected and appointed as rehabilitation officer in the office of the directorate general of employment and training under the ministry of labour, government of india. .....

National thermal Power Corporation Ltd. Vs. Wig Brothers Builders and ...

Court : Delhi

Reported in : 160(2009)DLT642

..... free of cost by ntpc, for variation in the quantity of such cement and steel on certain prescribed consideration and for recovery from the contractor for excess consumption of cement and steel, for price adjustment of materials, labour and fuel linked with price indices, for foreign exchange rate protection and other usual conditions found in building and engineering contracts.4. ..... bhat, learned senior counsel on behalf of the petitioner, that the arbitral tribunal had wrongly directed the petitioner to pay to the respondent exchange rate variation (erv) when the respondent makes payment to its foreign collaborators. ..... he submits that the requirement of payment of foreign exchange arises only when the liability is incurred and payment is made. ..... in the present case, he submits no liability arose and therefore the question of exchange rate variation awarded cannot arise.68. mr. p.v. ..... and steel actually used in the contract was increased due to the change in designs by petitioner and due to the wrong information given by the petitioner in the tender document, the respondent had also to incur additional labour expenses. .....

The Sub Divisional Inspector of Post, Vs. Sobhana Sivadasan W/O. Sivad ...

Court : Kerala

..... after considering the materials on record in the light of the arguments on behalf of the department that she was a back door recruit and not an employment exchange recruit, it needs to be noted that the applicant woman worked as a casual labourer for the establishment for more than five years even by the time the tribunal granted relief to her and the relief granted in no way contradicts the establishment ..... , the establishment contended before the cat that the applicant's engagement as part time labourer was not through employment exchange and therefore, she would not get the benefit of the departmental order dated 6.6. ..... desires to fill up the vacancies otherwise than by accommodating surplusers, invoking the order dated 6.6.1988, it has to give preference to the applicant who had been working as a part time casual labourer at least for five years even by 2006 when the tribunal considered the applicant's case.4. ..... the first respondent was engaged from 28.5.2001 as a part time casual labourer continuously and later, was engaged to work as a gds mail deliverer in an existing vacancy at kiralur branch post office under velur sub post office with effect from 7.11.2005 on a temporary ..... ultimately, noticing a provision for preferential treatment to full time casual labourers in respect of appointment to gd post provided they fulfill certain conditions, the respondent moved the cat seeking the following reliefs:(i) to declare that applicant is eligible and entitled to be considered for .....

P.J. Charley and Others Vs. Union of India Represented by the General ...

Court : Central Administrative Tribunal CAT Ernakulam

..... to the provision that if the seniority of certain individual employees has already been determined in any other manner, either in pursuance of judicial decisions or otherwise, the seniority so determined shall not be altered.casual labour including project casual labour shall be eligible to count only half the period of service rendered by them after attaining temporary status on completion of prescribed days of continuous employment and before regular absorption, as qualifying service for the purpose of ..... have sought the following reliefs:(i) to direct the respondents to revise the pension and the retrial benefits of the applicant taking into account half of the service rendered by him as casual labour after he acquired temporary status on 3.5.1966 till the date of regular absorption on 26.10.1977 for the purpose of calculation of qualifying service and to work out the pensionary benefits. ..... in sub-para (b) of para 2501 of the manual casual labour was divided into three categories, namely, (i) staff paid from contingencies except those retained for more than six months continuously, known as open casual labour; (ii) labour on projects, irrespective of duration, known as project casual labour; and (iii) seasonal labour who are sanctioned for specific works of less than six months ..... be specified in these orders they will have a prior claim over others to recruitment on a regular basis and they will be considered for regular employment without having to go through employment exchanges. .....

Bharat Sanchar Nigam Limited and Another Vs. Ramesh Chand

Court : Himachal Pradesh

..... further, according to the petitioner-company, since the respondent-workman was a casual labourer and not engaged through employment exchange and rather his engagement was a back door entry, therefore, he was not entitled to be reengaged. ..... such evidence available before the tribunal below thus belies the stand of the petitioner-company that the name of the respondent-workman was not sponsored by the employment exchange at the time of his initial engagement in the year 1985. 5. ..... the findings so recorded by the learned single judge, to our mind, are not only legally but factually also sustainable for the reasons that the name of the respondent-workman was sponsored by the employment exchange when he was initially engaged by the petitioner-company. ..... the challenge herein is to the judgment dated 4th july, 2012 passed by the learned single judge in cwp no.7464 of 2010, whereby award passed by the presiding officer, industrial tribunal-cum-labour court-i, chandigarh on 30.7.2010 in reference no. i.d. ..... the instances of workers engaged in 1994 and 1995 are not stated to be attracted in this case, as they were engaged after their names having been sponsored by the concerned employment exchange. 3. .....

Smt. Bhagwati Devi, W/O Late Shri Vs. Union of India (Uoi) Through the

Court : Central Administrative Tribunal CAT Delhi

..... ram kumar-i vis-a-vis with para-3 of nehni bai would show that all aspects of para 2511 of irem had not been noticed.the term "casual labourer who acquire temporary status" used under paras (b) & (c) as noticed from ram kumar-i, definitely conveys that such service will not constitute a qualifying service for ..... in raj kumar-i, the hon'ble supreme court vide para-11 reproduced para 2511 of indian railway establishment manual, which reads as under: casual labour treated as temporary are entitled to all the rights and privileges admissible to temporary railway servants as laid down in chapter xxiii of the indian ..... a post under the administrative control of the railway board and includes a person who is holding the post of chairman, financial commissioner or a member of the railway board but does not include casual labour or persons lent from a service or post which is not under the administrative control of the railway board to a service or post which is under such administrative control.2511. ..... strong reliance placed on rabia bikaner (supra) established that a specific question of law had been adjudicated therein namely: whether the widow of a casual labourer in railway establishment, who died after putting the six month's service and obtaining the status of a temporary workman but before his appointment to a temporary post after screening is ..... over others to permanent recruitment and they will be considered for regular employment without having to go through employment exchanges. .....

Sindhu Education Society and ors. Vs. Kacharu Jairam Khobragade and or ...

Court : Mumbai

Reported in : (1995)ILLJ451Bom; 1994Mh.L.J.524

..... if the answer of that issue was that such enquiry could not have been avoided, then alone the labour court could have proceeded ahead to decide as to whether there was, in fact, a misconduct committed by the employee or ..... in not doing so, it had erred in law, and for these reasons, the order passed by the labour court and confirming order passed by the industrial court which failed to consider anything, will have to be set aside and are hereby set aside and the complaint is ordered to be dismissed. ..... that case, however, the distinction was made on the basis of the fact that on the date when the complaint was filed by the workman before the labour court, the school tribunal, as contemplated in the act of 1977, had not come into force. ..... was contended in that writ petition was that in view of he provisions of sections 8 to 15 of the regulations at, 1971, which had come into force on 15.7.1981, the jurisdiction of the labour court constituted under section 6 of the mrtu & pulp act was necessarily barred, and whether the order passed by the labour court under provisions of the mrtu & pulp act was a good order in law. ..... application under sub-section (2) of section 30 of the mrtu & pulp act by the complainant in that case was allowed by the labour court, which order was challenged in the said writ petition by the employer/education society. ..... the labour court proceeded to hold so on the basis of exchange of notice, the show cause notice and the correspondence as also the report made by shri .....

Pola Satyanarayana and Others Vs. Secretary, Govt. of India, Ministry ...

Court : Andhra Pradesh

Reported in : 2000(4)ALD403; 2000(4)ALT274; (2000)IILLJ1278AP

..... a direction to the petitioner company that white filling up the vacancies of badili fillers, the company may bear in mind that the persons who worked as contract labourers and who have been sponsored by the employment exchange have to be given due weightage and preference in view of their experience ..... contractor and because of this intermediary the employer is treated as principal employer with various statutory obligations flowing from the act in connection with regulation of the working conditions of the contract labourers who are brought by the intermediary contractor on the principal's establishment for the benefit and for the purpose of the principal employer and who do his work in his establishment ..... regular workmen, would posit improvement of the lot of such workmen and not its worsening, implicit in the provision of section 10 is the legislative intent that on abolition of contract labour system, the erstwhile contract workmen would become direct employees of the employer on whose establishment they were earlier working and were enjoying all the regulatory facilities on that very establishment ..... competent forums to adjudicate such disputes on the basis of oral and documentary evidence produced before them, gave several directions to the respondent-corporation including the one that all labourers who have been initially engaged through contractors and have been continuously working with the respondent for the last 10 years on different jobs assigned to them and inspite .....

Union of India and ors. Vs. K.G. Radhakrishana Panickar and ors.

Court : Supreme Court of India

Reported in : AIR1998SC2073; [1998(79)FLR649]; JT1998(3)SC680; 1998(3)SCALE358; (1998)5SCC111; [1998]3SCR38

..... prior to absorption against a regular temporary/permanent post after requisite selection -will, however, not constitute as qualifying service for pensionary benefits.note: - in case where casual labour had actually been brought over to the regular prescribed/authorized scales of pay prior to 22nd august, 1962 on fulfilling the requisite conditions, the periods during which they drew ..... the scheme which was approved by this court in inder pal yadav temporary status could be granted to project casual labour only from 1.1.1981 or from the date on which 360 days of service as project casual labour was completed after 1.1.1981 whichever was later and project casual labour who had already been regularised prior to 1.1.1981 could not be granted any deemed date for grant of temporary status ..... counting of that period of service for that purpose, the railway board, by order dated october 14, 1980, took the following decision :-'as a result of representations from the recognised labour unions and certain other quarters, the ministry of railways had been considering the demand that the period of service in the case of casual ..... , be held that prior to the scheme which was accepted by this court in the case of inder pal yadav project casual labour could not claim temporary status and such temporary status could only be acquired by them on the basis of the scheme as accepted ..... to permanent recruitment and they will be considered for regular employment without having to go through employment exchanges. .....

Christian Medical College Hospital Employees' Union and Anr. Vs. Chris ...

Court : Supreme Court of India

Reported in : AIR1988SC37; JT1987(4)SC129; 1988LabIC225; (1988)ILLJ263SC; 1987(2)SCALE798; (1987)4SCC691; [1988]1SCR546

..... of the provisions of the act will result in the abridgment of the right of the management of minority educational institutions to administer such institutions since there is always a chance in the course of an industrial adjudication that the tribunal or the labour court as the case may be may pass an order setting aside an order of dismissal or removal of a workman passed by the management and reinstating him in service or making an order altering the conditions of service of workmen contrary to ..... judge of the high court or who has been for a period not less than three years a district judge or an additional district judge or a person who has not less than five years' service as presiding officer of a labour court constituted under any law for the time being in force or who holds a degree in law of a university established by law in any part of india and is holding or has held an office not lower in rank than ..... covenant on economic, social and cultural rights, 1966 which is a basic document declaring certain specific human rights in addition to proclaiming the right to work as a human right treats equitable conditions of work, prohibition of forced labour, provision for adequate remuneration, the right to a limitation of work hours, to rest and leisure, the right to form and join trade unions of ones' choice, the right to strike etc. ..... among such contracts is that of personal employment by which labour and other services are exchanged for money or other forms of property. .....