Court : Punjab and Haryana
Decided on : Mar-23-2009
Reported in : (2009)156PLR228
Rakesh Kumar Jain, J.1. This appeal is directed against the order of the Employees State Insurance Court, Panipat, dated 9.10.1987, whereby an application filed by the respondent under Section 75 of the Employees State Insurance Act, 1948 (for short, 'the Act'), challenging the validity of the Order dated 27.1.1984 vide which the respondent was required to pay Rs. 2,101/- as damages for the period from 1.7.1977 to 2.10.1978 was allowed.2. Briefly stated the facts of the case are that the respondent was provisionally covered under the provisions of the Act. The appellant served a letter dated 18.3.1983 to the respondent requiring them to pay Rs. 7,035/- towards the contribution on adhoc basis for the period from 1.7.1977 to 2.10.1978. Earlier to that, a letter dated 7.1.1981 was received from the appellant requiring the respondent to pay Rs. 731.50 Paise towards contribution relating to period 1.7.1977 to 2.10.1978. However, the respondent claimed that the amount was deposited on 3.3.19...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-24-2009
Reported in : (2009)156PLR231
Satish Kumar Mittal, J.1. This order shall dispose of CWP Nos. 6111, 5239, 5552, 6159 and 650 of 1986. In these petitions, the petitioners are employees/workers of the Punjab State Co-operative Milk Producers' Federation (hereinafter referred to as 'the MILKFED'). The Punjab Government vide Notification issued under Section 1(5) of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the ESI Act') made applicable the provisions of the said Act to the Government factories including the MILKFED. The petitioners, who were receiving wages between Rs. 1,000/- to Rs. 1,600/- per month came within the purview of the said Act w.e.f. 27.1.1985. Undisputedly, prior to 27.1.1985 the petitioners were receiving an amount of Rs.SO/- per month towards medical reimbursement under Clause (3) of the Services Rules, which is reproduced as under:Clause 3:- Medical Reimbursement.- The fixed medical allowance of Rs. 15/- [later on enhanced to Rs. 50/-] will only be paid to Employees/workmen...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-09-2009
Reported in : (2009)156PLR721
T.S. Thakur, C.J.1. Punjab State Electricity Board, Patiala (hereinafter referred to as, 'the Board') in 2005-06 raised a loan of Rs. 300.00 crores for executing infrastructure development works. Instead of obtaining this loan directly from the Banks, the same was raised through an arranger after paying commission of Rs. 1.62 crores, allegedly in connivance with the officials of Punjab National Bank (hereinafter referred to as, 'the Bank'). A huge pecuniary loss was thus caused to the Government establishment, which was avoidable, especially when the financial deal was between a State Public Sector Undertaking and a nationalized Bank.2. Whether a middleman, called 'Loan Arranger', and payment of the commission, was required or not? Whether Rs. 1.62 crores, the amount of commission was a booty shared by the employees of the Bank and the Board Whether the employees of the Bank and the Board, for their acts of omission and commission, are liable to be prosecuted for criminal misconduct, h...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-13-2009
Reported in : (2009)23VST465(P& H)
M.M. Kumar, J.1. The instant reference under Section 22(1) of the Punjab General Sales Tax Act, 1948 (for brevity, 'the Act') has arisen out of order dated 10.9.1986 passed by the Sales Tax Tribunal, Punjab, Chandigarh (for brevity, 'the Tribunal') in Appeal No. 385 of 1985- 86. The Tribunal while accepting the application filed by the Excise and Taxation Commissioner, Punjab, has referred the following three questions of law for adjudication of this Court:i) Whether on facts and circumstances the nature of transaction is inter-State sales terminating at the hands of Shri Muni Lal or it terminates at the hands of M/s Dada motor Garage 'physically in reality' who appropriates the goods and pass the same to the customers after getting the amount, giving the receipts. The statement of Collection, keeping watch (responsibility of Shortage, damage or any such loss) sheltering and service at Jalandhar at the hands and premises of Dada Motor Garage.ii) Whether evidence on the file does not re...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-30-2009
Reported in : AIR2009NOC2988(F.B)(P&H)
..... can be stated to have been established merely from the provisions of the gurdwara act of 1925, referred to hereinabove. 131. the only provision that may be applicable to the facts and circumstances of the present case is section 111 of the gurdwara act of 1925, wherein finances can be made available, so as to be retained ..... other than the head minister of the darbar sahib, amritsar, or of any of the four sikh takhts specified in clause (ii) of sub-section (1) of section 43; (vii) is a paid servant of any notified sikh gurdwara or of the board, other than a member of the executive committee of the board ..... religion, is a sikh." the "rehat-maryada" has been described as the code of a "sikh's personal life" (in chapter iii of the sikh rehat-maryada, published by the sgpc), and as the "code of corporate" or "panthic code of conduct" of a sikh (in chapter xiii of the sikh rehat-maryada published by the sgpc). certain ..... before. his purpose was to highlight the independent nature of sikhism in the context of other contemporary religions. by doing this, he wanted to insure the desired quality of the individual and collective conduct of his 'khalsa', the new name for his sikhs. his insistence on a distinct and unadulterated ..... i.e. the territories which merged into the composite state of punjab on 1.11.1956). before embarking upon the examination of the provisions of the gurdwara act of 1925, pertaining to the subject under reference, it would be pertinent to record, that the instant enactment .....
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