Judgment Search Results Home > Cases Phrase: local authorities pensions and gratuities act 1919 Page 1 of about 2,088 results (0.275 seconds)

Chief Officer Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : [2008(117)FLR675]; (2008)IIILLJ206Guj

..... ' is provided, which reads, thus,every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishment in a state, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months.16.1 the aforesaid contention is not accepted because the local authority being an establishment covered under the gratuity act, the gratuity act is applicable as has been held by the madras high court in case of commissioner, sathyamangalam municipality v. ..... lashkari ram reported in 2008-i-llj-137 wherein after considering the definition of 'employee' under section 2(e) of the act and after considering the central civil services rules (pension), 1972 and employee having worked in different capacity, was held to be entitled to get benefits of gratuity act as well as civil service rule (pension) rules. ..... reported in 2003-ii-llj-336, observed that, 'payment of gratuity act, 1972 - section 2(e) - new mangalore port trust (adaptation of rules) regulations, 1980 - regulation 4 - central civil services (pension) rues,1972 - rule 50 - gratuity act not applicable to person governed by act or rule providing for payment of gratuity - regulation 4 of port trust regulations made central pension rules applicable to its employees - denial of gratuity as per central pension rules therefore held not proper and payment of balance with interest at 12% ordered.21. .....

Municipal Corporation of Delhi Vs. Smt. V.T. Naresh and Another

Court : Delhi

Reported in : 1985(9)DRJ173; (1986)ILLJ323Del

..... mehra, learned counsel is that the petitioner - corporation is a local authority created under the delhi municipal corporation act, 1957 and is not an establishment within the meaning of sub-clause (b) of sub-s. 3 of s. ..... 617 of the companies act, 1956; (3) a corporation (including a co-operative society) establishment by or under under a central, provincial or state act, which is owned, controlled or managed by the government;' thus, a corporation and/or local authority are included within the definition of 'establishment';6. ..... the petitioner - corporation pleased that the act is not applicable to the employees of the petitioner - corporation and that the corporation has its own gratuity regulations/pensions rules to allow gratuity to retiring employees and, thereforee, the application before the controlling authority was not maintainable. ..... mehra, learned counsel for the corporation is that the local authority like the petitioner is not an 'establishment' within the meaning of any law in force in relating to 'establishment' in delhi. ..... thereforee, it is merely because municipal corporation of delhi which is created by delhi municipal corporation act, 1957 is also a local body or local authority, it does not mean that the corporation will not be an 'establishment' so long as it is so in relation to any law relating to 'establishment'. .....

G. Narayan Rao Vs. Smt. V.R. Nagamani

Court : Karnataka

Reported in : 1995(4)KarLJ59; (1996)IIILLJ1033Kant

1. heard sri s. r. shinde. admitted. the respondent, though served, is absent, heard sri s. r. shinde on merits. 2. the revision petitioner-judgment-debtor has challenged the order dated april 12, 1993 passed by the learned vi additional city civil judge, bangalore in ex. c. 10038/92 ordering attachment of the gratuity amount due to the judgment-debtor. the learned city civil judge has stated in his order that the word 'wages' does not include gratuity. he has also stated in his order that in view of explanation - iv to section 60 c.p.c. the word wages gratuity is not included. it is obvious the learned city civil judge has not looked into the relevant provisions properly. section 60(g) clearly says that stipends and gratuities allowed to pensioners of the government or of a local authority or of any other employer shall not be liable for attachment. this apart, section 13 of the payment of gratuity act, 1992 clearly says that the gratuity payable under this act to an employee in any factory, mine etc., shall not be liable for attachment (revision petitioner-judgment debtor working in h.a.l. factory) in execution of any decree. for these reasons, the order of the learned city civil judge, ordering attachment of gratuity, is set aside. revision petition allowed accordingly.

Smt. Shakuntala Mehrishi Vs. New Delhi Municipal Committee and Others

Court : Supreme Court of India

Reported in : AIR1990SC1229; JT1990(1)SC386; 1990LabIC1097; 1990(1)SCALE421; (1990)3SCC521; [1990]1SCR753; 1990(2)LC80(SC); (1990)3UPLBEC1709

..... the notification having thus been issued by the competent authority and the petitioner who was an existing employee of an aided school on the date of the issue of the said notification having opted for the pension and gratuity within the stipulated period in the prescribed proforma which was duly counter-signed by the education officer, she obviously became ..... procedure the provisions of the central civil services (pension) rules, 1972 as amended from time to time and other general provisions of the act/' rules shall apply.the employees of the aided schools shall be entitled to pension and/or gratuity in accordance with the provisions and procedure applicable to the employees of the similar categories of delhi administration under the existing pension rules as contained in the central civil services (pension) rules, 1972 as amended from time to time ..... in exercise of the power conferred on him by rule 126 of the delhi school education rules, 1973 (hereinafter referred to as the rules) laying down detailed procedure for disbursement of pension and gratuity and accounting of general provident fund to the employees of the aided schools under the delhi education act 1973 (for short the act) and the rules framed there-under. ..... 2(d) of the act means a recognised private school which is receiving aid in the form of maintenance grant from the central government, administrator or local authority or any other authority assigned by the central government, administrator or a local authority. .....

Harijan Paniben Dudabhai Vs. State of Gujarat and Ors.

Court : Supreme Court of India

..... on behalf of the respondents that since the deceased was not appointed by the district panchayat service selection committee constituted under section 2(11) of the act, was not a member of the panchayat service as envisaged by section 203 of the act and as such the appellant was not entitled to claim any family pension or gratuity, was accepted by the single judge.8. ..... the period of his service in a cadre in the panchayat service while acting or purporting to act in the discharge of his duties as such servant, or any investigation, disciplinary action or remedy in respect of such obligation, liability or default and any such investigation, disciplinary action or remedy may be instituted, continued or enforced in accordance with the law applicable thereto during the said period of service by such authority as the state government may, by general or special order specify in ..... out how gram panchayat was not competent to make such appointment or that at the relevant time in question the power to make appointments was vested in an authority other than gram panchayat or that there was any separate modality or procedure prescribed for effecting such an appointment.14. ..... said rules stipulates, inter alia, that the appointing authority in respect of posts under the gram panchayat, which are included in the local cadre is gram panchayat itself. ..... panchayat service (appointing authorities) rules, 1967, gram panchayat is the appropriate authority in respect of posts included in the local cadre. .....

Solapur Municipal Corporation Vs. Shankarrao Govindrao Patil

Court : Supreme Court of India

..... clause 5(c) states that all officers and servants in the employ of the said municipality or local authority 4 immediately before the appointed day shall be officers and servants employed by the corporation under the act and shall, until other provision is made in accordance with the provisions of the act, receive salaries and allowances and be subject to the conditions of service to which ..... with the corporation would be considered for pension and gratuity. ..... panchayat till 05.05.1992 shall be treated as regular service rendered to the corporation; that the services rendered by them from 05.05.1992 till 01.02.2003 shall also be deemed to be regular service rendered to the corporation; and that, in view of the above, all service benefits as well as retirement benefits should be extended to them, on the footing that the services rendered by them from their respective dates of appointment by the ..... evidence to be produced belatedly at the last stage, we are also mindful of the fact that the rights of several workmen are at stake and the issue for consideration would invariably turn upon the conclusions that are to be drawn from these new documents. ..... department, government of maharashtra, confirming that 300 posts had been sanctioned in the corporation to accommodate the employees of the erstwhile gram panchayats which had merged with it from 05.05.1992, and held that it followed therefrom that the employment of such persons by the corporation stood regularized with effect from 05.05.1992. .....

D.P. Kansal and ors. Vs. Delhi Jal Board

Court : Delhi

Reported in : [2007(115)FLR450]; (2008)IILLJ477Del

..... against the impugned order dated 21st march, 2005 passed by the appellate authority under the payment of gratuity act, 1972 (hereinafter referred to as 'the gratuity act') dismissing the appeals of the petitioners and upholding the order dated 8th january, 2004 passed by the controlling authority rejecting the claim of the petitioners for payment of gratuity under the gratuity act on the ground that they were covered under the ccs (pension) rules 1972 (hereinafter referred to as 'the rules'). ..... also made to the definition of the word 'local authority' under section 2(s) of the aforesaid act which included in its fold, the municipal corporation of delhi, new delhi municipal council, the delhi development authority, the delhi cantonment board, or any other succession body belonging to any of them and any other statutory authority performing municipal functions to state that the djb was not included in the said definition and, thereforee, while the employees of the mcd ..... 511 of the dmc act stipulates that every officer and other employee of each of the bodies and local authorities specified in the second schedule shall be transferred to and become an officer or other employee of the corporation and shall hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as he would have held if the corporation had not been established and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered .....

Govt. of U.P. Vs. Preetam Singh and ors.

Court : Supreme Court of India

..... whilst taking the above action, the state government constituted a sub-committee to examine the varicity and viability of the conversion of the contributory provident fund scheme to the pension/family pension and gratuity scheme, not only with reference to employees of the vikas parishad, but with reference to employees of other statutory corporations, development authorities and nigams in the state of uttar pradesh. ..... act no.xxiii of 1955); (h) to regulate building operations; (i) to improve and clear slums; (j) to provide roads, electricity, sanitation, water supply and other civic amenities and essential services in areas developed by it; (k) to acquire movable and immovable properties for any of the purposes before mentioned; (l) to raise loans from the market, to obtain grants and loans from the state government, the central government, local authorities and other public corporations, and to give grants and loans to local authorities, other public corporations, housing co-operative societies and other persons for .....

Commissioner of Income-tax Vs. N.J. Pavri

Court : Mumbai

Reported in : [1999]237ITR472(Bom)

..... of a state or holders of civil posts under a state or to the employees of a local authority or any payment of retiring gratuity received under the pension code or regulations applicable to the members of the defence services ; (ii) any gratuity received under the payment of gratuity act, 1972 (39 of 1972), to the extent it does not exceed an amount calculated in accordance with the provisions of sub-sections (2) and (3) of section 4 of that act ; (iii) any other gratuity received by an employee on his retirement or on his becoming incapacitated prior to such retirement or ..... of the central government or under any similar scheme of a state government, a local authority or a corporation established by a central, state or provincial act or any payment of retiring gratuity received after the first day of june, 1953, under the new pension code applicable to the members of the defence services ; or any other gratuity not exceeding one-half months' salary for each year of completed service, calculated on the basis of the average salary for the three ..... a bare reading of the above section as it stood before the amendment by the finance act, 1974, shows that gratuity payable to the employees of the government, local authority or a statutory corporation was totally exempted from payment of income-tax, whereas any other gratuity notexceeding 15 days' salary for each year of completed service stood exempted subject to a maximum of twenty-four thousand rupees or fifteen months' salary, .....

Gujarat State Khadi Gramodyog Board Pensioners Association Vs. Gujarat ...

Court : Gujarat

Reported in : (2004)1GLR116

..... gr dated 20.1.1998 has also been accepted adopted by the board but the only difference is to the effect that the respondent board is paying revised pension and gratuity to the employees who were in service on 4th may, 1998 and retired subsequent thereto and the board is not paying the same to those employees who have retired prior to 4th may, ..... by the board in past and the resolution was passed by the respondent board on 13.10.1987 that the employees who were in service on 12th november, 1973 were entitled for the benefit of pension and gratuity and those employees who were in service from 12th november, 1973 to 31st march, 1982 are entitled for the benefit of revised pension as per the revised pension rules of the state government and the family pension rules, 1972 as revised and amended from time ..... to time and for that, representation was made by the board to the state government ..... board may accept grants, subventions, donations and gifts and receive loans from government or a local authority or any body or association whether incorporated or not, or an individual for all or any of the purposes of this act .....