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. .....
Tag this Judgment!Court : Karnataka
..... not paid complete gratuity which drew him to knock at the doors of the controlling authority under the payment of gratuity act, 1972 ( the act for short). ..... the short payment of gratuity leads the petitioner before the controlling authority under the act as gratuity to the petitioner for the service he has rendered between 18-11-1971 and 01-01-1990 close to 19 ..... the controlling authority after placing reliance on the government orders issued by the state government from time to time and judgments rendered on the issue of entitlement of gratuity to an employee even if he is on daily wages, allows the claim, determines arrears of gratuity to be paid at `2,40,449/- and directs payment along with interest in terms ..... the very finding is erroneous as the controlling authority has referred to circulars of government themselves and holds that gratuity should be paid in its entirety i.e. ..... that the petitioner along with others was regularized in service in terms of the government order dated 01-01-1990 and gratuity is paid to the petitioner at `1,92,700/- which is for the period between 01-01-1990 and 31-05-2013. ..... mandya pin code57140, directing to initiate proceedings against r-2 and4to recover the arrears of gratuity as per the annexure-c1, c2 and c3 dtd0302.2022 this writ petition having been heard and reserved for orders on2111.2023, coming on for pronouncement this day, the court made the following:- order the petitioner is before this court seeking a direction by issuance of a writ in .....
Tag this Judgment!Court : Supreme Court of India
..... clause (a) to section 530(1) of the companies act confers preferential status to all revenue taxes, cesses, and rates due to the central or the state government or to a local authority on the relevant date as defined in clause (c) to sub-section (8) to section 530 of the companies act, which have become due and civil appeal no.2568 of 2013 page 12 of 38 payable within the twelve months next before the relevant date. ..... such a contract with insurers as is mentioned in section 14 of the workmen's compensation act, 1923, rights capable of being transferred to and vested in the workman, all amounts due in respect of any compensation or liability for compensation under civil appeal no.2568 of 2013 page 17 of 38 the said act in respect of the death or disablement of any workman of the company; (iv) all sums due to any workman from a provident fund, a pension fund, a gratuity fund or any other fund for the welfare of the workmen ..... winding up, under such a contract with insurers as is mentioned in section 14 of the workmen's compensation act, 1923, rights capable of being transferred to and vested in the workman, all amounts due in respect of any compensation or liability for compensation under the said act in respect of the death or disablement of any employee of the company; (f) all sums due to any employee from a provident fund, a pension fund, a gratuity fund or any other fund for the welfare of the employees, maintained by the company .....
Tag this Judgment!Court : Supreme Court of India
..... further, the very inclusive definition of 'state' under article 12 by referring to government of india, the government of each of the states and the local and other authorities, makes it clear that a 'state government' and a local or other authorities, are different and that they fall under a common definition only for the purpose of part-iii of the constitution. ..... the specific mention of other class of creditors whose dues are statutory, such as dues payable to workmen or employees, the provident fund, the pension fund, the gratuity fund under section 36(4), which excludes these enumerated amounts from the liquidation, especially clarifies that not all dues owed under statute are treated as government dues. ..... include, (i) in relation to functions entrusted under sub-section (1) of section 124 of the government of india act, 1935, to the government of a province, the provincial government acting within the scope of the authority given to it under that subsection; and (ii) in relation to the administration of a chief commissioner s province, the chief commissioner acting within the scope of the authority given to him under sub-section (3) of section 94 of the said act; and (b) in relation to anything done or to be done after the commencement of the constitution, mean the president .....
Tag this Judgment!Court : Supreme Court of India
..... far as they are consistent with the provisions of this act, be deemed to have been made under this act; (c) all officers and servants in the employ of the said municipality or local authority immediately before the page|17 appointed day shall be officers and servants employed by the corporation under this act and shall, until other provision is made in accordance with the provisions of this act, receive salaries and allowances and be subject to the conditions of service to which they ..... read with clause 5 of appendix iv clearly indicates that the service rendered by the officers page|6 and servants before in the employment of the municipality or the local authority immediately before the appended date shall be the officers and servants employed by the corporation under the said act and the services rendered by such officers and servants before the appointed date shall be deemed to be service rendered in the service of the corporation ..... who, in its opinion, is not necessary or suitable to the requirements of the municipal service, after giving such officer or servant, such notice as is required to be given by the terms of his employment and every officer or servant whose services are so discontinued, shall be entitled to such leave, pension or gratuity as he would have been entitled to take or receive on being invalided out of service if this ..... such leave, pension or gratuity as he would have been entitled to take or receive on being invalided out of service if this act had not been .....
Tag this Judgment!Court : Karnataka
..... daily-wage basis prior to his appointment as apprentice trainee (shop assistant), at least from 3-5- 1990 till 2-5-1992, he was working as an apprentice on a consolidated salary and the respondent himself was conscious of such fact since he had requested the corporation and its authorities to absorb his services on a permanent basis purportedly on the basis of a promise held out at the time when he was interviewed for appointment to the post of apprentice ..... to a conclusion that the evidence act would not applicable and what is applicable is only principles of natural justice is again untenable since as can be seen from unnumbered para 2 of internal page 9 of the impugned order, what the respondent no.2 has said is that the technicalities of the indian evidence act is not strictly applicable, the authority has considered and examined each and every clause thereof and has come to a conclusion that ..... of contributory provident funds in the six major organized industries named in schedule i, except undertakings owned by the central or a state government or by a local authority. ..... that no bonus and gratuity is liable to be paid, it is another thing to say - 101 - wp no.362 of 2021 that bonus and gratuity is included in ..... been provisions through old age and survivors, pensions as has been done in ..... 8, 1963, the company advertised in a local newspaper of kolhapur that it had trucks in working condition for sale 8 (1968) 1 scr300- 49 - wp no.362 of 2021 and also trucks in working condition to be .....
Tag this Judgment!Court : Karnataka
..... rates due from the company to the central or a state government or to a local authority at the relevant date as defined in clause (c) of sub- section (8), and having become due and payable within the twelve months next before that date; (b) all wages or salary (including wages payable for time or piece work and salary earned wholly or in part by way of commission) of any employee, in respect of services rendered to the company and due for a period not exceeding four months within the ..... .) rights capable of being transferred to and vested in the workman, all amounts due in respect of any compensation or liability for compensation under the said act in respect of the death or disablement of any employee of the company; (f) all sums due to any employee from a provident fund, a pension fund a gratuity fund- or any other fund for the welfare of the employees, maintained by the company; and (g) the expenses of any investigation held in pursuance of section 235 or 237, in so far as they are ..... shall be made in the following order of priority, namely - first - the taxed costs of the petition, including the taxed costs of any person appearing on the petition whose costs are allowed by the court; next - the costs and expenses of any person who makes, or concurs in making, the company's statement of affairs; next - the necessary disbursements of the official liquidator other than expenses properly incurred in preserving, realising or getting in the properties of the .....
Tag this Judgment!Court : Karnataka
..... subsequent to gursewak singh s case referred to supra held that the employees of nagar nigam kanpur were 5 (2019) 6 scc103w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 14 entitled to gratuity despite ccs (pension) rules provided for them for payment of pension and gratuity in view of the fact that the central government by notification dated 08.01.1982 specified that the local bodies where ten or more persons are employed, the act shall apply. ..... these writ petitions having been heard and reserved for orders on13h april2022 coming on for pronouncement of order this day, the court made the following: order the above petitions are filed seeking quashing of the orders of the controlling authority/appellate authority under the payment of gratuity act, 1972 ( the act for short) awarding gratuity amount claimed by respondent no.1 with interest at 10% per annum. ..... circle bannerghatta road bengaluru 560 029 respondents (by sri d.s.shivananda, aga for r2 & r3; r1(a) to r1(d) served) this writ petition is filed under articles226and227of constitution of india praying to quash and set aside the order dated1612.2014 (annexure-c) passed by the assistant labour commissioner and gratuity controlling authority, mysore and quash and set aside the order dated0601.2016 (annexure d) passed by the w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 7 deputy labour .....
Tag this Judgment!Court : Karnataka
..... subsequent to gursewak singh s case referred to supra held that the employees of nagar nigam kanpur were 5 (2019) 6 scc103w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 14 entitled to gratuity despite ccs (pension) rules provided for them for payment of pension and gratuity in view of the fact that the central government by notification dated 08.01.1982 specified that the local bodies where ten or more persons are employed, the act shall apply. ..... these writ petitions having been heard and reserved for orders on13h april2022 coming on for pronouncement of order this day, the court made the following: order the above petitions are filed seeking quashing of the orders of the controlling authority/appellate authority under the payment of gratuity act, 1972 ( the act for short) awarding gratuity amount claimed by respondent no.1 with interest at 10% per annum. ..... circle bannerghatta road bengaluru 560 029 respondents (by sri d.s.shivananda, aga for r2 & r3; r1(a) to r1(d) served) this writ petition is filed under articles226and227of constitution of india praying to quash and set aside the order dated1612.2014 (annexure-c) passed by the assistant labour commissioner and gratuity controlling authority, mysore and quash and set aside the order dated0601.2016 (annexure d) passed by the w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 7 deputy labour .....
Tag this Judgment!Court : Karnataka
..... subsequent to gursewak singh s case referred to supra held that the employees of nagar nigam kanpur were 5 (2019) 6 scc103w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 14 entitled to gratuity despite ccs (pension) rules provided for them for payment of pension and gratuity in view of the fact that the central government by notification dated 08.01.1982 specified that the local bodies where ten or more persons are employed, the act shall apply. ..... these writ petitions having been heard and reserved for orders on13h april2022 coming on for pronouncement of order this day, the court made the following: order the above petitions are filed seeking quashing of the orders of the controlling authority/appellate authority under the payment of gratuity act, 1972 ( the act for short) awarding gratuity amount claimed by respondent no.1 with interest at 10% per annum. ..... circle bannerghatta road bengaluru 560 029 respondents (by sri d.s.shivananda, aga for r2 & r3; r1(a) to r1(d) served) this writ petition is filed under articles226and227of constitution of india praying to quash and set aside the order dated1612.2014 (annexure-c) passed by the assistant labour commissioner and gratuity controlling authority, mysore and quash and set aside the order dated0601.2016 (annexure d) passed by the w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 7 deputy labour .....
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