Court : Chennai Madurai
..... to remit the contribution till 23.08.2006 to the second respondent in the name of the petitioner calculating the epf on par with the other employees of the first respondent therein, namely, the management, m/s.southern roadways limited, madurai and direct the second respondent therein, namely, the regional provident fund commissioner, employee's provident fund organization, madurai to pay back the said amount to the appellant and with a further direction to pay the pension ..... as rightly contended by the learned senior counsel for the petitioner, as per section 2(b) of the act, basic wages means all emoluments which are earned by an employee while on duty or (on leave or on holidays with wages in either case) etc. ..... thereafter, the appellant has approached the management for settlement of employees provident fund as well as gratuity and since no positive response is forthcoming, the appellant had approached the controller of authority under the payment of gratuity act,1920, who allowed the claim of the appellant. ..... presiding officer and others. 11. .....
Tag this Judgment!Court : Chennai Madurai
..... suspension order should not extend beyond three months if within this period the memorandum of charges/cherished is not served on the delinquent officer/employee; if the memorandum of charges/chargesheet is served a reasoned order must be passed for the extension of the suspension. ..... power conferred upon them by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the criminal case pending would be concluded after an unusual delay for no fault of the ..... to avail further opportunity to perpetuate the alleged misconduct or to remove the impression among the members of service that dereliction of duty will pay fruits and the offending employee may get away even pending inquiry without any impediment or to provide an opportunity to the delinquent officer to scuttle the inquiry or investigation to win over the other witnesses or the delinquent having had an opportunity in office to impede the progress of the investigation or inquiry etc. ..... employee should or should not continue in his office during the period of enquiry is a matter to be assessed by the disciplinary authority concerned and ordinarily the court should not interfere with the orders of suspension unless they are passed in mala fide and without there being even a prima facie evidence on record connecting the employee ..... due to the employee's continuation in office is also a .....
Tag this Judgment!Court : Chennai Madurai
..... the fourth respondent has made wrong calculation and the petitioner has paid the monthly rent from 01.06.2001 to 31.08.2008 from his salary, which was deducted and sent to the fourth respondent office and passed the present impugned order, which is totally non application of mind and the against the principles of natural justice on the part of the respondents particularly the fourth respondent herein. 28. ..... as per the g.o.no.986 (housing and urban development corporation) dated 18.07.1986 when the employee is residing in the government quarters house, if the government employees are shifted to else other place, viewing the family situation and children s education, the same government servants are permitted to stay at the same (present) government ..... he has also further states that but the fourth respondent namely executive engineer, administrative officer, tamil nadu housing board, trichy-20 has directed the petitioner to vacate the premises from ..... month of november 2008 itself, he has vacated the above quarters and ready to hand over the possession of the said house to the officers concerned, but the officers did not accept to get house key from the petitioner. ..... but, this petitioner being the government employee non-co-operated and refused to deliver the house to their ..... executive engineer of trichy housing unit office has not mentioned about any such penal rent and by taking vengeance motive only this impugned order has been passed and demanded to pay the alleged penal rent amount .....
Tag this Judgment!Court : Chennai Madurai
..... of the said judgment is extracted here under:- to appreciate this contention, we have been taken through the findings of the enquiring officer and charges 1(a) and 1(d) as well as the reasonings and ultimate conclusion of the disciplinary authority on those two charges. ..... the supreme court, the disciplinary authority has to give reasons for his differing from the enquiry officer's conclusions, to the delinquent and give the delinquent an opportunity to submit his objections. ii ..... in (2004)13 scc 797, it is made clear that disciplinary authority taking a different view is required to record its tentative reasons therefor and give it to the delinquent officer for giving him an opportunity to represent, before recording its ultimate findings. ..... when the petitioner had crossexamined the departmental officer with a suggestion, whether all the members put their signatures in the purchase stock register and in the purchasing medicine covers, the departmental officer has stated that the members including this petitioner did not ..... moreover, the joint director of animal husbandry, thoothukudi is having his office at thoothukudi with sufficient staff members such as section superintendents, section assistants, manager, specialist (in the cadre of ..... when the employee is imposed with a punishment of stoppage of increment for even two years without cumulative effect, it could be construed only as a minor punishment and he could not be denied further promotion solely based on the same, if he .....
Tag this Judgment!Court : Chennai Madurai
..... earned leave encashment and pay commission arrears were made, but the claim for payment of gratuity to the petitioner was audited and the bills were returned by the district treasury officer requiring certain certificates regarding settlement of pending charges on disciplinary proceedings against the writ petitioner; that subsequently, as per instructions of the vigilance and anti-corruption department, the disciplinary ..... chosen not to proceed with any criminal prosecution and express content with the initiation of the disciplinary proceedings, ought not to have taken an upper hand to dictate terms to the enquiry officer as to how the enquiry was to be conducted; that expectation of the vigilance and anti-corruption department to conduct the disciplinary enquiry in the presence of the inspector of vigilance will ..... to avoid suspension of the government servants on the eve of retirement, but also acted with material irregularity vitiating his proceedings by not accepting the enquriy report submitted by the enquiry officer and directing re-enquiry on the dictation of the fourth respondent; that the impugned order directing re-enquriy will virtually amount to a double jeopardy and that the only reason assigned for ..... allegation made in the charge and he had no connection, whatsoever, with "amudhu arts"; that he was not running the said concern "amudhu arts" nor was he an employee of the said concern and that he did not work anywhere else either as an artist or in any other capacity. .....
Tag this Judgment!Court : Chennai Madurai
..... the aforesaid order, the director technical education also instructed the arulmighu palaniandavar polytechnic that whenever vacancies arose in the post of teaching staff, the institution should invite a list from the district employment office and also make paper advertisement, inviting applications and thereafter persons should be selected through the selection committee. 22. ..... it appears that a person, by name ramesh, who was working in the post of junior drafting officer, was given promotion to the post of instructor, after he obtained orders from this court. ..... while considering the cases of the writ petitioners, the cases of the employees similarly placed shall also be considered in accordance with law. ..... (md)no.23 of 2012 filed by the individual employee is allowed and the order of the learned judge is set aside. ..... (md)no.13898 of 2011 seeking the issue of a writ of mandamus to direct the management of the polytechnic to promote him to the post of instructor on the ground that if he succeeds in his case for promotion to the post of junior drafting officer, he is also entitled to the next higher post of instructor. ..... these rules cover the posts of junior drafting officer and other posts. 31. ..... therefore, the first respondent in the appeal gave a representation dated 27.2.2009 seeking promotion to the post of junior drafting officer. ..... degree in civil engineering and started claiming promotion to the post of junior drafting officer. .....
Tag this Judgment!Court : Chennai Madurai
..... external injuries noted at the time of autopsy, internal injuries found on dissection and the condition of the internal organs found by him at the time of autopsy, pw9 - medical officer gave opinion that the deceased appeared to have died of shock and haemorrhage due to multiple cut injuries and injuries to the vital organ viz. ..... x) the 8th accused suresh s/o.kadiresan, 9th accused shahul hameed and 10th accused suresh s/o.madhar were arrested by the investigating officer at 2.00 hours on 09.10.2005 at a place in front of pillaiyar temple, thanjavur town in the presence of pw14-pakkrisami ..... furnished by the third accused gajendran in his voluntary confession statement, admissible portion of which has been marked as ex.p37, the investigating officer (pw21) recovered mo11 to mo13-aruvals under ex.p13 mahazar in the presence of the above said witnesses. ..... hours, the third accused gajendran, 5th accused kalivaradhan and 6th accused senthilkumar were arrested by pw21 near the railway gate on the mariyamman koil road in the presence of pw12-tmt.uma, village administrative officer of pudhupattinam and pw13-senthil vadivelan, village assistant of the same village. ..... hand, there is also an admission by pw1 that deceased siva.gnananadatharasu was having a xerox centre at the old bus stand of thanjavur and pw4 - kaliyaperiumal was an employee at the xerox centre. ..... pw1 is a railway employee, employed as a booking clerk, who used to go to tiruchirapalli ..... is admittedly an employee of the deceased .....
Tag this Judgment!Court : Chennai Madurai
..... hundred and eighty three only), out of which the third respondent deducts its contribution of my provident fund whereby i get a net consolidated monthly salary of only fourteen thousand rupees, whereas my counterparts, namely, administrative officers, in other establishments get about fifty thousand rupees each as their monthly emoluments, in addition to provident fund account, death-cum-retrenchment gratuity and other benefits. ..... hon'ble supreme court, in this case was pleased to hold, that departmental proceedings against an employee for taking recourse to civil suit, to challenge the order of recovery amounted to contempt of court ..... to be accepted, that the first respondent is the state, within the meaning of article 12 of the constitution of india, then before filling up the post, it was bound to give opportunity to all eligible persons, and cannot absorb the employees, who got employment through back door entry. 21. ..... 6 of the affidavit of the petitioner reads as under:- i respectfully submit that, in spite of all the above, the fact remains that i have not been absorbed by the first respondent as its employee, but i continue to be as if hired by it from the third respondent. ..... it is admitted by the petitioner himself, he was never employee of the first respondent, to allege, that relieving him from duty is an act of malafide. ..... of the petitioner is, that he was not absorbed by the first respondent, as its employee, but was treated, to be an employee of the third respondent. .....
Tag this Judgment!Court : Chennai Madurai
..... the advocate commissioner is permitted to withdraw the amount from the bank and disburse the same to the 130 permanent employees with the assistance of the learned counsel for r4 and the petitioner management. 18. ..... whether it is the product of the company or the product of the customers, the employees have no right to obstruct the products being taken out from the premises of the company, more especially when the claim for salary has been settled as agreed to by the petitioner. 19. ..... in fact, but for the petitioner agreeing to settle the claim of the employees, even the initial appointment of commissioner itself would not have been permissible. ..... as the management agreed to settle the salary dues of the employees in the peace committee meeting and accordingly, as the petitioner management is ready to part with a sum of rs.80 lakhs towards payment of salary, no further enquiry is required. 17. ..... b) the company has utilized the services of the retired employees of bhel and they are being paid very high. ..... however, having regard to the interest of the poor employees, whose salary was agreed to be paid by the petitioner, the initial step of appointing the commissioner is justified. 13 ..... the significant development stated to be with reference to the salary payable to the employees of which the petitioner was ready to make arrangements. 10. ..... the company is the petitioner, engaged in the manufacture of industrial boilers and power plant equipments, having its registered office at trichirappalli. .....
Tag this Judgment!Court : Chennai Madurai
..... the land acquisition officer and revenue divisional officer, palani and others] iv) 2006 (1) ctc 161 [the government of tamil nadu vs. ..... employees general welfare sangam and others] v) cdj 2008 sc 349 [c.radhakrishna (d) by lrs. vs. ..... 2004 (3) ctc 270 (the executive officer, kadathur town panchayat vs. v. .....
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