Court : Chennai
Reported in : [2000(85)FLR933]; (2000)IILLJ313Mad
..... it is contended by the petitioner that the impugned awards suffer from errors apparent on the face of the records and hence liable to be quashed, that in both the cases the employees were found guilty of the offence/misconduct and that in both the cases while interfering with the penalty the labour court failed to exercise discretion in accordance with section 11-a and the various ..... of the enquiry report and in view of the seriousness of the negligence indulged in by the workman and after considering his refusal to carry out the instructions the management issued the employee a second show-cause notice, dated july 15, 1988, to which the workman submitted his explanation, dated july 21 and august 20, 1988, and eventually the first respondent was dismissed from ..... a domestic enquiry was held in the matter and the enquiry officer found the employee guilty and since theft was involved, the management by its letter, dated march 7, 1988, dismissed the ..... a domestic enquiry was held in the matter and the enquiry officer found the employee guilty and since theft was involved the management by its letter, dated march 7, 1988, dismissed the ..... the enquiry officer found the employee guilty of the charges and observed that but for the situation being noticed, in time, there could have been an accident (sic) as the 1 lifts ..... the enquiry officer found the employee guilty of charges and observed that but for the situation being noticed in time, there could have been an accident as the lifts had no .....
Tag this Judgment!Court : Chennai
Reported in : (1995)1MLJ90
..... counsel appearing for the respondent would argue that beedi workers welfare fund act is not a special act and it is a misnomer to call it as a special act and it is only the employees' state insurance act a special act which is a comprehensive one and that benefits conferred under the two acts are different and the scope of the two acts are also different will be seen from ..... the welfare of the workers under him under the beedi workers welfare benefit fund which is a special act and therefore no contribution could be demanded under the employees' state insurance act which is the general act since benefits contemplated under the employees' state insurance act are already made available to the workers and the learned district judge has committed an error in holding that there are more than 20 ..... when the applicant's only witness says that the inspecting officer has perused the account books and when the inspecting officer states that he has sent a report to the effect that there are more than 20 employees, the applicant could have very well proved that there are less than 20 persons in the institution by producing those registers perused ..... by that act is a basic benefit which cannot be avoided if the act could be applicable and only in case a worker gets a benefit under the employees' state insurance act, then he can be denied a similar benefit under the provisions of another enactment and therefore merely because under the beedi workers welfare fund act and another act, certain .....
Tag this Judgment!Court : Chennai
Reported in : (1975)2MLJ347
..... the members of the civil service who form part of the essential and regal administrative machinery of the government.so far as the members of the tamil nadu non-gazetted government officers' union, who were employees of industries conducted by the government were concerned, the division bench expressly left the question open after making the following observation:it is not necessary for us to express any view ..... the registrar, in that case rejected their application after holding that the association of ministerial employees of the administrative department or office of the government press, madras, could not claim to be a trade union, ..... the matter came up before the calcutta high court and the division bench held that the employees' state insurance corporation carried on' a 'trade' or 'industry'' and the employees thereof were 'work-men' as defined in clause (g) of section 2 of the said act.in support of this proposition, the learned judges gave their reasons as follows (at page 58):it will ..... be also the registrar of trade unions, sent a communication to the secretary of the government press employees' union on 1st july, 1971, regretting his inability to register the trade union under the trade ..... for the reasons which 1 have already-stated, i have little hesitation in holding that the respondent (government press, employees' union) is an association of workmen employed in an 'industry', no matter whether it is an industry conducted by the government or by the private sector and .....
Tag this Judgment!Court : Chennai
Reported in : 1997(2)CTC200; (1997)IILLJ166Mad
..... such person - (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to ..... venkatesan 1992 i llj 627, the question considered was, whether the city civil court, madras has got jurisdiction to entertain the suit filed by the respondent-employee for a declaration that the order transferring him to pannaipuram is mala fide, illegal and unjust and for consequential permanent injunction restraining the petitioner-management from transferring him ..... for the respondent contended that there is no exclusion of the jurisdiction of the civil court to adjudicate the issue and that the respondent, a permanent employee in the petitioner corporation as an active trade unionist and because of his trade union activities, the respondent was transferred and posted to pondicherry with ..... the advent of the industrial disputes act, which is described as the common law by learned counsel for the respondent, did not recognise any right in an employee to question an order of the employer falling strictly within the terms of the contract on the ground that it was a mala fide act of victimisation. .....
Tag this Judgment!Court : Chennai
Reported in : (1999)ILLJ949Mad
..... learned counsel for the first respondent - management, while adopting the reasons assigned by the learned single judge and reiterating the stand taken before the second respondent-labour court, contended that the employee in question neither made a grievance about the non-payment nor asserted a claim for the payment of subsistence allowance and, on the other hand, had participated effectively in the domestic enquiry cross- ..... second additional labour court 1995 1 llj 1022, holding that the findings recorded by the labour court presided over by the judicial officers of the rank of district judges, on preliminary issues such as whether the domestic enquiry has been fair or proper or the labour court has jurisdiction to entertain the dispute or whether a person claiming the status as a workman is ..... fenn walter, while inviting my attention to the decisions even referred to before and relied upon by the presiding officer of the second respondent-labour court, contended that the reasons assigned by the learned single judge to set aside the preliminary order and allowing the writ petition filed by the management are ..... was said to have been conducted after obtaining his explanation dated november 8, 1977, and the enquiry officer seems to have submitted a report dated march 20, 1978. ..... presiding officer 1996 1 llj 566 was also a case wherein the industrial tribunal having held that the management had not conducted the domestic enquiry properly asked the management to lead evidence before it .....
Tag this Judgment!Court : Chennai
Reported in : (1979)IILLJ186Mad
..... ramaswami, for the appellants, contends that the supreme court in a series of cases has held that even though service conditions provide for the automatic termination of service for absence or desertion from duty by an employee, still the employee is entitled to a hearing on the question as to whether the absence or desertion from duty was not voluntary but was due to circumstances beyond his control and that if the absence or desertion from duty ..... will mean that his services are automatically terminated on the happening of the contingency, that it is not understood how a workman who has lost his lien on his appointment can continue in service thereafter, that the employee's service in that case stood automatically terminated in view of his not reporting for duty after the expiry of his leave and that, therefore, there is no question of any contravention of section 33 of the industrial ..... , the supreme court, after reviewing the earlier decisions above referred to, took the view that those are not the only powers of the courts in relation to the orders of the government or an officer of the government who has been conferred with discretionary powers under any statute and that as per the decision of the house of lords in padfield v. ..... in that case the state government, on receipt of the report of the conciliation officer, had found that the petitioner was not a workman within the meaning of the act and, therefore, declined to make a reference stating that it is not a fit ..... officer .....
Tag this Judgment!Court : Chennai
Reported in : (1979)IILLJ262Mad
..... into the fairness and reasonableness of the conditions incorporated in the settlement; that reference made to gratuity act or the provisions made for provident fund had no relevance because they are benefits earned by employees and in fact even under the grauity act, under section 2(c), the age of retirement is 58 and there is no reason as to why a different age should be prescribed under the standing ..... was entered into between the parties, a draft standing order which had been already submitted by the petitioner on 24.5.1976 was pending consideration before the certifying officer, and that, therefore, withdrawal of some of the demands could not mean that they stand in the same position as that of those terms and ..... ramasubramanian, would rightly contend that the concerned employees are bound by the agreement and they cannot, by resorting to the provisions of act xx of 1946, seek to get over an agreed term and when the certifying officer had been apprised about the existence of the agreement, he had correctly held that during the period of agreement, clerical and administrative staff cannot ..... is obvious that first respondent had taken into account only the likely contingency that may be faced by the employees, and it cannot be said that providing casual leave will be beyond the jurisdiction of certifying officer or appellate authority under the act. ..... up necessitating sudden absence of an employee, he be in government service or any other office or in an industrial undertaking. .....
Tag this Judgment!Court : Chennai
Reported in : (1990)2MLJ114
..... after he has attained 50 years of age or has completed 25 years' service or 25 years pensionable service as the case may be, by giving him three months' notice in writing or pay in lieu thereof.provided further that an officer who has completed 25 years' service or 25 years' pensionable service, as the case may be, may be permitted by the executive committee to retire from the bank's service, subject to his giving three months' notice in writing or ..... of service while paragraph 19(2) declares through a deeming provision that if an officer ceases to be in the bank's service by the operation of or by virtue of any provision of the order, he shall not be deemed to have retired from the bank's service for the purpose of imperial bank of india employees pension fund and guarantee fund rules or the state bank of india employee's fund rules, unless such cessation of service has been sanctioned as retirement ..... notwithstanding any thing to the contrary in this order, no officer who has ceased to be in the bank's service by the operation of, or by virtue of, any provision shall be deemed to have retired from the bank's service for the purpose of the imperial bank of india employees' pension arid guarantee fund rules or the state bank of india employees' pension fund rules unless such cessation of service has been sanctioned as retirement for the purpose ..... order, 1979, any disciplinary proceedings can be initiated against an officer only before he ceases to be an employee in the bank service. .....
Tag this Judgment!Court : Chennai
Reported in : (1995)1MLJ604
..... dismissal discharge or retrenchment has led to that dispute, but does not include any person who is subject to the air force act, or the army act, or the navy act: or who is employed in the police service or as an officer or other employee of a prison; or who is employed mainly in a managerial or administrative capacity or in a supervisory capacity on wages exceeding one thousand six hundred rupees per mensem, or by the duties, attached to the ..... 'appointment' in article 16(1) includes termination of or removal from service; and when it was contended that articles 14 and 16(1) have no application whatever to the case of a temporary employee whose service is terminated in accordance with the terms and conditions of his service, because the tenure or the duration of the employment of such an employee is extremely precarious being dependent upon the pleasure and discretion of the employer- state the supreme court has said: in our opinion no such generalisation ..... equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state, moreover, according to the principle underlying section 16 of the general clauses act, the expression, 'appointment' used in article 16(1) will include termination of or removal from service also.to another argument with reference to the terms of the contract embodied in the letter of appointment that the employee's service was purely temporary and was liable to termination at the will and .....
Tag this Judgment!Court : Chennai
Reported in : (2001)IIILLJ178Mad
..... his option for pension even as early as july 27, 1994, but he has been denied his pension on the ground that his signature had not been attested by the designated officer of the respondent-bank under whom he had worked last before the last date for option, viz. ..... it is not incumbent upon the respondent to send communication to all the retired employees to exercise their option, when the iba of which this respondent is a member had issued a press release to the employees to contact their head office. ..... respondents that it is not incumbent upon the respondent to send communication to all the retired employees to exercise their option, when the iba of which this respondent is a member had issued a press release to the employees to contact their head office. ..... a revised pension scheme and the same is governed by the bharat overseas bank limited employees (pension) regulations, 1995, framed by the board of directors of the respondent-bank ..... the pension scheme and the benefits will be available to the eligible employees including those who retired after june 1, 1986, but before november 1, 1993, provided they exercise ..... it is to be noted that as per regulation 3(9), an option already exercised by an employee before the notified date should be deemed to be an option under the bank's pension regulations, 1995, if such an employee would refund within 60 days from the notified date the amount of the bank's contribution to provident fund including interest accrued together with further simple .....
Tag this Judgment!