Court : Chennai
..... the writ petition, who is the appellant in the present writ appeal, had preferred an appeal before the first respondent tribunal, under section 7-i of the employees provident funds and miscellaneous provisions act, 1952, (hereinafter referred to as the act), challenging the order passed by the second respondent, under section 7-a of ..... fund commissioner-ii employees provident fund organisation regional office dr.balasundaram road ..... provident fund commissioner-ii employees provident fund organisation regional office dr.balasundaram road coimbator ..... , who had been employed by the petitioner mill, were actually contributing to the production of the petitioner mill like the regular employees and therefore, they are entitled to be enrolled into the employees' provident funds scheme, 1952, under para 26-b of the said scheme.7. ..... the apprentices act or under the standing orders is excluded from the definition of an employee, as per section 2(f) of the employees provident funds and miscellaneous provisions act, 1952.16. ..... called upon to determine the status of 159 employees of the petitioner mill and to find out if they are covered under the provisions of the act, and if the management of the petitioner mill had failed to enroll the eligible employees into the employees provident fund scheme, 1952. ..... of the division bench of this court, cited supra, that the apprentices, who are doing the regular work, ought to be considered as the employees of the establishment concerned and not mere apprentices. .....
Tag this Judgment!Court : Chennai
..... as the department is bound to place the government servant in a particular post, to acquire the service qualification, the officer/employee cannot be blamed for not possessing such service qualification. ..... respondents, that the appellant has not asked for such a posting in a corporation" 3.in view of the circumstances mentioned in para 1 and 2 above, the departments of secretariat and the head of department are therefore requested to post the officers to the particular training/wing in which working experience is required for promotion/appointment to higher post under special rules at the earliest, strictly on the basis of seniority and if any, official does not join the training ..... it is stated therein that the appellant was not considered for inclusion in the panel, as he was not having the required length of service in the post of labour officer, or adminstrative officer or public relations officer for a period of 12 months, under rule 2 of the special rules for the tamil nadu labour service. ..... however due to some reasons or the other, the officers are not allowed to acquire the training of experience by posting them to such wing as required in the special rules. .....
Tag this Judgment!Court : Chennai
..... the assessing officer pointed out that the credit entry have come from the parents, brothers, friends and employees of j.senthil ..... since senthil kumar was an assessee and also submitted before the assessing officer that the credits in his bank account had been offered before his assessing officer, nothing further was required to make addition at the hands of the ..... thereby confirming the order of the commissioner of income tax (appeals) that there are entries in the accounts of senthil kumar and that the credits in the accounts of senthil kumar were considered by the respective assessing officer to make any further addition at the hands of the assessee on the sum of rs.15 lakhs. ..... response to the notice, the said senthil kumar appeared before the officer and he was asked to explain the various credit entries. ..... in the background of these facts, the income tax officer proposed to treat the investment in the property as ..... thus, after hearing the assessee, the officer passed the order of assessment apart from proposing penalty ..... on the above statement, the assessing officer also caused verification on various accounts. ..... the assessing officer found that the assessee had gifted the share of the property to her daughter and that the son-in-law claimed that he had returned all the amounts ..... the assessing officer further pointed out that contrary to her assertion that she had given a sum of rupees six lakhs by way of sale of jewellery, her son in law senthil kumar stated that the assessee had given .....
Tag this Judgment!Court : Chennai
..... the enquiry officer has found the charge sheeted employee to be guilty of the misconduct and filed his report. ..... order the writ petition is filed by the employee against the award passed in id.no.71 of 2001 by the firs.respondent/labour court. ..... in the cases dealt with by the hon'ble supreme court, it is held that such attitude and conduct of the employee amounts to negligence and lack of interest. ..... hence this writ petition by the employee before this court. ..... 07.04.2014 index : yes/no internet : yes/no tsh to 1.the presiding officer, labour court, pondicherry. ..... in the high court of judicature at madras dated : 07.04.2014 coram: the honourable ms.justice k.b.k.vasuki w.p.no.36164 of 2003 m.h.aahamed hussain .petitioner versus 1.the presiding officer, labour court, pondicherry. ..... the presiding officer, labour court and tamil nadu state transport corporation (sales division-i) ltd.formerly known as anna transport corporation ltd. ..... presiding officer, labour court, coimabtore and another 2.2006 (3) lln180 north eastern karnataka road transport corporation v. .....
Tag this Judgment!Court : Chennai
..... 1986 - more than three decades have passed, housing scheme has not been implemented - it is quite obvious that petitioners' lands are absolutely not necessary for any scheme - adangal extract issued by village administrative officer shows that petitioners are cultivating land and are in continuous possession - no documentary proof filed by respondents to show that compensation amount had been paid to petitioners - transfer certificate filed by respondent to show that ..... the whole layout approved by the deputy director of town and country planning at chengalpattu vide no.csar/dtcp-m-27-174/lp-129 and he availed a housing loan by mortgaging the said land to the chief superintendent's office at his office at chennai and also obtained building plan permission from the commissioner, panchayat union, kattankolatur vide d.dis.3005/89, dated 06.06.1989 and constructed a house therein. ..... the very competent government advocate mr.b.vivekavanan appearing for the third respondent submits that the land acquisition officer had acquired the lands to an extent of 36.04 acres under the old act after observing all the legal formalities prescribed in the land acquisition act, 1894 and award was passed for the ..... further, the state government has decided to drop the acquisition proceedings and forwarded their decision to district revenue officer, who in turn, reconnected the same to the first respondent namely secretary, attached to the housing and ..... the petitioner is a poor employee and does not have .....
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..... aggrieved by the order made in o.a.no.263 of 2014, dated 12.03.2015, by which, the central administrative tribunal, madras bench, has directed the the general manager, assistant general manager and accounts officer, bsnl (bharat sanchar nigam limited), sreerangapalayam, salem, respondents/writ petitioners, to disburse the monthly pension of the applicant/1st respondent, from 30.04.2011 and pay the entire retirement benefits, leave ..... servant has been placed under suspension from an earlier date, on such date; and judicial proceedings shall be deemed to be instituted, (i) in the case of criminal proceedings, on the date on which the complaint or report of a police officer, of which the magistrate takes cognizance, is made, and (ii) in the case of civil proceedings, on the date the plaint is presented in the court. 9. ..... not put on the term 'judicial proceedings', it would amount to giving a licence to any private person, including even a colleague of the government employee, by filing a complaint against him and thus, depriving him of pensionary benefits. ..... is recorded, either in the departmental inquiry or judicial proceedings that the employee had committed a grave misconduct in the discharge of his duty while in his office. ..... the amount having regard to the period of service and other allied matters, it may be necessary for the authorities to pass an order to that effect, but the right to receive pension flows to an officer not because of the said order but by virtue of the rules. .....
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..... (d) dated 19 may 2009 provides that the right to exercise the option is given only for those employees who have been granted acp upgradation between 1 january 2006 and 31 august 2008. ..... the learned counsel for the petitioner contended that some of the other employees have been given the benefit and the petitioner was singled out. ..... the petitioner wanted to exercise the option given to the employees by macp scheme dated 19 may 2009. ..... in case any of the other employees got the benefit illegally, the same cannot be a reason to confer benefits on the petitioner, notwithstanding his ineligibility. ..... the macp scheme found in the office memorandum issued by dpot no.35034/3/2008/estt. .....
Tag this Judgment!Court : Chennai
..... recognise the union, inter alia, on the grounds, that there is no recognised union for the prison services in the prison department of tamil nadu, and that it is not necessary to have such a union to the employees apca, which is imparting training to the prison officers; that apca is required to maintain discipline, high standard and strict adherence to the rules and regulations and that though it is registered under tamil nadu societies registration act 1975, the ..... the petitioner has contended that the director, academy of prisons and correctional administrations, thorapadi, vellore - 632 002, third respondent, and chief executive officer of apca, while preparing an agenda for placing it before the board of director's meeting to implement the andhra pradesh revised scales of pay rules, 2015 to the employees of apca, ought to have also prepared an agenda, well in advance to implement g.o.ms.no.147 dated 30.06.2014 of the andhra pradesh government, in which retirement age ..... 32.contention of the petitioner that the director, academy of prisons and correctional administrations, thorapadi, vellore - 632 002, the third respondent herein has no jurisdiction and not the competent authority to pass orders on retirement of employees has been denied, and on the contra, it is submitted that the 3rd respondent being the head of the institute and also the appointing authority for all the posts, up to office superintendent is competent to pass orders of retirement. 33. .....
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..... wherein it was held that in para no.14 as follows:- "(i) the currency of a suspension order should not extend beyond three months if within this period the memorandum of charges/charge sheet is not served on the delinquent officer/employee; (ii) if the memorandum of charges/charge sheet is served a reasoned order must be passed for the extension of the suspension. ..... the petitioner has further stated that in a similar circumstance, three other station fire officers employed in various district have been reinstated in service, but such a benefit has not been extended in his favour ..... the learned counsel for the petitioner brought to the notice of this court that three other officers who are similarly placed like the petitioner namely (i) mr. j. ..... the learned counsel for the petitioner would further contend that in the criminal case registered against the petitioner, the investigation officer has filed a charge sheet and it was taken on file as c.c. no. ..... the petitioner also informed the superior officer that the applicant has not submitted the site plan and requested the divisional fire officer to inform the applicant to enclose the same ..... immediately, the investigation team rushed into the office and forced the petitioner to take the money and give it to ..... /a4/2013 dated 12.09.2015 on the file of the first respondent and quash the same and direct the respondents to reinstate the petitioner back in service as assistant divisional fire officer with back wages and other attendant benefits.) 1. .....
Tag this Judgment!Court : Chennai
..... ashok kumar and he has sworn to the affidavit on behalf of his minor son stating among other things that he is a permanent group 'a' employee under the puducherry union territory in the department of health and family welfare and presently working as the chief medical officer, nfsg in mahe region and continues to remain in service as on date. 3. ..... 2.5 of the centac information bulletin 2015-16, issued vide g.o.ms.no.27 dated 01.04.2015 of the chief secretariat (education) puducherry and it is relevant to extract the same: forread2.5(c) children of central/state government servants/defense personnel central paramilitary forces/employees of public sector undertakings wholly or substantially run either by the puducherry union territory administration posted and serving in the puducherry ut for at least a minimum period of one year prior to the last date of submission of application2.5 (c) (i) children ..... whose parents are central/state government servants/defense personnel central paramilitary forces/employees of public sector undertakings wholly or substantially run either by the central government or by the puducherry union territory administration, posted and serving in the puducherry union territory for at least a minimum continuous period of three years immediately .....
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