Court : Chennai
Reported in : (1989)ILLJ149Mad
..... sundar, learned counsel for the petitioner, urged the following contentions in support of his prayer :- (i) the bank is not liable to pay bonus to the above employee, since the above employee is only a sweeper, who sweeps the building for 15 minutes or deputes some one else to do the work and that, this contention had been made clear to the respondent, even in the reply to the ..... section 22 of the act dealing with disputes relating to bonus could also be usefully extracted : 'where any dispute arises between an employer and his employees with respect to the bonus payable under this act or with respect to the application of this act to an establishment in public sector, then such dispute shall be deemed to be an industrial dispute within the meaning of the ..... on the allegation, that the bank of thanjavur of which the petitioner is the chairman and chief executive officer, is a company within the definition of section 2(8) of the act and the petitioner is an employer within the definition of section 2(14) of the act, responsible for the compliance of the provisions of the act, and the labour enforcement officer (central), tiruchi, having jurisdiction over the establishment of the petitioner, inspected the bank on 3rd february 1984 ..... it is not denied that the petitioner is the chairman and chief executive officer of the bank and is, therefore, responsible for the affairs of the ..... the prosecution is launched by the officers appointed to enforce the act for violation of the provision of .....
Tag this Judgment!Court : Chennai
Reported in : [1997]88CompCas68(Mad); [1997(75)FLR404]
..... the facts leading to the summary trial cases are as follows : pw-1, ramanathan, is the manager in the local office of the employees' state insurance corporation at palanganatham. ..... on the reason that the evidence of pws-1 and 2 is contradictory as pw-1 says that contributions by the employees towards insurance have not been paid, while pw-2 says that contributions have been paid after the stipulated time. ..... from the above observation, it is clear that failure to make payment of the contributions of employees towards insurance, within the specified period can give rise to a prosecution, irrespective of the fact that the amount has been subsequently paid. ..... both the cases ended in acquittal in respect of the charge under section 85a of the employees' state insurance act, 1948, by two different judgments dated december 30, 1986. ..... aggrieved over these two judgments, the present action has been resorted to by the employees' state insurance corporation, represented by the insurance inspector (legal), madurai. 5. ..... the said mill was inspected by pw-1, ramanathan, on april 29, 1986, and it was found that the employees' contribution towards insurance for the period from january, 1986, to march, 1986, have not been paid within the stipulated period of 21 days, which is in contravention of section 40 read with regulation 31 of the employees' state insurance (general) regulations, 1950. .....
Tag this Judgment!Court : Chennai
Reported in : (1988)ILLJ119Mad; (1987)IIMLJ219
..... shall have the following functions, namely - (a) to carry on the general administration of the private school excluding the properties and funds of the private school; (b) to appoint teachers and other employees of the private school, fix their pay and allowance and define their duties and the conditions of their services; and (c) to take disciplinary action against teachers and other ..... while upholding the decision of the employer the supreme court observed that it is open to a servant who has expressed a desire to retire from service and applied to his superior officer to give him the requisite permission to change his mind subsequently and ask for cancellation of the permission thus obtained, but he can be allowed to do so only as long as he continues in service and not ..... compulsory resignation letter either at the time of appointment or subsequently from the employees in their school :- (1) whenever a teacher or other persons employed in a private school tenders his resignation of appointment, he shall inform the fact of his resignation in writing by registered post with acknowledgment due to the district educational officer, inspector of girl's schools or the deputy inspector of schools, concerned. ..... authorities did not make any enquiry to ascertain whether the resignation was voluntary or not until july 1983 when the chief educational officer wrote to the petitioner to send his explanation as to whether the resignation letter was obtained from him by force or whether .....
Tag this Judgment!Court : Chennai
Reported in : (1991)ILLJ285Mad
..... at the end of february 1979, the second respondent received a memo from the branch manager of the tuticorin branch to the effect that under instructions from divisional office in supersession of the earlier order dated 29th july 1978 he was being informed that the management on reconsideration of the entire matter has treated his transfer as a request ..... the bank to show that whenever a request for transfer is made to a particular station in another division, the transfer order will only be directing the employee to report to the divisional office under whose jurisdiction the other station is situated and to take posting orders. ..... sent on may 11, 1977 by the assistant general manager, central bank of india, southern zonal office, madras-6 to the divisional office, madras and the divisional office, madurai advising them that the second respondent was transferred to madurai division in the same capacity. ..... statement referred to a particular instance, where an employee working in a division was transferred to a branch office in another division directly without being transferred to the divisional office in the first instance. ..... employee will be eligible for transfer from one station to another station within the same division on completion of three years continuous service, reckoned from the date of probation, subject to the provision that if a transfer is sought to an office in rural area within the same division, it can be granted on completion of two years service by the employee. .....
Tag this Judgment!Court : Chennai
Reported in : [1983]144ITR638(Mad)
..... to meet depreciation of or loss on the realization of investments shall be allowed s a deduction and any sums taken credit for the in the accounts on be treated as part of the profits and gains : provided that the income-tax officer is satisfied about the reasonableness of the amount written off or reserved in the accounts, as the case may be, to meet deprecation of or loss on the relation of investments : (c) such amount carried over to a reserve for unexpired risks ..... , the proper test to apply in this case is was the payment made as matter of practice3 which affected the quantum of salary or was there and expectation by the employee of getting a gratuity or was the sum of money expended on the ground of commercial expendiency and in order to indirectly facilitate the carrying on of the business.' 20. ..... during the assessment year the head office of the assessee-company transferred the provident fund account relating to the employees of the company transferred the provident fund account relating to the employees of the company of the singapore breach to the singapore breach, consequent on the coming into force of th singapore central provident fund ordinance, which made it obligatory to invest the provident ..... head office of the assessee-company was originally keeping the provident fund amount accumulated relating to its employees ..... 26,955 made buy the assessee to the recognised provident fund of the employees of the company on account of the devaluation of the indian rupees would be .....
Tag this Judgment!Court : Chennai
Reported in : AIR1966Mad57
..... such a scheme is in force before the application of the provident funds act and the scheme thereto, on the application of any scheme to that establishment, the accumulation in that provident fund standing to the credit of the employees who became members of the fund under the scheme shall be transferred to the fund. ..... notifications issued by the central government, the tribunal held that the provident fund in question would not enjoy the status of a recognised provident fund unless and until the scheme framed under the employees' provident funds act, 1952, had been applied to the establishment in question. ..... the assessee appealed, and his contention was that as a newspaper employee, within the meaning of the working journalists (conditions of service) and miscellaneous provisions act, 1955, the provident fund in question had to be deemed to be a recognised provident fund under ..... in the assessment for the year 1957-58, the income-tax officer held that as recognition of the provident fund was accorded by the commissioner only in march 1957, the sum mentioned above should be brought in for assessment to ..... of this act provided for the application of the employees' provident funds act, 1952 to such newspaper establishments. ..... this section reads thus :'the employees' provident funds act, 1952, as in force for the time being, shall apply to every newspaper establishment in which 20 or more persons are employed on any day, as if such newspaper establishment were a factory to which the aforesaid .....
Tag this Judgment!Court : Chennai
Reported in : AIR1969Mad33; 1969CriLJ206; (1967)IILLJ836Mad
..... that the said order was sought to be served; but remained in the premises after working hours preventing the petitioner from closing the premises for protecting and safeguarding his property, obstructing the of male employees from leaving the premises, indulging in insulting the members of the staff of the petitioner and intimidating the members of the staff of the non-striking workmen including lady members by using provocative language likely ..... and impound stray cattle; to collect and communicate intelligence affecting the public peace, and promptly to obey and execute all orders and warrants lawfully issued to him and it shall be lawful for every police officer, for any of the purposes mentioned in this section, without a warrant to enter and inspect any drinking shop, gaming-house or other place of resort of loose or disorderly characters.under section 41 of the act, the ..... federation at 176:even if we assume that the employees' entry in the premises was unlawful or that their continuance in the premises became unlawful, it is difficult to appreciate the argument that the said entry was made with intent to insult or annoy the superior officers.this observation, as stated already, was made in the context and circumstances of ..... , therefore, necessary to consider whether the striking workmen remaining in the factory after the working hours, will amount to criminal trespas (sic) non-violent and the employees had done nothing more than occupying their seats during office hours. .....
Tag this Judgment!Court : Chennai
Reported in : (1990)IILLJ340Mad
..... wings and branches of its own of the same category and giving the same or similar type of employment and governed by the same terms and conditions of service including emoluments, and the employee was put on notice at the time of entering into service that he was liable to be transferred to any one of the wings and branches of the employer. ..... the only averment made in the counter-statement in reply to the said averment is that there are about ii clerical employees in the sales accounts department and if the petitioner can persuade any other employee of his cadre to go on transfer to calcutta, the respondent has no objection to consider the transfer and retain ..... per the appointment orders issued in 1966 for clerks like him, they will be required to work at the registered office at armenian street or at carnatic house at perambur and that there was no express service condition that they were liable ..... it is true that if an order of transfer is made mala fide or for some ulterior purpose, like punishing an employee for his trade union activities, the industrial tribunals should interfere and set aside such an order of transfer because the mala fide exercise of power is not considered to be the legal exercise of the ..... r-2 to r-11, some other employees were also transferred from the head office to different places and that it cannot be said that for the first time the company is now passing the impugned order, further though it is not stated in the contract of appointment about the .....
Tag this Judgment!Court : Chennai
Reported in : (1983)IILLJ372Mad
..... majority were that the power of the management to terminate the services of any member of the teaching or other academic and non-academic staff was based on the relationship between an employer and his employees and no encroachment could be made on this right to dispense with their services under the contract of employment, which was an integral part of the right to administer, and that these provisions conferred ..... of making representation on any such penalty proposed to be inflicted on him; and (b) the penalty to be inflicted on him is approved by the vice-chancellor or any other officer of the university authorized by the vice-chancellor in this behalf, observed; 'the relationship between the management and a teacher is that of an employer and employee and it passes one's understanding why the management cannot terminate the service of a teacher on the basis of the contract of employment. ..... cover within its ambit every difference or dispute connection with the condition of service of the employees of an educational institution, however, trivial or insignificant it may be and the constitution officers are empowered to intervene in every such dispute of difference. ..... the contention of the learned counsel for the petitioner is that the authority of selection, appointment and dismissal of employees is one of essential ingredients of the right to manage an educational institution and that the relevant provisions of the industrial disputes act are not consistent with the freedom of the .....
Tag this Judgment!Court : Chennai
Reported in : (1982)ILLJ451Mad
..... sick leave on half-pay as may be assigned as sick leave but in any case not exceeding 50 per cent of such combined leave; (b) * * *provided that where an employee avails himself of any leave from the employer for sickness, maternity or temporary disablement, the employer shall be entitled to deduct from the leave salary of the ..... 's demand for grant of sick leave and its accumulation upto a period was rejected by the employers on the ground that the employees' state insurance act, 1948 provided more than adequate sickness benefits, and that any additional benefits would place a financial burden on the ..... is not possible to accept the first contention of the learned counsel for the petitioner that since the employee has received sickness benefits under the act he is not entitled to receive wages for the period during ..... regulations 97 of the regulations reads thus; 'discontinuation or reduction of benefits - an employer may discontinue or reduce the benefits payable to his employee under conditions of their service, which are similar to the benefits conferred by the act to the extent specified below, namely; (a) from the date ..... 11(xii) which provides for payment of half wages for the period during which an employee was on sick leave has not been amended, the employee is entitled to get wages for the period during which he was on sick leave, and the sickness benefits received by the employee under the act have nothing to do with his right to receive wages as per the conditions ..... officer .....
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