Court : Chennai
Reported in : [2002(94)FLR525]; (2002)IIILLJ60Mad
..... for instance, even if an award is passed directing reinstatement and backwages by a labour court, if the management fails to implement the same, the only remedy available to the employee is to approach the machinery provided under industrial dispute act for enforcement of the award and he cannot invoke the provisions of criminal procedure code for filing a criminal complaint. ..... he was acquitted by the criminal court for the offence under section 381 ipc and in spite of that, the terminal benefits payable to the employee have not been settled by the management and under the circumstance, the complaint given by the defacto complainant for the offences under sections 406 and 420 ipc is proper and correct and there is no ..... when this being the position of law, simply because the criminal case ended in acquittal, for non payment of any terminal benefits it is not open to the employee to file a criminal complaint and moreover, the investigating authorities also have no locus stand to investigate the same. ..... further more, it is stated that on and after the alleged criminal complaint relating to the occurrence on 21.12.1992 the employee has not reported for duty and even after the acquittal of the criminal case, he has not offered to serve the company and moreover, these things can be decided only under industrial dispute act. ..... since the officers, who were dealing with the case, had left the services of the company, it was not pursued further. ..... of post offices ..vs.. . .....
Tag this Judgment!Court : Chennai
Reported in : (1975)1MLJ127
..... the position therefore is that a person in order to claim the benefit as an employee should be employed for wages in connection with the work of a factory and should be employed by the principal employer on any work incidental or preliminary to the work of the factory. ..... the maintenance of the garden would be conducive to the health of its manual workers and would also enhance their efficiency and health and that therefore it can be said that the workers in that case would be employees coming within the definition of the term in the act. ..... the mills objected to the proceedings and took up the matter before the employees state insurance court under section 75 of the act questioning the right of the employees state insurance corporation to collect the sum of rs. ..... 267 and distinguished it on the ground that the office building was situate in the same compound as the factory and that the entire compound was surrounded by one compound wall. ..... that case related to the gardeners, building workers, office attenders and watchmen of a textile mill who were permanently employed by the mill for the work concerned with and the day to day maintenance of the mill. ..... therefore the contention that the administrative office was not part of the factory was accepted. .....
Tag this Judgment!Court : Chennai
Reported in : (1969)1MLJ275
..... that though the order of transfer was passed on 28th january, 1965 in two cases, on 9th january, 1965 in one case, on 18th january, 1965 in another case, and on 28th january, 1965 in another case directing the employees to join duty on different dates, none of the employees presented themselves before the society either at the office they were serving or at the office to which they were transferred. ..... on the facts of the case, i am unable to accept the contention of the learned counsel for the employees-respondents that the order dated 16th march, 1965 would amount to dispensing with the services of the persons employed, under section 41 of the act. ..... the order dated 16th march, 1965 would not amount to dispensing with services, but only making a record of the fact that the employees had failed to turn up and that they were no more in the employment. ..... after waiting for nearly 11/2 months, the society presumed that the employees, the first respondents in these writ petitions, stopped away from the service. ..... it was submitted by the learned counsel for the petitioner that the employees-respondents were taken back into service as fresh entrants. ..... but the learned counsel for the employees submitted that this was not the stand of the society in their counter affidavit. ..... it may be mentioned that all the employees, except sahadevan, were entertained by the society from 17th march, 1965. .....
Tag this Judgment!Court : Chennai
Reported in : (1994)2MLJ36
..... reference to discipline and appeal regulations/standing orders shall be competent to institute disciplinary proceedings against him and to impose on him such penalty specified in the rule as it thinks fit and the foreign employer whom the employee is serving at the time of institution of such proceedings shall be bound to render all reasonable facilities to the competent authorities instituting and conducting such proceedings.failure to include the above term in the order of the deputation on foreign ..... with reference to regulation 6(1) of the said regulations shall be competent to institute disciplinary proceedings against him and to impose on him such penalty specified in the rules as he thinks fit and the foreign employer under whom the officer is serving at the time of institution of such proceedings shall be bound to render all reasonable facilities to the competent authorities instituting and conducting such proceedings.the effect of condition numbers 12 and 13 is that the fact that ..... whose services are placed at the disposal of state/central government or outside bodies:(1) in the case of employees of the board lent to other departments of the government/corporation or other statutory bodies, the disciplinary authority in respect of the post held by the officer for the time being may impose any of the prescribed penalties except those of compulsory retirement, removal or dismissal from service, but before imposing any such penalty, such authority should consult .....
Tag this Judgment!Court : Chennai
Reported in : [1965]58ITR795(Mad)
..... under section 66(2) of the act, this court, while directing the tribunal to state a case, asked the tribunal to clarify certain facts, namely whether it was the mill or the employees themselves who actually sold the yarn and received the profits, the extent of the allotment to villagers and the profits attributed to such allotment out of rs. 70,641 and whether the sum of rs ..... to show that these transactions were sham and that they were not intended to benefit the employees or villagers but on the other hand the mill authorities wanted to benefit themselves at the expense of the employees and villagers by selling the goods at the prevailing market price and using the names of the employees and villagers as a cloak to circumvent the circular issued by the association.learned counsel ..... . now the question for our consideration is whether the income-tax officer was right in coming to the conclusion that the sales of yarn by the assessee-mill to the labourers and villagers at the association rates were not really bona fide transactions and were only canalised through its employees to the ultimate purchasers who purchased the yarn at open market rates and ..... officer, on the facts of the case, was unable to give any credence to this part of the assessees case and he found that the ultimate buyers were regular dealers and the sales were at the open market rates, though in the books of account the assessee entered the association rates for the bales alleged to have been sold to its employees .....
Tag this Judgment!Court : Chennai
Reported in : [2008(119)FLR380]; (2008)IILLJ906Mad; (2008)3MLJ1080
..... under section 46 of the factories act and therefore, the canteen premises would be part of premises belonging to the employer, where services were provided by the contractor for the exclusive use of employees of the management and therefore, abuse done in the said canteen premises, which is part of the factory of the employer, irrespective of who is abused and why he was assaulted or abused ..... would still be a misconduct which would be actionable under the provisions of the standing orders; that the enquiry officer dealt totally on the aspect of assault and abuse and concluded that indeed an assault and abuse of a contractor employee took place in the statutorily required canteen; that the learned judge ought to have seen that the labour court concluded that the ..... the precincts of the factory, the canteen in question is one which the second respondent management is statutorily bound to maintain in terms of the factories act and it is open only to the employees of the respondent management and not to the outsiders and therefore, automatically, the canteen and its running is in connection with employment of the management and hence any assault done there would be ..... as to whether even in a case where the employer is required to run and maintain a canteen in terms of the provisions of the statute, the employees of the canteen would automatically be held to be the workers of the principal employer for all intent and purport and not for the purpose of the .....
Tag this Judgment!Court : Chennai
Reported in : 1995(1)CTC261; [1995(71)FLR815]
..... the learned 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 a special act and it is only the employee's 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 ..... for 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 workers ..... when the applicant's only witness says that the inspection officer has perused the account books and when the inspection 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 r. w. 1. ..... the learned counsel would argue that the above decision makes it cleat that where there is a provision for the welfare of employees under the special act and it is being followed there is no necessity for following a general act for conferring the same benefits. .....
Tag this Judgment!Court : Chennai
Reported in : (1990)1MLJ355
..... also of the opinion that no responsible employer would even impose in like circumstances the punishment of dismissal to the employee and that victimization or unfair labour practice could well be inferred from the conduct of the management in awarding the extreme punishment of dismissal for a flimsy charge of abuse of some worker or officer of the management by the appellant within the premises of the factory. ..... (2) (vi) of the payment of gratuity act provides that 'notwithstanding anything contained in sub-clause (1), the gratuity payable to an employee may be wholly or partially forfeited if the service of such employee have been terminated for his riotious and disorderly conduct or any other act of violence on his part. ..... it was held that the dismissal of an employee on charge of abuse of some worker and officer of management was unjustified particularly in the absence of any previous adverse remark ..... the altered punishment imposed by the tribunal, however, should not amount to absolving the employee of the misconduct or make the punishment merely illusory and allow the employee to go scot-free, particularly when the charges are found to be grave in ..... however, the labour court held that rajalingam was not an employee of the petitioner company in view of the definition of 'employee' found in the labour court in that rajalingam was sent by the security and detective bureau to do service in the factory and as soon as the work in the factory is over, he would go back to his parent .....
Tag this Judgment!Court : Chennai
Reported in : [1966]61ITR23(Mad)
..... the income-tax officer rejected the claim, taking the view that the loss did not occur in the course of the business, and that, further, as the assessee had taken promissory notes from the employees responsible for the embezzlement, but had taken no action to recover the moneys on the promissory notes, no allowance could be granted ..... point is of some importance, for the tribunal appears to lay stress upon the fact that what was originally a loss had been converted into a civil liability on the execution of the promissory notes by the employees in favour of the assessee.when exactly the loss arose was another aspect of the question which the tribunal was inclined to hold against the assessee. ..... commissioner of income-tax, the principle relevant to cases of this kind has been stated thus :'if it is necessary for the assessee to appoint employees and delegate to them certain duties and if loss springs directly from the necessity of doing so, then the loss would be a trading loss, and the assessee would be entitled to claim that amount as a proper ..... have already pointed out that the assessee could not possibly carry on its business except by entrusting its employees with the performance of certain duties which involves the handling of cash and other valuable assets. ..... is claimed on behalf of the assessee that the matter could not be prosecuted further, for the employees were worth nothing and a civil action against the employees would result in no conceivable benefit to the employer. .....
Tag this Judgment!Court : Chennai
Reported in : (1990)1MLJ457
..... this is a very salutary provision which has been enshrined in these rules and one of the purposes for conferring this power is that in cases where the disciplinary authority is satisfied that the delinquent employee- is a youthful offender who is not convicted of any serious offence and shows poignant penitence or real repentance he may be dealt with as lightly as possible. ..... it is obvious that in considering this matter the disciplinary authority will have to take into account the entire conduct of the delinquent employee, the gravity of the misconduct committed by him, the impact which his misconduct is likely to have on the administration and other extenuating circumstances or redeeming features if any present in the case and so on and so forth. ..... the disciplinary authority has the undoubted power after hearing the delinquent employee and considering the circumstances of the case to inflict any major penalty, on the delinquent employee without any further departmental inquiry if the authority is of the opinion that the employee has been guilty of a serious offence involving moral turpitude and, therefore, it is not desirable or conducive in the interest of administration to retain such a person in service.mr. s.n. ..... it is possible that the delinquent employee may be found guilty of some technical officence, for instance, violation of the transport rules or the rules under the motor vehicles act and so on, where no major penalty may be attracted. .....
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