Court : Gujarat
Reported in : (2004)2GLR1326
..... it is very clear from the scheme envisaged under the said circular that any officer or an employee on the list of surplus employee unit shall be given appointment on any available vacant post at different place, in any cadre, in any pay-scale, in any part of the state of gujarat as deemed appropriate and he/she shall ..... it is, also, clearly manifested and articulated in one of the terms and conditions of the circular that the officer or employee on the surplus list shall be given new appointment only for the post for which he shall be holding the requisite qualification as per the ..... the officer or employee who has opted for being declared as surplus from the public sector ..... 3-corporation was incurring heavy losses, and therefore, a policy decision was taken to close down the corporation and to give an option to the employees of the corporation to either retire voluntarily with the benefits accrued therewith or to submit their option to be on surplus list of surplus-cell to be absorbed with the state government or the board or ..... closed down and the government had taken a decision to provide certain facilities of services to the employees and officers of the public sectors. ..... the officers and employees shall be deemed to have retired on the date that may be prescribed by the public sector and they shall be determining the period for payment ..... officers and employees opting for voluntary retirement shall be eligible for provident fund, leave encashment, gratuity amount payable as .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]149CompCas720(Guj); [2009(121)FLR800]; (2009)1GLR552; [2008]87SCL155(Guj)
..... section 630 is to provide a speedy and summary procedure for retrieving the property of the company where it has been wrongly obtained by the employee or officer of the company or where the property has been lawfully obtained but unlawfully retained after termination of the employment of the employee or the officer and to impose a fine on the officer or employee of the company if found in breach of the provision of section 630 of the companies act and further to issue direction if the court feels ..... the court trying the offence may also order such officer or employee to deliver up or refund, within a time to be fixed by the court, any such property wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default, to suffer imprisonment for a term which may extend to two years.an analysis of the ..... the words 'such officer or employee' occurring in section 630(2) include past or present officer or employee or his or her ..... if the officer or employee of the company does any such act by which the property given to him is wrongfully withheld and is not restored back to the company, it will clearly amount to an offence within the meaning of ..... wrongful withholding of property:(1) if any officer or employee of a companya. ..... if it is held that other members of the family of the employee or officer or any person not connected with the family who came into possession through such employee would not be covered by section 630, such a view will defeat the quick and expeditious remedy .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)ILLJ71Guj
..... ' it is submitted that section 630 of the companies act specifically provides that if any officer or employee of the company wrongfully withholds the property of the company, he shall be punished with fine which may extend to one thousand rupees, but the ..... (2) the court trying the offence may also order such officer or employee to deliver up or refund, within a time to be fixed by the court, any such property wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default, ..... company to obtain possession of its property where it is wrongfully obtained or wrongfully withheld by any officer or employee of the company. ..... -(1) if any officer or employee of a company- (a) wrongfully obtains possession of any property of a company; or (b) having any such property in his possession, wrongfully withholds it or knowingly applies it to purposes other than those expressed or ..... it is in order to save the workman from this kind of retaliation that the legislature has enacted section 33(1) of the act providing that during pendency of any conciliation proceeding before a conciliation officer or a board of any proceeding before an arbitrator or a labour tribunal or national tribunal in respect of an industrial dispute, no employer shall in regard to any matter connected with the dispute, ..... learned counsel for the petitioner that the provisions of section 630 of the act do not cover workmen and that they are only applicable to officers and employees of the company other than workmen. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3481
..... 'it is submitted that section 630 of the companies act specifically provides that if any officer or employee of the company wrongfully withholds the property of the company, he shall be punished with fine which may extend to one thousand rupees, but the ..... (2) the court trying the offence may also order such office or employee to deliver up or refund, within a time to be fixed by the court, any such property wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default, ..... such decision of the labour court or there is any other order of the labour on the question of status of the petitioner as a workman and about continuance of the relationship of employer and employee between the parties.6.3 on the question of vires, the learned counsel for the respondent has submitted that the section is neither discriminatory nor constitutionally invalid, as per the decision of this court in ..... the company to obtain possession of its property where it is wrongfully obtained or wrongfully withheld by any officer or employee of the company. ..... - (1) if any office or employee of a company - (a) wrongfully obtains possession of any property of a company; or (b) having any such property in his possession, wrongfully withholds it or knowingly applies it to purposes other than those expressed or directed ..... counsel for the petitioner that the provisions of section 630 of the act do not cover workman and that they are only applicable to officers and employees of the company other than workmen. .....
Tag this Judgment!Court : Gujarat
Reported in : [1996]87CompCas557(Guj); (1995)2GLR1752
..... comp cas) : 'the beneficent provision contained in section 630, no doubt penal, has been purposely enacted by the legislature with the object of providing a summary procedure for retrieving the property of the company (a) where an officer or employee of a company wrongfully obtains possession of property of the company, or (b) where having been placed in possession of any such property during the course of his employment, wrongfully withholds possession of it after the termination of his employment. ..... ' it is also held that the term 'officer' or 'employee' in section 630 applies not only to existing officers or employees of a company but also to past officers or employees, if such officer or employee either (a) wrongfully obtains possession of any property of the company, or (b) having obtained such property during the course of his employment, withholds the same after ..... the term officer or employee in section 630 applies not only to existing officers or employees, but also to past officers or employees if such officer or employee either (a) wrongfully obtains possession of any property of the company, or (b) having obtained such property during the course of his employment, withholds the same after ..... (2) the court trying the offence may also order such officer or employee to deliver up or refund, within a time to be fixed by the court, any such property, wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default, to suffer imprisonment for a term which may .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1615
..... a manager, secretary, accountant or any other officer or employee of a society and the conditions of service of such officers and employees shall be such as may, from time to time, be prescribed:provided that no qualifications shall be prescribed in respect of any officer not in receipt of any remuneration.27 ..... bye laws is providing from time to time to appoint and at pleasure to remove or suspend or otherwise punish, as the directors deem best, for the management of the business of the federation, any officer, clerk or other employee of the federation, to fix their remuneration, salaries and wages, to appoint such staff temporary or permanent on such remuneration as they may deem necessary and to frame rules for recruitment, grades and scales ..... appoint any other person as a member of the committee in his place for the remainder of the term of his office;(b) if such failure is committed by a member of the society not falling under clause (a), remove him as a member of the society:(c) if such failure is, committed by an employee of the society, direct the society to remove such employee from employment of the society forth-with and if the society fails, without reasonable or sufficient cause to take ..... of staff by cooperative society is concerned under statute, gujarat cooperative societies act, 1961, section 76 thereof provides to the effect that the qualification and other conditions of service of officers and employees of society may be such as may from time to time be prescribed. .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR603
..... corporation and secretary - health be directed to regularize the appointment of the petitioner, in this case class ii medical officer in employee's state insurance scheme and further to declare that petitioner should not be compel to pass gpsc examination. ..... only considered the provisions of the act but we have also considered the judgments of the hon'ble the apex court in the case of m venugopal (supra) and punjab land development officer (supra), escorts ltd (supra), uprton india (supra), and also division bench judgment of this court on the case of j.j.shrimali (supra) and also the division bench judgment of the ..... no doubt true that workman has filed additional affidavit and pointed out facts of this case, however, in what context they were continued and in what context services of those employees was given exemption, all these aspects were not before the learned single judge.30.12 it may be noted that all these aspects have not been considered by the learned single judge ..... that the learned single judge and even the labour court ought to have considered the fact that respondent was holding a post which was held by a gazetted officer and the said post was being governed by bcsr, is a fact which was not denied before proceedings in the labour court and no contrary evidence was led ..... he has any authority to grant leave or not or he has got any power to take disciplinary proceedings against employees, does not prove that he was not holding a post, which was of an officer of supervisor. .....
Tag this Judgment!Court : Gujarat
Reported in : [2007]76SCL83(Guj)
..... officer or employee' of a company in section 630 of the act would be a deeming fiction include the legal heirs and representatives of the employee or the officer concerned continuing in occupation of the property of the company after the death of the employee or the officer ..... wrongfully obtained or wrongfully withheld by an employee or officer of an ex-employee or ex-officer or anyone claiming under them. ..... same is challenged by way of reference and during the pendency of the reference, it was not open to the employer to ask the employees to vacate the quarters and therefore, the order passed by the learned sessions judge setting aside the conviction is absolutely just, proper and does not call for ..... in order to save the workman from this kind of retaliation that the legislature has enacted section 33(1) of the act providing that during pendency of any conciliation proceedings before a conciliation officer or a board of any proceeding before an arbitrator or a labour or tribunal or national tribunal in respect of an industrial dispute, no employer shall in regard to any matter connected ..... is in order to save the workman from this kind of retaliation that the legislature has enacted section 33(1) of the act providing that during pendency of any conciliation proceedings before a conciliation officer or a board of any proceeding before an arbitrator or a labour or tribunal or national tribunal in respect of an industrial dispute, no employer shall in regard to any matter connected .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)2GLR1644
..... company cases 557 (gujarat), this court has held that section 630 of the companies act, 1956, applies to a past officer or employee of a company, if the wrongful obtaining, withholding or application of the property was done in his capacity as such officer or employee. ..... if the company decides to seek possession under section 13(1) of the 1947 bombay act against the employee-tenant the company has to pursue the remedies before a competent court as provided under section 28 of the ..... decisions clearly indicate that if no independent right of tenancy is flowing in favour of the ex-employee of the company, mere retention of the possession or payment of municipal taxes, electricity bill ..... certainly entitled to claim possession on termination of the leave and license agreement between the applicant and the company in liquidation and as soon as the company goes into liquidation, the employer-employee relationship between the company in liquidation and the respondent no. ..... thus, when an employee refuses to vacate the premises of the company on determination of the employment or on his retirement but continues in possession even after his retirement, the employee can be held liable under section 630 ..... occupied the premises so long as the employee of the company in liquidation. ..... 2 being the ex-employee of new swadeshi mills company and there was separate leave and license with the company in liquidation, in view of the provisions contained in section 630 of the companies act, 1956 and the settled .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)3CompLJ516(Guj); (2008)3GLR2486; [2008]85SCL262(Guj)
..... this court has held that section 630 of the companies act, 1956, applies to a past officer or employee of a company, if the wrongful obtaining, withholding or application of the property was done in his capacity as such officer or employee. ..... section 468 empowers the court to make an order at any time after making a winding up order on any contributory, trustee, receiver, banker, agent, officer or other employee of the company, to pay, deliver, surrender or transfer forthwith or even such time as the court directs, to the liquidator, any money, property or books and papers in his custody or under his ..... (2005) 125 company cases 477 (sc), the hon'ble supreme court has held that the respondents having remained in possession after the death of the employee as his heirs and the company not having authorized them to remain in possession, possession of the company's flat by the respondents, after the service of notice to vacate the premises by the ..... in such cases all those who have come in possession of the premises with the express or implied consent of the employee and have not vacated the premises would be withholding the delivery of the property to the company and, therefore, they are liable to ..... (2003) 114 company cases 515 (sc), the hon'ble supreme court has held that if an erstwhile or former employee is prosecuted under section 630 of the act on account of the fact that he has not vacated the premises and continues to remain in occupation of the same even after termination of his .....
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