Court : Gujarat
Reported in : [2002(92)FLR914]; (2001)3GLR2666
..... (i) who is subject to the air force act, 1950 (xlv of 1950) or the army act, 1950 (xlv1 of 1950), or the navy act, 1957 (lxii 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 mainly in a managerial or administrative capacity; or (iv) who being employed in a supervisory capacity, draws wages exceedingone thousand six hundred rupees per mensem or exercises, either by the natureof the duties attached to ..... the reasoning of the learned single judge is that to find out the nature of employment and the status of the employee, what is to be seen is the intention of the employer in giving employment as disclosed from the terms of the contract of the employment and the subsequent ..... in the opinion of the learned single judge, even though the contract of apprenticeship was not registered, because the employee was not fulfilling the prescribed educational qualification for being appointed as an apprentice, the status of such apprentice can be termed only ..... the learned single judge set aside the award of the labour court that the services of the employee have again been terminated on the success of the writ petition of the employer.10. ..... 1995 (reported in : (2000)iillj1116guj , whereby the award of reinstatement of the employee with 25% of back wages passed by the labour court on 15-10-1994 has been set ..... letters patent appeal, learned counsel appearing for the employee has mainly criticised the reasoning of the learned .....
Tag this Judgment!Court : Gujarat
Reported in : [2004(102)FLR1181]
..... 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 mainly 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 exercise, either by the nature of the ..... clearly covered by the facts of the present case because looking to the voluminous record sought to be adduced in respect to the duties, the function and power of the employee concerned which requires detailed investigation of the facts and such detailed examination can be satisfactorily adjudicated only by a tribunal and not by respondent no.2. ..... above in para iii and iv that employer namely in managerial and administrative capacity or who being an employee in a supervisory capacity draws wages exceeding rs.1600/- per mensem or exercise either by the nature of duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature. ..... facts and circumstances of the case and the submissions made by the learned counsel for the parties, it appears to us that whether or not an employee is a workman under section 2(s) of the industrial disputes act is required to be determined with reference to his principal nature of duties and functions. ..... employee has to work under the higher officer .....
Tag this Judgment!Court : Gujarat
Reported in : [2004(102)FLR347]; (2004)1GLR885
..... any such person - [i] who is subject to the air force act, 1950 [xlv of 1950 ] or the army act, 1950 [ xlvi of 1950], or the navy act, 1957 [ lxii of 1957], or[ii] who is employed in the police service or as as officer or the other employee of a prison; or[iii] who is employed mainly in a managerial or administrative capacity; or[iv] who being employed in a supervisory capacity, draw wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties ..... it is not in dispute that by service between 19 february 1981 to 27th november 1981 the employee had completed more than 240 days of continues service. ..... the learned single judge may be right in his reasoning that even after non registration of the contract of apprenticeship the appellant would only be a 'trainee', or an 'apprentice', as intended by the parties and he would not be an 'employee' or a 'workman', within the meaning of the apprentices act. ..... it may be so, but status of an employee, appointed as a lineman, with requisite qualifications and expertise, is different from employee, who is just helping him. ..... it is not in dispute that the employee was given second opportunity to serve in the board only by appointing him as an apprentice. ..... this fact has been taken into account by the labour court rightly and if the agreement is not registered and no training was given to the respondent workman then, he become employee or workman of the petitioner. .....
Tag this Judgment!Court : Gujarat
Reported in : [2006(108)FLR100]; (2005)3GLR1844
..... , the cry raised in this judgment would not be lost in the wilderness, but will be ringing in the right ears for effective and efficient discharge of administrative and statutory obligations by the officers and the bureaucrats so that so many litigatns like the petitioner, who could be given due and payable amount and entitlements, expeditiously, without any stress and strain.17. ..... interest, but also, with penal interest for almost three years and that too without when the avowed policy of the government has been that the first cheque of pension has to be presented to the employee on the last date of service before the employee leaves the office upon superannuation. ..... the petitioner, inter alia has, also, pleaded, repeatedly, that at the time of joining the services of the university, and thereafter, she, repeatedly, represented and approached the concerned officers of the said university for submitting the option form with regard to her joining the pension scheme. ..... university on the same day, without any loss of time, has been fully refunded and returned to the government through the treasury office, with interest and also when directed with penal interest, as articulated, hereinabove.14. ..... law developed in the service jurisprudence, with regard to the rights and entitlements of the pension, is very well celebrated that the payment of pension is not a pity or a grace from the master, but is a right invested in the employee upon the completion of the qualifying period of service. .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)4GLR71
..... of co-operative societies under the act (other than the power of registration of a multi-state co-operative society or the amendment of the bye-laws of a multi-state co-operative society) shall be exercisable also by the officers specified in column 2 of the table to the notification subject to the condition, inter alia, that the powers exercisable by the central registrar under section 87 shall be exercisable only by these ..... was not vested with the central registrar under the multi state act, the suits could have been filed only before the board of nominees at mumbai as the registered office as well the head office of the respondent-bank is at mumbai and that the board of nominees at ahmedabad or any other place in gujarat has no jurisdiction to entertain and try the present suits. ..... (1) notwithstanding anything contained in any other law for the time being in force, if any dispute (other than a dispute regarding disciplinary action taken by multi-state co-operative society against its paid employee or an industrial dispute as defined in clause (k) of section 2 of the industrial disputes act, 1947) touching the constitution, management or business of a multi-state co-operative society arises -(a) ..... past member or a person claiming through a member, past member or deceased member and the multi-state co-operative society, its board or any officer, agent or employee of the multi-state co-operative society or liquidator, past or present, or(c) ... ... ... ... ...(d) ... ... ... ... .....
Tag this Judgment!Court : Gujarat
Reported in : 2006CriLJ726
..... to punish or to prosecute those who are named by the deceased in the suicidal note, but if such prosecutions are leniently viewed, it may result into creating the situation where no officer would be tempted to discharge his duty for taking action for maintenance of discipline even if such is provided as per the regulations, on a fear or apprehension that the employee against whom the action is to be taken may put an end to his life by sentimentally reacting to such departmental action. ..... it may equally leave room to the employee against whom the departmental action is to be taken by the higher officer, by giving threat of putting end to the life and thereby to create a fear in the mind of the higher officer and to create an atmosphere of no disciplinary action against such employee by such higher officer, though legally such higher officer is required to take action. ..... if on account of any abnormal reaction, the employee has committed suicide, the conduct of the complainant or of higher officer of taking departmental action by way of resorting to legal remedy or enforcement of law, cannot be termed as leaving no option to the delequent employee but to commit suicide and, therefore, cannot be said as abetment or incitement to suicide under such circumstances. ..... similarly, if the grievance is against misconduct, one may file complaint and/or if complaint is received of serious misconduct against any employee, the higher officer normally can be expected to take departmental action. .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)1GLR269
..... relates to a public utility service and a notice under section 22 has been given, shall, hold conciliation proceeding in the prescribed manner.sub-section (2) of section 12 of the industrial disputes act requires the conciliation officer to attempt to bring about fair and amicable settlement of disputes between the parties.sub-section (3) of section 12 of the industrial disputes act provides that if a settlement of the dispute or any of the matters ..... i am unable to accept the contention of the learned advocate for the employees that before the conciliation officer employer had agreed to reinstate the workmen concerned as also the contention that having agreed to take a sympathetic review of the situation, the employer failed to do so and ..... employees, the inquiry officer came ..... view of the statutory provisions, i am unable to hold that conciliation proceedings were pending before the conciliation officer when the employer dismissed the employees from services. ..... even if the employees misbehaved with some officers, it can be described as ..... employees included those of grave misconduct such as collecting union fees in the premises of the employer, to carry on slogan shouting and of abusing the officers of the employer, of preventing other workers from resuming duties, of stopping the vehicles of the employer and other-wise misbehaving with the officers. ..... employees, however, did not remain present before the inquiry officer ..... officer found that charge article-3 is not proved against the employee .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR902
..... opportunity of showing cause against the action proposed to be taken in regard to him, and(b) the action proposed to be taken in regard to him, has been approved in writing by an officer authorised in this behalf by the board:provided that nothing in this sub-section shall apply to any person who is appointed for a temporary period only.the main object of section 36 and ..... once the charges are proved by inquiry committee constituted under section 36 of the act, normally the district education officer is required to accord approval and is not required to show undue sympathy and/or gone into legality and validity of ..... appropriate writ, direction and/or order quashing and setting aside the order passed by the district education officer, ahmedabad rural dated 8-5-1996 in not granting approval to dismiss the respondent no. ..... 3, the teacher and the interest of students, the district education officer has committed an error in refusing to accord the approval and has not ..... officer, the district education officer ..... the district education officer under section 36 ..... district education officer, ahmedabad ..... education officer in ..... education officer in ..... officer ..... the district education officer, ahmedabad rural for ..... officer ..... officer ..... though the district education officer concurred with the finding of the inquiry committee ..... officer ..... the district education officer has not properly appreciated the fact that when a teacher, more particularly, the language teacher in the present case ..... officer ..... district education officer has .....
Tag this Judgment!Court : Gujarat
Reported in : [2001(89)FLR213]; (2001)ILLJ458Guj
..... relates to various demands relating to daily wage workers who are being represented by shramjivi general workers union, palanpur, 13 demands were raised by the union and those demands are as under : (1) those rojamdar employees serving under the deputy conservator of forest (extension division) at banaskantha in banaskantha district in various sub-divisions should be categorised and they should be given the work as (1) chokidar, (2) skilled labourer etc. ..... workmen who went to the industrial court of pune (and 15 to the industrial court, ahmednagar) had been kept on casuals for long years with the primary object of depriving them of the status of permanent employees inasmuch as giving of this status would have required the employer to pay the workmen at a rate higher than the one fixed under the minimum wages act. ..... regarding preparing seniority list of the employees working under the district office and divisional office of the deputy conservator (extension division), ..... (8) seniority list of the employees working in the office of the deputy conservator of forest (extension division), banaskantha should be published alongwith the seniority list of those employees who are working in sub-divisions and as per the same, if at all required the proceedings for retrenchment should ..... (2) those employees who are serving in the office of the deputy conservator of forest (extension division) at banaskantha and who have completed 240 days should be made permanent and should be given the benefits .....
Tag this Judgment!Court : Gujarat
Reported in : (1998)1GLR166
..... how the class iv employees of the civil hospital could have raised construction in the compound of the civil hospital and started canteen where the administrative officer and superintendent of the civil hospital are sitting is another important circumstance which goes against them, and from which an inference could be drawn that these two officers have connived with the ..... -matter of the writ petition, on what consideration they felt the necessity of canteen, and what was the necessity for the administrative officer to give letter dated 1-9-1984 pinpointing the place which is likely to be allotted for the canteen, but something wrong was there. ..... it is an admitted case of the respondents that the office-bearers of the union of class iv employees threatened the deputy secretary, when they met him that in case permission is not granted to start the canteen in the civil hospital compound ..... affair that instead of maintaing pollution and nuisance free atmosphere, where people suffering from various ailments are treated, these officers remained silent spectators when the petitioners raised construction and started canteen in the compound of the civil hospital. ..... this exemplary cost is awarded for the reason that here is a case where government's own employees have made encroachment of government lands and further they started canteen, which, as per the case of the respondents, has caused nuisance and created unhygienic condition near the children's ..... of the office-bearers of the employees' union .....
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