Court : Guwahati
..... if any officer or employee acted contrary to the policy decision of the government and provisions of the recruitment rules without following the normal procedures laid down for engagement, the responsibility for such wrong action cannot be fixed against ..... in some times, it is necessary for the government to engage persons even without following procedures to complete the urgent nature of work or when an employee is on leave vacancy, but that will be for a short-term, so that the urgent nature of work can be done only to save the people from their sufferings and urgent administrative works not for normal functioning of ..... he tried to convince this court with a submission that the government, being a model employer, should not disengage its employees/workers like the petitioners all on a sudden when they are hot able to be engaged in other employment in near future and their family members will be starved due to the wrong action of the state respondents. ..... government being an impersonal machinery and the decision of which is being taken by its officers and employees, should not allow to be suffered for wrong action of its agency like officer and employee. ..... it has to take decision and do work through its employees and officers. .....
Tag this Judgment!Court : Guwahati
Reported in : [2009]151CompCas583(Gauhati)
..... . briefly put, the doctrine of alter ego implies that in order to make a body corporate liable for the actions of its officers and employees, the officer or employee, who physically commits offence, must be the centre of the corporate personality, the chief organ of the body corporate, its directing will and ..... knowledge or belief, is the act of the company, there is no impediment in holding and in convicting the accused-company on the basis of the conclusion that the state of mind, intention, knowledge or belief of the officer or agent of the company is the state of mind, intention, knowledge or belief, as the case may be, of the company concerned and when the acts of the managing director are proved to be the acts ..... knowledge or belief is the act of the company, there is no impediment in holding and in convicting the accused-company on the basis of the conclusion that the state of mind, intention, knowledge or belief of the officer or agent of the company is the state of mind, intention, knowledge or belief, as the case may be, of the company concerned and when the acts of the managing director are proved to be the acts ..... there have been attempts to apply lord denning7 s words to all servants of a company, whose work is brain work, or who exercise some managerial discretion under the direction of superior officers of the company, though lord denning, according to lord reid, did not intend to refer to such servants, whose work is brain work or who exercise some managerial discretion under .....
Tag this Judgment!Court : Guwahati
..... industrial disputes act, 1947, or any other law for the time being in force, the transfer of the services of any officer or employee in the undertaking of the company to the state government or to the board, as the case may be, shall not entitle such officer or employee to any compensation under this act or any other law for the time being in force and no such claim shall ..... sub-section (1) shall continue to be the liabilities and obligations of the company after the appointed day.explanation :-- all the liabilities and obligations in respect of staff, taxes, provident fund, employees' state insurance, industrial dispute and all other matters upto the appointed day, shall continue to be liabilities and obligations of the company.section 5 (1) liabilities of the undertaking of ..... means; that the power purchase agreement was not finalised though it had been approved by the state cabinet; that the district forest officer, hamren division of the state of assam wrongfully put a ban on blasting and quarry operations at the construction site of the project, though the blasting and quarrying operation ..... threatening to cancel the agreement, though the petitioner performed and was ready and willing to perform their part but they were prevented by the respondents, and their officers, as alleged, having vested interest against the policy laid down and followed by the government, started obstructing completion of the project by adopting a various wrongful .....
Tag this Judgment!Court : Guwahati
..... board may decline to accept an entry in the acr in case of patent errors of law or procedure or perversity or absurdity rendering it nonest on the face of it, recognition of its unqualified power to re-evaluate the performance and individual profile of an office/employee for a period in the past in my opinion is not countenanced in law and would be otherwise dissentient to the letter and spirit of the 1990 rules. ..... the existence of a set of guidelines enumerating the marks to be awarded uniformly on the basis of the gradings in the acrs and the categorization of the officers/employees depending on the score signal as well as limitation on the power of the selection board to interfere with an entry in the acr prepared and maintained under ..... the provisions of the 1990 rules, therefore, unequivocally demonstrate that the assessment reflected in the grading in the acr of the officer/employee concerned would not only be performance based but also on a due evaluation of his personality and individual features noticed during the ..... a freehand to overhaul the acrs by the selection board in the garb of testing the suitability of the vying officers/employees would result in two different levels of appreciation, one by those empowered by the 1990 rules and the other not ..... thus be an index of the cumulative appraisal of all essential qualities and shortcomings of an officer/employee, understandably for adjudging his eventual suitability for further advancement in service career on his turn.24 .....
Tag this Judgment!Court : Guwahati
..... rules for age of retirement -the age of retirement of an officer in the bank on or after theappointed date be determined as under - 1.1 an officer employee of the bank recruited/promoted prior to 19th july, 1969 shall retire on completion of the 60 years ..... 1.3 an officer employee of the bank recruited whether as an awardstaff or as an officer employee on or after 19th july, 1969 shallretire on completion of 58 years ..... 1.2 an officer employee of the bank recruited/promoted prior to 19th july, 1969 shall retire on completion of 60 years ..... clause 3 of the said notification provides that officer and employees of the erstwhile purbanchal bank would be governed by the central bank of india (officers' service) regulations, 1979, with effect from april ..... it is about pay and other service conditions of officers and employees of erstwhile purbanchal bank which merged with the central bank of india on august ..... been indicated in clause 6.1 and 6.2 as to the manner in which the seniority of the employee/officers of the transfererbank was to be reckoned as officers of the transferee bank. ..... indicated above, it is clear that according to the scheme promulgated by the central bank of india all the employees of the transferrer bank were to be continued on the same conditions on which they have been working and then within a period of three years of the sanction of the scheme they were to be brought at par with the corresponding rank or status of the employees and officers of the transferee bank. .....
Tag this Judgment!Court : Guwahati
..... rules for age of retirement -the age of retirement of an officer in the bank on or after theappointed date be determined as under - 1.1 an officer employee of the bank recruited/promoted prior to 19th july, 1969 shall retire on completion of the 60 years ..... 1.3 an officer employee of the bank recruited whether as an awardstaff or as an officer employee on or after 19th july, 1969 shallretire on completion of 58 years ..... 1.2 an officer employee of the bank recruited/promoted prior to 19th july, 1969 shall retire on completion of 60 years ..... clause 3 of the said notification provides that officer and employees of the erstwhile purbanchal bank would be governed by the central bank of india (officers' service) regulations, 1979, with effect from april ..... it is about pay and other service conditions of officers and employees of erstwhile purbanchal bank which merged with the central bank of india on august ..... been indicated in clause 6.1 and 6.2 as to the manner in which the seniority of the employee/officers of the transfererbank was to be reckoned as officers of the transferee bank. ..... indicated above, it is clear that according to the scheme promulgated by the central bank of india all the employees of the transferrer bank were to be continued on the same conditions on which they have been working and then within a period of three years of the sanction of the scheme they were to be brought at par with the corresponding rank or status of the employees and officers of the transferee bank. .....
Tag this Judgment!Court : Guwahati
..... may be specified in the order, to the corporation any of the officers or employees serving the department of the central government dealing with food or any of its subordinate or attached offices and engaged in the performance of those functions :provided that no order under this sub-section shall be made in relation to any officer or employee in such department or office who has, in respect of the proposal of the central government to transfer such officer or employee to the corporation, intimated within such time as may be specified in ..... methods of appointment, the conditions of service and the scales of pay of the officers and other employees of corporation shall -(a) as respects the secretary, be such as may be prescribed;(b) as respects the other officers and employees, be such as may be determined by regulations made by the corporation under this ..... as may be made by the central government in this behalf, the corporation may appoint such other officers and employees as it considers necessary for the efficient performance of its functions. ..... of the act, the rule-making powers concerning the officers and other employees of the corporation rest vested in the central government. ..... 7, 12, 12a and 14 of the act read with regulations 2(b) (c) (d) and (e) of the food corporation of india (staff) regulations, 1971, unmistakably, conferred powers upon the central government to issue directions in the matter of appointment and recruitment of officers and other employees of the corporation. .....
Tag this Judgment!Court : Guwahati
..... section 630 of the companies act, 1956 provides that in the event of wrongful possession of any property of a company by its officer or employee, he shall, on the complaint of the company or any creditor or contributory thereof, be punishable with fine which may extend to 1,000 rupees. ..... it further provides that 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. ..... such prayer for extension of service having not been granted, the petitioner raised a dispute before the conciliation officer and upon failure to resolve the issue, the dispute was referred for adjudication as reference case no. ..... to railways administration of property detained by a railway servant, it was held that termination of service by the railway under the relevant clause of the agreement amounts to discharge within the meaning of section 138 of the act and the employee is therefore liable to dispossession of the premises, which he was occupying as a servant of the railway. ..... ), the apex court dealing with the object of section 138 of the railways act observed that the word 'discharge' used in the context is of the widest amplitude and would include cessation of relationship of employer and employee, may be retirement, resignation, dismissal or removal. .....
Tag this Judgment!Court : Guwahati
..... after going through the aforesaid judgment of the apex court in surinder prasad tiwari (supra), this court is of the opinion that the law relating to regularization/absorption of daily-wager, ad-hoc employee, probationer, temporary or contractual employee are no longer res integra and the said case has some bearing on the point and their lordships of the apex court in the aforesaid case, expressed their views in a clear and unamibiguous manner relating ..... if any officer or employee acted contrary to the policy decision of the govt ..... he also, tried to convince this court submitting that government, being a model employer, should not act like a private management and discontinue its employee/worker like the petitioner on all of a sudden when he is not able to be engaged himself in any other employment, in near future and his family members will be starved due to the wrong action of the state ..... in some times, it is necessary for the government to engage persons even without following procedures to complete urgent nature of work or when an employee is on leave vacancy, but that will be for a short term, so that the urgent nature of work can be done to save the people from their sufferings, and, urgent administrative works not for normal functioning of ..... being an impersonal machinery and it cannot work by itself, it has to take decision and do work through its employees and officers. ..... cannot act from his own being an impersonal machinery, it has to work through its officers and employees. .....
Tag this Judgment!Court : Guwahati
..... much emphasis has been placed by the court below on section 8 of 1993 act, which provides that every officer or employee of the commission serving in its employment immediately before the appointed day, shall be deemed to be appointed as an officer as the case may be as that of the other employee of the corporation except member or the chairman. ..... section 8 of the 1993 act does not provide for transfer of member or chairman of the commission as an employee of the corporation, it cannot be assumed that the chairman-cum-managing director has steppedinto the shoes of he member and therefore has no power to refer the dispute to the arbitration, failing to see that the members or the chairman are not the employees of the commission and are appointed under section 4 of the oil & natural gas commission act ..... it will be no objection to any such appointment that the arbitrator so appointed is an employee of ongc or that he had to deal with the matters to which the contract relates and that in the course of his duties as ongc's employee, he had expressed views on all or any of the matter in dispute or difference.if the arbitrator to whom the matter is originally referred dies or refuses to act or resigns for any reasons from the position of arbitrator, it shall be lawful for ..... the two preliminary issues raised were :- (a) appointment of present arbitrator was made by an officer of the corporation and this is not permissible under clause 15 of annexure-a to the addendum to the tender documents .....
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