Judgment Search Results Home > Cases Phrase: officer or employees Court: guwahati Page 3 of about 1,330 results (0.014 seconds)

Abdul Gaffar Vs. State of Manipur and ors.

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. .....

Madan Chandra Brahma Vs. Central Bank of India and ors.

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. .....

Bijoy Kr. Nath and ors. Vs. Assam State Agricultural Marketing Board a ...

Court : Guwahati

..... have not annexed any copy of orders of engagement but have placed on records the letter dated 24.7.2001 by which the authorities of the dhekiajuli regulated market committee (drmc) intimated the chief executive officer, assam state agricultural marketing board (asamb) about their such engagement and the resolution adopted by the market committee to regularise their such engagement as grade-iv.3. ..... is also empowered to regulate the employment and conditions of service in respect of any or all the categories of officers and employees of the board and the market committees. ..... section 31(1) of the act detailing the functions and powers of the chief executive officer empowers him to exercise supervision and control over the officers and staff employed by the board and the market committees in matters of administration, execution of works, maintenance of ..... followed by the impugned letter dated 19.2.2002 from the chief executive officer, asamb to the secretary, drmc to release the muster roll employees immediately. ..... merely because the drmc took a resolution or urged upon the chief executive officer for regularisation of the services of the petitioner, he is not obligated to accede to ..... argued that the services of the petitioners could not have been dispensed with at the behest of the chief executive officer of asamb, more particularly when there was requirement for continuation of their services. ..... secretary, drmc intimated the chief executive officer, that the muster roll employees i.e. .....

Commissioner of Income Tax Vs. Anil Kumar Hazarika

Court : Guwahati

..... ) wherein the full bench of the karnataka high high court held asfollows :- 'keeping in view the definition of 'salary' contained in section 17 of the act, it is clear that any commission or profits receivedby an employee in addition to his salary or wages as per his service conditions, are to be brought to tax under the act treating said receipt as falling under the head of 'income from salaries' and the only deductions admissible ..... the supreme court in the judgment has held as follows : '(a) it is thus clear that if under the terms of the contract of employment remuneration or recompense for the services rendered by the employee is determined at a fixed percentage of turnover achieved by him then such remuneration or recompense will partake of the character of salary, the percentage basis being the measure of the salary and, therefore, such remuneration or recompense ..... as held by us hereinabove, the development officers are employees of the life insurance corporation we had discussed the scheme of payment of incentive bonus hereinabove which shows that the incentive bonus forms part of salary ..... profit in context of section 17 means an advantage or gain by receipt of payment by employee and the supreme court further pointed out that the equity cannot be taken into account while interpreting legal ..... with regard to the definition of salary and meaning of profit and the supreme court pointed out that the amount paid to the employee need not be profit as understood in common parlance. .....

Oil and Natural Gas Corporation Ltd. Vs. Ambuja Cement Eastern Ltd.

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 .....

Oil and Natural Gas Corporation Ltd. Vs. Ambuja Cement Eastern Ltd.

Court : Guwahati

Reported in : 2003(1)ARBLR227(Gau)

..... 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 .....

Nagendra Nath Gogoi Vs. Tengapani Tea Co. Ltd.

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. .....

Tripura Jute Mills Limited and anr. Vs. Bhanu Lodh

Court : Guwahati

..... although efforts were being made to appoint the petitioner in the post of commercial officer with retrospective effect but in absence of inclusion of the post in the tjml employees (revised pay) rules, 1999 same did not materialize. ..... appellants have not even wishpered as to what they did during the period from 1986 to 1999, when the post of commercial officer was very much in existence, even if we accept their plea that the post was not included in the rop rules, ..... single judge on the basis of the materials on record has found that the board of directors of the company is the final authority to create posts, appoint officers and employees and revised their scale of pay. ..... the tjml employees (revised pay) rules, 1999 was revoked by the governer with direction to the board of directors to consider revision of pay scale of the officer and workers of ..... pertaining to revision of pay scale, post available in tjml and power, jurisdiction and competence of the board of directors to take all necessary decisions relating to formulation and finalization of pay and perquisites of its employees and thus there was no necessity to refer such matters to the pay commission. ..... 1110/- which was even lower than the post of store-cum-marketing officer earlier held by the petitioner in tripura apex weavers' co-operative society ..... tjml certifying that the petitioner was in continuous service of the company as commercial officer with effect from 15.1.1986 till the issuance of the certificate on 25.5.2005. .....

Longpi Dehangi Rural Bank and ors. Vs. Himangshu Chakraborty

Court : Guwahati

..... regulation 30 of the langpi dehangi rural bank staff service regulations is in the following terms : '30(1) without prejudice to the provisions of other regulations, an officer or employee who commits a breach of these regulations or who displays negligence, inefficiency or inobedience, or who knowingly does anything detrimental to the interests of the bank or in conflict with its instructions or who commits a breach of discipline or is guilty of any other ..... it would be seen that one of the punishments which could be awarded against a delinquent official is recovery from the pay of the whole or part of any pecuniary loss caused to the bank by the delinquent officer or employee. ..... (d) recovery form the pay of the whole or part of any pecuniary loss caused to the bank by the officer or employee. .....

State of Manipur Vs. All Manipur Regular Post Vacancies Substitute Tea ...

Court : Guwahati

..... all these only go to show sheer and total negligence on the part of the officers and employees of the applicant. ..... but a somewhat different complexion is imparted to the matter where government makes out a case where public interest was shown to have suffered owing to acts of fraud or bad faith on the part of its officers or agents and where the officers were clearly at cross-purposes withit. ..... many of the employees of the applicant also did not co-operate in preferring the appeals. ..... parkash-rao, reported in (1982) 2 scc 385, found that delay explained to be due to misunderstanding on the part of the government officers but no affidavit of that officer submitted. ..... the special land acquisition officer, bangalore. ..... government, like any other litigant must take responsibility for the acts or omissions of its officers. .....