Court : Mumbai
Reported in : (2008)110BOMLR1465; 2008(4)MhLj929
..... cross examination the plaintiff further admitted as under.the contention of the hindustan petroleum that under the rationalisation letter the plaintiff was not entitled to transport after posting at sewree is correct but we being caltex employees ought to have provided transport (sic), no transport facility was provided after being posted at sewree.6. ..... on behalf of the defendant, inter alia in support of their contentions that caltex employees were not entitled to conveyance allowance, a supervisor's hand book came to be produced and was marked as exe.2.this document governed the services of the plaintiff prior to the amalgamation of caltex with the defendant. ..... taking into account the aforesaid evidence, it is clear that the plaintiff being the caltex employee was governed by the supervisor's hand book which categorically disentitled him to claim conveyance allowance and to claim reimbursement of conveyance expenses for travel from residence and office. ..... the aforesaid clause 11.4 was in the following terms.transport facility provided to visakh refinery officers for conveyance from waltair park to refinery and at some marketing installations will continue for officers who do not take benefit of reimbursement for car/scooter expenses. 7. ..... (thereinafter referred to as the 'defendant' against one of their employee by name shashikant gajanan dighe (hereinafter referred to as the 'plaintiff' ) challenging the judgment and order dated 30.1.1996 passed by city civil court, bombay.2. .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(2)BomCR624; (1993)IIILLJ299Bom
..... of gratuity act provides as under:4 (2) for every completed year of service or part thereof in excess of six months the employer shall pay gratuity to an employee at the rate of fifteen days wages based on the rate of wages last drawn by the employees concerned.provided that in the case of a piece rated employee daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment ..... reported in : (1984)iillj464sc as follows:- for the purpose of computation of 'fifteen days wages' of a monthly rated employee under sub-section (2) of section 4 the monthly wages last drawn by him should be treated as wages for 26 working days and his daily rate of wages should be ascertained on that basis and not by taking the ..... 10, the presiding officer of the 8th labour court, bombay, held that the petitioners had failed to display the seniority list of the employees on 24th december, 1984 and, therefore, the retrenchment dated 7th january, 1985 of respondent ..... and for this purpose the wages paid for any overtime work shall not be taken into account.provided further that in the case of an employee employed in a seasonal establishment the .....
Tag this Judgment!Court : Mumbai
Reported in : (1995)97BOMLR354; (1996)IILLJ82Bom
..... under regulation 17 of the employees' state insurance (general) regulations 1950 the appropriate office shall arrange to have an identity card prepared in form 4, for each person in respect of whom an insurance number is allotted and shall send all such identity cards to the employer. ..... the identity card in respect of an employee, who has left employment before 13 weeks shall not be given to him, but shall be returned to the appropriate office as soon as possible. ..... the employer shall, if and when the employee has been in his service for 13 weeks, obtain the signature or thumb-impression of the concerned employee on the identity card and shall, after making relevant entries thereon, deliver the identity card to him. ..... the employer shall obtain a receipt from the employee for the identity card. ..... apart from the said document, the first respondent also relied on the service card of the petitioner in which all particulars of the employee are entered. ..... the erstwhile burmah-shell company was taken over by bharat refineries limited and its name was changed to bharat petroleum corporation limited and the petitioner continued in service as an employee of first respondent. ..... corporation, albeit, that it is authenticated by the employer so as to indicate the connection of the employer with the concerned employee. .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(3)BomCR408; [1991(62)FLR110]; (1992)ILLJ464Bom
..... para 8 of the petition that the seniority list as on december 31, 1982 was published in the form of a printed booklet and was received by the petitioners in january 1985 and further seniority list of the officers as on december 31, 1984 was published and received by the petitioners sometimes in november 1985 and in view of the fact that the first promotion had taken place as per the rules, guidelines and policy sometime in ..... the bank also contended that the seniority list was published and made available to each and every employee with a view to ensure that the employees should know that they were correctly placed in the seniority list and the petitioners cannot be heard after six years to say that they merely checked the seniority list ..... the 1st respondent bank that the seniority list was published in a printed booklet as far back as in december 1982 and they were freely available to all the employees of the bank and it was totally inconceivable that the petitioners received the information only in the month of january 1985. ..... respondents 2 to 13 were properly categorised in accordance with regulation 6(1) which empowers the board to categorise such employees, regard being had to the responsibilities and functions exercisable by them and such categorisation may be reviewed by ..... there is no dispute about the proposition of law that classification of employees can be made on the basis of educational qualifications for the purposes of promotion but that would be in the same service and .....
Tag this Judgment!Court : Mumbai
Reported in : (1984)86BOMLR681
..... and 2 (the central government and the director general of civil aviation), he was not eligible and did not qualify for that post since he did not have '3 years service in the grade' of assistant aerodrome officer since the service he had put in from may 19, 1973 to july 1, 1977 on ad hoc basis could not be counted as 'service in the grade' to qualify the petitioner for promotion. ..... normally, service criterion is provided in the recruitment rules not only with the object of ensuring, that the concerned employee gains sufficient experience in the lower pest but also with the object of seeing that an employee in the lower post does not get jump promotion within a very short time of his being appointed in that ..... in a given case, the result may be that a junior employee, who has been lucky enough in being appointed to a post on ad hoc basis though his senior did not have the benefit of such appointment, because of such ad hoc appointment would become eligible for further promotion to ..... any other interpretation would be unjust to the employees who did not have the benefit of ad hoc appointment without any fault on their ..... moreover, unless an employee is regularly promoted either substantively or on temporary or officiating basis after considering all the eligible employees with him, he cannot be taken to be rendering service in the higher cadre on regular basis so as to give him advantages in the matter of determining his placement in the seniority list of the employees in the promotional .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(5)BomCR67
..... candidates belonging to any of these categories are not available, then the vacancy or vacancies(i) of the head may be filled in by promoting any other teacher on the basis of senioritycummerit after obtaining previous approval of the education officer;(ii) of the assistant head shall be kept unfilled for a period of three years unless such vacancy or vacancies could be filled in by promotion of any teachers belonging to such castes or tribes becoming available during that period.initially ..... representation was in fact rejected by the school management as well by education officer and feeling aggrieved thereby she preferred an appeal under section 9 of the maharashtra employees of private schools act before the school ttribunal. ..... is not disputed that all three schools are recognised schools, the schools and the teachers are governed by the maharashtra employees of private schools (conditions of service) regulation act 1977 as well as rules framed there under. ..... ramzan khan it was held that non furnishing of a copy of the enquiry report to an employee amounted to violation of the principles of natural justice and any disciplinary action taken without furnishing such report was liable to be ..... to petitioner said promotions of petitioner as head master has been approved by the education officer when the petitioner was promoted to the post of assistant head master and the head ..... he also submits that section 9 of the maharashtra employees of private schools act gives a right to a person to .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR253; 2008(5)BomCR18; (2008)110BOMLR2679; [2008(119)FLR347]; (2009)ILLJ83Bom
..... was violation of the provisions of section 25g of the industrial disputes act as immediately after retrenchment of the petitioners other workers were engaged and the fact that 96 employees were found working in the factory as per the 10 inspection report of the labour officer subsequent to the retrenchment clearly indicates that the workers, juniors to the petitioners were working numbering 96 and, therefore, there was violation of section 25g of the act ..... workmen nor the compensation was paid on the day of retrenchment and no evidence was brought on record that the entire money was kept ready on the same day with the accounts office of the respondent for being collected by the workers assuming that any such notice was displayed on the notice board. ..... the submission regarding non-compliance of section 25n of the industrial disputes act is concerned, relying on the finding of fact concurrently recorded by the courts below that there were total number of employees being less than 100 in one year, the provisions of section 25n were not attracted. ..... the workers of contractor have also been show so this clearly shows that the respondent has engaged now employees, after retrenchment of complainants without following the provision of section 25h of the i.d. ..... it was then stated that there were 135 employees working with the respondent since one year and therefore the provisions of chapter v-b were applicable but before issuing retrenchment order three months notice was not given and the .....
Tag this Judgment!Court : Mumbai
Reported in : (2001)IIILLJ889Bom
..... the challenge in respect of violation of section 33(1) and (2) of the act is on the ground that conciliation proceedings in respect of general demands of the employees of the irrigation department of the entire state of maharashtra were pending and during the pendency of such conciliation proceedings 107 workmen have been issued retrenchment notices which amounted to alterations ..... the cashier or the accountant or the manager or the employer cannot be expected to chase the employees on the site wherever they might be posted or they might be physically available on work particularly when such gigantic projects are undertaken by the welfare state in the interest of ..... would be sufficient compliance of section 25-f of the act in such circumstances if the employees are requested to collect their retrenchment compensation from the cashier in the departments. ..... union appears to have espoused the cause of in all 107 employees who were employed by the state of maharashtra under the respondents ..... anything wrong or breach of section 25-f if the employer has requested the workman/ workmen to come to the accounts department or the office and collect the amount of retrenchment compensation as required under section 25-f of the act. ..... has stepped in the witness box to say that no retrenchment compensation was offered to him or to say that he had not received a communication 'requiring him to collect the amount of retrenchment compensation from the office of the division where he was an employee. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR51; 2004(1)BomCR756; 2004(1)MhLj596
..... in fact the provisions of law contained in the maharashtra non-agricultural universities and affiliated colleges standard code (terms and conditions of service of non-teaching employee) rules, 1984, hereinafter called as 'the said rules' r/w the constitution of the petitioners clearly disclose such power in the holder of the office of the rector and secretary and secondly it is challenged on the ground that the tribunal erred in disbelieving the testimony of the principal kranti kumar and ..... however, merely because for one or two days the employee has remained absent in a week, in anticipation that the employee may also remain absent on the remaining days of the week, the employer is not entitled to make any mark disclosing the absence of such an employee for such remaining days of the week, and that too, in advance.9. ..... merely because an employee had remained absent for two or three days in a week, in the absence of any rule, no employer can be permitted to draw such a line for the remaining days of the week on the assumption that even on those days the employee would not attend to his/her duties. ..... it is only when the day on which the employee remains absent, the employer would be entitled to denote cross-mark on the muster roll as against the name of the said employee. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR29; 2008(4)BomCR645; 2008(5)MhLj181
..... has been held, no findings have been arrived at and the employer is not inclined to conduct an enquiry, but at the same time, did not want to continue the employee against whom there were complaints, that would only be a case of a motive for the termination and the order of termination would not be punitive in nature. ..... , the petitioner had prepared a bogus roster register with a view to obtain the benefit of permanency and to accommodate another employee who belongs to the scheduled caste category though a vacant post therein was reserved for the scheduled tribes. ..... of backwages is concerned, it is now a settled principle that the burden lies on the employee to establish that he was not gainfully employed during the period of termination. ..... merely because there has been an allegation of misconduct against an employee that would not necessarily lead to the conclusion that the termination of service of a probationer by an order of ..... the education officer of the zilla parishad, filed an affidavit in reply to the appeal stating therein that the petitioner came to be appointed as a junior clerk upon which the proposal as submitted was sanctioned through his office for the ..... that a false record was prepared by the petitioner for his own benefit by showing that the post of a clerk was under the open category in order to obtain the approval of the education officer it had taken action. ..... approved by the education officer on 4th may, 1994 ..... approval of the education officer (secondary), kolhapur. .....
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