Court : Mumbai
Reported in : 2000(1)BomCR576; (2000)IILLJ484Bom
..... words it is to refrain him to avail further opportunity to perpetrate the alleged misconduct or to remove the impression among the members of service that dereliction of duty would pay fruits and the offending employee could get away even pending inquiry without any impediment or to prevent an opportunity to the delinquent officer to scuttle the inquiry or investigation or to win over the witnesses or the deliquent having had opportunity in offices to impede the progress of the investigation or inquiry etc. ..... the rule framed by the state government in exercise of its power to regulate the conditions of service of its employees empower the appointing authority to place a government servant, who is facing a criminal charge, under suspension pending the completion of ..... mohanty, : (1995)illj568sc , has held that: 'suspension is not a punishment, but is only one of forbidding or disabling an employee to discharge the duties of office or post held by him. ..... has observed thus:--- 'ordinarily when there is an accusation of defalcation of monies the delinquent employees have to be kept away from the establishment till the charges are finally disposed of. ..... pursuant to that order, communication dated 24-6-1998 was addressed by the section officer in department of home, government of maharashtra to the director general of police to reinstate the petitioner in service pending criminal prosecution launched ..... this kind, it is advisable that the concerned employees are kept out of the mischief's range. .....
Tag this Judgment!Court : Mumbai
Reported in : (2000)IIILLJ407Bom
..... on going through the oral evidence adduced before the labour court and the documents produced by the company including the statements recorded earlier before the inquiry officer, the labour court found that the evidence of vinayak nabar on behalf of the company was reliable inasmuch as he has deposed that there was a strike for three months in 1983; that 150 workmen participated in ..... on june 15, 1983 and that one of the charge-sheeted employees opened the door of the tempo and assaulted bangera and the other workmen were instigating in the matter of assaulting bangera; that bangera started the tempo and ran away to report the incident to fountain office from where he was taken to colaba police station and to the hospital where he was treated. ..... learned counsel for the company submitted that since the three employees were offered decretal amount and they refused to accept the same on the ground that they had filed writ petition, the company was not bound to pay interest in respect of the period from ..... devadiga accepted the decretal amount whereas the remaining three employees, whose names have been given hereinabove, challenged the ..... a domestic inquiry was held and pursuant to the domestic inquiry, the services of the employees stood terminated vide letter dated may 25, 1985. ..... while bangera was waiting, the charge-sheeted employees approached the vehicle and started abusing (sic) the driver in filthy and ..... this evidence, none of the charge-sheeted employees stepped into the witness box. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(1)BomCR593; (2000)2BOMLR249; [2000(84)FLR71]; (2000)ILLJ398Bom; 2000(1)MhLj674
..... judge, was of the opinion that the findings of the enquiry officer were not flowing from the evidence on record and, therefore, he declared the order of dismissal as illegal and directed the petitioner to reinstate the respondent employee shri kamble with full back wages and continuity of service. 4. ..... it is curious to note that the learned industrial court did not accept the case of the petitioner that the delinquent employee had misbehaved and uttered indecent and filthy abuses towards the police sub inspector because he did not give the exact abuses uttered by the ..... in favour of the petitioner corporation and against the delinquent driver, i deem it necessary to observe hereunder as the learned advocate for the delinquent employee has submitted that his client is suffering from serious ailments and he has a grown-up son who is unemployed. ..... the learned counsel for the petitioner pointed out that there was sufficient evidence before the enquiry officer and that before the industrial court the original register of the hospital was produced and if that is to be read even in the context of the evidence before the enquiry officer it is clearly established that the delinquent driver was under the influence of alcohol at the ..... bapat then contended that no certificate as to the state of intoxication was produced before the enquiry officer and, at least to this extent, the enquiry officer's finding that the respondent workman was guilty of charges under clauses 10, 12, 29 and 45 of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom278; 2000(1)ALLMR523; 2000(2)BomCR736; 2000(2)MhLj515
..... the wholesome practice that the officers/employees especially dealing with public, should use badges with their names on their person while on duty and name plates should be kept on the tables where they work, has a distinct purpose, namely to facilitate the public to know the names of the employees in case any complaint was to be made ..... being asked as to whether there was any mechanism to deal with the grievances of the consumers, it was stated by him, after obtaining instructions from the department, that except for public relations officers, who look into the grievances of the consumers, there is no other cell to look into the grievances, but the complaints relating to excess billing are referred to excess billing committee constituted under ..... well as affidavits filed by the department and pointed out that the manner in which the petitioner has been treated by the department calls for severe action against the concerned employees of the department who have not only shown total lack of concern for the consumer, but are responsible for the harassment caused to the petitioner. ..... that the department should adopt the system of using badges with names on the person of the officers/all employees of the department, including linesman and other persons who go for out door duty. ..... free to fix the responsibility in the matter and recover the amount from the employees officers who are found responsible in this behalf.21. ..... plates on the tables of employees officers should also be introduced. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom244; 2000(1)ALLMR625; 2000(2)BomCR137; (2000)1BOMLR494; 2000(1)MhLj457
..... section 16(1)(g) of the said act, under which the petitioner has incurred disqualification, reads as follows:-'16(1) no person shall be qualified to become a councillor whether by election, or nomination, who,-- (g) is a subordinate officer or servant of government or any local authority or holds an office of profit under government or any local authority.' 6. ..... not only that but the post of daily wage conductor which the petitioner is holding is not an office of profit under the government or any local authority. ..... the employee of the m.s.r.t.c. ..... we deprecate such a practice on the part of the officers, like the respondent no. ..... returning officer, municipal council, ahmednagar, : air1998bom314 . ..... 2 collector in the matters of public importance wherein the elected representative is to be removed from the office. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(1)ALLMR247; 2000(1)BomCR583; (2000)1BOMLR288; 2000(1)MhLj328
..... (5-a) if, during the course of audit of any society, the auditor is satisfied that some books of accounts or other documents contain any incriminatory evidence against past or present officer or employee of the society the auditor shall immediately report the matter to the registrar and, with previous permission of the registrar, may impound the books or documents and give a receipt thereof at the society. ..... (4) every person who is, or has at any time been, an officer, or employee of the society, and every member and past member of the society, shall furnish such information in regard to the transaction and working of the society as the registrar, or the person authorised by him, may require. ..... under sub-section (5-a) the auditor is required to immediately report the matter to the registrar if the books of accounts or documents contain any incriminatory evidence against the past or present officer or employee of the society. ..... it may be mentioned here that under clause (f) of section 146 there will be offence under the act if the committee of society, or an officer or member thereof, fails to comply with the provisions of sub-sections (2), (3) and (4) of section 75. ..... under section 81(1)(a) a duty is enjoined upon the auditor to examine the matters provided in the provision and also on the part of all officers to produce all the books, accounts, etc. ..... 5038 of 1998 in the appollo textile mills employees' co-operative credit society ltd. v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(1)BomCR612; (2000)IILLJ745Bom
..... watch with regard to the enforcement of (i) the minimum wages act, 1948, (ii) contract labour (regulation and abolition) act, 1970, (iii) the factories act, 1948, (iv) the employees state insurance corporation act, 1948, (v) the employees provident fund and miscellaneous provisions act, 1996, (vi) inter state migrant workmen act, 1979, (vii) the maternity benefits act, 1961, (viii) industrial employment (standing orders) act, 1946 ..... 3 is that, they have always been ready and willing to employ the concerned workmen as per their length of service in phased manner upon the onset of season but the said employees at the instigation of the union were adamant in demanding wages right from the month of june, 1998, though the season had not begun from that month and therefore, the said ..... of that this contempt petition has been filed by the union and affidavit in support of the contempt petition has also been filed by one of the office bearers of the union but there is not a single affidavit of any of the concerned employees supporting the allegations made in the contempt petition. ..... respondents, are directed to allow free access to the office bearers of bhartiya mahila foundation to places where women employees are working or are residing. ..... mujawar, government labour officer shall be deemed to have been re-employed by the concerned employer-respondents with effect from 15-10-98 and the said 26 employees shall be paid accordingly, arrears of the wages for the period from 15-10-98 till 16-12-98 .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)ALLMR376; (2000)IIILLJ555Bom
..... view, the learned judge of the industrial court has ignored the material on record which is quite substantial it is not a case of one or two instances but 11 instances in a span of about nine years after the confirmation of the employee and they are all relating to absence at the place of work, coming late on duty, not performing the duty properly, sleeping while on duty and being found drunk at the place of duty on an earlier occasion. ..... work remained pending and it is reported that it is very difficult to take work from him.7.c-231-6-92remained absent without prior permission.8.c-2416-4-92over time is required to be given due to the absence of the employee concerned.9.c-2212-3-94came late on duty on five days in the month of january 1994.10.c-2630-4-95remaining on medical leave without giving certificate from25-4-95 to 30-4-95.11.c-255-12-95a report that the ..... throughout indicate that the respondent was not punctual on duty, he was found sleeping on occasions, he paid excess amount to the employees which showed inattentiveness, he left his place of work early, he remained absent habitually or even on medical ground without giving certificate ..... as the provident fund is concerned, the petitioner will be entitled to the amount which is deposited for him in the provident fund office plus provident fund for further three years on which he will be entitled to interest at the rate of 12 per cent as per section 7-q of the employees' provident funds and miscellaneous provisions act, 1952. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)ALLMR344; 2000(2)BomCR854; (2000)2BOMLR671; (2000)ILLJ575Bom
..... it is clear that most of these appointments have been done in the year 1984 to 1986 and these appointments are made either in place of vacancies available and/or arising on account of resignation or demise while in service by transferring permanent employees from amongst the staff categories who were working in other zones and perhaps were found surplus in such zones. ..... these three writ petitions filed by the kapus ekadhikar karmachari sangh, which is a registered trade union for and on behalf of the seasonal employees working under the aurangabad, nanded and parbhani zones of the maharashtra state co-operative cotton growers marketing federation ltd. ..... we have clarified in our judgment regarding the remedy available to the petitioner union, in case any of the seasonal employees are discontinued and after assessing such a remedy, we have directed the stay order to be vacated. ..... clerks, peons and watchmen in different zones and at different sub-zonal offices, (ii) there should be an increase in the sanctioned strength of the seasonal employees, (iii) the vacancies in class iii and iv cadres in all offices should be filled in from the seasonal employees. ..... the government appointed such a committee which is popularly known as bhuibhar committee and matters which were referred to the said committee were (a) the strength of the seasonal employees required to be employed in every zone considering the nature of duties, features of cotton season etc. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(4)ALLMR496; 2000(1)BomCR826; (2000)1BOMLR275; [2000(85)FLR50]; (2000)IILLJ9Bom; 2000(2)MhLj6
..... according to the petitioner, the certified standing orders were in the form of an agreement between the employer and the employees and since the bank had not acted in accordance with clause 22(7) of the standing orders by refusing to grant the petitioner extension after the age of 55 years, engaged in an unfair labour practice under item 1(a) and 1(b) and ..... no doubt it is not that the right to get extension is a vested right in the employee but it is the vested right in an employee to expect that his prayer or his request for extension would be objectively and seriously considered on the basis, of his service, past record, his reputation and his ..... present case the manager has merely written a letter to the chief officer vaguely giving some grounds without stating anything in particular against the petitioner. ..... expected for the management that it must record the reasons why the employee had become a dead wood not to be continued any more in ..... it is further very significant to note that the manager himself or the chief officer who had finally passed the order did not step in the witness box to justify the order denying extension to the petitioner under the ..... the chief officer has merely reproduced the letter of the manager and without any additional material and without his own application of mind, refused to grant extension to the ..... dated 5th february 1990, it appears that the chief officer considered the d.o. ..... january 1990 addressed by the manager to the chief officer of the bank. .....
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