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(2)ALLMR98; 2000(3)BomCR94; (2000)2BOMLR180; [2000(86)FLR280]; (2000)IILLJ1253Bom; 2000(3)MhLj367
..... since there was absolutely no response from the officers or employees and considering the financial crisis, and to make the scheme more attractive respondent no. ..... no officer or employee came forward to accept voluntary retirement under the said scheme offered by the respondent no. ..... 2, therefore, by a circular dated 22nd august, 1988 announced the voluntary retirement scheme and called upon the officers and employees to accept the voluntary retirement so as to enable the corporation to overcome financial crisis.2. ..... ) for each completed year of the service with the corporation and for that purpose any employee who had completed the service of six months or more were to be entitled for one month's salary under the said voluntary retirement scheme announced by the respondent under circular dated 22nd august, 1988. ..... 2 took a decision to introduce voluntary retirement scheme (vrs for short) for the employees including officers of respondent no. ..... 1-state of maharashtra has partly modified the terms of voluntary retirement scheme as far as officers of the corporation are concerned providing for payment of compensation of 1 1/2 months' salary per year of service instead of 3 months salary as earlier offered by way of compensation. ..... the circular dated 22nd august, 1988 did not contain attractive voluntary retirement scheme and consequently, there was no response from the employees or officers. ..... 2 as executive officer from 6th january, 1984. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)ALLMR545; (2001)1BOMLR339; 2000(4)MhLj609
..... drivers were also directed that they should not allow any officer or any other employee of the zilla parishad to drive the vehicle without prior permission; and it was further directed that, if it was noticed that the driver had allowed any officer or employee to drive the vehicle, action would be taken against ..... the petitioner had taken many of the employees and other persons to shri deshpande, assistant district health officer, to record their statements with respect ..... 3 - on 23/27.1.1986 and all the officers and other employees of the zilla parishad were prohibited from driving the vehicles of zilla parishad either in the absence of the drivers or in the ..... the stand taken by the respondents is that, as the petitioner was temporary employee, it was not necessary to hold any departmental enquiry against him before ..... that, while on duty, the petitioner has misbehaved with female employees as well as with the president of mahila mandal, taluka vaijapur ..... so.the petitioner was not appointed as a substantive employee, to be considered as a probationer, and, therefore, clause (vi) of rule 6 of the 1967 rules cannot be made ..... were purely of temporary nature, on receiving the report of the assistant district health officer, the services of the petitioner were terminated.9. ..... it may be that the chief executive officer, zilla parishad, within the powers vested in him, had appointed the petitioner by way of nomination, but this appointment was not as per the maharashtra zilla parishad district .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)BomCR419
..... secondly, it was contended that the legislature never intended to include past officers and employees of a company within the ambit of section 630 which provides for prosecution of an officer or an employee of a company for wrongfully withholding the property of the company inasmuch as it has used different language where it was so intended, namely, in sections 538 and 545 ..... times and places of meetings of the board and the procedure to be followed at such meetings under sub-section (1) of section 7 including quorum necessary for the transaction of business; (b) the term and other conditions of service of officers and employees of the board under sub-section (2) of section 9; (c) the matters relating to issue of capital, transfer of securities and other matters incidental thereto and the manner in which such matters shall be disclosed by the companies under ..... 1987 sc 2245, a question arose as to whether the term 'officer or employee' in subsection (1) of section 630 of the act must be interpreted to mean not only the existing officer and employee of the company but must also include past officer and employee of the company. ..... was submitted before the court that section 630 makes it an offence where any officer or employee of the company wrongfully withholds possession of such property of the company. ..... a full discussion, their lordships held that the term 'officer or employee' of a company included not only the existing officers or employees but also past officers or employees. 63. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)MhLj218; [2003]41SCL27(Bom)
..... sections (a) and (b) are separated by the word 'or' it is clear that two contingencies are covered by section 630, namely officer or employee of a company wrongfully obtaining possession of any property of a company or secondly having such property in his possession wrongfully ..... as under :-- 'section 630 of the act which makes the wrongful withholding of any property of a company by an officer or employee of the company a penal offence, is typical of the economy of language which is characteristic of the draughtsman of ..... section 630 of the act which makes the wrongful withholding of any property of a company by an officer or employee of the company a penal offence, is typical of the economy of language which is characteristic of ..... in amritlal chum case obviously fell into an error in seeking to curtail the ambit of section 630(1)(b) by giving a restrictive meaning to the term 'officer or employee' which must take its colour from the context; in which it appears ..... . (2) 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 ..... . it would be noticed that clause (b) also makes it an offence if any officer or employee of a company having any property of the company in his possession knowingly applies it to purposes other than those expressed or directed in the .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(4)BomCR58; [2002(94)FLR779]
..... shri bhatt further points out that if the security officer had found that there were more than one drums in that case there would have been some evidence before the enquiry officer as to what happened to the other drum, as the employee was allowed to take one drum as permitted under the transmission slip. ..... if the petitioner employer was sure that the employee was loading more than one drum in that case the security officer ought to have very categorically stated in his evidence as to how many drums were loaded in the taxi and why he had allowed the taxi to leave the gate. ..... shri shivkumar has deposed before the enquiry officer that he had given those brass plates to the employee as he wanted the same for the purpose of the use in the temple. ..... shri bhatt has further submitted that in the enquiry the employee had examined shri shivkumar, the scrap dealer who had deposed that he had purchased the said discarded brass plates from the petitioner-employer along with a number of other items the list of which was given to the enquiry officer and the same forms part of the record. ..... shri bhatt, therefore, submitted that the security officer was satisfied with the explanation given by the employee that he was allowed to carry one drum and he was actually carrying one drum and the discarded brass plates which were given to him by the scrap dealer shri shivkumar. ..... on the basis of the evidence on the record the enquiry officer held the employee guilty of the charges levelled against him. .....
Tag this Judgment!Court : Mumbai
Reported in : [2003(97)FLR492]; (2003)ILLJ929Bom; 2003(1)MhLj643
..... court after considering the provisions of act of 1971, schedule iv which enumerate 10 general unfair labour practices on the part of the employer held, 'dismissing employee for patently false reasons and taking a hypothetical case in which the only allegation in the complaint was that an employee was dismissed for patently false reasons, without a further allegation that the dismissal was in utter disregard of principles of natural justice in conducting domestic inquiry, as ..... on the part of any person, the court can direct all suchpersons to cease and desist from such unfair labour practice and takesuch affirmative action, including payment of reasonable compensation to the 'employee affected by the impugned labour practice,' 'or reinstatement of the employee with or without backwages or the payment of reasonable compensation as may, in the opinion of the court, be necessary to effectuate the policy of the act. ..... on the report of the enquiry officer the employees approached the labour court challenging the action of employer by filing ..... during the enquiry the employees also requested the enquiry officer to direct the management to ..... the inquiry officer held an inquiry andfound that the employees committed misconduct and accordingly the inquiry officer submitted his ..... the enquiry officer held that the charges made against the employees were proved ..... officer passed an order directing the said documents to be supplied to the employees ..... the inquiry officer the bank terminated the employees. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(3)ALLMR221
..... the industrial court further came to the conclusion that since the kolhapur branch office employees were not the parties to the settlement, they could not claim the benefits of the same as a matter of right and opined that the employees should move the government in reference under the industrial disputes act. ..... after hearing the manager of the kolhapur branch office and the employees concerned, the investigating officer found that the settlement applicable to the employees at chennai head office covered the service conditions of clerks, typists and peons and though the employees were employed in similar categories in kolhapur were not being paid the same wages and were not extended the service benefits available to the staff at chennai establishment despite the fact that they were ..... the other reason, according to the learned advocate, there was discrimination is because the monthly wages in kolhapur branch office were being paid on the basis of 26 working days per month whereas the employees at the head office at chennai worked for only 20 days in a month and were being paid at a higher rate. ..... she also submitted that the agreement signed in chennai head office was a settlement signed under section 2(p) r/w section 18(1) and would bind and govern only those employees who were working in the head office at chennai and who were party to the settlements either individually or through their trade union. .....
Tag this Judgment!Court : Mumbai
Reported in : [2004]120CompCas94(Bom); [2004(101)FLR269]; (2004)IILLJ680Bom; 2004(1)MhLj346; [2004]52SCL536(Bom)
..... was further pointed out that it is only that the dis-obedience of the order of the court that is made an offence, an officer or employee of a company may not vacate the premises as directed by the court and may undergo imprisonment for a period of two years, allowing ..... (2) the court trying the offence may also order such officer or employee to delivery 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 ..... not be in a position to order the officer or employee to deliver it up or the refund to ..... impugned orders on the following grounds, namely, -i) that the complaint is not filed by or in the name of the company to whom the room in question belongs but it is filed by one of its employees and therefore, the same is not maintainable.ii) that the petitioner's possession of the suit room is protected in view of the notifications dated 20.3.2001 and 20.6.2002 issued by the state government in exercise of its powers ..... -(1) if any officer or employee of a company - (a) wrongfully obtains possession of any property of a company; or(b) having any such property in his possession, wrongfully withholds it or knowingly applies it to purposes other than those expressed or directed in the article ..... out that on a plain reading of section 630, it is clear that if an employee or officer of a company wrongfully withholds any property belonging to the company it is an offence .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)BomCR190
..... the labour court ought to have seen that there was no allegations that some officer of employee of petitioners was against the respondent no. ..... in spite of this the labour court has held that there is no proof before the enquiry officer that complainant was asked to somebody to file school leaving certificate and it has further held that there is no proof that complainant before it filed such certificate before the screening committee. ..... however, the learned member of the industrial court has also not perused the enquiry report or the defence of employee during enquiry and has upheld the order of labour court mechanically.11. ..... the learned member of the industrial court has found that the documents sought to be produced before it, are not relevant in as much as the evidence on these lines was required to be led before the enquiry officer and has further held that application of mind by labour court is just and proper. ..... for that purpose, it was necessary for labour court to take each finding recorded by enquiry officer and then to find out whether that findings is supported by some material on record. ..... the labour court has substituted its findings in place of enquiry officer and has drawn its own conclusions by ignoring the evidence given by shri pande. ..... the perusal of order labour court reveals that these findings of enquiry officer or the questions and answers which are considered by the enquiry officer are nowhere considered by the labour court at all. .....
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