Judgment Search Results Home > Cases Phrase: officer or employees Sorted by: old Court: mumbai Page 90 of about 18,409 results (0.024 seconds)

Commissioner of Income Tax Vs. Kuipers Tiesto

Court : Mumbai

..... such sum is payable or paid directly or indirectly by the government of a foreign state or any institution or association or other body established outside india; (xi) the remuneration received by him as an employee of the government of a foreign state during his stay in india in connection with his training in any establishment or office of or in any undertaking owned by, - (i) the government; or (ii) any company in which the entire paid-up share capital is held by the central government, or any state government or ..... the aggregate a period of ninety days in such previous year; and (c) such remuneration is not liable to be deducted from the income of the employer chargeable under this act; (via) the remuneration received by him as an employee of, or a consultant to, an institution or association or a body established or formed outside india solely for philanthropic purposes, for services rendered by him in india in connection with such purposes; provided that such institution or association ..... pro-consul or by any other name, of a foreign state for service in such capacity; (iv) the remuneration received by him as a trade commissioner or other official representative in india of the government of a foreign state (not holding office as such in an honorary capacity), if the remuneration of the corresponding officials, if any, of the government resident for similar purposes in the country concerned enjoys a similar exemption in that country; (v) the remuneration received by him as a .....

The Tata Hydro-Electric Power Supply Co. Ltd. and others Vs. Tata Hydr ...

Court : Mumbai

Reported in : 1998(2)ALLMR486; 1998(3)BomCR128; (1998)1BOMLR597; [1998(79)FLR202]; 1998(1)MhLj915

..... far as clause (d) of sub-section (1) of section 20 the expression to appear on behalf of any employee or employees in any domestic or departmental enquiry held by the employer must be read to mean in a case where an employee wants to be represented by a recognised union then in such an event by the officer bearers whose names are spelt out under rule 18. ..... the rules are read together it would appear as if only those officers/members of the office staff and members of a recognised union as may be authorised have the right to appear on behalf of an employee or employees in any domestic or departmental enquiry held by the employer. ..... permission to hold discussions on the premises of the undertaking with the employees concerned who are members of the recognised union; provided that :- (a) the union shall intimate in advance to the employer the name or names of the officer or officers authorised for the purpose and the name of the department or departments in which the members concerned are employed and (b) the discussions shall be held in such manner as not to interfere with the working of the undertaking ..... except for reasons to be recorded in writing by the officer holding the enquiry, the employee shall be permitted to produce witnesses in his defence and cross-examine any witnesses on whose evidence the ..... in these circumstances it cannot be said that the office bearer of a union has no right of representing the delinquent employee in a domestic enquiry merely because he happens to be .....

Mahalaxmi Shikshan Sanstha Vs. State of Maharashtra and Others

Court : Mumbai

Reported in : 1998(2)ALLMR35; 1998(3)BomCR796; 1998(1)MhLj826

..... officer from the panel of teachers on whom state/national award has been conferred (b) in the case of-the head referred to in sub ..... decision of the management; (ii) one member to be nominated by the employee from amongst the employees of any private school; (iii) one member chosen by the chief executive ..... days whether an enquiry be conducted against the employee and if it decides to conduct the enquiry the enquiry shall be conducted by an enquiry committee constituted in the following manner, that is to say, (a) in the case of an employee (i) one member from amongst the members of the management to be nominated by the management or by the president of the management if so authorised by the management, whose name shall be communicated to the chief executive officer within 15 days from the date of the .....

Bastimal S/O Lalchand Shirsath Vs. Maharashtra State Road Transport Co ...

Court : Mumbai

Reported in : 1998(3)ALLMR614; 1998(3)BomCR707; [1998(79)FLR499]; 1998(2)MhLj556

..... on assessment of the oral and documentary evidence brought before the labour court including departmental enquiry proceeding, the labour court accepted the findings of the enquiry officer and held that the enquiry was conducted in keeping with the principles of natural justice and there was no reason to impair the enquiry. ..... on assessing the oral and documentary evidence, the enquiry officer submitted his report and held the petitioner-employee guilty of all charges levelled against him. ..... in the instant case there is exhaustive procedure laid down which is styled as maharashtra state road transport corporation employees discipline and appeal procedure 1951, framed under section 34 of the state transport corporation act. ..... it is true that in cases of complainants who are removed from service under the provisions of model standing orders or settled standing orders framed under the industrial employees (standing orders) act, 1946, it is a mandatory requirement that while awarding punishment of dismissal, the employer is required to take into consideration not only the nature of charge proved against delinquent employee, but also the past record of service and other extenuating circumstances. ..... a second show-cause notice was issued to the petitioner alongwith the finding recorded by the enquiry officer and his say was called upon, on the finding recorded against him and also the quantum of punishment.3. .....

The State of Maharashtra Vs. Dnyaneshwar Rakmaji Aher and Another

Court : Mumbai

Reported in : 1998(3)ALLMR601; 1998(3)BomCR355; (1998)1BOMLR326; 1998(2)MhLj135

..... in a case like the present one, if the employer has taken a plea, right from the very first stage of conciliation, that the service of the employee was neither terminated nor discontinued by the petitioners and that the employee himself did not report for the temporary work which was allotted to him, the labour court ought to frame and decide a preliminary issue, as to whether there was a termination of service because unless the same ..... as there was no dispute regarding the alleged termination of service for a period of five years, as is clearly demonstrated by the behaviour of the respondent, there was no occasion for the conciliation officer or the competent authority to make a reference for adjudication of such a demand which was not only stale but also fabricated, by way of an afterthought and/or to make a backdoor entry in government service. 13. ..... stopped undertaking casual or temporary works though they are urgent and essential for fear that if those who are employed on such works are required to be continued for 240 or more days have to be absorbed as regular employees although the works are time bound and there is no need of the workmen beyond the completion of the works undertaken. ..... at the same time, when the demands which are stale are referred for adjudication, the claimant employee is necessarily required to explain the reasons for the inordinate delay, in approaching the conciliation officer or his inaction for such a long period. .....

The Indian Smelting and Refining Co. Ltd. Vs. Shri Subhash Vishnu Pati ...

Court : Mumbai

Reported in : 1998(3)ALLMR831; 1998(3)BomCR201

..... the mere fact that a reference under section 10(1) of the act was pending sometimes, does not by itself entitle an employee to claim relief under section 33-a of the act, since the main reference has been declared to be invalid and the reference itself has been quashed ..... a bare reading of section 33-a would indicate that an aggrieved employee is provided with the quick, expeditious and summary remedy of making complaint in writing to conciliation officer or board for mediating in the industrial dispute or to arbitrator, labour court, tribunal or national tribunal, as the case may be, for adjudication of the dispute where the employer has contravened the provisions of section 33 during ..... pendency of proceedings:- where an employer contravenes the provisions of section 33 during the pendency of proceedings before a conciliation officer, board, an arbitrator, a labour court, tribunal, or national tribunal any employee aggrieved by such contravention, may make a complaint in writing. ..... the act has been declared invalid and quashed, it can by no means be said that a proceeding is pending before the tribunal as contemplated by section 33(2) of the act, and if that is the position, and i have no doubt that it is so, an employee cannot invoke section 33-a of the act in order to get relief from a tribunal. ..... it would thus be seen that foundation of making complaint by the aggrieved employee under section 33-a is contravention of provisions of section 33 by the employer during the pendency .....

Anz Grindlays Bank Ltd. Vs. Grindlays Bank Employees Union and anr.

Court : Mumbai

Reported in : (2000)IIILLJ629Bom

..... bank gave rise to the demand by the union that it should stop such unfair labour practice and steps be taken to regularise the employment of all temporary employees by absorbing them as permanent employees and pay them all wages in conformity with the conditions laid down in the awards and settlements governing such services in the bank. ..... exhibit 17-m (the letter written by the union to the conciliation officer with which annexure 'a' was annexed) and the fact that no reply was submitted by the bank to this letter and the letter written by the bank dated september 6, 1993 also lead to inference that the concerned employees including nine workmen who did not examine themselves had completed 240 ..... officer the bank agreed to pay to the temporary employees their wages on par with the permanent employees during their employment but the industrial dispute for regularisation of service conditions of concerned workmen (sub-staff) ended in failure on august 19, 1992 and the conciliation officer submitted ..... the industrial dispute relating to termination of all 46 employees was raised and in that regard too the conciliation talks failed and accordingly the conciliation officer submitted his failure report and ultimately the central government ..... during the conciliation proceedings, the unions sent a letter to the conciliation officer on june 5, 1992 wherein it annexed annexure 'a' setting out the details of the period during which the concerned employees remained in employment with the bank. .....

Bombay Port Trust Employees' Union Vs. Union of India (UOi) and Ors.

Court : Mumbai

Reported in : [1998(79)FLR198]; (1999)ILLJ175Bom

..... the short facts necessary for the disposal of the writ petition are :the petitioner, bombay port trust employees' union (for short 'union') served a strike notice on the chairman, bombay dock labour board (respondent no.2 herein) pressing for the demand that promotional post of tindel in chipping and painting section should be filled from ..... act, 1947, the dispute covered by the notice of strike dated july 26, 1993 given by the petitioner (and also direct the first respondent to decide the complaint dated october 20, 1993 filed before the conciliation officer under section 33-a of the industrial disputes act, 1947). ..... commissioner of labour, bombay held conciliation proceedings on august 4, 1993 and ultimately on march 13, 1994 the conciliation officer submitted failure report to the central government. ..... secretary, chipping and painting employees association private limited depriving senior mazdoors of their right to promotional post of tindel be held illegal and unjustified. ..... the conciliation officer and asst. .....

Municipal Corporation of Greater Bombay Vs. Hanumant Jotiram Mane and ...

Court : Mumbai

Reported in : (1999)IILLJ667Bom

..... he has also observed that in the absence of any inaction of the employees, why the action against the employees was not taken, though present on duty but did not discharge their duties ..... position is that the group of eight persons had entered in the enclosure which is outside the starter's office along with one more person, who was ex-employee. ..... the second issue is that the findings of the inquiry officer are perverse and the alleged perversity was also held in favour of the undertaking by the trial ..... management of the undertaking has felt that the employee should be dismissed from the service. ..... was done in the background of disciplinary action having been taken against the two employees who were belonging to the union of dr. ..... learned appellate judge came to the conclusion that the labour court's findings as to the propriety of the inquiry may be correct but, so far as the merits of the case are concerned, the findings of the inquiry officer are totally perverse and deserve to be set aside. ..... the third point is on the findings of the inquiry officer, whether they are perverse and deserve to be interfered ..... group of eight persons had taken the aforesaid action in support of their demands relating to those two employees belonging to the said union. ..... workmen is on the point of dismissal of an employee without any inquiry. ..... the charges levelled by the inquiry officer were vague and that the evidence relied upon by the undertaking of the witnesses is of no consequence because they are not the eye .....

Bedrock Ltd. (In the Matter of Scheme of Compromise/Arrangement Betwee ...

Court : Mumbai

Reported in : 1998(3)ALLMR729; 1998(4)BomCR710; (1998)2BOMLR5; [2000]101CompCas343(Bom)

..... apart from having a managerial team the work force exceeds 100 employees and the applicant company has 12 branch offices in the aforesaid various states. ..... the petitioner is a company incorporated under the companies act and has registered office at b-2 laxmi industrial estate, goregaon (west), bombay 400 090 (hereinafter referred to as 'bedrock'). ..... the court does not function as a rubber stamp or post office and it is incumbent upon the court to be satisfied that the scheme is genuine, bona fide and in the interest of creditors of the company.23. ..... for the purpose of setting up branch offices the applicant company also took premises in various locations under independent arrangements, like rent/lease. ..... this court by order dated 12th december, 1996 directed the office to draw up decree expeditiously. .....