Court : Mumbai
Reported in : 1999(2)ALLMR528; (1999)101BOMLR554
..... has also looked into the matter and has also come to the conclusion that the petitioner's ability during the relevant period to take the work from the contractor's employees working at site left much to be desired and in the circumstances during the two years 1987 and 1988, the petitioner's name was not included for the post of ..... and who have satisfactory record during the last three years of service may also be included in the new cadre of assistant engineer grade-ii as has been done in the case of the employees of the state government and for that purpose, a selection committee was constituted to go into the merits of the work of each sub-engineer having the qualifying service of five years. ..... who belonged to civil engineering cadre in which civil works were carried out through the contractors, the petitioner lacked the capacity to get the work done from the employees at the site and in the circumstances there was no question of any subordinate staff in the hierarchy working under the petitioner or not working under the petitioner as alleged. ..... therefore, that as a sub-engineer, the petitioner was working under the supervision of the executive engineer and if the executive engineer is therefore reporting officer who has seen the work of the petitioner at site as a sub-engineer, it cannot be stated firstly that the remarks made in the confidential ..... in the confidential reports indicate general assessment of the employee by the reporting officer and the reviewing officer. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(2)BomCR223
..... a false complaint was lodged, against the petitioner, written representation submitted by five advocates, who are residents of pachorabut practicing before the court at bhadgaon, on some days in a week have not been considered by the enquiry officer and the learned district & sessions judge, though these written representations were in support of the petitioner and even the written representation filed by shri a.d. ..... we are of the view that the learned district & sessions judge, jalgaon, has applied his mind to the report of the enquiry officer along with the proceedings conducted by him, the seriousness of the charges established against the petitioner and the necessity to maintain a conducive atmosphere in the court ..... it has been proved that shri jaiswal collects briefs and engages advocates, poses himself as an advocate or as an employee of court, he collects fees from the litigants and pays only part of the same to the advocates engaged by him, he creates terror by giving threats and assaulting the advocates, he indulges in corrupt practices and ..... it was then brought to the notice of the learned district and sessions judge, jalgaon, by the enquiry officer that the petitioner's request for producing witnesses in support of his case was turned down by him by a detailed order and the delinquent was given due opportunity to cross examine the complainants - witnesses. ..... of doing his assigned work, he is in the habit of indulging corrupt practices by entertaining court employees.'8. .....
Tag this Judgment!Court : Mumbai
Reported in : (2000)ILLJ1031Bom
..... annexure 6 of the said regulations contains guidelines regarding the age of retirement of the officers of the respondent bank and they are to the following effect:-'the following guidelines are issued by the government in terms of proviso to regulation 19(1) of the canara bank officers' service regulations, 1979:the age of retirement of an officer in the bank shall be determined in accordance with the following conditions:- (1) an officer employee of the bank recruited/promoted prior to july 19, 1969 shall retire on completion of ..... (3) an officer employee of the bank recruited whether as an award staff or as an officer employee on or after july 19, 1969 shall retire on completion ..... (2) an officer employee of the bank recruited prior to july 19, 1969 but promoted as an officer on or after july 19, 1969 shall retire on ..... on behalf of the respondent bank, its law officer has filed affidavit stating that the petitioner was recruited as a bank employee on august 6, 1970, and that as the petitioner was recruited after july 19, 1969 the age of retirement in ..... the conditions of the services of the petitioner are now governed by the canara bank (officers') service regulations, 1979, which were framed under section 19 read with section 12(2) of the banking companies (acquisition and ..... on the contrary, the said contracts specifically stated that the officer shall work in the bank for a period of one year from the commencement of the contract and the contract shall stand terminated at the end of .....
Tag this Judgment!Court : Mumbai
Reported in : [1999(81)FLR119]; (1999)IIILLJ1408Bom
..... responding to the apprehensions expressed by the material witnesses, the petitioner employer shifted the venue of the domestic inquiry to its office at pune, but agreed to compensate the delinquent employees and their representatives by payment of travelling allowance and lunch allowance for every day of attendance at the inquiry. ..... the charges, in essence, were that the delinquent employees had blocked the vehicle of the general manager of chemical division in which the general manager of the petitioner and certain other officers were travelling and that after blocking the vehicle on a lonely road leading to the factory, the delinquent employees pulled out the officers and severally assaulted them. ..... i am informed that the union representative, who is expected to defend the delinquent employees, is also not from paudh village, but he has to travel from another nearby village ..... in exercising such jurisdiction, at the highest, it could have eliminated the problems, if any, likely to be faced by the delinquent employees as well as their representatives in effectively defending themselves at the domestic inquiry. ..... short facts necessary for disposal of this writ petition at this stage are:on july 3, 1998 charge-sheets were issued to several employees working in the factory of the petitioner at village paudh. ..... i know of no principle of law by which the delinquent employees can demand that the venue of the inquiry should be fixed at a particular place, or that, if once fixed, it cannot be .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)ALLMR405; 1999(1)BomCR643; (1999)1BOMLR687; [1999(81)FLR767]; (1999)IILLJ109Bom; 1999(1)MhLj489
..... resumed her duty on 11th february, 1985 and told bahrani that the suspension was illegal and that she would take up the matter with the head office of the petitioner at jeddah, saudi arabia, bahrani complained to the country manager by his letter dated 11th february, 1985. ..... the 1st respondent is an ex-employee of the petitioner and the 2nd respondent is the presiding officer of the first labour court, mumbai, exercising adjudicatory jurisdiction under the provisions of the industrial disputes act, 1947 (hereinafter referred to ..... interruption and, finally, by its impugned award dated 16th april 1996, the first labour court, mumbai, concluded that the 1st respondent had been subjected to sexual harassment by her superior officer bahrani and that she was victimised for not yielding to the improper sexual advances of the said superior officer by dismissal from service on false and trumped up allegations. ..... the transportation of passengers, cargo and mail by air and has offices at various places all over the world including one at mumbai. ..... this was a case under section 14-b of the employees' provident funds & miscellaneous provisions act, 1952, which empowers the levy of damages for defaults in depositing the provident fund under the provisions of the act ..... the country manager summoned the 1st respondent to his office on 13th february, 1985 and threatened her that, with the help of the consul general of saudi arabia, he would ensure that her husband lost his job in saudi arabia, if she .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)153CTR(Bom)459; [1999]236ITR403(Bom)
..... agarwal at the time of his leaving the company in appreciation of his personal qualities as an employee, and, therefore, it was not in the nature of salary. ..... the case of the assessee-company before the income-tax officer was that this amount was paid to shri i.k. ..... the order of the income-tax officer was confirmed by the commissioner of income-tax (appeals), and the income-tax appellate tribunal. ..... agarwal as an employee.5. mr. ..... this contention of the assessee was rejected by the income-tax officer. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(1)BomCR443; 1999(3)MhLj973
..... similarly section 82 also gives protection from not defending a suit or other legal proceedings by any member or officer or any employees of the board for anything done with good faith and that the action has been done or intended to have been done under the provisions of the act. ..... section 82 of the electricity (supply) act, 1948 provides that no suit, prosecution or legal proceedings shall lie against any member or officer or any employee of the board for anything done in good faith under the said act. ..... section 56 provides that no suit, prosecution or other proceeding shall lie against any public officer, or any servant of a local authority, for anything done, or in good faith purporting to be done, under the said act and no court shall take cognizance of an offence by the public officer except with the sanction in case of a person employed in connection with the affairs of the union, of central government and in any other case of the state government. ..... the protection granted to the public officer or any servant of the local authority under section 56 is pre-conditioned on the fact that the action taken or purported to have been taken by the public officer or any servant of the local authority should be in good faith. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)ALLMR496; (1999)101BOMLR668
..... of the union in the said complaint was that the closure of the churchgate division of the company was contrary to the provisions of section 24 of the industrial disputes act, 1947 and therefore the employees continued to be in the service of the company notwithstanding the said closure and were entitled to full wages and all allowances as provided under the settlement entered into between the company and the union ..... head office employees' ..... an employer in connection with claims made against him for wages for the period of an illegal lockout, to prove misdemeanor and misconduct of employees sufficient to absolve him from the liability to pay wages for the period of such illegal lockout. ..... any violence or assault on any office or other employee has been set out. ..... , it cannot be overlooked that industry is run not only for the benefit of the employer and employees, but also for an unseen and uncared for third force, represented by society at large. ..... far as is relevant to the present enquiry provides, as follows:illegal lockout means a lockout which is commenced or continued, - (a) without giving to the employees, a notice of lockout in the prescribed form or within 14 days of the giving of such notice. ..... even while continuing the strike, if the employees indulged in the acts of force and violence and hold out threats or intimidation in connection with the strike either against non-striking employees or against managerial staff, the same is treated as an unfair labour practice as per .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)BomCR817; 1999(3)MhLj291
..... further urged by him that the cases on which reliance has been placed by learned advocate for the petitioner relate to single and lone instances in the case of service of employees who were terminated and that the whole matter has to be examined in the light of various pronouncements of the apex court including two judgments of the apex court which are ..... pronouncements of the apex court, the concept of, 'motive' and 'foundation' has been brought in for finding out the effect of termination and it was observed :-'if the delinquency of the officer in temporary service is taken as the operating motive in terminating the service, the order is not considered as punitive while if the order of termination is founded upon it, the termination is considered to be a punitive action. ..... however, if it is motive, it is not incumbentupon the competent officers to have the enquiry conducted and the services of the temporary employee could be terminated in terms of the order of appointment or rules giving one ..... the order and that but for the incident the petitioner would not have been discharged and, as such, the order of discharge would fall if the employee was not afforded a reasonable opportunity to defend himself as provided under article 311(2) of the constitution of india. ..... premlata misra (km) & others (supra), the respondent therein was temporarily appointed as assistant project officer and her appointment order postulated that her services shall be terminated at any time by giving .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (1999)(106)ELT495Tri(Mum.)bai
..... shri jatin shah has never gone back on his statement.another evidence against the appellant is the statement of ashok parekh, who has admitted that he went to the foreign post office on 1-3-1989 at the request of the appellant to assist jatin shah for the clearance of the two consignment and ashok parekh also confirmed that the two firms are only front companies ..... there is a further evidence by way of recovery of the hand written slips bearing the import-export code numbers of the two front companies from the office premises of the appellant, when viewed in the context of such evidence as above,the statement of the appellant denying his connection on a date subsequent to the seizure of the goods will not ..... on that day the appellant and shirish prabhu met him and requested to go to foreign post office and assist jatin shah in valuation of cut and polished diamonds which he had sent through his employee to be exported in the name of these two names. ..... the appellant gave a statement on 8-3-1989 denying having sent any of his employees to the postal appraising section for export of any consignment of cut and polished diamonds in the name of s.k.gems or ..... by both sides have been carefully considered.the appellant has been implicated by the statement of his own employee, who is also a relation of his, namely shri jatin shah. ..... stated that on 1-3-1989 he had attended the postal appraising section of foreign post office in connection with the export of cut and polished diamonds in the name of .....
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