Court : Gujarat
Reported in : (2009)3GLR2496
..... trivedi & gupta learned advocates for the petitioner invited attention of the court to the order passed on 1-2-2008 by the authorized officer of employees provident fund organization, vadodara, copy of which is produced at annexure a.2. ..... the fact that the petitioner had admitted before the officer that they had 16 employees and it is also on record that they had 12 articled clerks whereas the petitioner was entitled to have only 6 articled clerks, and there for, the officer has rightly taken 6 articled clerks as the employees of the petitioner which along with 16 employees comes to twentytwo. ..... the court is of the opinion that if at all these grounds are to be relied upon, the same should be done before the officer because these all involve questions of disputed facts, as to what number of employees, the petitioner was having. ..... officer then proceeded to record that out of 12 articled clerks if the petitioner was entitled to have only 6 articled clerks, the officer, has therefore, proceeded on the line that 6 articled clerks are to be treated as employees. ..... the officer has not committed any error in coming to the conclusion that the strength of the employees was twentytwo.7. ..... the officer, in turn, has recorded that in the inquiry report dated 21-3-1997, the respondents admitted that they had 16 employees. .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]149CompCas720(Guj); [2009(121)FLR800]; (2009)1GLR552; [2008]87SCL155(Guj)
..... section 630 is to provide a speedy and summary procedure for retrieving the property of the company where it has been wrongly obtained by the employee or officer of the company or where the property has been lawfully obtained but unlawfully retained after termination of the employment of the employee or the officer and to impose a fine on the officer or employee of the company if found in breach of the provision of section 630 of the companies act and further to issue direction if the court feels ..... 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 extend to two years.an analysis of the ..... the words 'such officer or employee' occurring in section 630(2) include past or present officer or employee or his or her ..... if the officer or employee of the company does any such act by which the property given to him is wrongfully withheld and is not restored back to the company, it will clearly amount to an offence within the meaning of ..... wrongful withholding of property:(1) if any officer or employee of a companya. ..... if it is held that other members of the family of the employee or officer or any person not connected with the family who came into possession through such employee would not be covered by section 630, such a view will defeat the quick and expeditious remedy .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)2GLR1644
..... company cases 557 (gujarat), this court has held that section 630 of the companies act, 1956, applies to a past officer or employee of a company, if the wrongful obtaining, withholding or application of the property was done in his capacity as such officer or employee. ..... if the company decides to seek possession under section 13(1) of the 1947 bombay act against the employee-tenant the company has to pursue the remedies before a competent court as provided under section 28 of the ..... decisions clearly indicate that if no independent right of tenancy is flowing in favour of the ex-employee of the company, mere retention of the possession or payment of municipal taxes, electricity bill ..... certainly entitled to claim possession on termination of the leave and license agreement between the applicant and the company in liquidation and as soon as the company goes into liquidation, the employer-employee relationship between the company in liquidation and the respondent no. ..... thus, when an employee refuses to vacate the premises of the company on determination of the employment or on his retirement but continues in possession even after his retirement, the employee can be held liable under section 630 ..... occupied the premises so long as the employee of the company in liquidation. ..... 2 being the ex-employee of new swadeshi mills company and there was separate leave and license with the company in liquidation, in view of the provisions contained in section 630 of the companies act, 1956 and the settled .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)3CompLJ516(Guj); (2008)3GLR2486; [2008]85SCL262(Guj)
..... this court has held that section 630 of the companies act, 1956, applies to a past officer or employee of a company, if the wrongful obtaining, withholding or application of the property was done in his capacity as such officer or employee. ..... section 468 empowers the court to make an order at any time after making a winding up order on any contributory, trustee, receiver, banker, agent, officer or other employee of the company, to pay, deliver, surrender or transfer forthwith or even such time as the court directs, to the liquidator, any money, property or books and papers in his custody or under his ..... (2005) 125 company cases 477 (sc), the hon'ble supreme court has held that the respondents having remained in possession after the death of the employee as his heirs and the company not having authorized them to remain in possession, possession of the company's flat by the respondents, after the service of notice to vacate the premises by the ..... in such cases all those who have come in possession of the premises with the express or implied consent of the employee and have not vacated the premises would be withholding the delivery of the property to the company and, therefore, they are liable to ..... (2003) 114 company cases 515 (sc), the hon'ble supreme court has held that if an erstwhile or former employee is prosecuted under section 630 of the act on account of the fact that he has not vacated the premises and continues to remain in occupation of the same even after termination of his .....
Tag this Judgment!Court : Gujarat
Reported in : [2007]76SCL83(Guj)
..... officer or employee' of a company in section 630 of the act would be a deeming fiction include the legal heirs and representatives of the employee or the officer concerned continuing in occupation of the property of the company after the death of the employee or the officer ..... wrongfully obtained or wrongfully withheld by an employee or officer of an ex-employee or ex-officer or anyone claiming under them. ..... same is challenged by way of reference and during the pendency of the reference, it was not open to the employer to ask the employees to vacate the quarters and therefore, the order passed by the learned sessions judge setting aside the conviction is absolutely just, proper and does not call for ..... in order to save the workman from this kind of retaliation that the legislature has enacted section 33(1) of the act providing that during pendency of any conciliation proceedings before a conciliation officer or a board of any proceeding before an arbitrator or a labour or tribunal or national tribunal in respect of an industrial dispute, no employer shall in regard to any matter connected ..... is in order to save the workman from this kind of retaliation that the legislature has enacted section 33(1) of the act providing that during pendency of any conciliation proceedings before a conciliation officer or a board of any proceeding before an arbitrator or a labour or tribunal or national tribunal in respect of an industrial dispute, no employer shall in regard to any matter connected .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1615
..... a manager, secretary, accountant or any other officer or employee of a society and the conditions of service of such officers and employees shall be such as may, from time to time, be prescribed:provided that no qualifications shall be prescribed in respect of any officer not in receipt of any remuneration.27 ..... bye laws is providing from time to time to appoint and at pleasure to remove or suspend or otherwise punish, as the directors deem best, for the management of the business of the federation, any officer, clerk or other employee of the federation, to fix their remuneration, salaries and wages, to appoint such staff temporary or permanent on such remuneration as they may deem necessary and to frame rules for recruitment, grades and scales ..... appoint any other person as a member of the committee in his place for the remainder of the term of his office;(b) if such failure is committed by a member of the society not falling under clause (a), remove him as a member of the society:(c) if such failure is, committed by an employee of the society, direct the society to remove such employee from employment of the society forth-with and if the society fails, without reasonable or sufficient cause to take ..... of staff by cooperative society is concerned under statute, gujarat cooperative societies act, 1961, section 76 thereof provides to the effect that the qualification and other conditions of service of officers and employees of society may be such as may from time to time be prescribed. .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR603
..... corporation and secretary - health be directed to regularize the appointment of the petitioner, in this case class ii medical officer in employee's state insurance scheme and further to declare that petitioner should not be compel to pass gpsc examination. ..... only considered the provisions of the act but we have also considered the judgments of the hon'ble the apex court in the case of m venugopal (supra) and punjab land development officer (supra), escorts ltd (supra), uprton india (supra), and also division bench judgment of this court on the case of j.j.shrimali (supra) and also the division bench judgment of the ..... no doubt true that workman has filed additional affidavit and pointed out facts of this case, however, in what context they were continued and in what context services of those employees was given exemption, all these aspects were not before the learned single judge.30.12 it may be noted that all these aspects have not been considered by the learned single judge ..... that the learned single judge and even the labour court ought to have considered the fact that respondent was holding a post which was held by a gazetted officer and the said post was being governed by bcsr, is a fact which was not denied before proceedings in the labour court and no contrary evidence was led ..... he has any authority to grant leave or not or he has got any power to take disciplinary proceedings against employees, does not prove that he was not holding a post, which was of an officer of supervisor. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj81; (2005)1GLR215
..... at any sale of movable or immovable property, held under the provisions of this chapter no officer or employee of a [land development bank] except on behalf of the bank of which he is an officer or an employee, and no person having any duty to perform in connection with such sale, shall either directly or indirectly bid for or acquire or attempt to acquire any interest in such ..... air 1960 supreme court 407 wherein it is held that though there was some force in the contention regarding jurisdiction of the authority to entertain an application of the employee, there being no failure of justice it would not interfere with the order of the high court dismissing the writ petition of the appellant.13. mr ..... patel has further invited the attention of the court to rule 35 (2) of the gujarat co-operative societies rules, 1965 which reads as under :-'(2) no officer or servant of a society shall purchase, directly or indirectly, any property of a member of the society sold for the recovery of his dues to the society ..... the sale was conducted by resorting to the provisions contained in bombay land revenue code and special recovery officer was appointed who was not answerable to the bank and was subject to the jurisdiction of the ..... with regard to applicability of rule 35 (2) of the rules, it is true that there is an embargo in the said rules on the officers or the servants of the bank either to directly or indirectly purchase the property of any client of the bank and since respondent no .....
Tag this Judgment!Court : Gujarat
Reported in : [2005]126CompCas469(Guj); [2005]58SCL452(Guj)
..... . desai has further submitted that the possession of the chawls by the occupants is illegal possession in view of the provisions contained in section 630 of the companies act which says that 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 articles and authorised by this act, ..... and another 63 company cases 62 wherein it is held that 'section 630 of the companies act, 1956, plainly makes it an offence if an officer or employee of a company, who was permitted to use any property of the company during his employment, wrongfully retains or occupies the same after the termination ..... . sub-section 2 of section 630 further empowers the court trying the offence to pass an order directing 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 ..... . the term 'officer of employer' in section 630 applies not only to existing officers or employees of a company but also to past officers or employees, if such officer or employee either (a) wrongfully obtains possession of any property of the company, or (b) having obtained such property during the course of his employment, withholds the same after the termination .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1326
..... it is very clear from the scheme envisaged under the said circular that any officer or an employee on the list of surplus employee unit shall be given appointment on any available vacant post at different place, in any cadre, in any pay-scale, in any part of the state of gujarat as deemed appropriate and he/she shall ..... it is, also, clearly manifested and articulated in one of the terms and conditions of the circular that the officer or employee on the surplus list shall be given new appointment only for the post for which he shall be holding the requisite qualification as per the ..... the officer or employee who has opted for being declared as surplus from the public sector ..... 3-corporation was incurring heavy losses, and therefore, a policy decision was taken to close down the corporation and to give an option to the employees of the corporation to either retire voluntarily with the benefits accrued therewith or to submit their option to be on surplus list of surplus-cell to be absorbed with the state government or the board or ..... closed down and the government had taken a decision to provide certain facilities of services to the employees and officers of the public sectors. ..... the officers and employees shall be deemed to have retired on the date that may be prescribed by the public sector and they shall be determining the period for payment ..... officers and employees opting for voluntary retirement shall be eligible for provident fund, leave encashment, gratuity amount payable as .....
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