Court : Supreme Court of India
..... order for liquidation under this section shall be deemed to be a notice of discharge to the officers, employees and workmen of the corporate debtor, except when the business of the corporate debtor is ..... -section (4) of section 30 meets the requirements as referred to in sub-section (2) of section 30, it shall by order approve the resolution plan which shall be binding on the corporate debtor and its employees, members, creditors, guarantors and other stakeholders involved in the resolution plan: provided that the adjudicating authority shall, before passing an order for approval of resolution plan under this sub-section, satisfy that ..... ; (f) a body corporate whose board of directors, managing director or manager, in the ordinary course of business, acts on the advice, directions or instructions of the individual; (g) a limited liability partnership or a partnership firm whose partners or employees in the ordinary course of business, act on the advice, directions or instructions of the individual; (h) a person on whose advice, directions or instructions, the individual is accustomed to act; (i) a company, where the individual or the ..... . person or within the united states are prohibited, except to the extent provided by law or unless licensed or otherwise authorized by the office of foreign assets control: (1) for new debt issued on or after july 16, 2014 and before november 28, 2017, all transactions in, provision of financing for, and other dealings in new debt .....
Tag this Judgment!Court : Supreme Court of India
..... or direction, more particularly one in the nature of a writ of mandamus declaring the action of respondents in not bifurcating the subordinate judicial officers and other judicial officers of the erstwhile state of andhra pradesh as per section77 of andhra pradesh reorganisation act, 2014 and not distributing subordinate judicial officers and other employees to the state of telangana and to the state of andhra pradesh and issuance of impugned notification no.15/2014 rc dated 01.02.2014 and consequential ..... government may, in order to meet any deficiency in the service, depute officers of other state services from one successor state to the other: provided further that as far as local, district, zonal and multi zonal cadres are concerned, the employees shall continue to serve, on or after the appointed day, in that cadre: provided also that the employees of local, district, zonal and multi zonal cadres which fall entirely in ..... reorganisation act, 2014 and consequently direct respondents to distribute the subordinate judicial officers and other judicial employees to both the states and only thereafter make recruitments to the subordinate higher judicial service and judicial service and pass such other order or orders as this hon ..... 21 committees, (i) for the allocation of all india services officers born on undivided cadre of the state of andhra pradesh under the chairmanship of shri pratyusha sinha, and, (ii) for other state cadre employees under the chairmanship of shri kamlanathan .....
Tag this Judgment!Court : Supreme Court of India
..... stands answered by the judgment of this court in adi saiva sivachariyargal v government of tamil nadu,47 : 12 the argument that the present writ petition is founded on a cause relating to appointment in a public office and hence not entertainable as a public interest litigation would be too simplistic a solution to adopt to answer the issues that have been highlighted which concerns the religious faith and practice of a large number of citizens ..... petitioners have also referred to section 29a of the said act which stipulates that all appointments of officers and employees in the devaswom administrative service of the board shall be made from a select list of candidates ..... that have already been referred, this court held that the nathdwara temple was a public temple and that as the act extinguished the secular office of the tilkayat by which he was managing the properties of the temple, no right under article 26 could be said to have been ..... sabarimala temple is a religious denomination, for any temple under a statutory board like a devaswom board and financed out of the consolidated fund of kerala and whose employees are employed by the kerala service commission cannot claim to be an independent religious denomination .58. ..... the argument that the present writ petition to appointment in a public office and hence not entertainable as a public interest litigation would be too simplistic a solution to adopt to answer the issues that have been highlighted which concerns the religious faith and .....
Tag this Judgment!Court : Supreme Court of India
..... of sub-rule (1), submit to the reporting entity the certified copies of the following documents:- (i) certificate of incorporation; (ii) memorandum and articles of association; (iii) a resolution from the board of directors and power of attorney granted to its managers, officers or employees to transact on its behalf; (iv) (a) aadhaar numbers; and writ petition (civil) no.494 of 2012 & c onnected matters page 506 of 567 permanent account numbers or form 60 as defined (b) in the income tax rules, 1962, issued to managers ..... , officers or employees holding an attorney to transact on the company s behalf or where an aadhaar number has not been assigned, proof of application towards enrolment for aadhaar and in case permanent account number is not submitted an officially valid document shall be ..... submitted: provided that for the purpose of this clause if the managers, officers or employees holding an attorney to transact on the company s behalf are not eligible to be enrolled for aadhaar number and do not submit the permanent account number, certified copy of an officially valid document shall be submitted. .....
Tag this Judgment!Court : Supreme Court of India
..... against advertising and full-time employment, engage in broadcasting, journalism, in 6 paras 2 and 3 deleted by the bar council of india, resolution no.65/2001, dated 22nd june, 2001, which read as: nothing in this rule shall apply to a law officer of the central government of a state or of any public corporation or body constituted by statute who is entitled to be enrolled under the rules of his state bar council made under section 28 (2) (d) read with section 24 (1) (e) of the act despite ..... however, an exception is made in such cases of law officers of the government and corporate bodies despite his being a full-time salaried employee if such law officer is required to act or plead in court on behalf of others. ..... it is an admitted position that no rules were framed by the respondent entitling a law officer appointed as a full-time salaried employee coming within the meaning of para 3 of rule 49 to enrol as an advocate. ..... in the present case, on facts narrated above, relating to his employment as well as in the absence of rule made by the respondent entitling a law officer to enrol as an advocate despite being a full- time salaried employee, the appellant was not entitled to enrolment as an advocate. ..... the word advocate in article 233(2) was held to include a law officer of the central or state government, public corporation or a body corporate who is enrolled as an advocate under exception to rule 49 of bar council of india rules and is practising before courts for his employee. .....
Tag this Judgment!Court : Supreme Court of India
..... writ petitions were filed by the workers union against the appellant (fci) seeking a mandamus against the appellant (fci) directing them to implement the award (ex.p 1) passed by the industrial tribunal, chennai also in relation to the employees working in branch offices at kerala named above.5) the said award (ex.p 1) directed the fci to give benefits of regularization of the workers in the services of the fci consequent upon abolition of contract laborers system in relation to branch ..... .5) in the year 1992, a dispute arose between the appellant (fci) and around 955 employees working in the branch office at chennai as to whether these 955 employees are the employees of the fci or they are employed by the contract labourers society to work in the fci to carry out their business operations 2 and secondly, whether these 955 employees are entitled to claim regularization of their services as fci employees.6) the case of the appellant (fci), in substance, was that these (955 ..... ) employees were/are never the employees of the fci but were/are the employees of a contract labourers society .....
Tag this Judgment!Court : Supreme Court of India
..... (c) on his death or disablement due to accident or disease: provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due 3 xxx xxx xxx to death or disablement: provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the ..... officer employee. ..... belonging to the employer shall be forfeited to the extent of the damage or loss so caused; may be (b) wholly or partially forfeited (i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or (ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment. ..... operates either when the termination is on account of- (i) riotous or (ii) disorderly or (iii) any other act of violence on the part of the employee, and under sub-clause (ii) of sub-section (6)(b) when the termination is on account any act which constitutes an offence involving moral turpitude committed during the ..... first and foremost, we have concluded on the basis of section 4 of the gratuity act that an employee has the right to make a choice of being governed by some alternative provision/instrument other than the gratuity act .....
Tag this Judgment!Court : Supreme Court of India
..... cannot be any dispute that it is the authority of the employer to frame promotion policy for promotion of its officers and employees. ..... right to be considered for promotion in accordance with the rules for promotion is right of every officer and employee. ..... and post graduation training course, he could have been definitely in the list of promoted officer and denial of marks on aforesaid two counts was illegal. ..... the promotion policy dated 22.05.2006 is for promoting officers belonging to armed forces medical services (afms), hence restricting the award of marks to those ..... , in balco employees' union vs. ..... consideration of each officer has to be in accordance with the promotion policy as in existence and applicable to armed forces officers (medical). ..... our opinion, it is always open to an employer to change its policy in relation to giving promotion to the employees. ..... above case was also a case of promotion of officers of indian army. ..... of india and another, (2011) 10 scc121laid down that it is always open to an employer to change its policy in relation to giving promotion to the employees. ..... 8 of note: if an officer is having more than one above mentioned qualifications, marks for only one qualification will be ..... qualifications: officers in possession of the following academic will be awarded marks, as mentioned against each: qualification 1 (d) two year full time training program during study in india/abroad in a medical field from an institution/university recognized statutory body leave by .....
Tag this Judgment!Court : Supreme Court of India
..... pe04a)/2014/ac-iii new delhi chief vigilance officer, employees provident fund organization, bhikaji cama place, new delhi, chief vigilance officer, ministry of defence and chief vigilance officers of psus viz. ..... in relying upon the allegations adverted to in the pe registered by the cbi pursuant to the orders passed by the high court on 8th january, 2014 in writ petition no.5578/2013 and mistook it as the conclusion arrived at by the inquiry officer. .....
Tag this Judgment!Court : Supreme Court of India
..... . 6 s.o.1368(e) s.o.1896(e) (vi) the direction in the impugned dated notification 23.07.2014 as reiterated in the notification dated 21.05.2015 that the anti corruption branch police station shall not take any cognizance of offences against officers, employees and functionaries of the central government is in accordance with the constitutional scheme and warrants no interference since the power is traceable to entry 2 (police) of list ii of the seventh schedule to the constitution in ..... be embodied in the principle of collective responsibility, which is enforced by the pressure of public opinion and expressed specifically in terms of withdrawal of political support: the object of collective responsibility is to make the whole body of persons holding ministerial office collectively, or, if one may so put it, "vicariously" responsible for such acts of the others is are referable to their collective volition so that, even if an individual may not be personally responsible for it, yet, he will be ..... also been considered as a political component which political parties in power invoke to maintain party discipline.56 collective responsibility also exists in practice in situations where ministers have no knowledge of the actions taken by the subordinate officers of their respective departments: governing is a complex affair; hundreds of officials in dozens of departments make many decisions on a daily basis these officials are also part of the executive, and ministers are .....
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