Court : Punjab and Haryana
Decided on : Jul-24-1991
Reported in : (1999)IIILLJ190P& H; (1992)101PLR16
..... it in the criminal complaint filed against it by the provident fund inspector, batala, under sections 14(2) and 14a of the employees' provident funds and miscellaneous provisions act, 1952 and paragraph 76 (b) of the employees' provident fund scheme, 1952. in respect of the various lapses enumerated in the complaint, bus service company aforesaid was ..... or that he exercised all due diligence to prevent the commission of such offence.(2) notwithstanding anything contained in sub-section (1), where an offence under this act, the scheme or the family pension scheme or the insurance scheme has been committed by a company and it is proved that the offence has been committed with ..... other document, or makes a false return, statement or other document, or makes a false declaration, or(c) obstructs any inspector or other official appointed under the act or this scheme in the discharge of his duties or fails to produce any record for inspection by such inspector or other official, or(d) is guilty of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-28-1991
Reported in : (1993)IILLJ226P& H; (1992)101PLR408
..... related to the delay in payment of the contributions; and that method for determining damages was entirely reasonable and showed that no officer acting under section 14b of the act could act arbitrarily but had to follow the reasonable guidelines of the government contained in the aforesaid table.'12. we are of the view that ..... commissioner, (supra). in that case, the supreme court, while considering a similar provision contained in section 10f of the coal mines provident fund and bonus schemes act, 1948, has clearly ruled that the words 'damages not exceeding 25per cent.' show that the determination of damages is not an inflexible application of a rigid formula ..... not in dispute that government has provided the table to levy damages in case the employer fails to pay contribution within the stipulated period as provided under the act.11. the court in international electricals v. regional provident fund commissioner, (1980) 57 fjr 94, considered the application of the table framed by the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-23-1991
Reported in : (1993)IIILLJ827P& H
..... the employer's contribution.11. the employees' insurance court came to the conclusion that the ad hoc assessement was not warranted by section 45a of the act. this section reads thus:'determination of contribution of certain cases.-(1) where in respect of factory or establishment no returns, particulars, registers or records are submitted ..... could have been suggested, the expression must be given a liberal interpretation beneficial to the interests of the employees for whose benefit the employees' state insurance act has been passed.''9. the apex court observed that the expression 'wages' should be given a liberal interpretation beneficial to the interests of the employees.10 ..... to the conductors. the management challenged the order before the employees' state insurance court, ludhiana, in a petition under section 75(1)(g) of the act. the demand was assailed principally on the ground that the management does not pay any travelling allowance to the drivers and the conductors; it pays the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-16-1991
Reported in : (1992)IILLJ177P& H
..... , sishpal singh, avtar singh, paramjit kaur and harsvardhan sarin after termination of services of the petitioners without complying with the directions of section 25h of the act. the plea taken by the bank is that the persons mentioned above were initially appointed on ad hoc basis/daily wages and later on their services were regularised ..... as rajbir singh v. state of haryana, 1983 (1) slr 38, that a retrenched workman cannot seek reinstatement with back wages,but section 25h of the act nevertheless does accord a preferential treatment for re-employment if after retrenchment a vacancy of similar or comparable post occurs. paragraph 37 of the said report is reproduced ..... affirmative. while a validly retrenched workman in the nature of things cannot as a matter of right seek reinstatement with back wages, section 25h of the act nevertheless does accord a preferential treatment to him for re-employment if after the retrenchment of the workman a vacancy of similar or comparable post occurs in .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-18-1991
Reported in : I(1993)ACC254; 1992ACJ312
..... (karnataka)].27. we answer the reference in the following terms:with effect from 2nd march, 1970, the date of coming into force of the motor vehicles (amendment) act, 1969 (act no. 56 of 1969), a claim for compensation suffered for damage caused to property preferred by a third party in all circumstances can be tried by motor accidents ..... insurance co. ltd. air 1962 mp 19, cited by the learned counsel for the insurance company, the division bench had no occasion to consider the effect of 1969 amendment act and hence that decision is totally besides the point for determining the controversy arising for decision before us.21. when gauri shankar shanna's case, 1985 acj 734 ( ..... accident occurred in a public place.(italics by me)it is to be noted that all the provisions touching-damage to property-were newly introduced.8. the motor vehicles (amendment) act, 1969 came into force w.e.f. 2nd march, 1970.9. section 110. (1). as it stands, provides for claims for compensation being preferred before the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-08-1991
Reported in : 1991(34)ECC1; 1991(55)ELT15(Bom)
..... to set out the relevant provision of section 14(1)(a) and (b) as it stood at the relevant time and prior to the amendment : '14(1) for the purposes of the customs tariff act, 1975, or any other law for the time being in force whereunder a duty of customs is chargeable on any goods by reference to ..... the assistant collector informed the company that tentatively he had decided to load the invoice of ckd components at the rate of 2.5%; 1.5% on account of patent, trade marks and designs, and 1% on account of royalty. the company entered into a large correspondence with the assistant collector controverting the claim that the provisions of ..... of the goods for calculation of customs duty. the communication further recites that out of the lump sum amount paid to the peugeot, 15% is attributed towards designs, patents and trade marks. the assistant collector further claims that the circumstances under which ckd packs are imported warrant the application of valuation under rule 8 read with section 14 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-17-1991
Reported in : AIR1992SC1488; JT1991(6)SC480; (1992)2MLJ28(SC); 1991(2)SCALE1398; (1992)1SCC684; [1991]Supp3SCR485; 1992(1)LC474(SC)
..... kashmir.17. it is true that this extention is on and with effect from 24-9-1984 but by virtue of this very amendment act, certain provisions of the principal act, as amended by the amendment act, were given retrospective effect to the extent specified. in such a case it would be obvious that the said retrospective operation is equally ..... according to it, the only relevant test is whether the civil court (under section 18) is rendering its decision (award) on or after the commencement of the amendment act--no other circumstance need be noticed. even if the acquisition proceedings have begun and award of the collector made prior to 30-4-1982, this benefit is available ..... section 23(1-a), that the benefit thereunder is available to all cases where the civil court makes its award on or after the coming into force of the amendment act. kania justice speaking for the division bench laid particular stress upon the words 'courts' and 'award' occurring in the said sub-section. the opinion expressed is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-24-1991
Reported in : 1991(2)ALT403
..... even other relief which the court deems fit, certain other directions based on section 100 were issued. therefore, the petitioners could and should have filed a letters patent appeal against the relief refused and hence the bar of resjudicata is clearly attracted. the attempt to equate a refusal of relief sought for with a case of grant ..... adverse finding on the question of constitutionality and that the writ petitions were allowed and the petitioners could not have preferred any appeal under clause 15 of the letters patent.12. in our view, this submission is not correct. the petitioners sought for a specific relief of declaration that the provisions were unconstitutional and the said relief ..... deciding the lis, there was no limitation of time imposed under the old act while a period of one year is fixed under sub-section (4) of section 100 of the new act. it is well-settled that, unless there is anything in an amending law or a law as re-enacted, a period of limitation freshly introduced .....
Tag this Judgment!Court : Orissa
Decided on : Dec-03-1991
Reported in : 1992ACJ1153
..... sum payment and uncertainties of life.5. so far as the interest is concerned, it needs no emphasis that grant of interest is discretionary under section 110-cc of the act. the rate of interest awarded by the tribunal does not appear to be unreasonable and, therefore, no interference is called for.6. it reveals from the records of the tribunal ..... s.k. mohanty, j.1. this is an appeal under section 110-a of the motor vehicles act, 1939. appellant nos. 1 to 4 are minor sons and daughters and appellant no. 5, the mother of one rama chandra sethi, who lost his life in an accident on .....
Tag this Judgment!Court : Orissa
Decided on : Feb-22-1991
Reported in : II(1991)ACC721
..... approached this court invoking the jurisdiction under letters patent.2. appellant no. 1 is the daughter-in-law and appellant no. 2 is the son of deceased radhu bewa who died in a motor accident.3. it was claimed ..... directed against the order passed by hon'ble dr. justice b.n. misra who at the admission stage dismissed an appeal filed under section 110-d of the motor vehicles act. the claimants are the appellants and the learned second motor accident claims tribunal having dismissed their claim and on appeal, the learned single judge having dismissed the same, they have .....
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