Judgment Search Results Home > Cases Phrase: salary allowances and pension of members of parliament amendment act 2003 Court: chennai Page 1 of about 11 results (0.142 seconds)

Lily Thomas Vs. State of Tamil Nadu

Court : Chennai

Reported in : AIR1985Mad240

..... assembly or in the legislative council or in both, whether continuous or not.explanation ii- for the purpose of additional pension referred to in the proviso to su-sec(i), the period of membership in the legislative assembly or in the legislative council or in both need not be continuous.explanation iii for purposes of this section, salary includes salary received under this act and salary received as -(i) a member of the parliament or any other state legislature-(ii) a minister or deputy minister of the government of india or of any other state. ..... to the various provisions in the constitution, some providing for payment of salaries, emoluments and allowances and some specifically providing for pensions to the offices concerned and the petitioner wants this court to draw the inference that since there is no particular article in the constitution envisaging conferment of pension to members of legislative assemblies and legislative councils of a state and who are also not public servants, the conferment of pension on them must be deemed to have been excluded by the constitution ..... any person who has been paid any pension under this act, as in force before the date of publication of the tamil nadu payment of salaries (amendment) act 1980 in the tamil nadu government gazette, becomes entitled to increase in the amount of pension so paid by virtue of the said amendment act, the increase shall be given effect only on and from the date of such publication and he shall not be entitled to .....

Ashok Leyland Employees Union and Another Vs. Union of India and Other ...

Court : Chennai

Reported in : 1997(3)CTC660

..... sections 10, 12 and 17 of the main act, according to the learned senior standing counsel for the central government, do not stand in the way or disable or in any manner the parliament from ushering in a new pension scheme and that the constitutional validity or the legality and prosperity of the scheme cannot be and ought not to be tested or judged in the context of the unamended provisions enacted earlier by the very same legislature and it is well within the legislative competence of the parliament to effect reforms by making amendments introducing ..... otherwise available as provident fund; (iv) the absence of classification or differentiation among those with longer years of service and higher scales of salaries as against those with lesser number of years of service and lesser scales of salaries, result in lack of uniformity in the rates of pension unlike in the case of government service of in public sector banks, thus leading to unjust results; (v) the rates of pension is not linked and has no relevance with the cost of living index, thus eroding the very purpose of the beneficial ..... which was payable to thewidow of the deceased member and theretirement-cum withdrawal benefits werealso allowed to the members at the timeof their retirement.employees' deposit linked this scheme was introduced to provideinsurance scheme, 1976. .....

Lily Thomas Vs. State of Tamil Nadu

Court : Chennai

Reported in : AIR1986Mad290

..... 322 which made provision for expenses of the union or a state public service commission, including any salaries, allowances, and pension payable to or in respect of the members or staff of the commission and that such expenses shall be charged on the consolidated fund of india, or, as the case maybe, the consolidated fund of the state.7. ..... proviso which also provides that no such pension shall be paid to any such person for the period during which such person was or is in receipt of pension for having been a member of the parliament or any other state legislature, or honorarium either from any state or the central government or from any company or statutory body owned or controlled by any state or the central government and if the amount of such pension or honorarium is equal to or in excess of the pension to which he is entitled under sub-sec ..... iii gives the meaning of the word 'salary' and includes salary received as a member of parliament or any other state legislature, as a minister or deputy minister of the government of india or of any other state, as chairman or deputy chairman of the council of states or the legislative council of any other state and as the speaker or deputy speaker of the house of the people or of the legislative assembly of any other state.3. ..... 12-b of the act was first introduced by the tamil nadu payment of salaries (second amendment) act 1975 and which has been amended from time to time, reads today as follows: -section 12-b. .....

Justice S.T. Ramalingam Vs. State of Tamil Nadu and Another

Court : Chennai

Reported in : AIR1994Mad252; (1994)IMLJ260

..... the judges were given facilities extended to a cabinet minister of the state government, judge enjoyed such allowances and privileges which were specifically prescribed for them under the act of parliament or rules framed by the central government as delegates of parliament under the act and if there were no specific provisions or such rules which applied to them for the time being, rules applicable to the members of the indian administrative service holding the rank of secretary to government of the state in which the ..... that the rules framed by the chief justice of the high court should normally be accepted by the government and the question of exchange of thoughts and views would arise only when the government is not in a position to accept the rules relating to salaries, allowances, leave or pensions of the staff of the high court, it has also observed that it is clearly a mistake both of fact and of law in not recognising the jurisdiction of the hon'ble judges of this court co-extensive with the ..... service condition rules, who notwithstanding the question by the amendment act of 1986 for the purposes of the benefits and facilities of medical treatment with the cabinet ministers of the state, for the reason that the state legislature has equated a minister, the speaker, the deputy speaker or the parliamentary secretary and the members of his/ or her family for the accommodation in hospital and medical treatment and attendance with the highest category of servants employed under .....

P. Selvaraj Vs. the Management of Shardlow India Limited,

Court : Chennai

Reported in : (2007)ILLJ1048Mad

..... in this context, it is relevant to extract paragraphs 12 and 13 of the said judgment:para 12: we have mentioned above that the import of section 17-b admits of no doubt that parliament intended that the workman should get the last-drawn wages from the date of the award till the challenge to the award is finally decided which is in accord with the statement of objects and reasons of the industrial disputes (amendment) act, 1982 by which section 17-b was inserted in the act. ..... in the light of the above, the writ appeal shall stand allowed and the order of the learned single judge confirming the orders of the respondents 1 and 2, to the extent indicated above will stand set aside. ..... in the light of the above discussion the power of the high court to pass the impugned order cannot but be upheld so the respondent is entitled to his salary in terms of the said order.para 13: it must, however, be pointed out that while passing an interlocutory order the interests of the employer should not be lost sight of. ..... it may be necessary to protect the interest of the members governed by the original scheme.determination of gratuity is not based on any definite rules. ..... a.l.somayaji, learned senior counsel appearing for the first respondent, drew the attention of this court to the decision of the supreme court reported in : [1986]3scr383 [state government pensioners' association and ors. v. ..... the supreme court in its decision reported in : (2003)illj558sc [bharagath engineering v. r. .....

The Secretary, Kamaraj College Vs. D.S. Arulmani, Reader and Head of D ...

Court : Chennai

Reported in : (2008)2MLJ593

..... act and the rules made thereunder, the college committee shall have the following functions, namely:(a) to carry on the general administration of the private college excluding the properties and funds of the private college;(b) to appoint teachers and other persons of the private college, fix their pay and allowances and define their duties and the conditions of their service; and(c) to take disciplinary action against teachers and ..... parliament amends the law, after the amendment made by the state legislature has received the assent of the president, the earlier amendement made by the state legislature, if found inconsistent with the central amended law, both central law and ..... rules, goes further and mandates that the college committee shall consist of:(a) the representatives of the educational agency;(b) the principal of the college;(c) two senior-most professors; and(d) one member nominated by the university.thus, there appears to be an apparent conflict even between the tamilnadu act and the rules, though ..... and other persons employed in private colleges:the government may make rules in consultation with the university regulating the number and conditions of service (including promotion, pay, allowances, leave pension, provident fund, insurance and age of retirement and rights as respects disciplinary matters but excluding qualifications) of the teachers and ..... a substantial proportion of the revenue expenditure including salary, pay and allowances of teaching and non-teaching staff. .....

C. Damodarasamy Vs. Government of India, Rep. by Its Secretary, Minist ...

Court : Chennai

Reported in : (2007)2MLJ1153

..... poor performance by a development officer entails reduction in salary and conveyance allowance and transfer to class-3 post. ..... bearing the same in mind the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 was enacted by the parliament, which came into force from 1.1.1996, wherein section 47 contemplates the employer to give alternate employment to the persons with disabilities either by giving alternate employment if there is vacancy available and if no vacancy is available, by creating a supernumerary post with pay protection and promotional opportunities.18. ..... 9866 of 1999 dated 9.1.2003 dismissing the writ petition filed by the appellant herein seeking regular pension or compassionate allowance under the life insurance corporation of india (employees) pension rules, 1995.2. ..... (b) on 22.4.1976, the life insurance corporation (staff) amendment regulations, 1976, was issued and as per regulation 5, if a development officer failed to bring in eligible premium equal to five times of his annual remuneration in three preceding years, the appointing authority may terminate his services. ..... this artificial division between members belonging to the same group, contend the petitioners, is a flagrant violation of article 14 of the constitution as held in nakara case1. 15. .....

Gowri Spinning Mills (P.) Ltd. Vs. Assistant Provident Fund Commission ...

Court : Chennai

Reported in : (2007)ILLJ140Mad

..... and further observed in paragraph 15 as follows:15...the parliament while putting section 22 of the act, 1985, could never have intended that the industrial unit under the garb of sickness or for any like difficulty may be allowed ..... if his liability for the payment of any contribution under the act or the scheme reduce the wages of any employee or the total quantum of benefits in the nature of old age pension, gratuity, provident fund or life insurance to which the employee ..... that the employer before paying the member his wages in respect of any period or part of a period for which contributions are payable, was under an obligation to deduct the employee's contribution from his wages together with his own contribution, and administrative charges, and he shall within 15 days of ..... section 5(2)(c) of the sick textile undertakings (nationalisation) act, 1974, the wages, salaries and other dues of the employees of the sick textile ..... amended section 14b of the epf act which empowers the central provident fund commissioner to recover damages where default had been committed in the payment of any contribution to the fund and such damages can be reduced or waived in respect of a sick industrial company and in respect of which a scheme for rehabilitation has been sanctioned by the bifr, but no protection has been provided thereunder as regards the contribution of the employees and ..... the appellant under section 7a of the epf act for period from august 1, 2003, to june 30, 2004, in tn/sl/enf .....

S.Sandhya Vs. the Chief General Manager and ors.

Court : Chennai

..... to inclusion of the name of a stranger, and rule 4 of the payment of arrears of pension (nomination) rules, 1986, which states that any pensioner may nominate if he has a family as defined in clause (a) of the rule 3, one or more members of the family includes (1)wife (2)husband (3)sons (4)unmarried and widowed daughters (5)mother and (6)father, the division bench of the ..... death of a government servant, while in service or after retirement or quitting service, but, before the actual receipt of cash equivalent of leave salary, the cash equivalent of leave salary shall be payable to a member of his family in the following order of preference:-1)widow or the eldest surviving widow (with reference to the date of marriage) or husband;2)the ..... of amending act, 1946 by directing omission of word 'absolutely' from section 5 of the act ..... pension and other allowances, the apex court confined the adjudication only to family pension, and after referring to family pension rules, 1964, the supreme court held that"the rules do not provide for nomination with regard to family pension instead, the rules only designate the persons who are entitled to receive the family ..... parliament never intended or attempted to change the law of succession applicable to the ..... record of proceedings shows that when the matter came up on 29.08.2003, after hearing both the learned counsel for the petitioners and the director of bsnl, chennai, the 3rd respondent, this court has granted injunction directing .....

O. Ramachandran and Others Vs. Union of India, Rep. by the Secretary ( ...

Court : Chennai

..... ; (ii) to all the members of parliament, lok sabha and rajya sabha, chief secretaries of all the states along with a questionnaire and requested them to give their views regarding the postal services in the rural areas and (iii) to ..... ,2003 including civilian government servants in the defence services appointed substantively to civil services and posts in connection with the affairs of the union which are borne on pensionable establishments, but shall not apply to - (a) railway servants; (b) persons in casual and daily rated employment; (c) persons paid from contingencies; (d) persons entitled to the benefit of a contributory provident fund; (e) ..... ; iii) a sevak shall have to give an undertaking that he has other source of income besides the allowances paid or to be paid by the government for adequare means of livelihood for himself and his family; iv) a sevak can be transferred from one post/unit to another post/unit in public ..... and gramin dak sevaks are governed by the post and telegraphic extra departmental agents (conduct and service) rules, as amended from time to time and currently, it is called as gramin dak sevaks (conduct ..... follows:- "before adverting to and considering whether solatium and interest would be payable under the act, at the outset, ..... and bpms be paid at least for 3 hours on the basis of 'work attendance' and not on 'point system' need to increase wages:- the committee has proposed to increase the emoluments of extra-departmental agents by payment of .....