Court : Delhi
Reported in : 150(2008)DLT545; 2008(100)DRJ742
..... further submission was that the administrative tribunal (amendment) act, 2006 promulgated on 29.12.2006 in proviso to section 10 envisages that in case of a serving government servant appointed as a member, he shall be deemed to have retired from service but a subsequent service as member on his option has to be treated as a post-retirement re-employment counting for pension and other retirement benefits. ..... the respondent on the other hand, contends that as per rule 12 of the central administrative tribunal (salaries and allowances and conditions of service of chairman, vice-chairman and members) rules, 1985 which are framed under article 309 of the constitution of india and, thereforee, are having statutory flavour, a member of the tribunal is entitled to the use of an official residence of the type admissible to an officer of the rank of secretary to the government of india stationed at ..... as mentioned above, the administrative tribunal act was enacted by the parliament, drawing powers from article 323-a of ..... under article 323a the parliament is authorised, by law, to provide for adjudication or trials by administrative tribunals of disputes and complaints with respect to the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the union or of any state or of any local or other authority within the territory of india or under the control of the government of india or of any corporation owned or controlled by the .....
Tag this Judgment!Court : Delhi
..... families, in accordance with the provisions of this act and defraying the charges and costs in connection therewith; (ii) payment of fees and allowances to members of the corporation, the standing committee and the medical benefit council, the regional boards, local committees and regional and local medical benefit councils; (iii) payment of salaries, leave and joining time compensatory allowances, allowances, compassionate allowances, pensions, contributions to provident or other benefit fund of officers and servants of the corporation and meeting the expenditure in respect of officers and other services set up for the purpose ..... in the year 2009, based on the recommendations of the esic, the ministry of labour and employment, government of india formulated proposals for comprehensive amendments to the esi act and introduced the employees state insurance (amendment) bill, 2009 which along with further amendments as suggested by the standing committee was passed by both houses of the parliament and received the assent of the president of india and was enacted as the employees state insurance (amendment) act, 2010 which came into effect from 1st june, 2010. ..... . we may usefully advert also to the judicial pronouncement rendered by the supreme court of india, reported at (2003) 7 scc532 centre for public interest litigation v .....
Tag this Judgment!Court : Delhi
Reported in : 158(2009)DLT477
..... no option but to exercise its extraordinary jurisdiction under article 226 to direct that in relation to the appointment hereafter of the chairperson of the neaa the respondent union of india will offer the salary, allowances and other conditions of service as applicable to a sitting judge of the supreme court. ..... in this regard was taken up with the ministry of finance for amending the neaa (salary, allowances and conditions of service of chairperson and vice-chairperson) rules, 1998 to make the terms and conditions of chairperson, neaa at par with the sitting judge of ..... 22(2)(b) to make rules in respect of the salaries and allowances payable to and other terms and conditions of service of the chairperson, the vice-chairperson and the member under section 9 of the act. ..... existing chairpersonnotwithstanding anything contained in these rules, salary, allowances and conditions of service of the chairperson appointed before and holding office on, the commencement of these rules shall be, at par with a sitting judge of the supreme court of india;provided that the salary being pay of a sitting judge of the supreme court minus pension (before commutation) fixed in his case ..... as indicated by the supreme court, 'to set up an independent body for a quick redressal of public grievances', then it is obvious that the parliament intended that the neaa should be an effective body functioning on a day-to-day basis.26. ..... from 2nd july 2000, 13th july 2000, 7th march 2000 and 13th july 2003 respectively. .....
Tag this Judgment!Court : Delhi
Reported in : 130(2006)DLT309; (2007)ILLJ96Del
..... section 17b 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 the objects and reasons of the industrial disputes (amendment) act, 1982 by which section 17b was inserted in the act. ..... the period of pendency of such proceedings in the high court or the supreme court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such court.provided that where it is proved to the satisfaction of the high ..... service wants to deny back wages on the ground that the appellant and the members of his family were staying with the father-in-law of the appellant as there was no alternative source of maintenance and during this period appellant was helping his father-in-law of the appellant as there was no alternative source of maintenance and during this period appellant was helping his father-in-law tara chand who ..... has retired from his service is not gainfully employed and pension is paid to him on account of his service ..... 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.13. ..... the challenge thereto in its judgment reported at 2003 vi ad delhi 2005 also entitled dtc v. .....
Tag this Judgment!Court : Delhi
Reported in : 160(2009)DLT555
..... thus it is the mandate of the office order 99/63 and the circular dated 30.6.98, issued by the management by virtue of section 4(e) of delhi road transport laws (amendment) act 1971 in accordance with regulation 10 aforesaid that the retiring age of the drivers of the management is ..... coming in to force of the aforesaid provision, the management started granting benefit of the provisions contained under section 47 to its drivers even if they were unable to drive a vehicle by providing them either a lower post or salary and allowances till the age of their superannuation. 12. ..... the light of their own views as to policy' although they can 'adopt a purposive interpretation if they can find in the statute read as a whole or in material to which they are permitted by law to refer as aids to interpretation an expression of parliament's purpose or policy'.the division bench referring to the case of baljeet singh also observed: 25. ..... is required to be observed with greater rigour by the members of judicial fraternity who have been bestowed with the power to adjudicate upon important constitutional and legal issues and protect and preserve rights of the individuals and society as a whole. ..... to perform the duty of driver he was granted an alternative job of clerk and thereafter the duty of time keeper which he performed till 28.01.2003 in view of the provisions of section 47 of the disability act. ..... case of rood singh cwp 4417/2003, dalel singh (impugned in lpa 2123/2006) and in mohinder singh v. .....
Tag this Judgment!Court : Delhi
..... (6) the administrative expenses of the office of the comptroller and auditor-general, including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged upon the consolidated fund of india.149. ..... section 12(6) further stipulates that the chief information commissioner or an information commissioner shall not be a member of parliament or member of the legislature of any state or union territory, as the case may be, or hold any other office of profit or be connected with any political party or carry on any business or pursue any profession. ..... if a statutory body like hpc, for any reason whatsoever, fails to look into the relevant material having nexus to the object and purpose of the 2003 act or takes into account irrelevant circumstances then its decision would stand vitiated on the ground of official arbitrariness (see state of andhra pradesh v. ..... krishnamachari, while opposing the proposed amendment, expressed the view that the cag is not an accountant per se and he had a number of duties to perform and, therefore, he would necessarily have to have a comprehensive knowledge of the entire administration. ..... president, sir, i must say that professor shah s amendment is an original one and quite in conformity with ideas prevalent in the commercial world but i am afraid it is out of tune completely with existing practice in the matter of the appointment of the auditor-general in this country and elsewhere. .....
Tag this Judgment!Court : Delhi
..... (6) the administrative expenses of the office of the comptroller and auditor-general, including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged upon the consolidated fund of india.149. ..... section 12(6) further stipulates that the chief information commissioner or an information commissioner shall not be a member of parliament or member of the legislature of any state or union territory, as the case may be, or hold any other office of profit or be connected with any political party or carry on any business or pursue any profession. ..... if a statutory body like hpc, for any reason whatsoever, fails to look into the relevant material having nexus to the object and purpose of the 2003 act or takes into account irrelevant circumstances then its decision would stand vitiated on the ground of official arbitrariness (see state of andhra pradesh v. ..... krishnamachari, while opposing the proposed amendment, expressed the view that the cag is not an accountant per se and he had a number of duties to perform and, therefore, he would necessarily have to have a comprehensive knowledge of the entire administration. ..... president, sir, i must say that professor shah s amendment is an original one and quite in conformity with ideas prevalent in the commercial world but i am afraid it is out of tune completely with existing practice in the matter of the appointment of the auditor-general in this country and elsewhere. .....
Tag this Judgment!Court : Delhi
..... rule 177(1) further provides that income from fees shall be utilized in the first instance for paying salaries and other allowances to the employees and from the balance the school shall provide for pension, gratuity, expansion of the same school, capital expenditure for development of the same school, reserve fund ..... any accounts expert; there was no adequate representation of parents; in all six meetings were held, and only in the sixth meeting all members were present; meetings were held in the premises of schools thereby choosing wrong venue, as schools were interested parties; only 99 responded out 1100 schools and only 43 requested for fee hike and thus, there was no representative character before the committee; in the data that was asked for ..... if a regulatory body is established either by appropriate amendments in the delhi school education act or by making a separate legislation or by administrative orders issued under the existing provisions, if so permissible, that may solve the problem once for all. ..... the court also held that taking into account the cost of inflation between 15-12-1999 and 31-12-2003 that the ceiling charge of development fee not exceeding 15% of the total annual tuition fees was appropriate ..... also material to note that in paragraph-20, the apex court has held that the direction to set up committee in the states was passed under article 142 of the constitution and was to remain in force till appropriate legislation was enacted by parliament. 18. .....
Tag this Judgment!Court : Delhi
Reported in : 139(2007)DLT289
..... the amendment has to be strictly construed as it only covers section 4(g) of the act and curtails the term of office of the members of the parliament in the institute of the members of the parliament who under that category are covered and are appointed to the posts indicated therein. ..... section 11(5) requires that salary and allowances of the director shall be governed by such conditions of service in respect of leave, pension, provident fund and other matters as may be prescribed under the regulations. ..... , 2003m e mo r a n d u m subject:- appointment of director, aiims, new delhiin accordance with the decision of the institute body, aiims and with the prior approval of the central government conveyed by the ministry of health and family welfare vide letter no.v.16020/8/2003-me desk-i dated the 3rd july, 2003, dr.p.venugupal, dean and chief of cardio thoracic centre and professor of cardio thoracic and vascular surgery, is hereby appointed as director, all india institute of medical sciences, new delhi for a period of 5 (five ..... of medical sciences,ansari nagar,new delhi [kind attn: shri n.baijendra kumar, dy.director (admn)]sub: appointment to the post of director, all india institute ofmedical sciences, new delhi-regarding--------sir,i am directed to refer to your om no.f.1-5/2003-estt.i dated 27.6.2003 on the above cited subject and to convey the approval of the appointments committee of the cabinet for appointment of prof. .....
Tag this Judgment!Court : Delhi
Reported in : 159(2009)DLT326
..... debates was that a complete bar on practice by permanent judges of the high court as it had been obtained prior to the 7th amendment act, 1956 could be put in place, if the incumbent was compensated adequately in pecuniary terms by making the pension equivalent to salary last drawn and increasing the retirement age to 65 years. ..... held judicial office in the territory of india, there shall be included any period, after he has held any judicial office, during which the person has been an advocate or has held the office of a member of a tribunal or any post, under the union or a state, requiring special knowledge of law;(ii) in computing the period during which a person has been an advocate, there shall be included any period during ..... competence, for the reason that, both section 30 of the advocates act, 1961 (which was found to be not in force) and section 14 of the indian bar councils act, 1961 which entitled an advocate to practice before any court, tribunal or person legally authorised to take evidence, were rights conferred by the parliament by enactment of the said statutes in exercise of its powers conferred under entries 77 and 78 of list-i, which could not have been taken away by ..... the case of a pecuniary interest disqualification is automatic; 'the law does not allow any further inquiry as to whether or not the mind was actually biased by the ..... was amended to attain its present form by substitution of the expression 'service tax' in place of 'gold (control)' by act 32 of 2003 .....
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