Judgment Search Results Home > Cases Phrase: the orissa university of agriculture and technology act 1965 Sorted by: recent Court: delhi Page 1 of about 17 results (0.147 seconds)

Shiv Prasad & Ors. Vs.delhi Metro Rail Corporation Ltd. & Ors.

Court : Delhi

..... having considered the authorities and the submissions we are of the view that the authorities in the cases of jasmer singh, tilak raj, orissa university of agriculture & technology and tarun k. ..... ramesh chandra bajpai[(2009) 13 scc635 that the doctrine of equal pay for equal work can be invoked only when the employees are similarly situated and that similarity of the designation or nature or quantum of work is not determinative of equality in the matter of pay scales and that the court has to consider several factors and only if there was wholesale identity between the holders of the two posts, equality clause can be invoked, not otherwise. ..... petitioners who were appointed as semi skilled artisans and the skilled artisans, but the basic fact which stares us in the face of the record, is that the requisition pursuant to which the petitioners were appointed, was for semi skilled artisans in the pay scale of rs.3000- 4500/- through a local process i.e. ..... on the other hand, we are of the view that the respondents have acted fairly and, even though, the petitioners had been appointed specifically against the post of semi skilled artisan, the... ..... to us, it appears that taking advantage of the gratuitous act of the wp(c) no.217/2016 page 15 of 20 respondent in upgrading the... .....

Maharaja Agrasen Model School Vs. Workmen Through: Vyapar Tatha Udhyo ...

Court : Delhi

..... also relied upon the case of orissa university of agriculture & technology & anr. vs. ..... moreover, the respondents/workmen though mentioned in their statement of claims regarding 6th pay commission and section 10 of the delhi school education act, 1973, (hereinafter to be referred as the act ), which is not sufficient and does not enlarge the scope of the reference. ..... section 10 of the act provides that scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of a recognised private school shall not be less than those in the employees of the corresponding status in school run by the proper government. ..... i am, therefore, of the considered opinion that the respondent school is bound by the terms of section 10 and has to ensure payment of salary and allowances and also extend all terms and conditions of service to its employees at par with those of employees of corresponding status in schools run by the appropriate authority, as per section 10 of the act. 33. ..... section 10 of the act provides that scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of a recognized private school shall not be less than those of the employees of the corresponding status in school run by the appropriate authority.22. .....

Ms.Akta Gulati and Others Vs. National Capital Territory of Delhi and ...

Court : Central Administrative Tribunal CAT Principal Bench New Delhi

..... cannot be granted to the applicants in view of the decision of the honble apex court, which are as follows: i) orissa university of agriculture and technology v. ..... were posted to these hospitals and, therefore, in the ..... in their counter replies, the respondents have taken the stand that the (1) applicants have not exhausted the alternative remedies available to them and rushed to this tribunal and therefore, the oas are not maintainable under section 20 of the at act, 1985, and (2) that there is no violation of the terms of their contract, as already provided in the letter of offer of engagement on contractual basis for a period of 11 months or till a regular incumbent joins the post, whichever is earlier, and that the services of the applicants have been terminated only after the regularly selected incumbents .....

Delhi Jal Board Vs. Dr. Anil Kumar

Court : Delhi

..... while dealing with a similar contention and the applicability of this doctrine, the observations of the apex court noted hereinbelow are relevant; they read as under:- "having considered the authorities and the submissions we are of the view that the authorities in the cases of jasmer singh, tilak raj, orissa university of agriculture & technology and tarun k. ..... vide judgment and decree dated 03.07.2006, the suit of the plaintiff had been dismissed on the applicability of section 41 (h) of the specific relief act, 1963; the court was of the view that the suit (which was a suit seeking his salary dues on the doctrine of equal pay for equal work) had been dismissed; the trial judge had however returned a finding that the doctrine of equal pay for equal work is attracted; however in view of the provisions of section 41 (h) of the specific relief act, suit is not maintainable in the present form. ..... 6 on the basis of oral and documentary evidence as aforenoted the concept of equal pay for equal work was recognized qua the plaintiff but the suit had been dismissed under section 41 (h) of the specific relief act; the court was of the view that there was an alternate remedy available; present suit was not maintainable. ..... 7 the impugned judgment had modified this finding; suit of the plaintiff was decreed; bar of section 41 (h) of the specific relief act had not been adhered to. ..... whether notice under section 478 of the dmc act was served upon the defendants? .....

Pal Singh Vs. National thermal Power Corporation Limited

Court : Delhi

Reported in : 2002IIIAD(Delhi)1059; 96(2002)DLT877; 2002(65)DRJ88; 2003(1)SLJ62(Delhi)

..... pant university of agriculture and technology, pantnagar, nainital v ..... since regulation 103 of the regulations is referred to in the order of the tribunal as well as in the high court and it has bearing in deciding the controversy the focus is needed on it....the tribunal felt difficulty in ordering reinstatement as the appellant was not a regular employee ..... dinesh dwivedi, learned senior counsel appearing on behalf of respondent had contended, with obvious relevance, that consequent upon the engrafting of section 11a into the industrial disputes act, in 1971, the strength of reinstatement with back wages rule has been drastically diluted. ..... money, : (1976)illj478sc , the question which has troubled and vexed me has been articulated thus - 'had the said bank known the law and acted on it, half a month's pay would have concluded the story but that did not happen. ..... in vikramaditya pandey's case (supra) the hon'ble supreme court, in the context of claim of an ad hoc employee, has categorically held as follows:'the only issue before the high court was whether the appellant was entitled to reinstatement in service with back wages, once the termination of his services had been held to be illegal and more so when the same was not challenged. ..... is his contention that it is always open to the court to reduce the quantum of back wages in the event that the management prays and establishes that the circumstances of the case do not merit the grant of entire back wages. ..... state of orissa and ors. .....

Union of India & Ors. Vs.dr. Gausal Azam Khan

Court : Delhi

..... already noted, there were two parts to ground (a), and it was in respect of the second part, relating to the non- consideration of the written statement of defence of the respondent prior to the appointment of the ia, that the cat found that there was a violation of the mandatory requirement of rule 14 (5) (a) of the ccs (cca) rules, 1965. ..... as regards the penalty, it was observed by the da as under: after taking into consideration of the evidences and the relevant material, the president as the competent disciplinary authority is of the view that the misconduct or the part of the co, who is working in a scientific institution involved in research and development pertaining to nation's security, is grave and serious in nature requiring exemplary ..... considering the age and career of the co and in the hope that the co would not repeat such act of misconduct, the president, as the competent disciplinary authority of the said dr ga khan, has taken a lenient view of aforesaid acts of ..... of india through its secretary, ministry of agriculture) to hold that the initial appointment of the ia and the po was itself vitiated.26. ..... /2018 page 4 of 19 sponsor as sinha institute of medical sciences & technology, for which the organizers apologised by their email dated 19th july, 2011 addressed to the respondent. ..... thus the officer entered into correspondence with foreign university/institution without obtaining prior permission required vide policy letter no.dop/07/policyi79957/m/oi dated 01 oct .....

Mahindra Electric Mobility Limited and Anr. Vs.cci and Anr.

Court : Delhi

..... state of orissa air1970sc253this court made following observations- an order imposing penalty for failure to carry out a statutory obligation is the result of a quasi criminal proceedings and penalty will not ordinarily be imposed unless the party obliged either acted deliberately in defiance of law or was guilty of conduct contumacious or dishonest, or acted in conscious disregard of its obligation. ..... there is no one size fits all approach, likewise, in the manner a state or a particular society is expected to, or can behave; the dynamics of a rapidly changing economy, with the imperatives of global trade and its interface with technology invariably dictate the choices that governments make in response to any need for laws, or institutions- including regulatory institutions. ..... . the courts cannot, as pointed out by the united states supreme court in secretary of agriculture v ..... learned counsel relied on punjab university v. ..... the commission submitted its report in october, 1965. .....

Daiichi Sankyo Company Limited vs.malvinder Mohan Singh and Ors

Court : Delhi

..... it thus follows that even if the plaintiff's consent to accepting employment with the defendant no.1 was caused by representations made by the defendants to the plaintiff as reproduced in the plaint and which at this stage have to be accepted as true and which have turned out to be misrepresentation, under the indian law, such a contract is voidable at the instance of the plaintiff and the remedy of the plaintiff is to rescind the contract of employment in accordance with section 66 of the contract act or to insist that the contract be performed and that the plaintiff be put in the position in which he would have been, if the representation made had ..... the only material referred to by zte is the arbitration clause (clause8) as well as the decision of the singapore high court in insigma technology co ..... this is also the consistent view expressed by this court (see: sudhir gopi v indira gandhi national open university and anr; 2017 scc onlinedel 8345, falcon progress ltd. v ..... cooper, 1965(1) qb232 it was reiterated and stressed that the said clause intends to exclude punitive damages not direct or restitutionary damages which would omp (efa) (comm) 6/2016 page 83 of 115 put the petitioner in the same position as it would have occupied had the respondents' fraudulent representations not existed.83 ..... national agricultural co-operative marketing federation of india ..... governor, state of orissa, 2015 2 scc189to contend that an arbitral tribunal can award interest upon interest, if so required .....

Khazan Singh vs.dtc

Court : Delhi

..... he who approaches the court has to establish that the subject post occupied by him requires him to discharge equal work of equal value, as the reference post (see orissa university of agriculture & technology v. ..... an employee appointed on a temporary basis cannot claim to be placed in the regular pay scale (see orissa university of agriculture & technology v. ..... reliance was also placed, in the written submission of the petitioner, on the delhi transport authority act 1958, and the delhi road transport authority (conditions of appointment & services) regulations 1952, as well as delhi transport corporation (scales of pay) regulations 1992, to contend that, right from its inception, administrative control over the respondent-corporation was that of the central government, to the extent that even when, for some time, the respondent-corporation was under the mcd, the pay scale extended to its employees used ..... by notification dated 1-9- 1965, there was change in the designation of posts of drawing office staff in cpwd and draughtsman was designated as draughtsman grade i, assistant draughtsman was designated as draughtsman grade ii and tracer was designated as draughtsman grade iii. .....

Delhi High Court Bar Association and anr Vs. Govt of Nct of Delhi and ...

Court : Delhi

..... immediate impact upon the fundamental rights of the citizens affected thereby and the larger public interest sought to be ensured in the light of the object sought to be achieved, the necessity to restrict the citizen's freedom, the inherent pernicious nature of the act prohibited or its capacity or tendency to be harmful to the general public, the possibility of achieving the object by imposing a less drastic restraint, and in the absence of exceptional situations such as the prevalence of a state of emergency, national or local, or the necessity to maintain necessary supplies or the necessity to stop activities inherently dangerous, the existence of a machinery to satisfy the administrative ..... . the indian constitution is the largest in the world and unequivocally imbibes the spirit of the universal declaration which is fully reflected in its preamble, and contains elaborate provisions concerning the fundamental rights conferred on the citizens of the country.572 ..... . in this pronouncement the court while interpreting the provisions of the orissa forest produce (control of trade) act, 1981 stated thus: 9 ..... . thereafter, the joint secretary (home) recorded a note that the suggestions given by the agriculture department will be sent to the state government for consideration ..... . economic, technology and infrastructure developments, social welfare measures undertaken by the state etc ..... . 8 of 1965 and act 34 1973).63 .....