Judgment Search Results Home > Cases Phrase: the payment of salaries and allowances amendment act 1972 1 Sorted by: recent Court: punjab and haryana Page 1 of about 61 results (0.215 seconds)

Director/Director in Charge Central State Farm Corporation of India Vs ...

Court : Punjab and Haryana

..... here, the learned counsel for the defendant has raised the contention about the applicability of the provisions of payment of gratuity act, 1972 and for that he has drawn the attention of the court qua sub section 4(4) of that act. ..... as per the amended terms and conditions of vrs.plaintiff was entitled for compensation in the form of salary of 35 days, for every completed year of service rendered by him with the defendants-appellants. ..... accordingly, the petition for writ is allowed and the petitioner is declared entitled to get ex-gratia under the applicable voluntary retirement scheme by taking into consideration the emoluments last drawn by him. ..... since the firs.appeal filed by the defendants-appellants had been allowed by the learned firs.appellate court qua neki and hardev singh, facts in respect of them need not be recorded here. ..... hargovind jasraj and another, 2013 (3) scc182 he prays for setting aside the impugned judgments and decrees, by allowing the mukesh kumar saluj.rs.no.4030 of 2014 4 2014.08.20 10:32 i attest to the accuracy and integrity of this document present appeal. ..... feeling aggrieved, defendants filed their firs.appeal, which was partly allowed only qua plaintiffs neki and hardev singh, noticed hereinabove. .....

Commissioner of Income-tax Vs. Punjab Bone Mills

Court : Punjab and Haryana

Reported in : (1998)146CTR(P& H)63; [1998]232ITR795(P& H)

..... in these circumstances, no distinction can be drawn between the allowability of salary and gratuity as an admissible expenditure under section 35b of the act. ..... , the payment of gratuity act, 1972, laid down the quantum of gratuity to be 15 days' salary for every completed year of service or part thereof in excess of six months subject to the specified ceiling. ..... it was held that additional compensation did not accrue to the assessee because the entire amount was in dispute in the appeal filed by the state government it was held as under (headnote) :'there is a clear distinction between cases such as the present one, where the right to receive payment is in dispute and it is not a question of merely quantifying the amount to be received, and cases where the right to receive payment is admitted and the quantification only of the amount payable is left to be determined in accordance with settled or accepted principles.'31. ..... with the bringing into force of the aforesaid act, with effect from september 16, 1972, the payment is a statutory liability in the case of employers. ..... the said act has subsequently been amended several times.8. .....

Commissioner of Income-tax Vs. Avon Cycles (P.) Ltd.

Court : Punjab and Haryana

Reported in : (1980)18CTR(P& H)231; [1980]126ITR448(P& H)

..... 2) bill, 1971, by which the provisions of section 40(c) of the act were sought to be amended in the following words (see : [1971]80itr96(bom) ) :' i am firmly of the view that the fiscal instrument must be deployed to discourage payment of high salaries and remunerations which go ill with the norms of egalitarian society. ..... person referred to in clause (b) of this sub-section, and the income-tax officer is of opinion that such expenditure is excessive or unreasonable having regard to the fair market value of the goods, services or facilities for which the payment is made or the legitimate needs of the business or profession of the assessee or the benefit derived by or accruing to him therefrom, so much of the expenditure as is so considered by him to be excessive or unreasonable shall not be allowed as a deduction i provided that the provisions of this sub-section shall not apply in the case of an assessee being a company in respect of any ..... hans raj pahwa and brothers as sole selling agents was allowed in all the assessment years including the assessment year 1972-73 for which the assessment was framed on 26th february, 1973.7. .....

Laxmi Devi Vs. R.D.S. Public Girls College and Others

Court : Punjab and Haryana

..... the presiding officer, labour court, gurdaspur and another; 2009 (7) slr 444 : 2009 (4) sct 192 where the learned single judge of this court dealt with the provisions of the punjab affiliated colleges (security of service) amendment act, 1983 in its jural relationship with id act and particularly section 2(j) and 2(s) ..... jumped to the conclusion that the workman had no case on merits, the labour court failed to examine the matter from the angle of breach of provisions of section 25-f of the industrial disputes act, 1947 and its resultant effect on the termination. ..... the only argument raised by the management at the hearing today is that the relief is inadmissible since the college was affiliated to maharishi dayanand university, rohtak and, therefore, the industrial disputes act was not applicable to the educational ..... the formality of returning proper finding on completion of 240 days of service within the definition of section 25-b of the id act read with section 25-f of the i.d was not embarked upon or recorded while it should have been the effort of the court to render a comprehensive award dealing with all the aspects ..... , the court held she was never appointed against a regular post but was engaged on purely temporary basis for "some period" on payment of consolidated salary. ..... twin jurisdictional facts are ex facie present on the face of the record to maintain the reference and claim for relief of reinstatement and continuity of service with back wages. ..... the writ petition is allowed .....

Union of India and Others Vs. All India Postal Ed Employees Union (Pun ...

Court : Punjab and Haryana

..... or a settlement has been entered into by the employees with their employer before the commencement of the payment of bonus (amendment) act, 1976 (23 of 1976).or (ii)where (ii)where the employees enter into any agreement or settlement with their employer after such commencement, for payment of an annual bonus linked with production or productivity in lieu of bonus based on profits payable under this act, then, such employees shall be entitled to receive bonus due to them under such agreement or settlement, as the case may be: provided that any ..... it is the aforesaid which gave a cause of action to the private respondents before us to prefer an application before the central administrative tribunal, chandigarh bench, which allowed the original application vide the impugned order dated 8.5.2009 holding that the private respondents before us are entitled to grant of ad hoc bonus at the revised calculation ceiling mentioned in the office memorandum dated 10.10.2008. ..... - where the salary or wage of an employee exceeds three thousand and five hundred rupees per mensem, the bonus payable to such employee under section 10 or, as the case may be, under section 11, shall be calculated as if his salary or wage were three thousand and five hundred rupees per mensem. . .....

Shiv Kumar and Others Vs. State of Haryana and Others

Court : Punjab and Haryana

..... 7) gratuity all employees shall be eligible for payment of gratuity under the payment of gratuity act, 1972. ..... (supra), the hon'ble supreme court held that the high court was in error in allowing the parity in pay scale to state civil secretariat pas with central secretariat pas merely because the designation was same, without comparing the nature of their duties and responsibilities and qualifications for recruitment and without considering the relevant rules, regulations and executive instructions issued by the employer governing the cadre concerned. ..... increment at the efficiency stage shall be considered and allowed by the competent authority on the basis of annual confidential reports and in accordance with the instructions issued by government from time to time in this behalf. 2 ..... for the period of leave other than casual leave, the pay and allowances shall be paid by the federation ..... pay and allowances for the period of duty shall be paid to an employee by the society/federation where the duty is ..... consequently, the respondent shall revise their salary and pay them the consequential benefits including arrears of salary within a period of six months from receipt of kumar parveen 2013.10.11 17:47 i attest to the accuracy and integrity of this document high court, chandigarh cwp no.11477 of 1991 22 certified copy of this order ..... 6) bonus all the employees shall be allowed bonus as per the provision of bonus act, as amended from time to time subject to the approval of registrar. .....

The Punjab State Coop. Agri. Dev. Bank Pensioners Association and Vs. ...

Court : Punjab and Haryana

..... the impugned amendment of 1999 restricted the payment of gratuity as per 1972 act and did away with option of payment of gratuity to an employee as per the conditions of service applicable to them, which option existed in rule 16 when the petitioners retired from ..... , it has been stated that the petitioners have received their gratuity as per the prevailing rules, which has not been denied by the petitioners and once they have accepted the payment of gratuity, they cannot now turn around to question it, more particularly when, the amendment in question came in the year 1999 much after the supposed date of retirement of the petitioners.consequently, the petitions being without any merit, are ..... the petitioners have filed the instant petitions with the prayer that appropriate directions be issued to quash the impugned amendment made to rule 16 of the common cadre rules, 1978 vide office letter dated 26.03.1999 (annexure p-4) and also to direct the respondents to calculate the amount of gratuity in respect of the petitioners by taking into consideration the overall basic pay plus dearness allowance as ..... upon the judgment of hon'ble supreme court reported as indian ex-services league and others versus union of india, air1991supreme court 1182, wherein it has been observed as follows:- the claim for gratuity can be made only on the date of retirement on the basis of the salary drawn on the date of retirement and being already paid on that footing the transaction was completed and closed. .....

Ram Chander and Others Vs. State of Haryana and Others

Court : Punjab and Haryana

..... the fund shall be operated by the deputy commissioner in the prescribed manner laid down under s.16 (3) which should include four purposes enumerated, one of which, relevant to this petition is s.16(3)(b) which prescribes the purpose of payment of salaries and allowances of such persons employed in connection with a cattle fair ..... merely because the state government approves the names of certificate writers sponsored and engaged by the fair officer appointed by the state government will not confer right to regularization as it is only a regulatory mechanism to lend them authority to act in the sphere of work assigned and supervised by the cattle fair officer working under the control and supervision of the deputy commissioner of the district to carry out the purposes of the special law ..... they claim regularization of their services under the policy instructions of the government of haryana dated 29.7.2011 (p-7) and the amended policy dated 17.1.2012 (p-8) with all consequential ..... provisions of the act and the rules framed thereunder and all donations or grants made to the government by the local authority or any other person or society would be deposited into the cattle fair fund to be kept in government treasury/sub treasury in the district as specified by the deputy commissioner ..... submits, though without showing authority or source, that from 17.5.2000, instructions have been issued that parchhi writers would operate in the whole state and the 1970 act has been amended, accordingly. .....

Narinder Kumar Setia Vs. Reeta Setia and Another

Court : Punjab and Haryana

..... keeping in view the aforesaid discussion, this petition deserves to be allowed partly and only to the extent that the petitioner would be liable to pay maintenance allowance @ ` 2000/- per month to respondent no.1-wife and @ ` 3000/- per month for the minot child from the date of order of the magistrate i.e. ..... in the light of the above discussion sub-section (2) ibid in our considered opinion cannot be interpreted in a manner so as to conclude that normal rule is to make maintenance allowance payable from the date of the order and to make the same payable from the date of the application amounts to an exception to the said rule. ..... annexure p-10 dated 11.8.2011, the information supplied to the petitioner under right to information act, 2005 by the college of nursing where respondent no.1 is employed only suggests that she is working as assistant warden since ist january, 2005 and was drawing ` 4125/- per month as consolidated salary as on 11.8.2011. ..... as already clarified, the appellants would be entitled to the said amount of maintenance from the date the amendment act, 2001 came into force. i.e. ..... it only provides outer limits so as to conclude that the magistrate cannot fix future date for example two months subsequent to the passing of the order for payment of maintenance allowance not earlier to the date of application, i.e. .....

Present: Mr. R.K.Malik Sr. Advocate with Vs. State of Haryana and Othe ...

Court : Punjab and Haryana

..... when finality attaches to the order, this court has to direct the state to make monetary amends and direct payment of benefits and pay to the petitioner, the arrears of difference of salary etc.mr.harish rathee, learned sr.deputy advocate general, haryana has been at pains to make this court appreciate and understand what was meant when it penned the last sentence in the judgment in cwp no.7061 of 2009. ..... the arrears of difference of salary etc.be calculated and paid to the petitioner within 60 days of receipt of a certified copy of this order, failing which, interest will carry @ 12% per annum till payment. ..... apart from case law, mr.malik emphatically points out to the last line of the judgment of the learned single judge of this court while allowing the petitioner's writ petition that there was a clear direction which reads consequential benefits, if any, of cours.would follow .he submits that this court when it passes an order it means what it says and says what it means. ..... consequently, the writ petition is allowed, the impugned order dated 16.9.2010 (annexure p-4) rejecting the representation of the petitioner stands quashed. ..... in fact, the state cannot today contend that it would not be liable to pay arrears of salary not having challenged either the judgment or a part of the judgment or last line of the judgment in appeal. ..... where the government rectifies a mistake or its omission to act in accordance with law, then the monetary benefits would automatically follow. .....