Court : Allahabad
Reported in : (2009)IVLLJ120All
..... without prejudice to any other penalty to which such employer or other person is liable under this act, direct the refund to the wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and not exceeding twenty-five rupees in the latter, and even if the amount deducted or the delayed wages are paid before the disposal of the application, direct the payment of such compensation, as the authority may think fit, not exceeding twenty-five rupees. ..... stood excluded from the operation of provisions of the 1936 act by virtue of provisions of section 1(6) of the 1936 act which places a maximum ceiling limit on the salary of employee at rs ..... the result, the writ petition succeeds and is allowed.36 ..... industrial disputes act, 1947 has been amended by amendment act (46 of ..... per month are expressly excluded from the operation of provisions of the 1936 act, therefore, the employees of scheduled employment under the 1948 act drawing the salary over and above rs. ..... per month cannot be held to be included by such notification however, employees of scheduled employment under the 1948 act, who are drawing salary below the ceiling limit of rs. ..... 2 failed to join the place of posting, no salary was paid to him on the principle of no work no ..... per month, therefore, a person, who is drawing salary exceeding rs. ..... implies that for such exclusion he must be working in supervisory capacity besides drawing salary exceeding rs. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All88
..... we will see that the government used the term remuneration in the shape of an honorarium in their earliest letter dated the 28th of february, 1963 (exhibit a-4), but later on they reverted to the phrase 'instructor's allowance' and that is how the payment has been described in the various letters thereafter. ..... the fact that these payments are conditional on attendance at the courses or the camp shows that they are not on a par with an ordinary salary and cannot be treated as plain remuneration for services rendered by the officer. ..... this case does not define as to what is profit but decides that in the case there was no question of any profit or remuneration as the payment that was made was not made for services rendered but was made for receiving instruction and for attending training camp, the former being by way of stipend rather than salary and the latter by way of compensation to cover the expenses incurred.31. ..... the election tribunals, as they stood constituted prior to the recent amendment of the representation of the people act, were subordinate authorities and were under the superintendence of the various high courts under article 227 of the constitution. ..... it is pointed out in that case that the meaning of the expression seems to be that an office must be held under government to which any pay, salary, emoluments or allowance is attached. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All462
..... in my opinion the attack on the impugned provisions of the court-fees (uttar pradesh amendment) act, 1959 fails and that those provisions are within the competence of the state legislature and are valid, and i would answer the reference accordingly. ..... clause (3) of article 146 of the constitution is: 'the administrative expenses of the supreme court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the consolidated fund of india, and any fees or other moneys taken by the court shall form part of that fund. ..... 'that in itself might not be conclusive,' but in this case there is total absence of any correlation between the expenses incurred by the government and the amount raised by contribution under the provision of section 76 and in these circumstances the theory of a return or counter payment or 'quid pro quo' cannot have any possible application to this case' (underlined (here in ' ') by me). ..... a fee, on the other hand, although also a payment in the public interest, is primarily a payment for a benefit conferred on or service rendered to the persons required to pay the fee; the amount of the levy is directly related to the expense incurred in providing the benefit or service and the moneys so received are not merged in the public funds but are set apart for the purpose for which the fee was levied. 11. .....
Tag this Judgment!Court : Allahabad
Reported in : [1962]46ITR910(All)
..... 'it urged that its contribution to the provident fund was 'taxable under the head salaries' and that it had 'made effective arrangements to secure that tax shall be deducted at source from any payments made from the fund' by appointment of trustees of the fund and in whom under the indenture dated july 28, 1945, the fund vested and who were charged with the duty of administering the fund including the duty of making payments therefrom. ..... in the appeal for the subsequent year 1947-48, it did raise the point, but the appellate assistant commissioner refused the claim for the same reason for which it had been refused by the income-tax officer, namely, that the fund was not a recognised fund under chapter ixa and the amount a contribution by the bank could not be allowed to be deducted.the bank went up in further appeals to the income-tax appellate tribunal and before the tribunal it raised the point in this way. ..... it is for that reason that we find that in the resolution for creating the fund and in the rules themselves it is emphasised that the requirements of the income-tax act regarding a recognised provident fund shall be kept in view, e.g. ..... it was also resolved that the provident fund rules may be amended to suit the requirements of the income-tax department. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(3)AWC2240
..... salaries and other allowances and terms and conditions of the president and member of the district forum [section 10(3)1-(1)(a) the president of the district forum shall receive the salary of the judge of a district court, if appointed on whole-time basis or an honorarium of rs. ..... his office in writing under his hand-addressed to the state government and on such resignation being accepted, his office shall become vacant and may be filled by the appointment of a person possessing any of the qualifications mentioned in sub-section (1) in relation to the category of the member who is required to be appointed under the provisions of sub-section (1a) in place of the person who has resigned:provided also that a person appointed as the president or as a member, before the commencement of the consumer protection (amendment) act, 2002, shall continue to hold such office ..... consumer protection rules, 1987 (hereinafter referred to as the '1987 rules') refers to the payment of salary only to the president of district forum but in respect to the members it talks of a consolidated honorarium, therefore, the members are not employees of the state government since they are not paid salary but only honorarium.5. .....
Tag this Judgment!Court : Allahabad
Reported in : (1978)IILLJ204All
..... -(1) where any money is due to a workman from an employer under the provisions of sections 6j to 6o or under a settlement or award, or under an award given by an adjudicator for the state industrial tribunal appointed or constituted under this act, before the commencement of the uttar pradesh industrial disputes (amendment and miscellaneous provisions) act, 1956, the workmen may without prejudice to any other mode of recovery make an application to the state government for the recovery of the money due to him, and if the state government is satisfied that any money is so due, it shall issue a certificate ..... it was further urged that in fact in the instant case the question of the registration of the settlement did not arise as there was an individual contract by the bank with the petitioner by virtue of which his conditions of service had been modified and as such he was entitled in law to enforce the payment of gratuity under the terms and conditions of his service.5. ..... w/2, the bank gave notice to the petitioner informing him of the fact that such a bipartite agreement had been entered into and that the agreement was effective from 1st of january, 1965 and that he will be given his pay and allowances as agreed upon provided he gave his consent to it. ..... it has not been denied that the agreement was acted upon and that the petitioner was paid salary in accordance with the terms of the agreement. .....
Tag this Judgment!Court : Allahabad
Reported in : (2001)3UPLBEC2169
..... further the directions given by this court in judgment and order dated 31.8.1999 regarding continuing their services and payment of their salary shall remain operative till the disposal of the matter by the regional selection committee as stated above ..... , vide judgment and order dated 31.8.1999, this court disposed of the said writ petition with the direction for making a fresh representation within two months before the concerned respondents who shall pass appropriate speaking order in accordance with law within three months from the date of its making, and the petitioners were to be continue in service and paid their salary till the disposal of the said representation pursuant to the aforesaid judgment.2. ..... earlier, the writ petition filed by the petitioners was decided by this court with the direction to the concerned respondent to consider the claim of the petitioners for regularisation of their services in accordance with law and judgment of this court rendered in the case of muneshwar dutt pandey ..... of 1992 before this court wherein an interim order was passed on 20.2.1992 whereby it was directed that the petitioners would continue to perform the duties of assistant teachers regularly till the regular selection is made and would be paid their salary. ..... education service commission act, 1982 as amended by the act no. ..... the result, the writ petition is allowed. ..... in ram manohar lohia inter college, pakari babu, district deoria (hereinafter referred to as the college), on 4.1.1989. .....
Tag this Judgment!Court : Allahabad
Reported in : [2000(84)FLR912]; (2000)1UPLBEC661
..... the only relief, which survives, is regarding payment of salary for the ..... the petitioner on the other hand, places reliance on the expression used in the regularisation order dated 19-2-1988 (annexure-1 to the writ petition) and submits that the petitioner was recruited and working in 'temporary establishment' prior to regularisation and it shows that he is covered by the proviso to the amended ..... if it is found that petitioner was entitled to be continued up to the age of 60 years, the question of payment of arrears of salary on the basis of full wages shall be decided by concerned authority taking into account relevant circumstances (keeping in mind-employee in the instant case has not refused to work) on the basis of criterion pointed out in several decisions of this court as well as apex court, whether employee ..... learned counsel for the petitioner, in the alternative, submitted that assuming the date of birth recorded in financial hand book to be correct, petitioner could not be retired before attaining age of 60 years and he should have been allowed to continue up ..... --the term recruitment signifies enlistment, acceptance, selection or approval for appointment and no actual 'appointment' or positing in service while of 'appointment' means and actual act of posting a ..... persons either as additional or to make up for deceased so 'recruitment' is only for purpose of making up deficiency which occurs in the cadre while 'appointment' means an actual act of posting a person to a particular. .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)199CTR(All)88
..... finally the hon'ble supreme court has held that notwithstanding the equitable right of the purchaser to the dividend on such shares, being not registered in the books of the company cannot be said to be shareholder and, this was not allowed the set off of the tax deducted at source under section 18(5) of the act.the hon'ble supreme court in the case of c.p. ..... as it is substantive law which gives rise to charging of tax under certain circumstances, it cannot be taken to be procedural amended and, thus, it being a substantive amendment cannot be given effect retrospectively.the salary paid to a partner by a firm which grows and sells tea was exempt from tax under rule 24 of the income-tax rules, 1922 to the extent of 60 % thereof representing agricultural income and the rest was liable to tax only to the extent of 40 %. ..... 1.4.1983 the amended clause (e) of the act reads as follows:'(e) any payment by a company, not being a company in which the public are substantially interested, of any sum (whether as representing a part of the assets of the company or otherwise) made after the 31st day of may, 1987, by way of advance or loan to a shareholder, being a person who is the beneficial owner of shares (not being shares entitled to a fixed rate of dividend whether with or without a right to participate in profits) holding not less than ten per cent of the voting power, or to any ..... 1989 at rs 72,16,000/- after full scrutiny of the case. .....
Tag this Judgment!Court : Allahabad
Reported in : [2008(117)FLR225]
..... this court vide judgment and order dated 4.8.1999 held that against short term vacancy the committee of management of the institution was empowered to hold selection and appoint a teacher on ad-hoc basis and the matter of taking final decision with regard to the approval of appointment and payment of salary to petitioner has been remitted back to the district inspector of schools, mirzapur. ..... the district inspector of schools, mirzapur is directed to make payment of salary to the petitioner by approving her appointment from the date since she has joined the post of concerned institution as the papers were sent to him by the committee of management of the institution i.e. ..... service selection board act, 1982 initially with the district inspector of schools, mirzapur and as amended subsequently under section 18 of the ad, with the regional joint director of education but so far as the power in respect of holding selection for direct appointment on ad-hoc basis, against short term vacancy is concerned, under the provisions of removal of difficulties older, 1981, the committee of management of the institution still have power to hold selection and appointment under the provisions of removal of difficulties (second) order, 1981 until the same was cancelled ..... writ petition stands allowed. .....
Tag this Judgment!