Service -- Dismissal - Imposition of penalty on a employee of bank i.e major penalty of dismissal from service that too without conducting enquiry or without following statutory provisions governing the disciplinary proceedings, is violation of principle of natural justice - Compliance of natural justice is necessary, even when there is no specific statutory rule requiring..........
Income Tax Act, 1961, Section 15 -- To apply S.15 of the Act, there should be a vested right in an employee to claim any salary from employer or former employer, whether due or not if paid or paid or allowed, though not due...........
Income Tax Act, 1961, Section 15, 17 -- Income from tip - Tips received by employer that are in a fiduciary capacity as trustee for payments received from customers which they disburse to their employees for service rendered to customer - Therefore, no reference to contract of employment when these amounts are paid by employer to employee...........
Income Tax Act, 1961, Section 17 -- Under scheme of S.17 of the Act, payment must be by employer, whether such employer is a future employer or a past employer of the employee...........
Prevention of Corruption Act, 1988, Section 2(c)(iii) -- Public servant - Employee of a Co-operative Society comes within the definition of public servant within the meaning of S.2(c)(iii) of the Act, provided Co-operative Society is owned, controlled or aided by government...........
Employee's State Insurance Act, 1948, Section 85(a)(i)(b) -- Failure to pay contributions - Punishment - Reduction of fine - Non-payment of contributions is a economic offence - Minimum term of imprisonment and amount of fine has been fixed by legislature u/s 85 of the Act - There is no discretion of awarding less than specified fee under main provision - Discretion as per..........
Will -- Family pension - Cannot be bequeathed by Will, as it would come under the ambit and sweep of property of the widow of deceased employee and it cannot be equated with the estate of that employee in view of S.6(g) of T.P. Act - However, other retiral benefits like provident fund, gratuity etc. and other retiral dues excluding family pension would be of deceased..........
Employee's Provident Funds and Miscellaneous Provisions Act, 1952, Section 7A, 2(f) -- Provident fund - Determination of money due from employers - Non grant of benefit of Provident fund to bus drivers by school/petitioner - As per agreement transporter agreed to provide buses on rental services but nowhere stipulate conditions that drivers would be employees of petitioner..........
Employee's State Insurance Act, 1948, Section 2(9), 2(22), 2(23), 39, 42 -- Casual workers - Employee - Term "employee" in S.2(9) is wide enough to cover casual employees who are employed for part of wage period...........
Employee's State Insurance Act, 1948, Section 2(22), 2(23), 39, 42 -- Casual workers - Casual employees employed for a few days on a work of perineal nature are covered under the provisions of act for the purpose of wages and wage period - Casual employees can not be deprived of the beneficial provisions of act...........
