Employee's Provident Funds and Miscellaneous Provisions Act, 1952, Section 2(b) -- Basic wage - Definition of basic wage under the Act cannot be equated with definition of `minimum wage' under Minimum Wages Act - When EPF Act contains a specific provision defining `basis wage' then there is no occasion to travel to the Minimum Wages Act to give it a different connotation...........
Service -- Pension - Contractual employees are excluded from the pale of Pension Rules, Rule 17 was engrafted essentially to cater to the eventuality, where the employees working on contractual basis were regularized at a later stage and it is only for the purposes of pension that past service as a contractual employee is to be taken into account. (CCS (Pension) Rules,..........
Service -- Retired employee can be appointed as an inquiry authority - It is not necessary that inquiry officer should be a public servant. (Central Civil Services (Classification, control and Appeal) Rules, 1965, R.14(2)..........
Employee's Compensation Act, 1923, Section 2(1)(I) -- Total disablement - It is the functional disability and not just physical disability which is determining factor in assessing whether claimant had incurred total disablement...........
Employee's Compensation Act, 1923, Section 4 -- Accident - Permanent disability - Compensation - Appellant was a loading and unloading labourer at the time of accident - She was unfit for labour inasmuch as there was complete loss of grip in appellant's left hand - No material on record that appellant was skilled to perform any kind of job by use of one hand - Board had..........
Service -- Reinstatement - Back wages - Initial burden is on employee to come out with the case that he was not gainfully employed after order of termination...........
Workmen, Section 3, 4 -- Accident - Compensation - Relationship of employer and employee has not been proved before Commissioner - Same being basic requirement to be fulfilled for claiming compensation under the Act, appellants may not be entitled to receive any compensation...........
Service -- Pensionary benefits - Right of Lien with State Government - Government servant's lien to a post stands terminated on his acquiring a lien on a permanent post which is outside the cadre post as per Rules applicable - Therefore, once the respondents were permanently absorbed and became an employee of Dairy Development Corporation/Milk Federation Unions, they..........
Service -- Promotional post - Wrong fixation of pay to post in transferee University - Employee transferred to another University shall rank junior most in the entry grade of category concerned, as per policy provided for inter-university transfers - Previous service is not to be counted towards seniority - Only protection given is regarding pay drawn by such employee -..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is an employee in Life Insurance Corporation and is getting salary of more than Rs.1 lakhs p.m - He is directed to give Rs.30,00,000/- to wife as permanent alimony...........
