Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: ACCOUNTING STANDARDS :: Central Excise rule to resale the machines to a new company :: empanelment :: ACCOUNTING STANDARD :: TAX RATES - GOODS TAXABLE @ 4% :: ARTICLES ON INPUT TAX CREDIT IN VAT :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: cpt :: due date for vat payment :: articles on VAT and GST in India :: VAT Audit :: form 3cd :: VAT RATES :: list of goods taxed at 4% :: TDS
 
 
News Headlines »
 Seven things you must do before 31st March
 Income Tax saving investments: Top 5 options available for high-income individuals
 How to use zero tax rule on long term capital gains on stocks
 GST Returns - Furnishing details of inward supplies
 5 ways to maximise you income tax return
 Income-tax (2nd Amendment) Rules, 2017
 Soon, Faster PAN, An App For Filing Tax Returns
 Changes in income tax return filing process
 New Income Tax Rates And Deductions Applicable From April 1, 2017
 Tax and transparencya
 No decision yet on imposing tax on cash transactions

Appellate authority permission needed to lead fresh proof: HC
December, 20th 2006

If an employer did not seek permission to lead fresh evidence as required under law against an employee whose services were terminated, consequence was obvious that the employer had missed the opportunity of proving to the satisfaction of the authorities the charges against the employee, the Madras High Court has ruled.

Hearing a writ appeal by the Tamil Nadu Electricity Board challenging the order dated August 13, 1987 by the single judge of this Court dismissing a petition by the Board, the First Bench concluded that as the employer (TNEB) had not sought an opportunity to satisfy authorities before whom the first respondent (store-keeper in TNEB) initiated proceedings, there were no infirmities in the order of the single judge.

The services of the first respondent were terminated by TNEB on February 4, 1976. On appeal before the authority under Section 41(2) of TN Shops & Establishments Act, the Board's order terminating service was set aside and the Board was ordered to reinstate the employee. The Board's writ petition before this Court, challenging the order of authority under TN Shops & Establishments Act, was dismissed.

The single judge had ruled that the principles of natural justice stood violated in regard to the disciplinary action taken against the employee. There was no infirmity in the order of authority under Shops & Establishments Act.

The First Bench, comprising Chief Justice A.P. Shah and Mr Justice K. Chandru, said it was significant to note that order of authority under Shops & Establishments Act had become final, and even before the single judge, no permission was sought by TNEB to proceed against the employee on the basis of old charges.

Curiously, the TNEB on February 9, 1989 resurrected the old disciplinary proceedings and continued the proceedings from where, according to TNEB, a defect had crept in. The employee raised industrial dispute before Labour Court, which found that order of authority under Shops Act had become final, and therefore, there was no further course open to TNEB to conduct enquiry from the stage where defect had crept in.

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
SEO Services SEO LLC e-boost Search Engine Optimization Services Internet Marketing Services Website Placement Services On-site Webs

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions