Leading Case on Secondment Law: Employee Consent Essential

Santhosh Kumar K. , S/o. Ravindranathan T. VS Sree Chitra Tirunal Institute For Medical Sciences And Technology, Represented By Its Director - 2024 Supreme(Ker) 520

(ii) To declare that the action of the 3rd respondent in not issuing an order granting Secondment Leave to the applicant in implementation of the decision of the Governing Body which is the competent authority to grant leave is without any authority of law, manifestly arbitrary, unreasonable ... To support his argument, the learned counsel referred to the law established by the Apex Court in Shalini Shyam Shetty and Another v. ... The Governing Body is the appointing authority as per R....

MUSTAPHA KAMIL ABDULLAH vs KETUA PEGAWAI EKSEKUTIF PERBADANAN PENGURUSAN SISA PEPEJAL DAN PEMBERSIHA....

The PSC was the relevant Appointing Authority for the Plaintiff. ... Thereafter, the 2nd Defendant took steps to give effect to his application, culminating in his release from government service by the Public Service Commission. ... The law was settled in Ahmad Jefri bin Mohd Jahri @ Md Johari v. ... When his period of secondment ended, he returned to serve in the National Audit Department, until his compulsory retirement. ... Upon the expiry of his secondment period, he received an extension from 2 Ju....

C. C. C. E. & S. T. Bangalore (ADJUDICATION) v. Northern Operating Systems Pvt Ltd - 2022 Supreme(Online)(SC) 797

"Vicarious Liability in the Law of Torts", pp. 37-38]." ... 41. ... As discussed previously, there is not one single determinative factor, which the courts give primacy to, while deciding whether an arrangement is a contract of service (as the assessee asserts the arrangement to be) or a contract for service. ... Thus, the position of law both prior to as well as post July 2012 is same. Employee - employer relationship is outside the scope of the said service. ... Next, the CESTAT noted that the position in law changed....

Bhupender Singh VS State of Himachal Pradesh - 2024 Supreme(HP) 192

Here it is not a case where the private respondent was appointed against a vacant post on secondment basis. The private respondent has been appointed on secondment basis by transferring the incumbent who already was serving at the said station. ... It is the specific allegation of the petitioner that the private respondent is not eligible to be appointed even on secondment basis as he is not trained as a Secretary of Market Committee. ... It is also the stand of the Board that the private respondent has been placed against the post on #HL....

Target Corpn. India (P. ) Ltd. , In re VS

On these pleadings, the applicant approached this Authority seeking advance rulings on certain questions and this Authority allowed the application under section 245R(2) of the Act to give rulings on the following questions: Secondment Charge p id ... I have also indicated that this Authority had not been called upon to give a ruling on the nature of the income in the hands of the US Principal if it was not reimbursement. ... There is also a presumption in law of the....

DR. SANTHOSH KUMAR.K. vs SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY - 2024 Supreme(Online)(Ker) 75712

(ii) To declare that the action of the 3rd respondent in not issuing an order granting Secondment Leave to the applicant in implementation of the decision of the Governing Body which is the competent authority to grant leave is without any authority of law, manifestly arbitrary, unreasonable, discriminatory ... The Governing Body is the appointing authority as per Rule 2 of the Rules and the said authority is empowered to grant various categories of leave to the academic staff in terms....

DR. SANTHOSH KUMAR.K. vs SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY - 2024 Supreme(Online)(KER) 7402

action of the 3rd respondent in not issuing an order granting Secondment Leave to the applicant in implementation of the decision of the Governing Body which is the competent authority to grant leave is without any authority of law, manifestly arbitrary, unreasonable, discriminatory and violative of ... The Governing Body is the appointing authority as per Rule 2 of the Rules and the said authority is empowered to grant various categories of leave to the academic staff in terms of the ....

We have allowed the appeal earlier and now we give our reasons for doing so. Before us, the learned counsel for the appellant submitted that the cause of action is based on the common law of master and servant. ... It is, therefore, wrong for the plaintiff to object to the secondment. On the strength of clause 2(f), the defendant contended that no prior consent of the plaintiff is necessary to give effect to such a secondment. With respect, I disagree with the defendant. ... It is, therefore, wrong for....

It is, therefore, wrong for the plaintiff to object to the secondment. On the strength of clause 2(f), the defendant contended that no prior consent of the plaintiff is necessary to give effect to such a secondment. With respect, I disagree with the defendant. ... We have allowed the appeal earlier and now we give our reasons for doing so. [5] Before us, the learned counsel for the appellant submitted that the cause of action is based on the common law of master and servant. ... It is, therefore, wrong....

ROSNELI KUNDOR vs KELANTAN STATE ECONOMIC DEVELOPMENT CORPORATION

We have allowed the appeal earlier and now we give our reasons for doing so. [5] Before us, the learned counsel for the appellant submitted that the cause of action is based on the common law of master and servant. ... It is, therefore, wrong for the plaintiff to object to the secondment. On the strength of clause 2(f), the defendant contended that no prior consent of the plaintiff is necessary to give effect to such a secondment. With respect, I disagree with the defendant. ... It is, therefore, wrong ....

Raman VS Subramani Achari (Died) - 2022 Supreme(Mad) 780

Let me address the second substantial question of law first. The first and third substantial questions of law actually revolve around facts - facts relating to possession and title.

C. C. , C. E. & S. T. – Bangalore (Adjudication) Etc. VS Northern Operating Systems Pvt Ltd. - 2022 Supreme(SC) 476

These employees, having regard to their expertise and specialization, are seconded (a term synonymous with the commonly used term in India, deputation) to the concerned local municipal entity (in this case, the assessee) for the use of their skills. Upon the cessation of the term of secondment, they return to their overseas employer, or are deployed on some other secondment.

Arjun Jairam Parab VS Sonu Alias Sanjay Krishna Parab - 2017 Supreme(Bom) 2176

19-A. Admittedly, the suit property is jointly owned and the parties are co-owners along with some others. This takes me to the second substantial question of law. The question is whether the proposed construction by the respondent is a new construction encroaching in the alleged open space of about 40 sq.mtrs.

Gobinda Saha VS Amar Chand Saha - 2009 Supreme(Cal) 217

81/2A, Raja Dinendra Street, P.S. Maniktala, Kolkata-6. B. In the original plaint it was contended by the plaintiff that the plaintiff was the sole owner of the suit premises. 81/2A, Raja Dinendra Street, P.S. Maniktala, Kolkata-6. B. In the original plaint it was contended by the plaintiff that the plaintiff was the sole owner of the suit premises. The propriety of the judgment of reversal is, thus, under challenge before this Court in this second appeal. (2) Let me now give the short background of this case leading to the filing of this appeal hereunder:- A. Initially the....

Arun Kumar Pusti VS Raj Narayan Thakur - 2009 Supreme(Cal) 118

(2) Let me give a short background of this case leading to the filing of instant second hereunder: (2) Let me give a short background of this case leading to the filing of instant second hereunder: The plaintiffs filed a suit for eviction against the defendant/respondent herein on various grounds under the West Bengal Premises Tenancy Act, 1956, such as (i) default in payment of rent since January, 1980, (ii) causing acts of waste and damages resulting material deterioration of the condition of the suit premises, (iii) causing nuisance and annoyance to the....