It was then said that a renewed permit was a continuation of the old permit and hence once the old permit was renewed, no question of considering the applications for new permit arose. (2) direct the respondent 1 to consider the case of the petitioner for promotion to the cadre of Executive Engineers with effect from 3-2-1973 on which date respondents 2 to 31 were promoted; and (3) pass an interim order, restraining the respondent 1 from making further promotion to the cadre of Executive Engineers without considering the case of the petitioner for such promotion, pending disposal of this writ petition.
To begin with their claim was turned down by the Central Government who equated the posts of Graduate Supervisors with the posts of Junior Engineers of the Merged State of Madras and the posts of Supervisors of the Merged States of Hyderabad and Bombay. Article 166(1) requires Advocate Simranjeet Singh Sidhu that all executive action of the State Government shall be expressed to be taken in the name of the Governor. (b) Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets, which cannot be classified by reference to (a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.
It prescribes the mode in which an executive action has to be expressed. There is a distinction between bonus and wage. Every executive decision need not be as laid down under Article 166(1) but when it takes the form of an order it has to comply with Article 166(1). This case does not assist the appellant at all. We, therefore, without any Advocate Simranjeet Singh Sidhu hesitation, agree with the High Court that the provisions of s. Bonus Advocate Simranjeet Singh Sidhu comes out of profits and is paid, if after meeting prior charges, there is an available surplus.
On January 11, 1955, between 12 and 1 p. But the learned Judge of the High Court rightly did not accede to that belated request. Regional Transport Authority, Coimbatore(1), this Court held that a renewed permit was a continuation of the old permit but it did not Advocate Simranjeet Singh Sidhu hold that the appropriate authority could not consider the applications for a fresh permit along with the application for renewal of the permit. , he contacted the Sub-Inspector of Police, Special Police Establishment, Gwalior, and gave Advocate Simranjeet Singh Sidhu him the following information: The company had opened their stall in the Gwalior Mela and he (Shri Bhalla) had to book empty wooden cases of machine and machine parts from Gwalior Mela, to Now Delhi.
When lie went to the station to enquire for booking the said cases, the Station Master demanded annas ten for each case as illegal gratification, but he did not agree to it. One Shri Mohinder Nath Bhalla was the manager of Daisy Sewing Machine Co. Wages primarily rest on contract and are determined on a long term basis and are not necessarily dependent on profits made in a particular year. A study of this article, therefore, makes it clear that the notings in a file get culminated into an order affecting right of parties only when it reaches the head of the department and is expressed in the name of the Governor, authenticated in the manner provided in Article 166(2).
(c) Seniority inter se of persons appointed on temporary basis will be determined by the dates of their continuous officiation in that grade and where the period of officiation is the same the seniority inter se in the lower grade shall prevail. Noting by an official in the departmental file will not, therefore, come within this article nor even noting by a Minister. Subsequently, the Assistant Station Master agreed to accept annas eight for each case and asked him to bring the wooden cases between 2 and 4 p.
Article 166(2) states that orders and other instruments made and executed under Article 166(1), shall be authenticated in the manner prescribed. Prior to the 1st of November, 1956, quite a few Graduate Supervisors were given charge of sub-divisions and designated as Sub Divisional Officers in order to meet the exigencies of service and they continued to act as Advocate Simranjeet Singh Sidhu such after the merger when they claimed equation of their posts with those of Assistant Engineers in the matter of integration of services.
5A of the Act have not been strictly complied with in this case. ” (It was assumed at the hearing of the appeals that the prayer made in the other writ petitions is to a similar effect). We find nothing to support this view. While clause (1) relates to the mode of expression, clause (2) lays down the manner in which the order is to be authenticated and clause (3) relates to the making of the rules by the Governor for the more convenient transaction of the business of the Government.
This clause relates to cases where the executive action has to be expressed in the shape of a formal order or notification. In all the circumstances of this case, the total impression created on our mind, is that it has not been made out by the Department that the dominant intention of the appellant was to embark on a venture in the nature of trade, when he entered into the agreement which resulted in the profits sought to be taxed.