Court : Punjab and Haryana
..... even otherwise, the relief sought by the petitioner could not have granted to him under section 33c(2) of the act as the validity of the denial of the wages to the petitioner qua the period in question could not be adjudicated in proceedings under section 33c(2) of the act. ..... in the absence of these orders having been set aside by a competent court, the petitioner could not straightway move a petition under section 33- c (2) of the act and the labour court could not exercise its powers under the above provisions and grant relief. ..... petitioner could have claimed the relief now sought by him in the earlier application moved by him under section 33c(2) of the act. ..... petitioner had earlier filed an application under section 33c(2) of the act on 29.07.2003 seeking a direction to the respondent-management to pay his gratuity and other pensionary benefits. ..... petitioner has filed this petition under article 226 of the constitution of india seeking a writ in the nature of certiorari for quashing order dated 04.05.2015 (annexure p-1), whereby, application moved by the petitioner under section 33c(2) of the industrial disputes act, 1947 ('act' for short), was dismissed. ..... thus, the learned tribunal rightly held that the application filed by the petitioner under section 33c(2) of the act was liable to be dismissed. .....
Tag this Judgment!Court : Punjab and Haryana
..... to what relief, if any the workman is entitled. ..... whether the petitioner is a workman as defined under the provisions of the act? 2. .....
Tag this Judgment!Court : Punjab and Haryana
..... against the judgment of conviction dated 8.1.2003 and order of sentence dated 10.1.2003, passed by the learned additional sessions judge, fatehabad, vide which the appellant was convicted under section 15 (e) of the narcotic drugs and psychotropic substances act, 1985 (in short 'the ndps act') and was sentenced to undergo rigorous imprisonment for 10 years and fine of rupees one lac, in default thereof, to further undergo rigorous imprisonment for a period of two years, ..... section 20 appears in chapter iv of the act which relates to offences and penalties for possession of such ..... also do not agree with the contention of the learned counsel for the appellant that the provisions of section 42 of the ndps act were required to be complied with in the present case. ..... the conjoint reading of the provisions of section 35 and 54 of the act, it becomes clear that if the accused is found to be in possession of the contraband article, he is presumed to have committed the offence under the relevant provisions of the act until the contrary is proved. ..... the contraband material with the accused is established, the accused has to establish how he came to be in possession of the same as it is within his special knowledge and therefore, the case falls within the ambit of the provisions of section 106 of the evidence act, 1872 (hereinafter referred to as 'the act 1872'). 16. ..... similarly, the provisions of section 50 of the ndps act are also not attracted in the present case since it is not a case of .....
Tag this Judgment!Court : Punjab and Haryana
..... financial commissioner, coopration, punjab and others 2008(3)rcr (civil) 929 to contend, that the suit for declaration ex facie is not maintainable as no relief of possession has been sought inasmuch as, as per the family partition, both the parties were given their respective portion of the land vide which the appellant-defendant was given land at village gadauli, ..... he further submits that concurrent finding of fact cannot be challenged by invoking the provisions of section 100 cpc until and unless a very strong and prima facie substantial questions of law arise for ..... iii) whether a simpliciter suit for declaration without seeking further relief of possession is maintainable in view of the law laid down by the hon'ble supreme court in mehar chand dass ..... judgment and decree the will executed by ram chander had been proved and the said judgment and decree, has been brought on record in the present suit which is admissible in evidence as per provisions of section 13 of the indian evidence act, 1872. ..... am of the further view that family settlement was not contrary to any statutory provisions nor was opposite to the public policy as envisaged under section 23 of the indian contract act, 1872. ..... deputy director of consolidation and others 1976 air (sc) 807 to contend that parties to the family arrangement must have some antecedent title, claim or interest even a possible claim or interest in the property which is acknowledged by the parties to the settlement even if one of .....
Tag this Judgment!Court : Punjab and Haryana
..... in the matter of relief, the supreme court has guarded that breach of provisions of section 2-5f of the id act, do not automatically lead to reinstatement and taking into account many factors in sum total as are presented on facts then the ends of justice will be met in moulding the relief to the facts and circumstances of the ..... there is also no clear and categorical evidence pointing case toward protections in sections 25-g and 25-h of the id act and even if they are that would not make any material difference on the question of ..... when both these issues have not been correctly decided, then the further question arises as to what relief the petitioner is entitled to and would he have a right to reinstatement with continuity of service and full back wages. ..... labour court has dismissed the reference by the impugned award dated august 5, 1994 holding that the case falls under section 2(oo)(bb) of the id act, since the employment was not extended beyond august 25, 1990. ..... the grant of first and second extension, the presumption arises that the case does not fall under the exception sub clause (bb) of section 2(oo) of the id act and therefore, the necessity of complying with section 25-f of the id act arises. ..... submits that the provisions of section 25-f of the industrial disputes act, 1947 (for brevity 'the id act') were violated. ..... labour court took a view that on august 25, 1990, the petitioner had not completed 240 days of service in the manner provided by section 25- b of the act. .....
Tag this Judgment!Court : Punjab and Haryana
..... hand, if the defendants were only claiming as successors to their father who claimed a status as tenant or lessee, then section 116 of the evidence act constitutes a bar against the defendants from setting up any right inconsistent with the status as such tenant or lessee. ..... also contended that the suit itself was not competent, for, the only remedy could have been only by resort to an ejectment petition under the rent act under section 13 and the suit for ejectment in a civil court was not competent. ..... enactments bring such fetter against a landlord for recovery of possession in civil court as indeed the haryana urban (control of rent and eviction) act, 1973 constitutes a special forum for adjudication and also constitutes a bar against the institution of suit in a civil court. ..... to an admitted status of a tenant then the party defendant who sets up title cannot complain that the title as held by the civil court will remain merely a piece of paper and the proper relief could be secured by such an owner only before a rent court. ..... date back to a finite period which is fairly long, it will be necessary to examine whether such a transaction where a party or the predecessor asserted a right was consistent with title and to examine if it was merely a sporadic act or there had been consistent line of transactions or entries consistent with the ownership. ..... operating against the defendants and the ejectment action must follow as a matter of course to enable the plaintiffs to secure the relief. 9. .....
Tag this Judgment!Court : Punjab and Haryana
..... once the work bank scheme has run its length, then the labour court is not justified in reasoning that those who remained in service was good enough ground to invoke sections 25-g or 25-h of the id act unless it was coupled with a positive finding that those who were re-employed or were retained in service were employed in the same or similar capacity as work-charge supervisors since tapering would have to be in accordance with the ..... however, it appears from the record that when the services of the respondent-workman were terminated or retrenched, the employer did not follow the procedure prescribed either under section 25-f or under section 25-o of the industrial disputes act, 1947 (for short "the act") depending on the numerical strength of the cadres involved in the scheme. ..... the workman has had the benefit of last drawn wages under section 17-b of the act for a very long time and probably even beyond the age of superannuation which financials are compensatory in nature and non-recoverable in view of the law laid down by the supreme court in dena bank v. ..... the labour court, however, came to the conclusion that a few employees were left to serve after retrenchment of the respondent-workman and this was a circumstance which went in favour of the workman to grant him relief of reinstatement with continuity of service and back-wages. ..... 630/- per month from the date of the stay order and such payments had been made by the petitioner-bank and the debt stands discharged. .....
Tag this Judgment!Court : Punjab and Haryana
..... the management's witnesses admitted that there was violation of sub sections (a) and (b) of section 25f of the act which are two-fold parts of section 25-f of the act the breach of which renders the termination ab initio void. ..... the case under sections 25-g and 25-h of the id act pressed by the workman has been negated and the relief has been centered on violation of section 25-f of the act. ..... the forest department was unable to produce even an iota of evidence to refute the claim of the respondent-workman against the illegal retrenchment effected on april 16, 2010 without complying with the pre-requisites of section 25-f of the industrial disputes act, 1947 (for short 'the id act'). ..... the supervisory jurisdiction exercised while reviewing the original work of labour tribunals especially in a case where judicial discretion has been exercised in a proper and wholesome manner and within the parameters of awardable relief then intervention is neither possible nor warranted. ..... and uninterrupted and the principle of 240 days was eminently satisfied thereby conferring valuable industrial rights on the respondent 1 to protect his employment for it to be dealt with in accordance with law and the mandatory provisions of section 25-f of the id act. ..... will not be read as expressing any opinion on what has been denied to the workman by the labour court which will remain open to debate in case a petition is presented by the respondent worker pressing for larger relief than granted by the court a quo. .....
Tag this Judgment!Court : Punjab and Haryana
..... shower praise on the lethargical attitude of litigants who 'easy come, easy go' and one fine day wake up to say that great misfortune and injustice has befallen on them and there are no prescribed limitations in the id act for seeking relief. .....
Tag this Judgment!Court : Punjab and Haryana
..... the labour court has to the mind of this court erred on relief much on the lower side in awarding compensation of l 15,000/- after holding that the termination was vitiated due to non-compliance of section 25-f of the act. ..... there is no doubt that the provisions contained in section 25-f of the industrial disputes act, 1947 ("the act") were breached and, therefore, the termination is illegal and ab initio void. ..... of reinstatement in full and final settlement of the claim of a beldar-cum-gardener who served the department for about 8 or 9 years and any compensation awarded in modification of the award should not exceed that amount in case relief is found due by monetary enhancement. ..... charan singh, (2015) 8 scc 150awards reinstatement as a matter of course yet reinstatement ought not to be awarded automatically or mechanically and many factors would have to be taken into consideration before moulding the relief on a case to case basis. 2. .....
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