Court : Madhya Pradesh
Reported in : 2001(4)MPHT250
..... 4-2-97 as well as 29-8-97 referred to hereinabove. 5. the letters patent appeal was heard by the division bench of hon'ble s. dwivedi and hon'ble s.s. jha, jj. hon'ble s.s. jha, j., vide his detailed judgment dated 7-1-99 dismissed the appeal summarily upholding both the orders which had been challenged and were the subject ..... up before hon'ble the chief justice with the following note. 'kind attention is invited to the separate orders dated 7-1-99 passed by the hon'ble s. dwivedi and hon'ble s.s. jha, jj, members of the division bench at gwalior in l.p.a. no. 257/97.' 10. the hon'ble court has directed that in view of difference ..... . 12. on the aforesaid note put by the registrar, the hon'ble chief justice passed an order to the following effect on 10-2-99. 'list it before hon'ble s.p. srivastava, j.' 13. this is how the matter has now come up before me.14. the application i.a. no. 9017/99 has been filed by the contesting respondent .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(4)MPHT387
..... of property. however, the section is not very happily worded and, there are certain overlapping provisions. sub-section (1) of section 80 of the act deals with streets, lands, public places, drains and irrigation channels and restricts the right of the municipal corporation to sell, lease or otherwisealienate the ..... has 5een omitted whereas in proviso (i) the word 'leased' has been specifically used. similarly, in sub-section (1) of section 80 of the act the word 'leased' has been used alongwith the word 'alienated' to make it more comprehensive, saying that the property could be leased, sold or otherwise ..... the foregoing provisions of this section shall apply to ever)' disposal of property belonging to the corporation made under or for the purpose of this act: provided that- (i) no property vesting in the corporation in trust shall be leased, sold or otherwise conveyed in a manner that is likely ..... s.c. pandey, j.1. this is an appeal under section 100 of the code of civil procedure, filed .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1(1984)ACC227
..... and the learned commissioner dismissed the claim petition holding that the deceased was not a workman within the meaning of section 2(n) of the workmen's compensation act (hereinafter) referred to as the act), 1923. the learned commissioner also dismissed the claim on the ground that death was not as a result of accident. it is against this that ..... deceased was posted, cement, iron and other things were coming everyday. there also used to be demolition of structures which were encroachments and the deceased, along with other employees, used to do all these functions and sometimes when extra labour was needed, it was also employed. he also admitted that he was a muster clerk with the ..... that the wife of the deceased was already admitted in the hospital and she wanted the deceased to take leave, but it appears that leave for such an employee with the respondent was not possible, as it has appeared in evidence that his officer told him that if he wanted leave, his services would be terminated. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1992)ILLJ64MP
..... other provisions with respect to lay-off and retrenchment compensation, nothing in the industrial disputes act, 1947 (no. xiv of 1947) shall apply to any industry to which this act is applied ....'4. on facts, the admitted position is that at gwalior branch sales office where respondent/ employee had been appointed on january 10, 1979 as ..... regard is neither arbitrary nor exercise of that power manifested in the notification is arbitrary. indeed, the two alternatives in section 1(3) manifests legislature's anxiety to ensure that power is not exercised thereunder in a manner that may be extra or contra-constitutional. it was necessary to ensure that exercise of ..... of the like pressed by shri gupta.20. for the reasons aforesaid, we hold that petitioner's gwalior branch sales office where the respondent employee was serving was, and is, outside the scope of application of mpir act contemplated under the concerned notification dated december 31, 1960. because, in that office neither today nor .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990ACJ399
..... rs. 46,000/-was challenged on the ground that it was beyond the scheduled amount prescribed under the workmen's compensation act. the insurer was held liable to discharge full liability under the award in terms of section 95 of the old act and indeed, there was no appeal for enhancement. all the three deck sions cited by mr. jain are ..... . the full bench answered one of the questions referred to it in the negative, holding that gratuity, family pension and other 'benefits attached to service conditions of the employee' were not deductible, besides holding that no deduction could be made also for the policy of insurance taken out by the deceased. the court held that such benefits as ..... on the defendants. it was held, per shukla, j., that ex gratia payment being a condition of contract of service and being payable only on death of the employee, as proved in that case, that was an advantage accruing to the claimants 'by reason of death'; it was not a voluntary payment on charitable ground 'on the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(0)MPLJ482
..... that expression used in section 25b read with section 25f of the i.d. act. admittedly, no retrenchment compensation, as required by section 25f, was paid to the employee. his termination was, therefore ab initio void. the decisions relied upon by the learned counsel for the employee in the case of l. robert d' sourza (supra) and punjab land development ..... the petitioner no. 2 shall hereinafter be referred to as the 'employer' and the 'employee', respectively.2. main challenge in this petition, amongst other orders, is to the order dated 27-4-1985 (annexure y to the petition) whereby the employee's name has been struck off from the rolls of the employer with effect from 25-5-1984 ..... . the services of the employee have been terminated on the alleged ground of his long absence from duty and failure to report back to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2000MP137
..... schedule.4. first a word about the connotation of word 'pension'. ordinarily it is generally understood to include a payment made by the government employer to its employees to compensate for the past services rendered by them. but it has wider meaning and even according to its dictionary definition it includes a payment, a charge, a price ..... policy incorporated therein would not constitute a relevant consideration for testing its validity. viewed thus, all that remained to be examined was whether section 8a of the act was within the legislative competence of parliament and whether it was hit by provisions of articles 14, 21 or 106 of the constitution and whether there was any ..... of the parliament to enact section 8a of the salary, allowances and pension of members of parliament act, 1954, being ultra vires articles 14, 21 and 106 of the constitution and has prayed for its quashment.2. petitioner's short case is that constitution did not provide for grant and payment of pension to mps as was .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2002)IILLJ353MP; 2002(1)MPLJ385
..... terminated, much less without following the procedure laid down in chapter va of the industrial disputes act, 1947 and without payment of compensation in accordance with section 25f thereof. it was also submitted before the labour court that these employees having worked on the posts continuously for more than six months, had even otherwise acquired the ..... clear that the holding of this court, whether in surendra kumar saxena or brij kishore sharma (supra) would not, in terms, apply to respondent's, case for that reason. his entitlement would also be so determined (under the 'annexure' of 1963 rules) in respect of his claim for being treated as ..... 14. consequently, these petitions are partly allowed. while maintaining the direction of the labour court as affirmed by the industrial court for classification of these employees as permanent employees on the posts from the dates as directed by the labour court, it is directed that insofar as the wages/pay is concerned, the direction shall .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1995)ACC594; 1995ACJ654; AIR1995MP82
t.s. doabia, j. 1. suresh babu nath claimant has preferred this appeal against the award given by the third additional motor accident claims tribunal gwalior, whereby the tribunal concluded that he was not entitled to claim any compensation as there was no negligence on the part of the state or its employees. after recording this finding, a further ..... that there was no fault with . the vehicle in question. for this reliance has been palced on section 92a of the motor vehicles act, 1939. this provision read as under. '92a. liability to pay compensation in certain cases on the principle of no fault. (1) where the death or permanent disablement of any person has resulted from an ..... the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person. (4) a claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1983MP24; [1984]56CompCas146(MP)
..... resulting from such death to the parties respectively for whose benefit such action shall be brought. section 2 provides for compensation for any pecuniary loss to the estate caused by the wrongful act. in m/s. sheikhupada transport co.'s case (air 1971 sc 1624) (supra) the supreme court left the question open whether the basis for fixing ..... received by him should be deducted while assessing the liabilities. for the claimant it was urged that pension, like life insurance was the product of the employee's past services or thrift and it was neither equitable nor just that the tortfeasor should take over the benefit of the case. on behalf of the opposite ..... but is an advantage 'by reason of the death'. this amount cannot be claimed by the dependent unless death of the employee has occurred. this amount was, therefore, deductible from the amount of compensation.27. it was lastly cohtended that in any case acceleration of the interest in the estate of the deceased necessitated some deduction .....
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