Court : Patna
..... chapter iii deals with bar in employment of children and conditions. ..... of the said provision it is evident that the enquiry is contemplated only in the case of misconduct; which is defined in rule 20 and not otherwise and one of the acts as defined being breach of the provisions of the standing orders applicable to the establishment and certified under the industrial employment (standing orders) act, 1946, would cover removal from service on the ground of appointment of the employee concerned being irregular and illegal ; that is to say, in breach of the provisions ..... whereas in biscomaun (supra), it was held that removal from service on the ground of the appointment being irregular and illegal was covered by the expression 'for a reasonable cause' within the meaning of section 6 of the shops act and in such a case, therefore, the principles of natural justice had no application, and in case the concerned employee was given a month's notice or a month's wages in lieu of the notice, he could no longer question his removal ..... in the reported decision it was held by a bench of this court that removal from service on the appointment was irregular and illegal was covered by the expression 'for a reasonable cause' within the meaning of section 26(1) of the act and it, therefore, did not attract the principles of natural justice and the action of the administrator in passing the order of removal from service without giving the concerned employee an opportunity of being heard in the matter .....
Tag this Judgment!Court : Patna
..... the sum and substance of the grievance of the petitioners is spelled out in paragraph 22 to 25 of the writ application which for the sake of convenience is being extracted here-in-below:para 22: that teachers employed in the school are entitled to get the same salary and pay scale as are being paid to a regular teacher in the schools run by the board at punai chawk, patna, patratu, barauni and/or the teachers in the ..... this stand is contrary to the argument advanced on behalf of the petitioners that the board being 'state' within the meaning of article 12 of the constitution of india cannot act in violation of articles 36,40,41,43 and 45 of the constitution of india.shri sinha, the senior counsel of the petitioners has cited the following decisions:. ..... the board must provide all facilities for buildings, furniture, books and other ancillary things to import education to the children of its employees.para 25: that there is an attempt by the board to closed the school and to deny education to the children of the employees of the board in the ranchi town. ..... 000/- in instalments provided the numbers of the children goes above 200. ..... 24: that the board being a statutory and other authority and a state within the meaning of article 12 of the constitution cannot deny such facility and obligation towards the children of the employees. ..... rules framed for the management of the school run by the board provided that the school of the board are meant for the education of the children of its employees. .....
Tag this Judgment!Court : Patna
..... learned lord chancellor said:my lords, if we had to consider the principle of the workmen's compensation act as res integra, i should be of opinion that the principle was one more akin to insurance at the expense of the employer of the workman against accidents arising out of and in the course of his employment than to the imposition on the employer of liability for anything for which he might reasonably be made answerable on the ground that he ..... the term 'accident' for the purpose of law relating to compensation for personal injury sustained by workman and the employer's liability in that behalf includes any injury which is not designed by the workman himself and it is of no consequence that the injury was ..... place without the fault of the driver and while he was on duty in the village must be taken to be during the course of his employment and also arising out of employment on account of risk which was incidental to his duty of taking the bank officers to the village.14. ..... -(1) if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter:provided that the employer shall not be so liable-(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days;(b) in respect of any injury, not ..... children of the deceased filed an application under the workmen's compensation act .....
Tag this Judgment!Court : Patna
..... at the staircase of the 3rd floor and that key and lock, with blood stains, were found lying at the stairs and that the dead body of the mother of the said two children was lying, in the gallery, drenched in blood, key of the shop was found near her dead body, both, the drawing room and the bedroom, are situated towards south of the ..... other hand, learned counsel for the appellants submits that no person had witnessed the killing of arti gupta and her two children and it was on receipt of telephonic information from sanjeev gupta (p.w.18), the husband of the deceased aarti gupta, that the ..... as unfolded at the trial, may, in brief, be set out as under: (i) aarti gupta (since deceased) used to live with her husband, sanjeev gupta (pw 18), and two children, namely, aashi @ ritu, aged about 3 years, and sanchit @ golu, aged about 5 years, at nala road, patna. ..... 18), which was located on the ground floor of the building, where one woman and two children were mercilessly killed; (ii) the bottle and the glasses, which were used for taking of alcohol, had been recovered at the instance of the accused mukesh; (iii) the informant and ..... place of occurrence, who uniformally stated that on receiving telephone message from sanjeev gupta (p.w.18), they had gone to the place of occurrence, where they saw arti gupta and her two children murdered in sanjeev guptas house situated on the 3rd floor of the said building. ..... who is the employer of the two employees, has not alleged any past act of misconduct .....
Tag this Judgment!Court : Patna
..... no court shall take cognizance of an offence punishable under section 161 or section 164 or section 165 of the indian penal code or under sub-section (2) or sub-section (3a) of section 5 of this act, alleged to have been committed by a public servant except with the previous sanction--(a) in the case of a person who is employed in connection with the affairs of the union and is not removable from his office save by or with the sanction of the central government. ..... rabri devi being the wife of sri prasad abetted him in the commission of the aforesaid offence of criminal misconduct under section 13(1)(e) of the said act by allowing him to acquire a substantial portion of his assets in her name and in the names of their minor children and also by holding the said assets (pecuniary resources and property) on behalf of sri prasad which are disproportionate to the known sources of income of sri prasad and thereby smt ..... rabri devi held considerable property of the said disproportionate assets in her name and in the names of her minor children knowing or having reason to believe that these assets were acquired by her husband sri prasad beyond his known sources of ..... rabri devi held considerable part of the said disproportionate assets in her name and in the name of her children knowing that these assets were acquired by her husband sri lalu prasad through dubious, corrupt and questionable means ..... rabri devi and his children were having total assets, both movable and immovable worth about .....
Tag this Judgment!Court : Patna
..... 45 of 2003 (which followed as a sequel to the ordinance) reads as follows:exercise superintendence over the vigilance administration of the various ministries of the central government or corporations established by or under any central act, government companies, societies and local authorities owned or controlled by that government.in exercise of powers so conferred on the cvc, it issued its circular dated 18.11.1998 (annexure-r/e), wherein it has noted that improvement of vigilance administration ..... point to be noted is that the closure of an establishment in which a workman is for the time being employed does not by itself infringe his fundamental right to carry on an occupation which is guaranteed by article 19(1)(g) of ..... ...the extent of permissible judicial review was indicated by saying that 'actions are amenable to judicial review only to the extent that the state must act validly for a discernible reason, not whimsically for any ulterior purpose.3.1) the supreme court has held as follows in the recent judgment reported in : air2005sc2299 master marine ..... condition on the ground that it was unreasonable, they should have limited it to cases where the children were not accompanied by their parents or a guardian or some adult. ..... the corporation in its wisdom issued an executive order that children up to the age of 15 years shall not be admitted to any entertainment, whether accompanied by ..... some court may think that no children should be admitted on sundays at all, some .....
Tag this Judgment!Court : Patna
..... said decision, in my view, only because a separate petition under section 26 of the act was not filed by the wife for allowing maintenance to the children, it cannot be held that order passed by the court below to that effect illegal.24. ..... 1989 delhi 10, in which a learned single judge of the delhi high court has considered the scope of section 24 read with section 26 of the act and laid down the following principles for the purpose:-(1) position and status of the parties;(2) reasonable wants of the claimant (towards food, clothing, shelter, medical attendance and treatment, ..... it is now settled law that the court has ample power to pass an order for maintenance to the children in a petition under section 24 of the act even when a separate application has not been filed under section 26. ..... the petitioner has already opted for voluntarily retirement scheme and as such, he will get entire salary from his employer and secondly his deposit in gpf must be held to be his total income. ..... of durga pada banerjee (supra), a learned single judge of this court, interpreting the provisions of section 24 of the act, has opined that the word 'maintenance' means any amount which may be sufficient for subsistence and reasonable living of the party ..... the high court was called upon to consider the provision of sections 13 and 25 of the hindu marriage act arid section 23 of the hindu adoption and maintenance act where the divorce had already taken place.the decisions reported in 1987 delhi 43, 1939 m.p. .....
Tag this Judgment!Court : Patna
..... i have stated above that apart from the employed sons of the deceased, he left behind his widow and three dependent children who also depended on the deceased, who used to maintain them. ..... as such, the widow of the deceased and her three minor children are certainly entitled for adequate compensation.7. ..... nevertheless, the wife and other children of the deceased must have depended on the income of the deceased.6. ..... : [1957]1scr98 , the apex court has held that the tribunal should not strictly follow the provisions of the evidence act and should be guided more by the principles of natural justice. ..... 50,000/- only as the vehicle, in question, was insured under the act policy only in which the liability is limited to the extent of rs. ..... widow of the deceased and her three minor children are entitled to get rs. ..... the next question arises that what should be the quantum of compensation to which the wife of the deceased and her three minor children were entitled. ..... 50,000/- only in view of the fact that two sons of the deceased got employment. ..... it is true that after the accident two sons of the deceased got employment. ..... 1 and her three minor children.13. .....
Tag this Judgment!Court : Patna
..... where a person is suffering from hunger or starvation, when he has no resources at all to fight disease or to feed his wife and children or even to hide their nakedness, where utter grinding poverty has broken his back and reduced him to a state of helplessness and despair and where no other employment is available to alleviate the rigour of his poverty, he would have no choice but to accept any work that comes his way, even if the remuneration offered, to him is less ..... it is, therefore, clear that when the petitioners alleged that minimum wage was not paid to the workmen employed by the contractor, the complaint was really in effect and substance a complaint against violation of the fundamental right of the workmen under article 23.9. ..... it may, therefore, be legitimately presumed that when a person provides labour or service to another against receipt of remuneration which is less than the minimum wage, he is acting under the force of some compulsion which drives him to work though he is paid less than what he is entitled under law to receive. ..... he would be in no position to bargain with the employer; he would have to accept what is offered to him. ..... one way in which she petitioner may be partly compensated is to provide her with regular employment in the government. ..... and in doing so, he would be acting not as a free agent with a choice between alternatives but under the compulsion of economic circumstances and the labour and service provided by him would be clearly 'forced labour1. .....
Tag this Judgment!Court : Patna
..... include any such person-i) who is subject to the air force act, 1950, or the army act, 1950, or the navy act, 1957 orii) who is employed in the police service or as an officer or other employee of a prison, oriii) who is employed mainly in a managerial or administrative capacity oriv) who, being employed in a supervisory capacity draws wages exceeding one thousand six hundred rupees per mensem or exercise, either by the nature of the ..... industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be expressed or implied, and for the purposes of any proceeding under this act in relation to any industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment had led to that dispute, but does not ..... thus, according to the law laid down by the apex court function discharged by a teacher is to educate the children to develop their character, enhance their personality and make them responsible citizen. ..... a teacher educates children, he moulds their character, builds up their personality and makes them fit to become responsible citizens. ..... children grow under the care of; teachers. .....
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