Court : Allahabad
Decided on : Feb-07-2003
Reported in : (2003)3UPLBEC2407
..... of name of a workman from muster-roll amounts to retrenchment. the word 'retrenchment' has been defined both in central and u.p. act. section 2(oo) of the industrial disputes act is extracted below:-'retrenchment means the termination by the employee of the service of a workman for any reason whatsoever, otherwise than as a punishment ..... in uptron india ltd. (supra) which was a decision from this court, the apex court held that the latter part of clause (bb) of section 2(oo) of the industrial disputes act, namely, termination in pursuance of a stipulation to that effect in the contract was confined to fixed term employment referred in earlier part. therefore, in ..... behalf contained therein; or(c) termination of the service of a workman on the ground of continued ill-health.'7. the definition in section 2(s) of the u.p. industrial disputes act, 1947 is extracted below:-''retrenchment' means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-13-2003
Reported in : (2004)ILLJ16P& H; (2003)135PLR188
..... the appellant claimed that he was entitled to reinstatement with all consequential benefits because his service had been terminated without complying with the provisions of section 25-f of the act.5. the employer resisted the claim of the appellant by asserting that public works department is not an industry and that the appellant was not ..... to an adjudication of the dispute.11. we have thoughtfully considered the respective arguments and perused the record. the term award had been defined in section 2(b) of the act in the following words:-'(b) 'award' means an interim or a final determination of any industrial dispute or any question relating thereto by any ..... worked for 12 months preceding the termination of his service and before terminating his service, the employer did not comply with the mandatory provisions of section 25-f of the act. learned assistant advocate general could not point out any infirmity in the said finding. therefore, keeping in view the limited scope of jurisdiction of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-10-2003
Reported in : (2003)135PLR208
..... deemed to be unauthorised and illegal in view of rule 19 of the punjab village common lands (regulation) rules. 1964. and he is liable to be evicted under section 7(2) of the act. in this regard, the reference an be made to the decision of hon'ble supreme court in gurnam singh and ors. v. the sub divisional officer (civil). ..... aforesaid decision of the apex court, i am of the opinion that the petitioners, who are in illegal occupation of the land in dispute, can be ejected under section 7(2) of the act by the assistant collector 1st grade. they had taken the land in dispute on lease from the gram panchayat. their lease period had already expired. after the ..... (supra), the hon'ble supreme court has held that the 'charand' land reserved for grazing of cattle falls within the definition of shamlat deh as defined in section 2(f) of the act and no distinction can be made between charand and shamlat deh. the plea of the proprietors that the charand land could not vest in the gram panchayat under .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-16-2003
Reported in : (2003)135PLR213
..... no relationships of employer and employee were existing between the parties as the respondent-workman did not fall under the definition of 'workman' as defined under section 2(s) of the act. he has further contended that the respondent-workman did not complete his job, therefore, he was not paid the remaining amount of rs. 15,000/-. ..... between the parties, as the respondent-workman was employed by the petitioner-management for hire, therefore he fell under the definition of 'workman' as defined under section 2(s) of the act. it was also held that the respondent-workman had completed the work assigned to him. therefore, he was entitled to recover the remaining amount of rs ..... dated 3.6.1985 was dismissed.2. in the instant case, respondent no. 2 (hereinafter referred to as 'the workman') filed an application under section 33-c(2) of the act for computation of rs. 15,000/- as labour charges, which were illegally not paid by the petitioner-management. it was alleged by respondent-workman that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-05-2003
Reported in : (2004)138PLR435
..... respondent-wife that she was prepared to go back to her matrimonial home unconditionally. the said matter was referred to the lok adalat for the purpose of reconciliation. section 23(3) of the act reads as under;- '23(3) for the purpose of aiding the court in bringing about such reconciliation, the court may, if the parties so desire or if ..... after the marriage the parties resided at village khanpur kalan, tehsil gohana, district sonepat. out of the wedlock, a daughter was born. the appellant filed a petition under section 13 of the act for the grant of divorce on the ground of cruelty and desertion alleging that about six years earlier to the filing of the petition, the respondent on the pretext ..... to be seen whether the respondent has treated the appellant with cruelty within the meaning of 13(1)(i-a) and deserted him within the meaning of section 13(1)(i-b) of the act. 16. it is appropriate to note that the hon'ble supreme court in savitri pandey v. prem chandra pandey,1 (2002)2 s.c.c. 73 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-03-2003
Reported in : 2004(3)ARBLR354(P& H)
Ashutosh Mohunta, J. 1. This petition is against the order dated September 4, 1995 passed by the District Judge, Karnal, vide which it was held that the Award was vague and that the Arbitrator misconducted himself in not considering the counter claims. The learned District Judge, consequently, set aside the Award passed by the Arbitrator and the matter was referred back to the Arbitrator to decide the claims of the parties afresh.2. A perusal of the Award and the order passed by the District Judge, Karnal, dated September 4, 1994 shows that there were definite claims and counter claims between the parties. Thus, it was imperative for the Arbitrator to clearly state as to which claims were being accepted and which claims were being rejected. A perusal of the Award does not show as to which of the items have been allowed and which items have been rejected. Therefore, the Award is definitely vague. It has been held in the judgment of Hon'ble Supreme Court reported as Union of India v. Jai...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-01-2003
Reported in : 2006(194)ELT275(P& H)
..... no. 208/83-c.e., dated 1-8-1983 issued by the department is the question which arises for determination in this petition filed under section 35h(1) of the central excise act, 1944 (for short, 'the act').2. respondent no. 1 m/s. r.h. industries, mohali is engaged in the manufacture of parts and accessories of motor vehicles falling under chapter ..... heading 87.08 of the central excise tariff act, 1985. it took credit on inputs i.e. . angles and m.s. flats during the period from april, 1987 the july, 1987 under government of india ministry of finance order .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-2003
Reported in : AIR2004SC38; 2004(5)ALLMR(SC)322; JT2003(8)SC225; (2004)1SCC46
..... election petition as well as of defects in the affidavit accompanying an election petition wherein allegations of corrupt practice are made. after considering the provisions of sections 83 and 86 of the act, as also the requirements of form 25 prescribed by rule 94-a of the rules and relevant provisions of the cpc, it was held: ..... of commission of such practice has to be indicated. though allegation of fraud etc. in obtaining false caste certificate have serious implications, under the act and particularly as the language of section 123(3) specifies and enumerates they do not per se constitute corrupt practice. the fact that a candidates obtains a certificate that he belonged ..... does not disclose a valid cause of action;(b) it contains several paragraphs which do not fit into an election petition filed under sections 5 and 100(1)(d)(i) of the act;(c) there does not exist any valid verification of the pleadings;(d) the affidavit filed by the petitioner along with the election petition .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-09-2003
Reported in : 2004(1)ALD(Cri)283; 2004(1)BLJR429; JT2003(10)SC32; 2003(10)SCALE522; (2004)2SCC349
..... it is not every offence committed by a public servant while engaged in the performance of his official duty, which is entitled to the protection of section 197(1), an act constituting an offence, directly and reasonably connected with his official duty will require sanction for prosecution and the said provision.'use of the expression, 'official duty ..... and also amrik singh's case (supra) that it is not every offence committed by a public servant which requires sanction for prosecution under section 197 of the code, nor even every act done by him while he is actually engaged in the performance of his official duties. following the above legal position it was held in harihar ..... . v. h.s. kochar : 1979crilj1367 it was held : 'the words, any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty' employed in section 197(1) of the code, are capable of a narrow as well as a wide interpretation. if these words are construed too narrowly .....
Tag this Judgment!Court : Delhi
Decided on : Jan-29-2003
Reported in : 2003IIAD(Delhi)281; 103(2003)DLT315; 2003(67)DRJ201
..... on the basis of the facts and circumstances tilting in favor of the welfare of the minors. thus, the applications u/s 12 of the guardians and wards act 1890 r/w section 151 of the cpc dated 10.3.1999 filed by the petitioner; the application filed by the respondent on 31.5.99 u/s 12 of the guardians and ..... wards act 1890 whereby the respondent has sought that the order dated 10.3.99 of the court be set aside, recalled/suitably modified; and the application filed on 29 ..... .7.99 by the respondent u/s 12 of the guardians and wards act 1890, all are disposed of accordingly and the parties are directed to be abide by the arrangement as directed herein-above.'3. at the outset, i put it to the .....
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