Court : Himachal Pradesh
Decided on : Aug-28-2006
Reported in : 2006(2)ShimLC316
..... employer was that the employee had forged some documents it was essential that the employee should have been permitted to inspect the original documents. even after the inquiry officer had permitted the employee to examine the documents then also the bank authorities did not permit the employee to note down the contents of the documents. ..... solution can be offered but the golden mean may be arrived at.25. again in general manager, haryana roadways v. rudhan singh : (2005)iiillj4sc , a three judge bench of the apex court held as follows:8. there is no rule of thumb that in every case where the industrial tribunal gives a finding that the termination ..... court wherein the interim orders were vacated and it was held that the civil proceedings were not maintainable since the employee had a remedy under the industrial disputes act.7. the employee thereafter approached the central government for a reference and reference was made by the central government to the tribunal. the tribunal decided the .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Sep-05-2006
Reported in : (2007)IILLJ765HP,2007(1)ShimLC70
..... common knowledge that different accused tried for and held guilty of similar offences, at different trials, are awarded different punishments and at times by the same judges. an accused awarded higher punishment cannot ask for reduction of his sentence to the same quantum of punishment which is imposed upon some other accused, found ..... proceedings, the disciplinary authority was not justified in holding the writ petitioner guilty, on the basis of the inquiry report;(vi) two other employees of the respondents, against whom disciplinary proceedings were initiated for acts of misconduct, almost similar to those for which the writ petitioner has been penalized, have been dealt with ..... them as securities, though he has offered an explanation, which is neither probable nor would have mitigated the act of misconduct, even if it were proved to be correct, as explained hereinabove.20. a three judges bench of the hon'ble supreme court in ajit kumar nag v. general manager (pj), indian oil corporation .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Sep-06-2006
Reported in : 2007ACJ923,2007(1)ShimLC30
..... and thereafter in sohan lal passi's case (supra), their lordships held that the correctness of the decision in skandia's case was approved by a three judge bench in sohan lal passi's case and it authoritatively laid down the law that who alleges the breach must prove the same. the following observations are pertinent ..... to the claimants, the insurance company filed a statutory appeal against the aforesaid award, being fao (mva) no. 271 of 2003 which was rejected by a single judge of this court vide judgment dated 13th june, 2003. not only this, the insurer went a step further by filing a special leave petition in the supreme ..... of national insurance company ltd. v. swaran singh and ors. reported in : air2004sc1531 , a three judge bench of the supreme court dealing extensively with various aspects relating to the applicability of various sections of the motor vehicles act, 1988 specifically dealt with the question of breach of policy condition relating to the holding of valid driving licence .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Nov-20-2006
Reported in : 2007ACJ1874,AIR2007HP34,2007(1)ShimLC258
..... the motor accident claims tribunal has no jurisdiction to proceed with the execution petition as per the procedure laid down under the civil procedure code. the learned single judge keeping in view section 174 of the act came to the conclusion that the mact has no jurisdiction to execute an award and it is only bound to issue a certificate and send the ..... it may contain, and the fees, if any, to be paid in respect of such applications;(b) the procedure to be followed by a claims tribunal in holding an inquiry under this chapter;(c) the powers vested in a civil court which may be exercised by a claims tribunal;(d) the form and the manner in which and the ..... 166, the claims tribunal shall, after giving notice of the application to the insurer and after living the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of section 162 may make an award determining the amount of .....
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