Court : Delhi
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P. (C) No. 7553 of 2003 Reserved on: November 11, 2011 Decision on: January 20, 2012 MOOLCHAND KHARAITI RAM HOSPITAL and AYURVEDIC RESEARCH INSTITUTE ..... Petitioner Through Mr. Shanti Bhushan and Mr. Raj Birbal, Senior Advocates with Ms. Raavi Birbal, Advocate. versus MOOLCHAND KHARAITI RAM HOSPITAL KARAMCHARI UNION and ORS. ..... Respondents Through Mr. Sanjay Parikh with Ms. Mamta Saxena and Mr. Pranay Raina, Advocates for R-1. Mr. Kailash Vasdev, Senior Advocate with Mr. Sanjay Shandilya, Ms. Ekta Mehta and Ms. Joanee Pudussery, Advocates for R-2. Mr. Shyam Moorjani, Advocate for Intervenors. CORAM: JUSTICE S. MURALIDHAR JUDGMENT 20.01.2012 Introduction 1.1 The Petitioner, the management of the Moolchand Kharaiti Ram Hospital and Ayurvedic Research Institute ('Management'), challenges an Award dated 14th January 2003 passed by the Industrial Tribunal-II ('Tribunal') in Industrial Dispute No.2. of 1999 as well as the subsequent order dated...
Tag this Judgment!Court : Delhi
..... practices in ecce that date back almost 5000 years. the early pioneers of the movement were gijubhai badheka, tarabai modalk, maria montessori and several others. we also have writings of mahatma gandhi, rabindra nath tagore and zakir hussain drawing attention to this important aspect of education on the formative years of child's life. at the time of independence, the need for .....
Tag this Judgment!Court : Delhi
PRADEEP NANDRAJOG, J. 1. LPA No.415/2005 lays a challenge to the judgment and order dated 9.7.2004 pronounced by a learned Single Judge of this Court allowing WP(C) No.1458/1984, in which writ petition, of the 4 prayers made, only first 3 were pressed during arguments and in respect whereof 3 reliefs were granted. The 3 prayers which were pressed read as under:- “(a) Grant a writ, direction or order in the nature of prohibition restraining the respondents from recovering/levying damages on the properties of the petitioners without any authority of law; (b) Grant a writ of mandamus directing the respondents to disclose the principle/basis on which such damages are levied. (c) To declare the respondents cannot impose penalty under the garb of regularization charges.” 2. The 3 directions issued by the learned Single Judge read as under:- “(i) The alleged unauthorized construction in respect of the lease-hold property belonging to the petitioner No.17 cannot now be ...
Tag this Judgment!Court : Delhi
GITA MITTAL, J. “Salus Populi Est Suprema Lex” (Regard for public welfare is the highest law) 1. The present case reinforces the principle that adjudication on a factual situation by strict application of law would maximise public welfare. 2. By this order I propose to dispose of IA No. 4518/2006 under Order XXXIX Rule 1 and 2 and IA No.8011/2006 (under Section 151 of the CPC) filed by the plaintiff. Identical questions of fact would arise for the consideration of both applications. Similar legal objections have been urged by the private defendant to these applications. The same are accordingly being taken up together for the purpose of consideration and disposal. 3. The present suit has been filed by IHBAS against the Government of NCT of Delhi (Secretary-Land and Building Deptt.); Delhi Development Authority and Land and Development Department, Office of the Ministry of Works and Housing, Nirman Bhawan, New Delhi as defendant nos. 1, 2 and 3 respectively. The plaintiff h...
Tag this Judgment!Court : Delhi
..... . state of u.p. and ors.: 1. for many centuries, indian society cherished two basic values of life i.e., 'satya' (truth) and 'ahimsa' (non-violence). mahavir, gautam buddha and mahatma gandhi guided the people to ingrain these values in their daily life. truth constituted an integral part of justice delivery system which was in vogue in pre-independence era and the .....
Tag this Judgment!Court : Delhi
..... enough to meet such men, and must be triggered against them. in this case, the learned judge to his cost realised what george bernard shaw remarked on the assassination of mahatma gandhi "it is dangerous to be too good."the trial court in this case will remind itself of s. 35-a c.p.c. and take deterrent action if it is .....
Tag this Judgment!Court : Delhi
P.K. Bhasin, J. 1. By way of this writ petition the petitioner-workman, who was employed as a checker with the respondent Company, had challenged the award dated 09-05-2006 passed by the Labour Court in ID Case No. 102/2002 whereby the relief of re-instatement in service with back wages was denied to him by the Labour Court even after coming to the conclusion that his services had been illegally terminated by the respondent-management and and only a lump-sum compensation of Rs. 20,000/- was awarded to him. The petitioner-workman felt that he was entitled to be re-instated in service with full back wages and so he knocked the doors of this Court for getting that relief. 2. The petitioner–workman, as per his case, was employed as a checker with the respondent-management since 02.01.2000 till 14.05.2001, when his services were illegally terminated. He had approached the labour authorities for his re-instatement in service but since he could not get that relief the dispute between hi...
Tag this Judgment!Court : Delhi
P.K.BHASIN, J. 1. By way of this writ petition the petitioner, who was employed as a peon with the respondent, had challenged the award dated 23-07-2010 in ID Case No. 9/2007 whereby the relief of re-instatement in service with back wages was denied to him by the Central Government Industrial Tribunal-I(‘the tribunal’ in short) even after coming to the conclusion that his services had been illegally terminated by the respondent and only a lump-sum compensation of Rs. 25,000/- was awarded to him. 2. The petitioner was employed as a peon on daily wages with the respondent. His services were terminated w.e.f. 01.05.2004. He had then approached the competent authorities for his re-instatement in service but since he could not get that relief the dispute between him and the respondent was referred for adjudication to the Tribunal vide Reference order dated 25th January, 2007 with the following term of reference:- “Whether the action of the management of Nehru Yuva Kendra S...
Tag this Judgment!Court : Delhi
..... the supreme court are as under:- 1. for many centuries, indian society cherished two basic values of life i.e., 'satya' (truth) and 'ahimsa' (non-violence). mahavir, gautam buddha and mahatma gandhi guided the people to ingrain these values in their daily life. truth constituted an integral part of the justice-delivery system which was in vogue in the pre-independence era .....
Tag this Judgment!Court : Delhi
..... act, 1956. 47. now, i turn to consider the submission of learned counsel for the petitioner that the central information commissioner sh. shailesh gandhi has acted with impropriety while passing the impugned order, by disregarding the earlier orders of the other central information commissioners and by taking a decision ..... central information commissioners, and to refer the said issue for determination by a larger bench of the central information commission. sitting singly, sh. shailesh gandhi, central information commissioner, could not have taken a contrary view by merely observing that he disagrees with the earlier views. 10. the further submission ..... colly.) 9. the first submission of learned counsel for the petitioners is that, while passing the impugned orders, the central information commissioner sh. shailesh gandhi has acted with impropriety. despite the earlier orders of two central information commissioners taking the view that the information placed by the petitioner-roc in .....
Tag this Judgment!