Court : Himachal Pradesh
Reported in : 2007(3)ShimLC381
..... the period october 1, 1991 to august 31, 1992. the removal was found to be in violation of the provisions of section 25-f of the industrial disputes act. the tribunal following the decision of the apex court in delhi development horticulture employees' union v. delhi administration reported in : (1992)iillj452sc , directed to pay ..... discussion is that the petitioner had completed 240 days preceding his retrenchment and was entitled to get the protection of section 25-f of the industrial disputes act, 1947. accordingly the retrenchment of the petitioner by the respondents board is declared void ab initio and the petitioner in normal circumstances was entitled to be ..... that since he had completed 240 days preceding his retrenchment from 23.9.1978. he was entitled to protection under section 25-f of the industrial disputes act, 1947. the employer i.e. respondent board had taken preliminary objection of delay in raising the dispute. the petitioner had appeared as witness before the labour .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(2)ShimLC358
..... improve his qualifications entitling him to get higher honorarium. there is substance in the submission of mr. ajay sharma. in the totality of the circumstances, the act of the gram panchayat to terminate the services of respondent no. 7 was illegal. the petitioner-gram panchayat has defied the orders passed by the competent authority ..... ), una is untenable. once the orders have been passed by the competent authority exercising the jurisdiction under the relevant provisions of the himachal pradesh panchayati raj act, 1994 and the rules framed thereunder, the same were to be implemented by the gram panchayat to curb the tendency of the gram panchayat to terminate the ..... dated 6.11.2001 had refused to grant interim relief to the petitioner-panchayat. the block development officer, haroli has called upon the petitioner-gram panchayat to act as per decision of the competent authority/court vide communication dated 4.3.2002. the deputy director, panchayati raj has sent letter to the pradhan of the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2008]83SCL204(HP)
..... by the company to 85,921 depositors.3. the clb took cognizance of the matter under section 58a(9) of the indian companies act ('the act'), the company was asked to furnish the reasons for its default and the plan of action to clear all the matured deposits and ..... company has not availed itself of the option given to it under section 265, direct the company to amend its articles in the manner provided in that section and make fresh appointments of directors in pursuance of the articles as so ..... amended, within such time as may be specified in that behalf by the company law board.11. a bare reading ..... to reconciliation/settlement and pending its consequential adjustments, if any.18. the argument made on behalf of the company that section 58 of the act is a complete code in itself and therefore, non-compliance of the orders passed under section 58, cannot be a ground for appointment .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2008)ILLJ137HP,2008(1)ShimLC245
..... (1985)illj530sc . earlier there was no provision for payment of interest on the delayed payment of gratuity. sub-section (3-a) was added to section 7 by an amendment, which came into force with' effect from october 1, 1987. in the case of charan singh v. birla textiles : (1989)illj250sc this aspect was noticed in the ..... the hon'ble supreme court in ahmedabad pvt. primary teachers' assn. v. administrative officer and ors. : (2004)illj596sc , has held that the payment of gratuity act is a piece of welfare legislation and its provisions are in the nature of social security measures like employment, insurance, provident fund and pension. their lordships have held as ..... . but as pointed out by the supreme court in state bank of india v. shri n. sundara money : (1976)illj478sc 'termination embraces not merely the act of termination by the employer but the fact of termination howsoever produced'. a termination of the relationship arising out of casual employment took place when the petitioner was .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2007)IIILLJ1084HP
..... awarded full back wages along with litigation expenses as aforesaid.9. insofar as the first point raised regarding the jurisdiction of labour court under the industrial dispute act is concerned, it stands already covered in the judgment passed by this court in c.w.p. no. 906 of 2005, the palampur co-operative ..... operative and unsustainable. since the petitioner has illegally terminated without holding proper and full fledged inquiry and also in violation of the mandatory provisions of industrial disputes act, the petitioner is entitled for his reinstatement in the original service on the same terms and conditions in which he was working earlier, with all consequential ..... mandi, h.p. w.e.f. january 31, 1995 without any notice, charge-sheet, enquiry and without compliance of section 25-f of the industrial disputes act, 1947, is legal and justified. if not, to what relief of consequential benefits including back wages, seniority and amount of compensation, shri jagdish chand is entitled?2 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC100
..... or under a statute vis-a-vis cases or this nature who are sui generis. terms and conditions of services of an employee may be referable to acts of appropriate legislature. the matter may also come within the purview of article 309 of the constitution of india as proviso appended thereto confers power upon the ..... 1983)illj284sc , again a constitution bench of the supreme court was considering the question as to whether the panchayat service constituted under section 203 of the gujarat panchayat act was a civil service of the state and the members of the service were government servants. the apex court after due consideration enumerated the following indicias for deciding ..... civil post' under the state?(2) whether the h.p. state administrative tribunal has jurisdiction to try and determine the matter under section 15 of the administrative tribunal act, 1985?3. we have heard shri b.c. negi, learned counsel for the petitioner, the learned advocate general shri m.s. chandel and shri manohar lal .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(2)ShimLC428
..... for the ejectment of the father of the plaintiff were initiated in the year 1981 and the order for ejectment was also passed in the same year. amendment to section 163 of the land revenue act, giving the powers of civil court to the assistant collector, 1st grade, to decide the question of title, raised in the proceedings for ejectment of an ..... encroacher, in the manner and by following the procedure laid down for trial of a civil suit, was made in the year 1988. prior to this amendment, the assistant collectors had .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(II)ShimLC334
..... 30.12.2002 a statement under section 154 cr.p.c. was made before the police by smt. kamlesh kumari wife of bidhi chand that her husband is serving in merchant navy and had come on leave. today at about 9.30 a.m. her husband had gone along with the labourers for cutting of tuhni tree and parkash chand, appellant ..... must be such as is necessary to constitute murder. without this ingredient being established, there can be no offence of 'attempt to murder'. under section 307 the intention precedes the act attributed to accused. however, it was clearly observed that the intention is to be gathered from all circumstances, the nature of weapon used, the, manner in which it is used .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC510
..... made by learned counsel for the respondents were that scope of section 34 of the act as amended was very much limited since the earlier plea of misconduct also could be considered but now according to section 34 of the ..... mines and minerals ltd. v. eastern engineering enterprises and anr. : air1999sc3627 , shows that the provisions of section 30 of the previous act was considered by their lordships and it was observed that in order to decide whether arbitrator has exceeded his jurisdiction, held, reference to the ..... then the court cannot set it aside merely because another view was possible. it was held that test to determine whether arbitrator acted in excess of jurisdiction or not. the court has to examine some documents including the contract and reference of the dispute to ..... act the only ground which can be taken is that the award was against public .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC319
..... and taxation commissioner, cannot alter the statute. the substantive provisions are mandatory and absolutely clear. the respondents cannot assume jurisdiction and powers for performance of acts which are not conferred by the statute. we find that the present case is one of inherent lack of jurisdiction in the respondents and any ..... at the barriers to assist the excise and taxation commissioner have been designated as officers to assist the commissioner for carrying out the purposes of the act within their territorial jurisdiction. the submission made by learned counsel is that the orders passed are within the jurisdiction of the officer. he has referred ..... (cc) which states that the excise and taxation commissioner means the deputy excise and taxation commissioner, appointed in accordance with section 3(1) of the act to assist the commissioner and includes the joint excise and taxation commissioner. similarly, section 2(b) defines commissioner to mean the excise and taxation commissioner .....
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