Judgment Search Results Home > Cases Phrase: sick industrial companies special provisions act 1985 chapter i preliminary Court: himachal pradesh Page 3 of about 34 results (0.123 seconds)

Lata Vs. United India Insurance Co. Ltd. and ors.

Court : Himachal Pradesh

Reported in : I(2005)ACC788,2005ACJ857

..... the statute on the pretext of extending the statutory benefit to those who are not covered thereby. [see regional director, e.s.i. corporation, trichur v. ramanuja match industries, air 1985 sc 278].'12. in the light of the aforesaid discussion, our only endeavour in this reference, therefore, should be to find out as to whether there ..... taken by the full bench of karnataka high court that cross-objections by the claimant for enhancement of the compensation amount, in an appeal filed by an insurance company, are maintainable. the single bench accordingly in the aforesaid order dated 26.5.2004 feeling that the aforesaid ratio laid down by the division bench judgment of ..... that may be made in this behalf, the claims tribunal may, for the purpose of adjudicating upon any claim for compensation, choose one or more persons possessing special knowledge of and matter relevant to the inquiry to assist it in holding the inquiry.'21. section 176 of the act empowers the state government to make rules .....

Kashi Ram Vs. Harbhajan Singh Bhajji

Court : Himachal Pradesh

Reported in : AIR2002HP154

..... . reliance in this behalf was placed by her on the statement of pw-4 patwari halqua as well as dw-1, i.e. the plaintiff. in addition to other evidence, special emphasis was laid by her on ex. pw-1/e, copy of jamabandi for the years 1978-1979 as well as on ex. pw-4/k copy of partal-va .....

Santosh Kumari and ors. Vs. New India Assurance Company Ltd. and anr.

Court : Himachal Pradesh

Reported in : 2008(2)ShimLC470

..... of the statute on the pretext of extending the statutory benefit to those who are not covered thereby. see regional director, employees' state insurance corporation, trichur v. ramanuja match industries : (1985)illj69sc .67. we, therefore are of the opinion that kodala (supra) has correctly been decided. however, we do not agree with the findings in kodala ( ..... the driver of the vehicle, which met with accident. the learned tribunal allowed the claim petition and awarded rs. 4,34,000/- to the claimants. the insurance-company challenged this award before this court by filing fao (mva) no. 235 of 1997. this appeal was allowed by this court on the ground that the claim petition ..... in the aforesaid terms with no order as to costs.2. this order was challenged by the claimants before the apex court but the apex court rejected the special leave petition.3. thereafter, the petitioners again filed a petition under section 163-a of the motor vehicles act. however, in this petition, the income of .....

Prakash Chand Vs. P.S.E.B. and ors.

Court : Himachal Pradesh

Reported in : 2007(3)ShimLC381

..... continuous service in the said year.32. the said approach, in our view, was erroneous in view of the decision of this court in u.p. drugs & pharmaceuticals company ltd. the petitioner had wrongly described the documents relating to attendance for the years 1991 onwards as far as the respondents are concerned, as being irrelevant and the tribunal ..... w.e.f. january 31, 1977. he proceeded on the sanctioned leave on august 1, 1980. thereafter he fell sick and did not join the duties. he was removed from service vide order dated august 5, 1981. an industrial dispute was raised after 16 years. the tribunal found the order in violation of the provisions of the i.d. ..... falls in the exceptional category referred to above. no interference is warranted with theorder of the learned single judge confirming the order of the labour court. d.b. civil special appeal no. 919/2002 (bhanwar singh v. judge labour court and ors.):19. in this case the appellant workman worked as a casual labour on daily wage basis .....

Mohan Lal Vs. Himachal Pradesh State Forest Corporation and ors.

Court : Himachal Pradesh

Reported in : (2008)ILLJ524HP

..... proceedings are different than cvc recommendation which was the basis of the order passed by the disciplinary authority.'34. in d.k. yadav v. j.m.a. industries, ltd. : (1993)iillj696sc it was held that action of the authority should be impartial and should be free from even appearance of unfairness, unreasonableness and arbitrariness ..... in exercising its disciplinary power for the purpose of terminating the employment of its employees, has been recently considered by this court in several cases: vide the associated cement companies ltd., bhupendra cement works, surajpur v. p.n. sharma, : (1965)illj433sc and bhagwan v. ram chand, : [1965]3scr218 , and it has been held ..... what the petitioners' counsel strenuously contends however that is though an opportunity was given that opportunity was not reasonable. in making this argument he had laid special stress on the fact that particulars of the fraud alleged were not given and an opportunity to inspect the papers though repeatedly asked for was not .....

State of H.P. Vs. Lashkari Ram

Court : Himachal Pradesh

Reported in : (2008)ILLJ137HP,2008(1)ShimLC245

..... like employment insurance, provident fund and pension. the act accepts, in principle, compulsory payment of gratuity as a social security measure to wage earning population in industries, factories and establishment.7. thus, the main purpose and concept of gratuity is to help the workman after retirement, whether retirement is a result of rules ..... of the act of 1972 to mean that any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port railway company, or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, ..... carefully the provisions of the pension rules f as well as the provisions of the payment of gratuity act. the payment of gratuity act being a special provision for payment of gratuity unless there is any provision therein which excludes its applicability to an employee who is otherwise governed by the provisions of .....

New India Assurance Company Ltd. Vs. Smt. Usha Devi and ors.

Court : Himachal Pradesh

Reported in : 2008ACJ845,[2007(115)FLR1179],2007(2)ShimLC397

..... 50,942/- rs. 2,37,796/-6. nfa no. 29 of 2001 rs. 24,449/- rs. 6,666/- rs. 31,115/-----------------------------------------------------------------------------21. the new india assurance company has filed above appeals against the impugned award. all appeals, have been admitted on following substantial questions of law:(i) whether in view of the admitted fact that the policies ..... to workers by employer. in the accident, yashpal singh claimant received fatal injuries and he died on the same day. it has been alleged that new india assurance company, being the insurer of the truck, is liable to pay the compensation. the claimants have claimed statutory compensation, 18% interest and 50% penalty both from the ..... which could have also been made under section 3 of the 1923 act. but, having regard to the fact that section 143 of chapter x makes a special provision, the same shall apply only to cases arising under the said chapter and not under chapter xi of the 1988 act.14. the 1988 act provides .....

Hem Lata Vs. Himachal Road Transport Corporation and anr.

Court : Himachal Pradesh

..... the central civil services (classification, control and appeal) rules, 1965. she has further contended that the respondent-corporation could not resort to section 25-f of the industrial disputes act, 1947 to dispense with the requirement of regular domestic inquiry. she lastly contended that the appeal has been rejected without a speaking order. 3. mr. ..... the respondent-corporation has been declared as essential services vide notification dated 11.9.1990 and is also a public utility under section 2-n of the industrial disputes act, 1947. he lastly contended that it was neither practicable nor possible to hold an inquiry against the unauthorized absence of the petitioner to avoid ..... they are likely to suffer personal humiliation and insults. these are normal witnesses and they could not be said to be placed in any delicate or special position in which asking them to appear at a confronted enquiry would render them subject to any danger to which witnesses are not normally subjected and hence .....

H.P.S.E.B. and anr. Vs. Balak Ram and anr.

Court : Himachal Pradesh

Reported in : (2008)IILLJ8HP,2007(3)ShimLC202,2008(3)SLJ477(HP)

..... measures like employment insurance, provident fund and pension. the act accepts, in principle, compulsory payment of gratuity as a social security measure to wage-earning population in industries, factories and establishment.7. thus, the main purpose and concept of gratuity is to help the workman after retirement, whether retirement is a result of rules of ..... . section 1(3) (b) and 4 which read as under:1(3) it shall apply to:(a) every factory, mine, oilfield, plantation, port and railway company;(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a state, in which ten ..... thereunder have to be so construed as to be in harmony with each other and that where under a specific section or rule a particular subject has received special treatment, such special provision will exclude the applicability of any general provision which might otherwise cover the said topic.in philips india ltd. v. labour court, madras : ( .....

Virender Kumar Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Reported in : 2009(2)ShimLC496

..... the interests of the general public rather than to redistribute public goods from broad public uses to restricted private benefit....' with reference to a decision in illinois central railroad company v. illinois (1892) 146 us 387, it was stated that 'the court articulated in that case the principle that has become the central substantive thought in public ..... et. seq; 'halsbury's statutes, fourth edition, p. 17 et. seq. and journal of planning & environment law, 1973 p. 130 et. seq. see also: penn central transportation company v. city of new york (1978) 57 law ed 2d 631 438 us 104; village of belle terre v. bruce boraas (1974) law ed 2d 797 : 416 us 1; village ..... qyite seclusion and clean air make the area a sanctuary for people.see also village of euclid v. ambler realty company (1926) 272 us 365. see the decision of the andhra pradesh high court in t. damodhar rao v. the special officer, municipal corporation of hyderabad : air 1987 andh pra 171.36. public park as a place reserved for .....