Court : Jharkhand
Reported in : 2004(1)BLJR20; [2004(4)JCR622(Jhr)]; (2004)IILLJ506Jhar
..... sakattar singh, (2001) 1 scc 214, wherein on interpretation of similar clause 16(iv) of the bipartite settlement relating to punjab and sind bank, like the present clause 15(x) of the certified standing orders of the corporation, it was held that the principles of natural justice cannot be examined in vacuum without reference to the fact - situation arising in the case. ..... employee, calling upon him to report for duty within a month of the notice stating, inter alia, the grounds of absence, for the management to come to the conclusion that the employee concerned had no intention of not joining the duty and furnishing necessary evidence, whenever relevant and unless the employee reports for duty within a month of the notice or gives explanation for his absence satisfying the management for regularizing his absence, he would loose his lien on appointment and would ..... , (2000) 5 scc 65, the apex court held that the requirement of the principles of natural justice are (i) a workman should know the nature of the complaint or acquisition (ii) an opportunity to state his case and (iii) the management should act in good faith which means that action of the management was fair, reasonable and just. ..... admittedly in the year 1970, lidha oraon, the respondent no. .....
Tag this Judgment!Court : Jharkhand
Reported in : (2009)IVLLJ207Jhar
..... . pursuant to the directions of this court and in terms of the settlement arrived at between the petitioner and the respondent management on 08.09.2001, the petitioner was paid 66% of the full back wages minus the wages already paid to him under section 17(b) of the industrial dispute act ..... however, by mutual consent of the counsel for the petitioner and the management, the matter was withdrawn from the lok adalat on the ground that for full and final settlement of the petitioner's claim, the matter needs to be verified and certain initial paraphernalia has to be observed before the c.m.p.f. ..... the contempt petition was disposed of on the undertaking of the management that the petitioner's claim would be settled shortly.in response to the petitioner's representation, the matter was referred for settlement under the provisions of section 58 of the industrial dispute (c) rules. ..... in the proceeding which was held on 08.09.2001 for settlement, the employer was represented by the officers nominated by it while the petitioner had appeared in person and was also represented by the general secretary of the b.c.m.s. ..... . on the contrary, on the basis of the settlement arrived at between him and the respondent management, he had earned and received the entire back wages of rs ..... advance/bonus, sick leave encashment, quarter allowance etc.by order dated 02.05.2006, this court had referred the petitioner's dispute for settlement before the lok adalat scheduled to be held on 07.05.2006. .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2009Jhar1; [2008(4)JCR542(Jhr)]
..... thereof to a society or bank registered or deemed to be registered under the bihar and orissa co-operative societies act, 1935 (bihar and orissa act vi of 1935), or to the state bank of india or a bank specified in column 2 of the first schedule to the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970) or to a company or a corporation owned by, or in which less than fifty-one per cent of the share capital is held by the state government or the central government or partly by the state government, and partly by the central government, and which has been set ..... . but his lordship further observed that in the case where both the surrender and the subsequent settlement of the land amount to one transaction, the main object of which was to by-pass the statutory provisions of section 46, the transaction becomes intrinsically invalid, although considered separately the surrender and the settlement may have the appearance of legality.in this connection, his lordship relied on the decision of the judicial committee in moti chand v .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(3)JCR137(Jhr)]
..... in this writ petition, the petitioner has challenged the order dated 19.4.2002 (annexure 8) passed by the assistant general manger-cum-disciplinary authority, whereby, the petitioner has been imposed the penalty of dismissal from the bank services with effect from 27.4.2001 without back salary in terms of clause 21(iv)(a) of the 6th bipartite settlement dated 14.2.1995.3. ..... considering the rival contentions of the parties, i am of the view that under the bipartite settlement which was binding upon the employer and the employees of the bank equally. ..... it has further been submitted that under clause 21(iv)(a) of the bipartite settlement, if an employee is found guilty of gross misconduct then for that either of the several punishments provided in sub-clauses (a) to (g) including the dismissal without notice can be awarded. ..... learned counsel for the petitioner submitted that no doubt, the petitioner was found guilty and was convicted but since the appeal has been admitted against the said conviction and sentence and he has been released on bail and, therefore, the issuance of annexure-8, dismissing the petitioner from service during the pendency of the appeal was not justified. ..... the case of the petitioner is that he was working as a peon-cum-bill collector in allahabad bank, gomo branch since 28.3.1970. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(4)JCR408(Jhr)]
..... dhanbad by earlier award directed the management to regularize the workmen working as plant cleaning mazdoors through contractors, the central government having issued notification under section 10 of the contract labour (regulation and abolition) act, 1970 prohibiting engagement of contract labour on the job of plant cleaning in ..... after publication of award, a settlement was arrived at on 29th september, 1992 relating to mode of implementation of the award which was implemented in toto.further case of the petitioner is that the 1st respondent mazdoor union with a view to induct several persons into the employment took the advantage of the earlier award and again raised an industrial dispute in the year 1996-97 contending therein that the workmen have been stopped from ..... nothing on the record to suggest nor the tribunal held that the aforesaid persons, namely alok bhattaeharjee and others were in the role/or working after 1988 including the date on which the award was ..... ended in failure reference, in question, was made on 25th november, 1997.before the tribunal, the petitioner management disputed the claim and took plea that all the plant cleaning mazdoors pursuant to award in reference no. ..... d(p)/p.s/86/2649-946(h) dated 8th/9th may, 1986 of the director (personnel,) bccl, the cooperative workers who had completed 190 days of attendance during the period of block year 1982-85, were entitled for employment ..... been regularised after entering into settlement on 29th september, 1990. .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2010Jhar3
..... this right of appeal under section 299 of the succession act, read with order 41, rule 11 cpc does not mean that the appellant has got a right of admission of the appeal and the appeal has to be admitted as a matter of course even if the appellate court on hearing counsel for the appellants, is satisfied that no grounds are made out for admission of the appeal.in the result, this appeal is dismissed. ..... 2 herein also admitted due execution of the will but challenged the title of his father-hawaldari ram gupta and asserted that the property under the will was purchased by his mother-bindeshwari devi, out of her own stridhan, which could not be partitioned and the deed of partition was not binding on bindeshwari devi and therefore his father could not bequeath the property mentioned in the will.the trial court framed several issues. ..... -f which also appears to be post dated and prepared after the death of the testator and the recital of the document tries to create some present and future right in favour of defendant no. ..... 1 herein, obtained possession of various documents including the will but did not handover the same to the plaintiff in spite of several requests and therefore the certified copy of the will obtained from registration office was annexed.6. ..... 1) filed an application for grant of letter of administration with respect to the will dated 9-6-1970 executed by hawaldari ram gupta. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(3)JCR292(Jhr)]
..... 23 is the raiyati khata recorded in the name of jadubar kahar, the admitted common ancestor of the parties to the suit and there is total absence of any specific finding regarding the case of surrender by jadubar kahar and its subsequent settlement of the aforesaid three plots in favour of sukan kahar by the landlord and as such there is unity of ownership and possession between the parties in respect thereof and these three plots are liable to be partitioned in which the plaintiff-appellant is entitled to half share and the learned appellate court ..... below did not properly construe the settled principle of law in respect thereof and .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(3)JCR406(Jhr)]
..... is that the suit land is not the exclusive property of the plaintiff and it also belongs to his brothers to his brother ram dayal modi, bibhuti prasad modi and his son arun modi and others and the suit land is not a basauri land and it is outside of the jurisdiction of dumka municipal area where the settlement operation is going on and section 5 of the santhal pargana settlement regulation 1872 bars the jurisdiction of this court and the suit ought to have been filed before the settlement court. ..... this nature of land is irrelevant and in the earlier suit as per the compromise petition the relationship of landlord and tenant between the parties as well as the nature of the land stands finally determined and concluded and there in no scope to re-determine the said matter and therefore, the remand order is not at all valid and the learned appellate court below has no scope to remit the case but to decide itself in view of the materials available on the record and thus the remand order is bad and unsustainable.10. ..... thereafter the defendant again defaulted in payment of the rent from july 1968 to november 1970 and notice under section 106 of the transfer of property act was served upon him in the month of december 1970 determining, his tenancy directing him to vacate the suit land and to pay the arrears of rent but it did yield no result and the plaintiff filed title (eviction) suit ..... settlement regulation 1872 and the suit is not bad for non-joinder of necessary ..... settlement regulation .....
Tag this Judgment!Court : Jharkhand
Reported in : I(2005)DMC598
..... in that background, the supreme court held that it was the duty of the court to encourage genuine settlement of matrimonial dispute and for that if necessary to exercise inherent power under section ..... if it is brought to the notice of the court that certain facts which were necessary but could not be brought to the notice of the prosecution witnesses during cross-examination, inadvertently and the court feels that further evidence of such person is essential to the just decision of the case, it is obligatory on the part of the court to summon such witness for re-examination but the court is required to exercise its discretion ..... prosecution witnesses in view of new development that both the parties had entered into compromise and had filed joint compromise petition in the court below itself.in the present case, learned single judge vide its order dated 2nd july, 2004 while doubted the correctness of the orders passed in the aforesaid cases, the offences in this case being non-compound able, referred the case for hearing by a division bench.3. ..... justifiable reason to do so in the interest of justice, the court may summon or recall and re-examine any witness at any stage, but the court should act with circumspection and exercise power sparingly.in the case of arnita das v. ..... air 1970 sc 45, the supreme court held that the court has inherent power to recall a witness if it is satisfied that he is prepared to give evidence, which is materially different from what he had given at the trial .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(1)JCR478b(Jhr)]
..... according to the petitioner, he joined his service in the survey settlement department at bhagalpur on 15.12.1970, whereafter he was transferred to darbhanga and finally to dumka in the year 1992. ..... on or about 16.5.2001, by annexure 1, the assistant settlement officer (headquarters) informed the petitioner he would be completing 58 years of age on 31.5.2001 and therefore would be superannuated on and from that date.3. ..... in the meantime on 31.5.2001 the petitioner superannuated whereafter on 4.7.2001 he filed a representation before the settlement officer at dumka for payment of his retiral dues.5. ..... this order, however, should not be construed by any of the parties to mean that this court has in any way restrained the rights of the government to initiate a proceeding but it is made clear that if such initiation is made, it will be strictly in accordance with law and not otherwise. ..... the petitioner has stated that under the provisions of rule 43(b) of the bihar pension rules, the respondents had a right of withholding or withdrawing pension or any part of it provided there was a finding recorded in a departmental or in a judicial proceeding to the effect that the petitioner was guilty of gross misconduct etc. .....
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