Court : Punjab and Haryana
..... rule 13 of the punjab civil services (punishment and appeal) rules, 1970 provides that the ground of conduct which has led to the conviction of a gupta shivani 2014.05.06 14:41 i attest to the accuracy and integrity of this document chandigarh cwp no.20066 of 2011 9 criminal charge is to be taken into consideration by the punishing authority and, therefore, the said order of termination was ..... it has time and again been held by the apex court that while exercising the powers of writ jurisdiction under article 226 of the constitution of india, this court is to exercise its power only in appropriate cases where the judicial conscience of the high court dictates it to act lest a gupta shivani 2014.05.06 14:41 i attest to the accuracy and integrity of this document chandigarh cwp no.20066 of 2011 10 gross failure of justice or grave injustice has ..... to an individual as well not only when he is discriminated against in the matter of exercise of right, but also in the matter of imposing liability upon him. ..... the labour court had thus while rightly balancing the equities inter se the parties and granting only 50% back wages 3 years prior to the demand notice dated 14.02.2003 should have noticed that demand was raised only in december, 2000 after the appeal had ..... his right to raise the said issue came up when the conviction was altered since in his reply to the show cause notice, he had said that his appeal was pending and he was hopeful that conviction under section 307 ipc was liable to .....
Tag this Judgment!Court : Punjab and Haryana
..... it was further pleaded that the assessee failed to pay the charges, and the matter was referred to the collector, patiala for recovery of `5,25,600/- as arrears under section 80(3) of the punjab kumar virender 2014.05.26 16:23 i attest to the accuracy and integrity of this document rs.no.69 of 2012 4 municipal act and the assessee could challenge the assessment of service charges by way of appeal under section 84 of the punjab municipal act, but no such appeal was preferred. ..... on merits, it was pleaded that punjab government with the concurrence of central government has imposed service charges on central government properties and directed the defendant vide letter dated 25.02.1988 to collect the service charges w.e.f.01.04.1984 according to capital value in respect of residential and non-residential buildings. ..... instant regular second appeal has been preferred by the appellants-plaintiff nos.1 and 2 against the judgment and decree dated 13.03.2009 passed by learned civil judge (senior division).patiala whereby suit filed by the appellants-plaintiffs for recovery has been dismissed, as well as, against the judgment and decree dated 17.08.2011 passed by learned additional district judge (fast track court).patiala has kumar virender 2014.05.26 16:23 i attest to the accuracy and integrity of this document rs.no.69 of 2012 2 also ..... against that, plaintiffs preferred an appeal, which has also been dismissed by the lower appellate court vide judgment and decree dated 17.08.2011. .....
Tag this Judgment!Court : Punjab State Consumer Disputes Redressal Commission SCDRC Chandigarh
..... as held by the honble supreme court, the educational institutions are not service providers, therefore, the complainant could not have maintained the complaint under the act before the district forum. 10. ..... it also admitted the issuance of the directions by the punjab government regarding the fee, vide letter dated 7.10.2010. ..... at the time of the start of the session, the information regarding the fee to be charged from the students and various other aspects of the course were provided by the opposite party through the prospectus and it was mentioned therein that actual fee charged from a student according to punjabi university, patiala, was rs.35,160/-, which was liable to variation according to punjab government instructions. ..... reported in 2012(3) cpc 615 that the educational institutions are not the service providers and the complaint against the educational institutions is not maintainable under the act. ..... the fee structure could have been varied from time to time as per the instructions of the punjab government. ..... the matter is sub-judice as civil writ petition no.4593 5493 of 2011 filed by the self-financed colleges is pending before the honble punjab and haryana high court and the complaint cannot be decided till the decision of that writ petition. ..... the charges under various heads, which could be charged from the students, were rightly described in that letter. .....
Tag this Judgment!Court : Punjab and Haryana
..... if the court finds that the exercise of rights by the employer is not bona fide or the employer has adopted the methodology of fixed term employment as a conduit or mechanism to frustrate the rights of the workman, the termination of the service will not be covered by the exception sailesh ranjan 2014.07.03 17:48 i attest to the accuracy and contained in clause (bb). ..... the designation of the keyman was not covered under section 39 of the punjab municipal act, 1911 as it was not in the cadre provided in appendix 'a' to 'd'. ..... vide the award dated 25.08.2011, the labour court, gurdaspur answered the references against the workmen and in favour of the respondents sailesh ranjan 2014.07.03 17:48 i attest to the accuracy and integrity of this document cwp no.22369 of 2011 & other connected cases -2- under the provisions of the industrial disputes act, 1947 (for short, the 'act'). ..... the claim was resisted by taking the plea that the case of the workman was covered by clause 2 (oo)(bb) of the act and that he was a contractual employee for a specific job and specific period and the wages were fixed by the local government, punjab. ..... the labour court took into consideration the statement of the workman and mw1, desh bandhu, sectional officer (m) municipal council and came to the conclusion that the post of the keyman was created by the director, local government, punjab and the regular appointment was not made by any competent authority. .....
Tag this Judgment!Court : Punjab and Haryana
..... the modification made was that the workman would be awarded 50% of the back wages instead of full back wages kumar pardeep 2014.07.07 11:09 i attest to the accuracy and integrity of this document punjab and haryana high court, chandigarh cwp no.21152 of 2011 -2- as already awarded by the labour court. ..... a perusal of the facts would go on to show that the services of the workman were terminated and he was directed to be reinstated vide award dated 21.10.1991 (annexure p/1) by the labour court, gurdaspur and he was held to be deemed in service from the season 1981-82 till reinstatement and also held entitled to all the benefits including pay and emoluments etc. ..... cwp no.21152 of 2011 -1- in the high court of punjab & haryana at chandigarh cwp no.21152 of 2011 date of decision:04.07.2014 batala co-operative sugar mill ltd. ..... accordingly, the impugned order dated 18.10.2011 (annexure p/7) is quashed with liberty to respondent-workman to approach the concerned labour court by filing an appropriate application under section 33-c(2) of the act. ..... in the considered opinion of this court, it would be appropriate since the amount has to be quantified interse the parties that the workman should file an appropriate application under section 33-c(2) of the industrial disputes act, 1947 (hereinafter referred to as the act . ..... 04.07.2014 (g.s.sandhawalia) pka judge kumar pardeep 2014.07.07 11:09 i attest to the accuracy and integrity of this document punjab and haryana high court, chandigarh .....
Tag this Judgment!Court : Punjab and Haryana
..... before exercising its judicial discretion, the labour court has to keep in view all relevant factors, including the kumar pardeep 2014.07.30 10:53 i attest to the accuracy and integrity of this document punjab and haryana high court, chandigarh cwp no.19866 of 2011 -3- mode and manner of appointment, nature of employment, length of service, the ground on which the termination has been set aside and the delay in raising the industrial dispute before grant of relief in an industrial dispute. . 5. ..... it is a matter of fact that appointment was not on regular basis, however, while terminating the service proper procedure under section 25-f of the act was not followed. ..... her services were dispensed with on 8.7.2001 and demand notice under section 2-a of the industrial disputes act, 1947 (hereinafter referred to as the act . ..... however, when it comes to the case of termination of a daily wage worker and where the termination is found illegal because of procedural defect, namely in violation of section 25-f of the industrial disputes act, this court is consistent in taking the view in such cases reinstatement with back wages is not automatic and instead the workman should be given monetary compensation which will meet the ends of justice. ..... there were violation of provisions of section 25-f of the act. .....
Tag this Judgment!Court : Delhi
..... in a subsequent om dated march 12, 2015 as well, the dopt has opined that the punjab and haryana high court as well as the supreme court has held that the judgment dated january 8, 2010 is only with respect to the state of uttar pradesh and is not applicable to the services under the central government. 16. ..... , in cwp 9773/2011 decided on august 17, 2011, wherein, the high court upheld the judgment of the central administrative tribunal, chandigarh bench, and held that a candidate belonging to reserved category, who has availed the concession of the age relaxation, cannot be permitted to consume the generalcategory seat. ..... no doubt in jitendra kumar singh and another, the supreme court was concerned with sub-section 6 of section 3 of 1994 act, which specifies, if a person belonging to any of the category mentioned in sub-section 1 i.e sc/st/obc can be selected on the basis of merit in an open competition with general candidates, he shall not be adjusted against the vacancy reserved for such category under sub-section 1. ..... the court went on to add that such relaxation cannot deprive a reserved category candidate of his right to be considered as a general category candidate on the basis of own merit in the competitive examination. 17. ..... to say that in an open competition, the candidate of reserved category, will compete only for the reserved post, would be a clear negation of rights of reserved category candidate guaranteed under article 16(4) of the constitution of india. .....
Tag this Judgment!Court : Supreme Court of India
..... the learned counsel for the state of punjab referring to the punjab civil services rules (for short, rules ), urged that the respondent was not eligible to hold the post. ..... during the course of tenure of his service, he had earned his promotions and while working as deputy director (land development), he was given the officiating charge of the post of joint director (rd), punjab, chandigarh with effect from 01.05.1993 vide letter dated 30.04.1993. ..... it is apt to note here that the stand of the state before the division bench was that the view of the learned single judge was correct inasmuch as the orders passed posting the appellant on officiating posts incorporated a condition that he would continue to draw his pay in the pay scale of deputy director, panchayat and no extra financial benefit would be given to him for the officiating charge. ..... state of punjab and another1 came to hold as follows: having thoughtfully considered the rival contentions, we find merit in the prayer of the appellant and are of the view that his case is squarely covered by the ratio of the judgment in pritam singh dhaliwal s case (supra). ..... he was conferred with the powers and functions of the director, panchayats under the punjab gram panchayat act, 1952. ..... dharam pal , civil appeal no.1549 of 2011, after referring to the authorities in smt. p. ..... 1 non-reportable in the supreme court of india civil appellate jurisdiction civil appeal no.1542 of 2011 the state of punjab appellant(s) b.k. .....
Tag this Judgment!Court : Punjab and Haryana
..... advocate general, punjab has argued that the submissions made on behalf of the appellant and the writ petitioner suffer from a patent mis-conception because according to the criteria marks have been allocated under the head 'aptitude for social service' which is different from rendering actual social service. ..... the forum is an appellate authority against the various dispute settlement authorities established by the punjab state electricity board at different levels for a period of five months. ..... moreover while working on various posts of superintending engineer, chief engineer and engineer-in-chief, respondent no.3 has acquired rich experience of dealing with the tenders and being appointing/ punishing authority dealing with cases of employees for grant of increment, fixation of pay and punishment etc. ..... therefore, we find that the learned state counsel is right in contending that marks have been rightly allocated under the head aptitude for social service and the argument advanced on behalf of the appellant suffers from basic mis-conception. ..... it has already come on record that respondent no.3 has worked with forum for redressal of consumer grievances under section 42(5) of electricity act, 2003 in his capacity as chief engineer. ..... 2044 of 2011 has also highlighted that the petitioner has degree of m.a., ll.b. ..... 2044 of 2011 as common question of facts and law is involved. ..... 2044 of 2011. ..... 17 of 2011 as well as cwp no. .....
Tag this Judgment!Court : Chennai
..... high court of judicature at bombay and others, 2011 (113) bomlr 3232 (which decision came to be confirmed by the apex court by dismissing the special leave to appeal filed by the candidate on 14.10.2011 in special leave to appeal (civil) no.27136 of 2011)), has held that in the recruitment of judges to judicial service, the recruiting authority acts as a custodian of public interest and the administration of justice cannot bear the burden of a judge whose conduct is not free ..... offence and the police in respect of the said fir on the very same day of filing of fir, namely on 10.9.2007, has closed the same as "mistake of fact", the mere fact that it has taken four years because of the lethargic attitude of police in bringing to the court of the magistrate and serving the de facto complainant, cannot be put against the petitioner for the purpose of taking away the valuable right which has been conferred on him by g.o.ms.no.16, public (special.a) department, dated 5.1.2011, especially ..... state of punjab, (1974) 2 scc 831 a bench of this court consisting of seven judges, inter alia, held that the services of a probationer can be terminated when the authorities are satisfied regarding his inadequacy for the job, or unsuitability for temperamental or other reasons not involving moral turpitude, or when his conduct may result in dismissal or ..... punjab and others, (2006) 13 scc 581 relating to the applicability of article 311 of the constitution of india does not apply to the facts of the .....
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