Court : Punjab and Haryana
..... no.m-34853 of 2011 (o&m) 8 them; if the punishment provided for an offence in any act is only fine, the period of limitation fixed is six months; if the offence is punishable with imprisonment for a term not exceeding one year, the period of limitation prescribed is one year and if the offence is punishable with imprisonment for term exceeding one year but not exceeding three years.the period of limitation laid down is three years.and sub- section (3) spells out the rule of limitation in cases of joinder of charges; if a person ..... no.m-34853 of 2011 (o&m) date of decision: 20.09.2013 brij mohan and another ...petitioners versus state of punjab through the district drugs inspector, amritsar ...respondents coram : hon ble ms justice ritu bahri present: mr.anupam bhardwaj, advocate, for the petitioners.mr.daljit singh virk, aag, punjab. 1. ..... "the aforesaid view of the hon'ble supreme court has been followed by a co-ordinate bench of this court in m/s ganesh agro service centre, moga versus state of punjab, 2003 (1) rcr (criminal) 833. ..... in the present cae, the samples were taken on 03.04.2002 and the report of the government analyst, punjab, came on 17.06.2002. ..... no.m-34853 of 2011 (o&m) 1 in the high court of punjab and haryana at chandigarh crl. ..... after completing the necessary formalities, the samples were sealed and submitted in the office of government analyst, punjab, chandigarh. .....
Tag this Judgment!Court : Mumbai
..... has only the right of prosecution or defence in the manner prescribed for the time being by or for the court in which the case is pending and if by an act of parliament the mode of procedure is altered he has no other right than to proceed according to the altered mode. ..... section 1 thereof is entitled short title, extent and application and the act extends to the whole of india and it applies also to citizens of india outside india, to persons in service of the government wherever they may be, and to persons on ships and aircrafts registered in india wherever they ..... is stated that from a bare perusal of sections 6 to 10 (both inclusive) of the nia act, the union government has not sought to truncate or marginalize the services or the role or involvement or participation of the state governments and their respective functionaries, in any manner, in the investigation and prosecution of terrorist acts. ..... in order to provide for the employment, under the control of one police authority, of one police force within limits which are not conterminous with the limits of a local administration, the bill empowers the governor-general in council to create general police districts embracing parts of two or more provinces and to enroll for service therein a special police force under special police authorities, and it further authorizes the temporary employment of police officers in places beyond the presidency or general police district ..... (2) (2011) 14 scc 770 state of punjab v/s davinder pal .....
Tag this Judgment!Court : Punjab State Consumer Disputes Redressal Commission SCDRC Chandigarh
..... vs lajpat rai sharma and others , 2008(3) the punjab law reporter-455, while interpreting and explaining the scope of section 3(1) of the limitation act, observed as follows:- it is well settled that section 3(1) of the limitation act casts a duty upon the court to dismiss a suit or an appeal or an application, if made after the prescribed period, although, limitation is not set up as a defence . 7. ..... and others , 2011 (2) rcr civil-880 (sc), in which it was observed in para-26(relevant portion) after considering the entire case law on the point of delay, as under:- once a valuable right has accrued in favour of one party as a result of the failure of the other party to explain the delay by showing sufficient cause and its own conduct, it will be unreasonable to take away that right on the mere asking of the applicant, particularly when the delay is directly a result of negligence, default or inaction of that party. ..... 1344 of 2012 titled as m/s mahindera and mahindra financial services limited versus deepak kanojia , decided on 23.4.2013, dismissing the application in which there was delay of 50 days in filing the appeal by giving observation that even an in-corporate company has to be treated as private individual so far as the question of limitation is concerned and there is no special concession for the corporate companies. .....
Tag this Judgment!Court : Punjab and Haryana
..... 14:26 i attest to the accuracy and integrity of this document high court chandigarh cwp no.339 of 2011 6 that the petitioner had continuously worked on daily wages since july, 1992 and his services were dispensed with on 09.08.2004 apparently on account of the fact that he had asked for his rights by way of approaching the authority under the minimum wages act, 1948 and was successful, that the order of termination was passed as services were dispensed with without complying with the mandatory provisions of the act. ..... versus presiding officer, labour court, ludhiana and others 2007 (5) slr731has held that the provision of section 25 f of the industrial disputes act is not applicable in the case where the appointment of the workman was made on daily wages without any sanction from the concerned authority and as a back door entry and, accordingly, termination of his services is not illegal, thereby, placing reliance of judgments of the hon'ble supreme court in reserve bank of india versus gopinath sharma and another ..... the ratio of the aforementioned judgement was approved by the constitution bench in punjab land development and ..... punjab state warehousing corporation, 2010 (3) scc192 the award was in favour of the workman wherein, he had been given the benefit of reinstatement and 50% back wages, which had been set aside by this court and compensation ..... no.339 of 2011 1 in the high court of punjab and haryana at chandigarh cwp no.339 of 2011 date of ..... state of punjab (1991) 1 scc189and .....
Tag this Judgment!Court : Punjab and Haryana
..... uma devi (supra) and other decisions in which this court gupta shivani 2014.03.03 14:42 i attest to the accuracy and integrity of this document high court chandigarh cwp no.2863 of 2014 4 considered the right of casual, daily wage, temporary and ad hoc employees to be regularised/continued in service or paid salary in the regular time scale,appears to have unduly influenced the high court s approach in dealing with the appellant s challenge to the award of the labour court. ..... a person to whom the air force act, 1950, or the army act, 1950, or the navy act, 1957, is applicable or who is employed in the police service as an officer or other employee of a prison or who is employed mainly in managerial or administrative capacity or who is employed in a supervisory capacity and is drawing specified wages per mensem or exercises mainly managerial functions does not fall within the definition of the term workman .13. ..... municipal council, sanaur, 2011 (6) scc584held that the definition of the workman also does not make any distinction between full time and part time employee or a person appointed on contract basis and if the mandatory requirements of the act are violated, it would amount to retrenchement under the meaning of section 2(oo) of the act. ..... cwp no.2863 of 2014 1 in the high court of punjab and haryana at chandigarh cwp no.2863 of 2014 date of decision:24. ..... state of punjab (1976) 2 scc868p.g.i. ..... state of punjab (1991) 1 scc189and pramod jha v. .....
Tag this Judgment!Court : Punjab and Haryana
..... executive engineer, public health division no.1, panipat (haryana) 2010 (3) sailesh ranjan scc497 for the purposes of violation of section 25-f of the industrial disputes 2014.03.11 12:52 i attest to the accuracy and integrity of this document cwp no.11533 of 2011 (o & m) -3- act, 1947, has held that the mode of employment or the nature of job, being a daily wager or a temporary employee, is not to be taken into consideration. ..... keeping in view the fact that the petitioner has served consistently from the year 1989 till 14.07.2004, this court is of the opinion that it would be in the interest of justice that a sum of `2 lacs be paid to the legal representatives of the deceased-workman, to settle the issue and put an end to the controversy, in lieu of his 15 years of service.8. ..... cwp no.11533 of 2011 (o & m) -1- in the high court of punjab & haryana at chandigarh cwp no.11533 of 2011 (o & m) date of decision:04.03.2014 dhani ram (deceased) represented through his lrs ....petitioners versus the presiding officer, labour court, ambala & another ......respondents coram: hon'ble mr.justice g.s.sandhawalia present: mr.j.s.bedi, advocate, for the petitioners. ..... the petitioner-workman (now deceased and represented through his lrs) has laid challenge to the award dated 29.01.2010 (annexure p1), whereby a finding has been recorded that though the workman had worked for 240 days, but he could not claim any right of reinstatement and the claim of the workman was dismissed.2. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is vehemently contended by counsel for the appellant kumar dinesh 2014.04.25 15:17 i attest to the accuracy and integrity of this document high court,chandigarh lpa no.884 of 2013 --2-- that while passing dismissal order of the appellant, the provisions of section 16.2(1) of the punjab police rules, 1934 (in short the rules) were not properly appreciated by the punishing authority. ..... (oral) paramjit singh, the appellant who had been working as a constable in the respondent department of punjab police was dismissed from service vide order dated 04.07.2007(annexure p-3) for remaining absent from duty for a period of two months and more than thirteen days. ..... it is further said that while passing order of dismissal, regard shall be had to the length of service of the officer concerned to judge his claim for pension. ..... learned single judge has noted the detailed facts of the case and has rightly came to the conclusion that dismissal order was rightly passed against the appellant. ..... it was in light that the high court should have looked at the repeated acts of the respondent's absence from duty. ..... inspector general of police, ferozepur range, ferozepur cantt on 05.12.2007 (annexure p-5).by filing civil writ petition no.12523 of 2011 before this court, the appellant challenged the orders aforesaid. .....
Tag this Judgment!Court : Punjab and Haryana
..... effect from 16.8.2007 and was getting salary of ` 4503/- per month and his services were terminated on 9.3.2011 without complying with the mandatory provisions of the industrial disputes act, kumar pardeep 2014.05.27 10:59 i attest to the accuracy and integrity of this document punjab and haryana high court, chandigarh cwp no.610 of 2013(o&m) -2- **** 1947 (hereinafter referred to as the act .). ..... it is kumar pardeep 2014.05.27 10:59 i attest to the accuracy and integrity of this document punjab and haryana high court, chandigarh cwp no.610 of 2013(o&m) -3- **** submitted that even otherwise the documents which were exhibited before the labour court, perusal thereof would go on to show that the workmen were employees of m/s varsed services, a division of varsed detective & security (p) ltd ..... such circumstances, this court is of the opinion that service was not effected in a proper manner upon the petitioner-management and thus, the award was passed at its back. ..... 19.05.2014 (g.s.sandhawalia) pka judge kumar pardeep 2014.05.27 10:59 i attest to the accuracy and integrity of this document punjab and haryana high court, chandigarh cwp no.610 of 2013(o&m) -5- **** annexure 'a' sr.no.cwps no.parties name ..... hans raj (2005) 9 scc331 thus, the petitioner-management's only remedy was to approach kumar pardeep 2014.05.27 10:59 i attest to the accuracy and integrity of this document punjab and haryana high court, chandigarh cwp no.610 of 2013(o&m) -4- **** this court for setting aside exparte .....
Tag this Judgment!Court : Punjab and Haryana
..... challenge in the present writ petition is to the award dated 31.07.2013 (annexure p3) passed by the labour court, faridabad whereby, in an ex parte award, the respondent-workman has been held entitled for reinstatement along with continuity of service, as per terms and conditions of his service before termination with 20% of back wages, on the ground that the mandatory provisions of section 25-f of the industrial disputes act, 1947 (for short, the 'act') have not been complied with. 2. ..... he was removed from service on 26.04.2011, without complying with the mandatory provisions of the act and accordingly, a demand notice was served on 02.05.2011. ..... it was also noted that the practice of appointing persons for 89 days has been depreciated by this court in director, health & family welfare, punjab, chandigarh & others versus baljinder singh & another 2006 (109) flr366and accordingly, the reference was answered in favour of the workman, as noticed above. 3. ..... cwp no.12645 of 2014 -1- in the high court of punjab & haryana at chandigarh cwp no.12645 of 2014 date of decision:04.07.2014 district food & supplies controller, railway road, palwal (haryana) ....petitioner versus harveer ......respondent coram: hon'ble mr.justice g.s.sandhawalia present: mr.vinod s.bhardwaj, addl.a.g. .....
Tag this Judgment!Court : Punjab and Haryana
..... petitioner has filed this petition challenging the order dated 13.9.2011 (annexure p-5) and with a direction to the respondents to step up the pay of the petitioner at par with his juniors.learned counsel for the petitioner has submitted that petitioner joined the respondent-board as assistant lineman on 24.10.1972 and ..... to 9 were to be granted time bound promotional/devised promotional scale by taking into consideration the posts held by them i.e.lineman whereas in the case of petitioner, the time bound promotion/devised promotional scale was to be calculated by taking into consideration his post ..... the above mentioned finance circular, it is clearly mentioned that for granting the time bound promotion/devised promotional scale to each employe in any cadre, the prescribed period will be counted from the date of commencement of service on the lowest post, on which regular appointment has been made through direct recruitment in the ..... the said circular reads as under:- for granting the time bound promotional/devised promotional scale to each employee in any cadre, the prescribed period will be counted from the date of commencement of service on the lowest post on which regular appointment has been made through direct recruitment in the ..... writ petition no.1243 of 2012 -1- in the high court of punjab and haryana at chandigarh civil writ petition ..... punjab state power corporation ......respondents limited and others coram: hon'ble mrs.justice sabina present: mr.sharwan sehgal, advocate for the .....
Tag this Judgment!