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Home Dictionary Name: british works Page: 2Gratuity
Gratuity, it is a kind of retirement benefit like the provident fund or pension. At one time it was treated as payment gratuitously made by the employer to his employee at his pleasure but as a result of a long series of decisions of industrial tribunals gratuity has now come to be regarded as a legitimate claim which workmen can make and which, in a proper case, can give rise to an industrial dispute. Gratuity paid to workmen is intended to help them after retirement, whether the retirement is the result of the rules superannuation or of physical disability, Indian Hume Pipe Co. Ltd. v. Workmen, AIR 1960 SC 251: (1960) 2 SCR 32.Gratuity is a retiral benefit and can be earned as a matter of right on fulfilling the conditions subject to which it is earned, any rule conferring absolute discretion not testable on reason, justice or fair play must be treated as utterly arbitrary and unreason-able and discarded, Sudhir Chandra Sarkar v. Tata Iron and Steel Co. Ltd., AIR 1984 SC 1064 (1071):...
Leave
Leave, having regard to the language of Rule 123 doubtless the word 'leave' has been used as a verb and not as a noun. Taking the word in its ordinary parlance if used as a verb it clearly connotes that the candidate should have given up the job or quitted the service or severed all connections with the post that he was holding. If the word 'leave' would have been used as a noun in the sense of obtaining leave or furlough then the concept of permission would undoubtedly have to be considered. In Black's Law Dictionary, Revised Fourth Edition at p. 1036 the author referring the case of Landreth v. Casey, 340 III 519; 173 NE 84 (85) observes as follows: 'Wilful departure with intent to remain away, and not temporary absence with intention of returning.' To the same effect is the definition of the word 'leave' when used as a verb in Webster's New International Dictionary at p. 1287 where it has been defined as meaning 'desert, abandon, forsake, to give up the practice, to quit service and...
Natural justice
Natural justice, the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words they supplant the rules of natural justice which are not embodied rules. What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the law under which the enquiry is held and the constitution of the Tribunal pointed for the purpose, A.K. Kraipak v. Union of India, AIR 1970 SC 150: (1969) 2 SCC 262.Historically, 'natural justice' has been used in a way 'which implies the existence of moral principles of self-evidence and unarguable truth'. In course of time, judges nurtured in the traditions of British jurisprudence, often involved it in conjunction with a reference to 'equity and good conscience'. Legal experts of earlier generations did not draw any distinctio...
Quota
Quota, the proportion of a contribution. See, e.g., (English) Militia Act, 1882, s. 37; (English) Land Tax Act, 1797, s. 2.Under the (English) Cinematograph Films Act, 1927 (17 & 18 Geo. 5, c. 29), the proportion in length of British films which renters and exhibitors respectively are obliged to include in any one year up to the end of March, 1938, for renting or exhibiting films in that year. In 1937 and 1938 the proportion in either case is 20 per cent. in coal mines, district schemes under Coal Mines Act, 1930 (20 & 21 Geo. 5, c. 34), as amended, e.g., by S. R. & O., 1934, Nos. 677 and 766; and 1935, Nos. 696 and 697; the proportion of the standard tonnage which each of the coal mines in the district is to be allowed to produce under the scheme as provided by s. 3, ibid.; and see the (English) Wheat Act, 1932 (22 & 23 Geo. 5,c. 24), s. 3, as to quota payments.Quota attaches to the owner of a business at the point of time the quota is granted. It is the business at the relevant time ...
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