Railway Servant - Law Dictionary Search Results
Home Dictionary Name: railway servantRailway servant
Railway servant, Acts has to be construed as a reference to corresponding provision of the re-enacted Act. It may be recalled that any reference in such cases to the provisions of the repealed, Ram Prosad Ramnarain v. Bejoy Kumar Sadhukhan, AIR 1966 Cal 488.Means any person employed by the Central Government or by a railway administration in connection with the service of a railway. [Railways Act, 1989, s. 2 (34)]...
Trade Union
Trade Union. The Acts 30 & 31 Vict. cc. 8, 74, provided for facilitating the proceedings of a commission appointed by Queen Victoria to inquire into and report on the organization and rules of trade unions, and other associations of employers and workmen. The (English) Trade Union Act, 1871 (34 & 35 Vict. c. 31), provides:-S. 2. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.'S. 3. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.'S. 4. 'Nothing in this Act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for breach of any of the following agreements, namely,(1) Any agreement between members of a trade union as su...
Passenger
Passenger, 'passenger' any person on a railway in any description or class of traveling train or carriage on payment of his fare, whether at full rates or at concessional rates. Railway Passengers Fare Act, 1971, s.2(b) trespasser or person traveling without ticket or pass or authority in not a passenger, Sundari v. Union of India, AIR 1984 All 277 (278).Means a person travelling with a valid pass or ticket. [Railways Act, 1989 (24 of 1989), s. 2(29)]A Railway servant on duty is not a passenger, AIR 1988 Pat 130 (132).Passenger, is a person whom a common carrier has contracted to carry from one place to another, Sundari v. Union of India, AIR 1984 All 277.Means a person whom a common carrier has contracted to carry from one place to another, Black's Law Dictionary.Means a traveller in or on a public or private conveyance other than the driver, pilot crew, etc., New India Assurance Co. Ltd. v. Annakutty, AIR 1993 Ker 299: (1993) ILR 1 Ker 850: (1993) 1 ACC 684: (1992) 2 Ker LJ 858: (199...
In the discharge of duty
In the discharge of duty, s. 121 of the Railways Act, 1890 states: If a person willfully obstructs or impedes any railway servant in the discharge of his duty, he shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. The expression 'in the discharge of his duty' is not equivalent to the expression' when on duty', Shyam Lal v. State of U.P., AIR 1963 SC 1511 (1514): (1964) 2 SCR 61. [Railways Act, 1890, s. 121]...
Sufficiency of evidence
Sufficiency of evidence, postulates existence of some evidence which links the charged officer with the misconduct alleged against him. Evidence, however, voluminous it may be, which is neither relevant in abroad sense nor establishes any nexus between the alleged misconduct and the charged officer, is no evidence in law. The mere fact that the enquiry officer has noted in his report, 'in view of oral, documentary and circumstantial evidence as adduced in the enquiry', would not in principle satisfy the rule of sufficiently of evidence, Sher Bahadur v. Union of India, AIR 2002 SC 3030 (3031): (2002) 7 SCC 142. [Railway Services (Conduct) Rules, 1966, R. 3(1)(i)(ii) & (iii) Railway Servants (D&A) Rules, 1968 R. 6(vii) to (ix)]...
Temporary assistant officers
Temporary assistant officers, the expression 'Temporary Assistant Officers', which was not previously defined in the Railway Establishment Code, was sought to be defined by new clause 17 of Rule 102 to mean a 'a gazetted railway servant drawing pay on the scale applicable to junior scale officers but not classified either as Class I or as Class II Officer'. The expression Assistant Officer was redefined so as not to include a Temporary Assistant Officer who was not 'classified either as Class I or as Class II', Katyani Dayal v. Union of India, (1980) 3 SCC 245: (1980) 3 SCR 139....
Railway
Railway. A road owned by a private person or public company on which carriages run over iron rails; if the road is a public highway, that part of it on which the rails are laid is called a tramway. Every railway in this country (except a few private railways running through land owned by the owner of the railway) is constructed and managed (1) under a local and personal Act of Parliament; and (2) under the Companies Clauses, Lands Clauses, and Railways Clauses Consolidation Acts; and (3) under the general Acts relating to railways. The (English) Railway Act, 1921, provides for the reorganization of almost all the railways in England.Railway Companies as Carriers, The powers of railway companies as carriers are given by the 86th section of the Railways Clauses Consolidation Act, 1845, and controlled by the (English) Railway and Canal Traffic Acts of 1854, 1873, and 1888. The (English) Act of 1845, s. 86, enacts that:-It shall be lawful for the company [authorized (see s. 3) by the speci...
Master and servant
Master and servant, a relation whereby a person calls in the assistance of others, where his own skill and labour are not sufficient to carry out his own business or purpose. See LABOURERS.Servants are of several descriptions:- 1st Servants in husbandry. These are very generally hired by the year, as from Michaelmas to Michaelmas, and this is an entire hiring for a year; and, unless otherwise stipulated, no wages are payable until the end of the year. Consult Burn's Justice, tit. 'Servants.'2nd Servants in particular trades. These (who are now more frequently termed 'workmen,' their masters being termed 'employers') are subject to the control of the magistrates under the (English) Employers and Workmen Act, 1875 (38 & 39 Vict. c. 90), and by the Truck Acts (see that title) their wages must be paid in coin.3rd Apprentices. These are placed with the master to learn his trade, with a view hereafter of following it themselves. See APPRENTICE.4th Menial or domestic servants. If no terms be ...
Public servant
Public servant, has the same meaning as in s. 21 of the Indian Penal Code. [Arms Act, 1959 (54 of 1959), s. 2(1)(j)]Public servant has the same meaning as in s. 21 of the Indian Penal Code. [Wealth-tax Act, 1957 (27 of 1957), s. 2]Public servant shall have the meaning assigned to it in s. 21 of the Indian Penal Code. [Protection of Human Rights Act, 1993 (10 of 1994), s. 2 ]The chairman of the managing committee of a muni-cipality is a 'public servant' within the meaning of the s. 2; Maharudrappa Danappa Kesarappanavar v. State of Mysore, AIR 1961 SC 785: (1962) 1 SCR 129.(ii) The Minister is a 'public servant'. In accordance with the instructions issued by the Government he was to preside over the meetings of the Advisory Committee. He was doing so as a Minister andin execution and discharge of his duty as such public servant, Dattatraya Narayan Patil v. State of Maharashtra, AIR 1975 SC 1685: (1976) 1 SCC 11: (1975) Supp SCR 145.(iii) For the purposes of this Act, 'public servant' me...
Consider
Consider, The word 'consider' merely connotes that there should be active application of the mind by the disciplinary authority after considering the entire circumstances of the case in order to decide the nature and extent of the penalty to be imposed on the delinquent employee on his conviction on a criminal charge. This matter can be objectively determined only if the delinquent employee is heard and is given a chance to satisfy the authority regarding the final orders that may be passed by the said authority. In other words, the term 'consider' postulates consideration of all the aspects, the pros and cons of the matter after hearing the aggrieved person, Divisional Personnel Officer v. T.R. Challappan, (1976) 3 SCC 190: AIR 1975 SC 2216 (2224): (1976) 1 SCR 783. [Railway Servants (D&A) Rules, 1968, R. 14(1)]...
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