Showing : 41-50 of 273 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Industrial Disputes Act, 1947, Section 25F-- Labour law - Termination of workman - Order of reinstatement with back wages - Validity - Tribunal-cum-labour Court on the basis of evidence adduced by parties and applying the law laid down in the case of Bangalore water supply, rightly held that appellant is an industry - Action of appellant in..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 31(1)-- Single transaction giving rise to more than one offence - Concurrent running of sentence - Where a single action of accused gives rise to more than one offence under different enactments i.e under IPC, Bonded Labour Act and Child Labour Prohibition Act, sentences in all the offences would run..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Labour Law -- Power of labour Court - Labour Court can award lesser punishment in lieu of discharge or dismissal - However, it is obligatory on it to record satisfaction that order of dismissal was not justified. (U.P. Industrial Disputes Act, 1947, S.6(2-A)..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Service -- Dismissal - Respondent/bus conductor carrying 25 passengers without ticket - Loss caused to Corporation cannot be marginalized - Motive of respondent from the act is inherent - Adequate punishment has to be imposed, as, such misconduct does not stand on a lesser footing than embezzlement or..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Service -- Dismissal - Personal gain - Respondent/bus conductor carrying 25 passengers without ticket - Conduct of respondent clearly shows factum of personal gain - Non-recovery of amount does not mean that there was no personal gain to respondent or concealing of corruption for personal gains by lodging a..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Service -- Misconduct - Termination - Slapping colleague - Not a premeditated attack - However, misconduct proved - Both Labour Court as well as High Court recorded concurrent findings of fact that misconduct of appellant was proved on the basis of evidence and that punishment of dismissal was shockingly..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Hindu law -- Joint family property - Partition - Two brothers of joint family carrying on business jointly by contributing labour - Presumption arises that properties acquired by contributing jointly from said business are joint family properties - No evidence to rebut the said presumption - Both brothers,..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 21-- Death sentence - Till execution of death sentence convict be treated with human dignity - Torture, humiliation, forced labour, etc. all infringe on human dignity - It is in this context many rights of accused derive from his dignity as a human being - These may include presumption that every..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Service -- Wrongful termination - Reinstatement with back wages - There was no, compliance of mandatory requirements as provided under U.P. Industrial Disputes Act by respondent-firm at the time of passing an order of termination against appellant-workman - Fact that appellant was gainfully employed during..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Service -- Judicial Review - Modification of award of Labour Court by High Court - If no pleading is made or evidence is led before Labour Court, matter cannot be raised before High Court and high Court should not entertain the same - High Court's jurisdiction is to examine the correctness of award passed by..........

Showing : 41-50 of 273 Results