Service -- Termination - Misconduct - Employee being bus driver appointed by Corporation was terminated after found guilty of misconduct in rashly and negligently driving the bus of Corporation resulting death of two passengers while several others suffered injuries - MACT categorically held that accident took place because of negligence of lorry driver - Corporation did..........
Service -- Regularisation - Labour Court directed that employee should be classified as permanent employee - However, respondents in their appeal stated that employee cannot be regularized in the absence of a sanctioned post - Even if no post was available, employee was required to be placed in a supernumerary post till such time a sanctioned post became available where he..........
Constitution of India, 1950, Article 226 -- Writ petition - Factual findings of Labour Court normally should not be disturbed by a Writ Court without compelling reason...........
Land loser -- Grant of employment - Termination - Appellant given employment as son-in-law of land loser under the prevalent scheme intended for land loser's family member - However, on account of estrangement between appellant and his wife and divorce proceeding initiated by appellant, his father-in-law/land loser made complaints, which led to issuance of charge memo with..........
Service -- Reinstatement - Employee was relieved from duty and was paid one month salary in lieu of notice as per rules of company - Without any objection employee accepted the cheque and encashed the same - There is thus, no violation of procedure on the part of management in terminating the services of employee - Since the employee is not a workman u/s 2(s) of..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to parents - Parents/respondents are living separately from the son/petitioner - Mother is employed and father is doing some labour work - Son on the other hand is a engineer and earning Rs.28,500 p.m - It is legal duty of son to support his parents who are unable to maintain themselves - Family Court..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Dispute between employer and employee - Relief claimed by plaintiff covered under Industrial Dispute Act - Civil Court has no jurisdiction to adjudicate said dispute and plaintiff was required to file appropriate proceedings before Labour Court under appropriate provisions...........
Industrial Disputes Act, 1947, Section 2(s) -- Workman - Respondent performed a supervisory role over the managers and was Assessing Manager of his team, which consisted of Managers - Duties performed by respondent do not entail him being placed under the cover of S.2(s) of the Act - He is thus, not declared as workman under the Act and thus, reference to labour Court..........
Employee's Compensation Act, 1923, Section 4 -- Accident - Permanent disability - Compensation - Appellant was a loading and unloading labourer at the time of accident - She was unfit for labour inasmuch as there was complete loss of grip in appellant's left hand - No material on record that appellant was skilled to perform any kind of job by use of one hand - Board had..........
Workmen's Compensation Act, 1923, Section 20, 3 -- Jurisdiction of Court - Claim petition was lodged before Deputy Labour Commissioner - However, claim was not contested - Thus, claim lodged by claimants seeking compensation would not partake the character of a contested claim as stipulated under notification issued by appropriate Government u/s 20(1), (2) of the Act -..........
