Indian Penal Code, 1860, Section 287 -- Negligence - Death due to electrocution - Deceased an unskilled labour deployed for cleaning purposes received injuries by electric current - Accused being I, charge of shift was required to oversee deployment of skilled labour apart from fact that safety measures were not in place to avoid any accident - Onus is on accused as being..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of eviction petition - Amendment sought to substitute word `business' with `practice' - Word `business' is of wide import and essentially include expression `practice' as it is systematic and continuous activity by a person by the application of his labour and skill with a view to earn profit - Once that is the..........
Rent and eviction -- Sub-letting - Stranger engaged in the shop and paid 50% labour charges - It is either a case of partnership or sub-letting - Moreover such stranger not examined to substantiate the version that he was engaged by tenant as his worker - Tenant is liable to be evicted on the ground of sub letting...........
Labour -- Voluntary relinquishment of service - Back wages - Employee terminated from service only after the publication of advertisement in the newspaper requiring employee to report for duty, in which he failed to join - It is thus a case of voluntary relinquishment of service - Employee held not entitled to back wages for the entire period - However, having regard to..........
Service -- Termination - Workman worked for a period of 2 years and 3 months - Approached Labour Court after 13 years of his termination - Termination order found contrary to provisions of Industrial Disputes Act - Compensation granted in lieu of reinstatement without back wages.`..........
Minimum Wages Act, 1948, Section 2(h), 11, 25 -- Wages - Farm labour fall in schedule to Minimum Wages Act, 1948 for whom Minimum Wages are prescribed by Deputy Commissioner of District...........
Minimum Wages Act, 1948, Section 2(h), 11, 25 -- Unpaid Wages - No evidence was available with employer to prove that respondent was Siri and not labour engaged for work - In absence of solid evidence to independent contract, an inference can be drawn that there was a contract of service between the parties - No dispute that the petitioner allowed the respondent to enter..........
Industrial Disputes Act, 1947, Section 25F -- Daily wager - Termination - Labour Court declared termination illegal - Case was admitted with interim stay to continue, issued on 18.09.1997, which order are in operation till present - Stay has operated for last 21 years - No useful purpose would be served in lifting stay on award for reinstatement is concerned and instead it..........
Service -- Termination - Reinstatement - Employee had a right to opt for either civil or industrial adjudication against his termination order, but two jurisdictions could not be intermingled by borrowing industrial law principle and applying them to the case declaring the termination illegal and issuing a mandatory injunction to defendant to reinstate the plaintiff to..........
Industrial Disputes Act, 1947, Section 25F -- Termination - Contention of Management that Labour Court itself should have conducted enquiry by giving an opportunity to Management to defend its action on basis of misconduct imputed against workman for first time before Labour Court - No application or an averment in pleading or in written statement/statement of claim of..........
