Industrial Disputes Act, 1947, Section 9A -- Conditions of service - Change of - Refusal to carry out instructions requiring workmen to do additional work beyond shift hours clearly tantamount to changing conditions of service of workmen which is impermissible without complying with requirements of S.9-A of Industrial Disputes Act...........
Service -- Termination - Re-instatement with full back wages - Held, ordinary principle of grant of re-instatement with full back wages when termination is found to be illegal is not applied mechanically in all cases - While that may be a position where services of a regular/permanent workman are terminated illegally and/or mala fide and/or by way of victimization, unfair..........
Land Acquisition Act, 1894, Section 4 -- Land acquisition - To develop Industrial Estate - Appellant Company itself running an industry on the date of notification which is similar to the public purpose for which land is acquired - Moreover, even if the Govt. or the authority concerned excludes the land of appellant-Copany there would not be any difficulty in executing the..........
Land Acquisition Act, 1894, Section 18 -- Land acquisition - Compensation - Land acquired for industrial development - Potentiality of acquired land should be taken into consideration - Criteria to be followed should be its existing condition with all its existing advantages and its potential possibility when let out in its most advantageous manner i.e. the existing..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Industrial dispute - Held, civil Court may have a limited jurisdiction in service matters but it cannot be said to have no jurisdiction at all to entertain a suit - It is trite law that where right is claimed by plaintiff in terms of common law or under a statute other than one which is created a new..........
Civil Procedure Code, 1908, Section 10 -- Provision of S.10 of the Code is not applicable where the suits are pending in different forums other than the Civil Court or where one of the suit is pending before a different forum may be a Court otherwise or having the trappings of the Court e.g. proceedings pending in different forum such as District Consumer Redressal Forum,..........
Constitution of India, 1950, Article 226 -- Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, S.4 & 5 - Allotment of industrial plot - Cancellation of - Eviction proceedings - Validity - Allotment of petitioner was cancelled way back on 07.01.2003 - Petitioner did not challenge that order before any forum - Said order have attained finality - Held, no..........
Negotiable Instruments Act, 1881, Section 138, 141, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22, 22A -- Dishonour of cheque - Offence by company - Marking of reference to BIFR u/s 15(1) of 1986, Act - Not a ground to discharge accused - As per S.22 of 1986, Act, there is no bar to institute complaint against company u/s 138 of 1881 Act - When no..........
Industrial Disputes Act, 1947, Section 25F -- Provision of S.25 - F of the Industrial Disputes Act is applicable to a daily rated worker...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Amputation of left leg below knee and right foot suffering 86% permanent disability - Claimant aged 30 years and was an industrial working and earning Rs.1,500/- p.m. - Compensation assessed : (i) As claimant suffered 86% permanent disability, the future earning may be computed at 14% less and accordingly..........
