Constitution of India, 1950, Article 226 -- Writ jurisdiction - Delay and laches - Pay parity - Writ petition filed after 17 years - They did not claim parity with the 17 workmen at the earliest possible opportunity - They did not implead themselves as parties even in the reference made by the State before the Industrial Tribunal - Discretionary jurisdiction may not be..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Disciplinary proceedings - The role of the High Court while exercising its jurisdiction under Article 226 is a supervisory one and not an appellate one - The Court would not be justified in reappreciating the evidence adduced in a disciplinary proceeding, to alter the findings arrived at by the Enquiry..........
Constitution of India, 1950, Article 14 , 16 -- Regularization - Daily wager - Appointment made without following due process or the rules of appointment - It does not confer any right on the appointees - Directions ought not to be issued for their absorption, regularization, re - engagement or for making them permanent...........
Constitution of India, 1950, Article 4 , 16 , 39(d) -- Daily wager - Equal pay for equal work - The petitioner a was daily wager Beldar has not gone through process of recruitment to the post of LDC - Cannot lay claim to the principle of equal pay for equal work merely because as a work charged Beldar he was assigned duties of an LDC by the respondent management...........
Civil Procedure Code, 1908, Section 115, Constitution of India, 1950, Article 227 -- Maintainability of revision - Suit for permanent injunction - Dismissed - Challenge to the observations made in one of the issues - Issue decided against plaintiff - Revision challanging said observation/ discussion not maintainable...........
Constitution of India, 1950, Article 226, 227, State Financial Corporations Act, 1951, Section 29, 31, Civil Procedure Code, 1908, Section 10 -- Stay of proceedings u/s 31 of the SFC Act - Writ petition by company challenging sale of unit u/s 29 by the Financial Corporation - Financial Corporation sought intervention of District Court u/s 31 for determination of amount due..........
Constitution of India, 1950, Article 243K, Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, Section 12, Maharashtra Zilla Parishad and Panchayat Samitis (Manner and Rotation of Reservation of Seats) Rules, 1996, Rule 4 -- General elections to Zilla Panchayat - Rotation policy - State Election Commission shall, in exercise of its powers conferred by Art.243K of..........
Constitution of India, 1950, Article 226, 227, Punjab Panchayati Raj Act, 1994, Section 92, 216 -- Writ Petiton, maintainability of - Alternative remedy - Sarpanch spent extra money - Caused financial loss to Gram Panchayat - Order of DDPO directing Sarpanch to deposit the amount in account of Panchayat, failing which the same to be recovered as land revenue - Writ..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190, 178, Constitution of India, 1950, Article 227 -- Dishonour of cheque - Cause of action arose within State of Kerala but complaint filed in a Court outside the State of Kerala - Kerala High Court is not competent to quash the complaint or interfere with the proceedings before a..........
Civil Procedure Code, 1908, Section 115, Constitution of India, 1950, Article 227 -- A petition filed u/s 115 CPC can be treated to be one under Article 227 of the Constitution of India...........
