Constitution of India, 1950, Article 235 -- Judicial service - Order of suspension - Power of High Court - Allegation of sexual harassment at work place - Power to suspend judicial Officer vests in High Court - Full Court of High Court is in no manner precluded from initiating disciplinary inquiry against petitioner and placing him under suspension on being satisfied that..........
Employees Provident Funds and Miscellaneous Provisions Act, 1952, Section 2(f) -- Employee - Definition of employee under 1952 Act is not identical to definition of employee as defined under Industrial Disputes Act - Issue regarding relationship of employer and employee for the purpose of applicability of 1952 Act, has to be decided independently de hors the proceedings..........
Service -- Termination - Ad hoc employee - Where an employee appointed on ad hoc basis and not on probation, such temporary appointment pending filing up vacancy on regular basis does not confer any right at par with candidate appointed on regular basis - Services of such an employee can be dispensed with on account of unsatisfactorily work during ad hoc period...........
Service -- Termination - Ad hoc employee - Service of employee terminated on account of unsatisfactorily work - Decision to arrive at unsatisfactory work is motive and not foundation of termination of service - Comments regarding unsatisfactory work is in relation to work and such comments cannot be made basis for setting aside termination of an ad hoc employee...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Right of residence claimed by wife - Entire case of wife is not to stay with husband but a residence for herself - Husband is a retired bank employee and getting monthly pension of Rs.14,000 - Keeping in view the financial status of husband, husband directed to pay Rs.17,50,000 to wife as one time permanent..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order on printed proforma - Blanks in printed proforma filled up by some Court employee and Magistrate thereafter just put his initial - It leads to conclusion that Magistrate has passed order in a mechanical manner without application of judicial mind - Summoning of an accused in a criminal..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Wife being permanent govt. employee living at a place other than the place where husband is living - It does not amount to neglect of her matrimonial obligations - Withdrawal of wife from the society of husband cannot be said to be intentional - Husband cannot be said to be a wronged party - Decree of..........
Central Civil Service (CCA) Rules, 1965 - - Pro-rata pension - Voluntary retirement - Employee who has completed minimum period of 15 years of service is entitled for pension as per Regul.28 - Respondent who completed 11 years of service in Bank, is not covered by Regul.28, thus, not entitled to pro-rata pension...........
Service -- Qualification - Termination - No allegation of any misrepresentation on part of employee - Documents submitted were duly scrutinized and was found eligible - Employee appeared for interview, his skill at caning was put to test, secured maximum marks - Expert who evaluated skill of candidates did not find employee lacking in any manner and recommended for..........
Employee's Provident Funds and Miscellaneous Provisions Act, 1952, Section 2(f) -- Employee - Women workers were directly engaged by Management in connection with work of Company, which was set up as a ready made garments industry - They were paid wages on per piece basis for services rendered - Merely because women workers were permitted to do work off site, would not..........
