Constitution of India, 1950, Article 226,227, Industrial Disputes Act, 1947, Section 33C(2) -- Industrial - Writ jurisdiction - Issue regarding the calculation cannot be said to be an issue of law - It was a issue of fact - Necessary to raise the said issue by petitioner before the Labour Court if it wanted to dispute the calculation done by the respondent - Having not..........
Constitution of India, 1950, Article 226, Industrial Disputes Act, 1947, Section 11A -- Industrial - New Plea - Petitioner did not allege before the labour court that principal of natural justice not followed and inquiry was defective or conducted in breach of rule - In absence of such pleadings tribunal is not bound to decide the question suo moto as a preliminary issue -..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Residential accommodation by virtue by employment - License co-terminus with tenure of employment of the Licensor firm - Termination of service - Employee has no right to continue - Contention of employee that he is not liable to vacate the premises till final outcome of the decision of Labour Court - Not tenable - Employee..........
Punjab Land Revenue Rules, 1908, Rule 15 -- Lambardar, appointment of - Wrong grounds for ignoring claim of one candidate against the other - Collector concluded that JS had embezzled Society funds while Labour Court duly exonerated him - Commissioner found that SS misbehaved with Bank employees - No specific duly proved serious allegation of misbehaviour or..........
Service -- Absence from duty - Certified Standing Orders of Company that if a workman absents himself for ten consecutive working days without leave, shall be deemed to have left the firm's service without notice, thereby terminating his service - Absence without leave - Workman asked to report - Non compliance - Service terminated - Workman informing management that he..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Award of Labour Court - Findings of fact - Interference by High Court - If there is a patent error of facts, which can be demonstrated to the hilt before Writ Court, there is no embargo as such that even such error cannot be corrected by the High Court...........
Industrial Disputes Act, 1947, Section 10 -- Termination - Adverse inference - Plea of department that workman not completed 240 days in twelve calender months preceding date of termination - Non production of documentary evidence before Labour Court which was in possession of the State alone - Adverse inference rightly drawn against the Management...........
Indian Penal Code, 1860, Section 406, 420 -- Acquittal in a theft case - Non payment of terminal benefits on termination of service - Constitutes labour dispute and not a criminal offence u/s 406 & 420 IPC...........
Child Labour (Prohibition and Regulation) Act, 1986, Section 2(ii), 14(1) -- Child employment - 'Child' means a person who has not completed 14 years of age - Prosecution failed to prove age of child - Burden to prove negative fact cannot be shifted on accused - Conviction and sentence set aside...........
Housing -- Deficiency in service - Compensation - Booking of flat in 1996 and possession was agreed to be given by December,1997 - Complainant deposited an amount of Rs. 8,61,872 by December, 1996 - Possession not given till 1999 as the structure left semi finished - Direction to refund the amount with 12% interest holding deficiency in service - In the alternative..........
