Service -- Dismissal from service - Submission of forged certificate for claiming additional monetary benefits - Tribunal on the basis of evidence, found that employee was fully aware of the fact that document was a forged one - Employee dismissed from her services by Disciplinary Authority - Punishment was upheld by Appellate Authority and Tribunal - High Court committed..........
Service -- Dismissal from service - Modification of punishment on the ground of disproportionality - Employee being fully aware of the fact that document is forged one, claiming monetary benefits on that basis - Having regard to the conduct of employee, plea as to modification of punishment on the ground of disproportionality not tenable...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Claimant failed to prove that he was an employee of respondent - Claimant did not summon his employer but chose to take that chance probably he would not have supported him - Onus was heavy upon claimant and he was to prove that owner was employer - Since claimant had failed to prove his employment, it..........
Employee's Compensation Act, 1923, Section 3, 30 -- Compensation - No explosion had taken place in premises stands falsified by sufficient material having been brought on record in form of treatment chart with hospital - Employee was injured at workshop which is address of appellant - Admission on same day and said fact has been noticed that amputation was done after two..........
Employee's Compensation Act, 1923, Section 3, 30 -- Compensation - Sufficient material has been brought on record to show that accident occurred as it had been put forth with claim application - Argument raised that issues had not been dealt with individually, is not liable to be accepted keeping in veiw that Commissioner has exercised its power under Act - Strict..........
Employee's Compensation Act, 1923, Section 3, 30 -- Compensation - Respondent who was owner of vehicle admitted factum of accident as well as employment of deceased and that vehicle was insured under policy, which was valid - Thus stand of insurance company that there was no relationship of employer-employee in view of fact that there is no denial by employer is not..........
Employee's Compensation Act, 1923, Section 3, 30 -- Compensation - Admission of employer, finding has been record that deceased died in road side accident and since he was going to take water for truck - Thus, it was arising out of and in course of employment and resultantly there is no reason to disbelieve oral as well as documentary evidence led by claimants...........
Arbitration and Conciliation Act, 1996, Section 12 -- Appointment of arbitrator - Amended provision puts an embargo on a person to act as an arbitrator, who is employee of party to dispute - It also deprives a person to act as an arbitrator if he had been consultant or advisor or had any past or present business relationship with party in dispute...........
Employee's Compensation Act, 1923, Section 3, 30 -- Compensation - Whether driver who is sitting in vehicle but not driving and suffers injuries would not be considered entitled to benefits of Act, since accident did not arise out of and during course of employment - Merely because at time of accident he was not on the wheel as such would not mean that he was not present..........
Service -- ACR (Annual Confidential Report) - Forms part of service record - Employee cannot be prejudiced merely because his superior officers delayed writing it...........
