Service -- Misconduct - Reinstatement with 50% back wages - Award of Labour Court - Validity - Labour Court failed to decide validity and legality of domestic enquiry as preliminary issue - It called upon parties to lead evidence on all issues including charge of misconduct in first instance itself - Further, Labour Court proceeded to examine the findings of Enquiry..........
All India Services (Discipline and Appeal) Rules, 1969, Rule 3(2) -- Suspension - Respondent being a member of Police Service charged u/ss 3, 4 of Prize Chits and Money Circulation Scheme and S.420 IPC - He has been under suspension for more than 6 years - Bail was granted to respondent and there is no case that he attempted to tamper the evidence - Moreover, suspension..........
Defence Service -- Dismissal - Re-instatement by Tribunal - Validity - Charge of overstaying the casual leave - Respondent overstayed beyond causal leave period for around 1-1/2 years without informing either his superiors or nearest military station as to his whereabouts - Though respondent was charged for the first time, but it is a serious misconduct on the part of..........
Industrial Disputes Act, 1947, Section 11A -- Reinstatement - Petitioner fairly implemented interim order of court to extent of reinstating workman - Workman worked for about one month and abandoned services - Workman had shown that he is not interested in discharging duties of post held by him with petitioner - Workman not entitled for 50% back wages and cost as awarded..........
Service -- Back wages - Delay of 5 year - Workmen not entitled for back wages - Workmen entitled only to extent of reinstatement with continuity of service...........
Service -- Reinstatement with back wages - Forging caste certificate for procuring employment - Caste certificate cancelled by State Level Scrutiny Committee which attained finality as it was not set aside by any Court - Order of reinstatement with back wages as held by Tribunal and affirmed by High Court set aside...........
Service -- Termination - Workman worked for a period of 2 years and 3 months - Approached Labour Court after 13 years of his termination - Termination order found contrary to provisions of Industrial Disputes Act - Compensation granted in lieu of reinstatement without back wages.`..........
Industrial Disputes Act, 1947, Section 25F -- Daily wager - Termination - Labour Court declared termination illegal - Case was admitted with interim stay to continue, issued on 18.09.1997, which order are in operation till present - Stay has operated for last 21 years - No useful purpose would be served in lifting stay on award for reinstatement is concerned and instead it..........
Service -- Termination - Reinstatement - Additional Distrcit Judge decreed suit against termination of employee by applying principles of Industrial Disputes Act, 1947, in civil proceedings which the civil court has no jurisdiction to appy in suit...........
Service -- Termination - Reinstatement - Employee had a right to opt for either civil or industrial adjudication against his termination order, but two jurisdictions could not be intermingled by borrowing industrial law principle and applying them to the case declaring the termination illegal and issuing a mandatory injunction to defendant to reinstate the plaintiff to..........
