Employees Service Regulations, 1964 -- Regulation 41 -- Suspension - Reinstatement - Period of absence - Pay and allowances for - Held, Regulation 41 clearly says that when an employee who has been dismissed and thereafter reinstated, authority competent to make order of reinstatement shall consider pay and allowances to be paid to employee for period of his absence from..........
Service -- Misconduct - Unauthorized absence from duty for six months - Termination of service - Doctrine of proportionality is well recognized concept of judicial review in our jurisprudence - A reasonable employer is expected to take into consideration measure, magnitude and degree of misconduct and all other relevant circumstances and exclude irrelevant matters before..........
Service -- Unauthorized absence from duty for six months - Termination of service - Employee admitted his guilt and explained reasons for his absence that he did not had any intention nor desired to disobey the order of higher authority or violate any of the rules of company and reason was purely personal and beyond his control - As a matter of fact he sent his resignation..........
Industrial Disputes Act, 1947, Section 2(oo), 25F -- Termination - Compensation in lieu of reinstatement - Plea of abandonment by the management not accepted - In the absence of any enquiry the order of termination for absence from duty without following the mandate of Section 25F of the ID Act held to be bad in law - From the date of termination till date two decades have..........
Constitution of India, 1950, Article 14, 16, 226, 227 -- Writ jurisdiction - Absence from duty - Termination - Regularization - Petitioner appointed as 'temporary Warder' for 89 days - Remained absent without submitting any leave application - Despite communication did not join duties and remained absent - Termination for unauthorized absence not interfered with - An..........
Civil Procedure Code, 1908, Order 22, Rule 2-B, Civil Procedure Code, 1908, Order 22, Rule 4(3) -- (As in P&H) - Death of defendant who was served and defending the suit - In case of his death, it is duty of his legal representatives to come on record themselves and in the absence of the same, the suit does not abate and decree passed is a valid decree...........
Service -- Departmental proceedings - Absence from duty after expiry of sanctioned leave - Employee has to satisfy the management that he has not taken up any other employment or avocation and that he had no intention of not joining his duties - In case of an absent employee notice was required to be served by registered post with acknowledgment due - No evidence that..........
Industrial Disputes Act, 1947, Section 2(oo) , 25F , 11A -- Termination - Absence from duty - Submission made by respondent with regard to the workman participating in strike, his absence from duty and indulging in Trade Union activities held to be of no consequence as the ground on the which termination order based is absence from duty - Subsequent ground taken by..........
Criminal Procedure Code, 1973, Section 354 -- Pronouncement of judgment - Presence of accused - Duty of court - Held, while it would have been ideal for Magistrate to adjourn pronouncement of judgment to a future date and to secure presence of appellant by causing a warrant to be issued against him, appellant's absence is not a very serious infraction, particularly since..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Principles governing - Analysed - Fixation of market value equivalent with reference to contemporaneous sale transaction is valid - When owner himself has purchased the land few years earlier to the notification u/s 4 of the Act, then consideration mentioned in the sale deed forms..........
