Workmen, Section 4A(3)(a) -- Compensation - Default in payment compensation under the Act - Where employer commits default in paying compensation due under the Act within one month from the date it fell due, Commissioner shall direct the employer to pay simple interest thereon @ 12 p.a and penalty not exceeding 50% of the amount of compensation - Having regard to the..........
Service -- Denial of benefit of promotion - Respondent employee in lowest grade of Group D, claimed promotion on ground that he had a longer service in group D - Respondent also challenged promotion of two other employees of highest grade of Group D - As per para 180 of Manual seniority lists are to be prepared on basis of length of continuous service in different grades..........
Service -- Suspension - Extension of period - Currency of suspension order should not extend beyond three months if within this period the Memorandum of Charges/Chargesheet is not served on the delinquent officer/employee - If the Memorandum of Charges/Charge sheet is served a reasoned order must be passed for extension of suspension...........
Electricity Act, 2003, Section 125, 62 -- Determination of tariff - Disallowance of employee cost - Appeal against order of Appellate Tribunal - Appellate Tribunal arriving at conclusion on consideration of relevant facts - No interference called for while exercising limited jurisdiction of Court u/s.125 of the Act...........
Service -- Departmental enquiry - Representation by legal practitioner - If any person who is or was a legal practitioner, including a retired Hon'ble Judge is appointed as Inquiry Officer in an inquiry initiated against an employee, denial of assistance of legal practitioner to charged employee would be unfair...........
Service -- Departmental enquiry - It is always open for competent authority to initiate departmental proceeding against its employee with regard to any misconduct or dereliction of duty if found during performance of duty while posted in the office or on deputation...........
Service -- Departmental enquiry - Violation of rules of natural justice - Request for supply of documents towards submitting an effective reply but same not supplied - Employee also sought aid of a lawyer but it was also denied - Nothing on record to suggest that any list of witnesses or list of documentary evidence was supplied to the appellant or to the Inquiry officer..........
Indian Penal Code, 1860, Section 381, Post Office Act, 1898, Section 52, Criminal Procedure Code, 1973, Section 31 -- Theft by post-office employee - Imposition of sentence for offences under IPC as well as Post office Act at one trial - Directions issued to run both the sentences `concurrently'...........
Army Act, 1950, Section 22 -- Termination - Due to injury sustained in an accident result in low medical category - Petitioner grievance is that he was deprived of serving army due to per-se illegal action of department and had no other means of sustenance during period when he was out of service - Held, denial of back wages to an employee who has suffered due to illegal..........
Constitution of India, 1950, Article 226, 227 -- Writ jurisdiction - mandamus - Claim for appointment on priority basis against new posts by granting relaxation in age - According to circular, priority was to be given to surplus employees for their absorption was not restricted to class IV employee only - Held, even if petitioner may not be entitled for absorption, he..........
