Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of notional income of victim - Victim was 5 years old at the time of accident - Minimum wages payable to skilled workman in the concerned year is to the tune of Rs.3708 - Minimum wages as on the date of accident is thus, rounded off to Rs.3700 - Compensation therefore, is to be assessed on the..........
Service -- Reinstatement with back wages - If the employee is not at all at fault and he is kept out of work by reasons of decision taken by employer, question relating to alternative employment that employee may have resorted to becomes relevant - However, there is also the aspect of discretion which is exercised by Court keeping in view the facts of each case...........
Service -- Reinstatement with 50% back wages - Denial of full back wages - Appellant dismissed from services on the report of Tahasildar for submitting false caste certificate - However, it was found that Tahasildar was incompetent to give such an opinion - Competent authority has cleared appellant and she was completely blameless in the matter - Appellant was kept out of..........
Service -- Termination - Second writ petition - Res judicata - Earlier writ petition against order of termination was dismissed and order of termination upheld and dispute attained finality - High Court ought not to have entertained second round of proceedings instituted nearly 15 years after the challenge to order of termination attained finality by dismissal of writ..........
Service -- Dismissal - Misconduct - Respondent was driving the vehicle in such a great speed and rashly due to which accident occurred in which four persons died - Misconduct in disciplinary proceedings established and proved - Punishment of dismissal challenged solely on the ground that same is shockingly disproportionate - However, punishment cannot be said to be..........
Service -- Dismissal - Theft of non-judicial stamp papers - Dispensing with enquiry - Dismissal order does not indicate any reason for dispensing with inquiry - When the Rules applicable mandates recording of reasons, very order should disclose the reasons for dispensing with the inquiry - There appears no valid reason to dispense with inquiry and to invoke R.161 of Rules..........
Industrial Disputes Act, 1947, Section 25F -- Retrenchment - Irregular appointment - Appointments made on daily wage basis under orders of competent/appointing authority - Merely because their appointments are not in accordance with procedure prescribed under ordinance would not disentitle them from claiming protection under the provisions of the Act - Termination of..........
Industrial Disputes Act, 1947, Section 11A -- Dismissal from service - Power of Tribunal to interfere in findings recorded in domestic enquiry - Tribunal only revisited evidence in toto but has proceeded on assumption that management has to prove charges beyond reasonable doubt - However, findings of enquiry officer unless perverse cannot be interfered by Tribunal -..........
Service -- Reinstatement - Order of compulsory retirement passed against respondent - High Court vide impugned order set aside the order of compulsory retirement and directed reinstatement of respondent with back wages - Considering serious nature of misconduct proved against respondent and long gap of 17 years, order granting reinstatement with back wages set aside -..........
Service -- Dismissal - Departmental enquiry was conducted contrary to law - Respondent has now attained the age of superannuation - Question of reinstatement does not arise - However, considering that there is no evidence with regard to status of respondent in the interregnum, noticing his conduct also for steadfastly refusing to participate in the inquiry, 50% back wages..........
