Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Single Judge passed the order and time given to Corporation for framing a scheme to absorb the respondent workmen as regular employees - Contempt petition was filed and disposed of by granting six months time to absorb the employees - Second contempt petition was disposed of without compliance of earlier order..........
Workmen, Section 30 -- Appeal - Order awarding compensation - Commissioner's finding on the nature of injury and percentage of disability on the basis of certificate of disability issued by a qualified medical practitioner, is purely a question of fact - Percentage of permanent disability assessed by qualified medical practitioner is not disputed - Under the scheme of Act,..........
Service -- Relief of reinstatement denied by High Court which was not challenged - Workmen not entitled to reinstatement - Compensation of rupees two lakhs allowed...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Non-disclosure of true income by husband - Keeping in view income tax returns, machinery deployed and number of workmen engaged by husband, inference can be drawn that income tax returns do not truthfully reveal his income - Monthly income generated by husband under no circumstances can be less than..........
Service -- Temporary and badli workers of LIC - Regularization - Back wages - Financial hardship - Temporary and badli workers of LIC, who are entitled for regularization as permanent workmen are also entitled to full back wages as well - However, keeping in view the immense financial burden caused to LIC, it is fit to modify the relief only with regard to back wages..........
Service -- Voluntary Retirement Scheme (VRS) - Thousands of employees discharged on VRS by Management and out of 65 people who pursued the litigation, 59 people already gone on VRS or otherwise - Held, having regard to the age of appellants, interest of justice would be advanced if appellants are paid a lump sum amount of Rs.10 lakhs towards settlement of their dues -..........
Indian Contract Act, 1872, Section 176 -- Pledge - Loan agreement - Default in repayment - Right of precedence of loan amount or repayment of dues of workers and cane growers - Workmen in the absence of liquidation, stand only as unsecured creditors and their right cannot prevail over the rights of the pawnee of goods...........
Constitution of India, 1950, Article 226 -- Respondent-Union are claiming their right under provisions of Tamil Nadu Industrial Establishment (Conferment of Permanent State to Workmen) Act, 1981 - High Court while deciding writ petitions and connected matters did not consider the fact whether Act is applicable to members of respondent-Union - Held, that submission appears..........
Service -- Payment of minimum of pay scale to daily wagers - Directions of Supreme Court - Non compliance - Principal Secretary to the Department of Forests, U.P. and Principal Chief Conservator of Forests, U.P. directed to file separate affidavits on the implementation of the orders - In case workmen are not paid the amounts as per orders, they shall see that wages are..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(9), 9, Companies Act, 1956, Section 529, 529A -- Sale of secured assets by secured creditor - Power of Company Court - SARFAESI Act is a complete code in itself - Required provisions of Companies Act have been incorporated in SARFAESI Act for harmonizing both..........
