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Labour & Service Law Judgments and Orders

Administrator

 12 December 2008

Administrator - Appointment as an administrator to be in charge of day-to-day running of the Hospital - Expressed inability to function as an administrator due to ill health - Modification sought in the order appointing 'R' Administrator as there are..


Service-Adverse entry-Bias

 11 December 2008

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Breach of Faith

 07 December 2008

Removal - Misconduct - Breach of faith - Respondent, conductor issued ticket of 0.50 paisa denomination instead of Rs. 4/- to 16 lady passengers - Guilty of serious misconduct and the gravity of the misconduct cannot be minimized by the fact that he ..


Regularisation

 07 December 2008

Constitution of India, Article 226 - Industrial Disputes Act, 1947, Sections 25B, 25-F - Regularisation - Budlee sepoys - Admission by writ petitioners that they have not completed the required 240 days of service - Policy decision for regularisation..


Principles of natural justice

 05 December 2008

Principles of natural justice – Adherence to principles of nature justice in determing disputes between parties – Consequences of non-adherence – Objective behind principles of natural justice..


Termination of service

 03 December 2008

Industrial Disputes Act, 1947, Sections 25F and 2(oo)(bb) - Termination of service - Casual labour - Engaged for specified project and after completion of work project was abolished - Question of applicability of section 25F of the Act depend upon th..


Delayed Reference

 03 December 2008

Industrial Disputes Act, 1947, Sections 10 and 25F - Reference - Delayed reference - Delay of 13 years - Back wages - While upholding the direction of reinstatement, payment of back wages set aside. (Para 7 to 9)..


Removal

 02 December 2008

Constitution of India, Article 226 - Karnataka State Road Transport Corporation Servants (Conduct and Discipline) Regulations, 1971 - Removal - Conductor - Breach of trust - Quantum of punishment - Writ jurisdiction - Respondent failed to issue ticke..


Freedom Fighters Pension

 02 December 2008

Swatantrata Sainik Samman Pension Scheme, Clause 2.3 - Freedom fighters pension - First respondent was neither declared a proclaimed offender nor an award for his arrest was announced or an order of detention had been issued but could not be served -..


Dismissal

 30 September 2008

Dismissal - Misconduct - Respondent in unauthorized occupation of quarter belonging to company - Vacation suit against respondent - When the Town Warden went to execute the decree along with Nazir of Civil court he was assaulted by respondent - Order..


Appointment - Practice and procedure

 30 September 2008

(A) Appointment - Primary teacher - Appointment denied on the ground that institutions from which appellants had got their teacher's training certificates were not recognized - Advertisement specifically referred to the Jharkhand Primary School Recru..


Transfer - Civil consequences

 30 September 2008

Transfer - Civil consequences - Affecting status and pay - Executive power in absence of any statutory rules cannot be exercised which would result in civil or penal consequences - Principle of natural justice not complied with - Moreover rules were ..


Promotion - Post of Assistant Administrative Officer

 26 September 2008

Promotion - Post of Assistant Administrative Officer - Post reserved for Scheduled Tribe candidate - Appellant belonged to Schedule Caste - In advertisement respondent specifically mentioned that in case no eligible candidate are available in particu..


Retirement age

 26 September 2008

Banking Regulation Act, 1949, Section 45 - Central Bank of India (Officers) Service Regulations, 1979, Regulation 19 - Retirement age - Dispute as to - Regulation 19 providing that recruitment in appellant Bank prior to 19.7.1969 but promoted as an o..


Selection List

 26 September 2008

Select list - Validity of list had not been extended and three years have gone by - Not proper to grant relief on the basis of the new plea i.e extension of validity of list only by a period of 11 days and not a minimum period of three months. (Par..


Recruitment

 26 September 2008

(A) Recruitment - Ordinarily rules which were prevailing at the time of when the vacancies arose would be adhered to - The qualification must be fixed at that time - The eligibility criteria as also the procedure as was prevailing on the date of vaca..


Appointment

 23 September 2008

(A) Appointment - Primary teacher - Appointment denied on the ground that institutions from which appellants had got their teacher's training certificates were not recognized - Advertisement specifically referred to the Jharkhand Primary School Recru..


Promotion - Eligibility - Experience

 23 September 2008

(A) Promotion - Eligibility - Experience - They stand on different footings - For filling up the post by way of promotion, there must exist a channel - In absence of any channel, promotion cannot be effected. (Para 10) (B) Rajasthan Mines & Geol..


State of Karnataka and Others vs G. Halappa and Others.

 23 September 2008

Constitution of India, 1950 - Article 226 - Writ - Service - Contractual appointment, fixed emoluments, fixed term - Automatic termination after expiry of fixed term of contract - Whether, on their absorption against regular post, their previews c..


Only one days's delay in reporting for duty

 22 September 2008

Dismissal - Only one days's delay in reporting for duty - Justifiable reason of death of his father - Direction to Union of India to consider the case of appellant sympathetically - Respondent agreed to reinstate appellant without payment of back wag..