Service Law - Regularization – Government Company Employees – Absence of Right to Regularization – Industrial Disputes Act – Daily Wagers Not Entitled to Absorption – The employees of Hindustan Aeronautics Ltd., a government company, claimed regularization and parity in wages with regular staff despite being casual workers engaged under settlement agreements – H...
Recovery Proceedings – Liability of Guarantor – Distinction from Principal Debtor – Section 29 SFC Act – Recovery Proceedings Upheld – The appellant contended that guarantor’s liability cannot be enforced unless the mortgaged property of the principal debtor is first exhausted – Held: Since the principal debtor company was already wound up and official liq...
Land Law - Ceiling Proceedings – Finality of Order – Section 11(1) of the Act – Non-Issuance of Final Statement – It was held that once the Deputy Collector (DCLR) in 1976 recorded a finding that the landholder possessed no surplus land and the order attained finality without appeal, a final statement under Section 11(1) ought to have been issued within reasonable time &nda...
Anti-Defection Law – Articles 191(2), 102(2) & Tenth Schedule – Voluntary Giving Up of Membership – Disqualification Confirmed – Thirteen BSP MLAs who met the Governor on 27.8.2003 to support formation of Samajwadi Party government held to have voluntarily given up their party membership – Their conduct fell within Paragraph 2(1)(a) of the Tenth Schedule – D...
Village Public Telephone – Government Policy – Article 14 – Policy not Arbitrary – High Court Order Unsustainable – Respondent sought permission to operate a VPT despite one already existing in the village – High Court, without reasons, held guidelines “arbitrary” and violative of Article 14 and directed allotment – Held: Guidelines under Natio...
Maintainability – Writ Petition under Article 32 – Not a Review or Curative Petition – Petitioners challenged ratio decidendi of Subhash Chandra Dixit case, not its final order – Held: A petition under Article 32 is maintainable to seek reconsideration of earlier ratio if violation of fundamental rights is alleged – Bar under Rupa Ashok Hurra inapplicable [Paras 8-10]...
Mandamus – Hire-Purchase vs. Lease of Mandi Shops – No Legal Right – Traders sought writ for allotment of shops/godowns on hire-purchase basis instead of lease – Held: No statutory duty imposed on Mandi Samiti/Parishad to transfer properties on hire-purchase basis – Letter of Director had no binding authority without Board approval – Mandamus cannot be issued ab...
Land Acquisition – Section 6(2) and Section 11A, Land Acquisition Act, 1894 – Declaration and award – All three modes of publication under Section 6(2) are mandatory and cumulative – Limitation for making award under Section 11A to be computed from the last of such publications – Award made beyond two years from 25.07.1985 (the admitted last date of publication) &ndas...
Service Law - Disciplinary Proceedings – Continuation after Superannuation – Regulation 20(3)(iii), Punjab National Bank Service Regulations – Validity Affirmed – Disciplinary proceedings initiated before retirement can continue after superannuation by virtue of legal fiction under Regulation 20(3)(iii) – Employee deemed to be in service until conclusion of proceeding...
Service Law - Termination of workmen convicted of criminal assault – Probation of Offenders Act – Section 12 – Scope – Conviction not wiped out – Workmen convicted for assault released on probation – High Court held service career should not be affected – Held: Section 12 removes only statutory disqualifications under other laws (e.g., election or office d...