Employee’s Compensation – Jurisdiction – Section 21 – Deceased driver killed during employment – Commissioner at Nuh awarded compensation – Appellant contended lack of jurisdiction as incident occurred in Mathura, UP – Court held jurisdiction valid where dependents reside or employer has registered office – Procedural notice irregularity does not pre...
Arbitration Proceedings – Termination – Judicial Superintendence – Petition challenged the continuation of arbitration proceedings that extended over nine years without the parties' written consent – High Court held that the arbitrator's mandate had expired, and further proceedings without written consent were unauthorized – High Court can exercise judicial su...
Provident Fund Dues – Priority Over Other Debts – Section 11 of EPF Act, 1952 – Claim of Central Excise Department – Court held that dues under EPF Act have precedence over central excise dues – Provident Fund dues are deemed first charge on assets of the establishment, overriding earlier claims by central excise if not satisfied by the time EPF claim is made – ...
Scheduled Caste Certificate – Cancellation – Inquiries and Judicial Review – Petitioners' Scheduled Caste certificates cancelled after two-level inquiry as per Supreme Court guidelines in Kumari Madhuri Patil case – Vigilance Cell and Scrutiny Committee found petitioners did not belong to Scheduled Caste – Petitioners challenged cancellation claiming lack of oppor...
Service Law - Regularization of Employment - Notification Applicability - Appeal challenging regularization of a part-time employee dismissed - Suit filed for regularization of services as Sweeper-cum-Chowkidar based on Haryana Government Notification dated 01.10.2003 - Both lower courts found the plaintiff eligible under the notification as he was appointed against a sanctioned post and served du...
Land Law - Writ Petition - Ejectment Proceedings - Civil Writ Petition challenging order dismissing revision and notice for possession - Petitioners claimed possession of land leased since June 1991 - Evidence insufficient to establish possession before 1950 - Land categorized as Shamlat Deh vested in Gram Panchayat - Petitioners unable to establish prima facie title - Held, writ petition dismisse...
Industrial Law - Challenge to Award - Certiorari Jurisdiction - Industrial Dispute - Proof of 240 Days Work - Writ Jurisdiction of High Court – Petition filed under Articles 226/227 challenging the award of Industrial Tribunal rejecting the petitioner’s claim for reinstatement and benefits. Petitioner failed to provide sufficient evidence of having worked 240 days in the year preceding...
Constitutional Law – Right to Travel Abroad – Impounding of Passport – Violation of Natural Justice – Article 226 of the Constitution of India – Writ petition seeking mandamus for the return of passport impounded by the authorities – Petitioner convicted in a criminal case and serving a sentence of three years – Appeal against conviction pending – Pa...
Civil Law - Presumption of Truthfulness in Revenue Records – Appeal against the First Appellate Court's judgment – Plaintiff-respondent's suit for permanent injunction was initially dismissed by the Trial Court, but decreed by the First Appellate Court on the basis of presumption attached to jamabandi entries – High Court found that presumption of correctness attached to ...
Constitutional Law - Writ Petition - Regularization of Services - Mandamus - Petitioner engaged on daily wages as Pump Attendant sought regularization from 01.02.1996 instead of 01.10.2003, despite claiming fulfillment of eligibility criteria as per the instructions and circulars of 1996. The petitioner's claim was challenged by the State citing previous litigations and misrepresentation. Held...