Industrial Disputes Act, 1947 - Section 2(s) - Definition of Workman - Petitioner’s claim rejected on grounds of involvement in selection process and supervisory work with a salary over Rs. 1600/- per month - Held, Management must prove the dominant nature of duties to exclude an employee from the definition of workman - Reliance on a mere statement of the workman is inadequate - Onus is on ...
Tenancy Law – Eviction – Character of Building – Absence of Zoning Plan – Determination of Building Character – Held, in absence of zoning plan, scheme or notification proving residential or non-residential character of a building, the purpose for which demised premises was let out would determine its character. Here, the building was used for non-residential purposes...
Excise Law – Liquor License – Renewal – Conditions for Renewal – Petitioners' licenses not renewed for failing to meet the minimum monthly sale of non-alcoholic items as required by Haryana Excise Policy 2018-19 – Held, Rule 13 of the Haryana Liquor License Rules does not confer a right to renewal as a matter of right – Condition for renewal requiring averag...
Administrative Law – Policy Change – Doctrine of Promissory Estoppel – Cash Grant in Lieu of Land – Petition challenging government notification changing the mode of compensation from land allotment to cash grant for war widows and other defense personnel's families – Held, doctrine of promissory estoppel applicable only to applications made within the cutoff date...
Civil Procedure – Jurisdiction – Punjab Land Reforms Act – Appellants filed a suit for declaration and perpetual injunction asserting that land dedicated to the religious and charitable shrine Dam Dama Sahib of Una was wrongfully transferred and declared surplus. The trial court dismissed the suit; the First Appellate Court partly allowed it. The High Court set aside the First Ap...
Constitutional Law – Equal Pay for Equal Work – Fixed Monthly Emoluments – Punjab Government’s notification providing only basic pay during probation and excluding probation period from total service held illegal – Held, violative of Articles 14 and 39 of the Constitution – Petitioners entitled to same salary as regular employees. [Paras 24, 27]
Emp...
Civil Procedure - Ad Valorem Court Fees - Order 7 Rule 11 CPC - Plaintiff filed suit for declaration and alternatively for possession - Defendant's application under Order 7 Rule 11 CPC to compel plaintiff to pay ad valorem court fees allowed - Plaintiff argued that sale deeds were executed through misrepresentation and without authority after the power of attorney was cancelled - Court held t...
Administrative Law - Correction of Name - Article 226 of Constitution of India - Rule 69.1(ii) CBSE Rules - Correction of mother's name in matriculation certificate sought for filling admission forms in colleges supported by relevant documents and affidavit of mother - CBSE denied request on the ground that school records do not support the desired correction - Held, denial unsustainable - Wri...
Pension Law - Withholding of Pension - Rule 2.2(a) of Punjab Civil Services Rules, 1970 - Withholding of 100% provisional pension due to grave misconduct - Held, more than one-third of the sanctioned pension cannot be withheld even upon conviction for a grave misconduct - Pensioner must be left with adequate amount for maintenance - Impugned order set aside and fresh order directed to be passed in...
Railway Accident Claim – Death in Untoward Incident – Section 124A of Railways Act, 1989 – Appellant claimed compensation for the death of her brother who allegedly fell from a moving train – Railway Claims Tribunal and Gauhati High Court rejected the claim on grounds that the deceased was not a bona fide passenger and no ticket was found – Appellant argued that the a...