Labour Law - Compensation for Retrenchment - Sufficiency of Compensation – Held, the respondent, having worked for 2 years, was adequately compensated with Rs.1 lakh, which was already paid. The Single Judge was justified in setting aside the Labour Court's award based on the respondent not completing 240 days of work. The appeal is partly allowed. [Paras 1-12]
Determination...
Land Laws - Unauthorized Possession - Gair Marusi Land - Article 226 of the Constitution - Haryana Land Revenue Act, 1969 - Land reserved during consolidation for Kumharan community for pottery use - Petitioner's predecessor entered as Gair Marusi but started cultivation - Unauthorized use impermissible - Non-occupancy tenants have no vested rights to continue possession especially when origin...
Land Laws - Exchange of Land - Validating Order - Natural Justice - Articles 226 and 227 of the Constitution - Section 7 of Punjab Village Common Lands (Regulation) Act, 1961 - Rule 5 of Punjab Village Common Lands (Regulation) Rules, 1964 - Land exchanged through validating order cannot be arbitrarily recalled without complying with principles of natural justice - Equivalence of monetary value an...
Service Law - Seniority - Compassionate Appointments - Administrative Instructions vs. Statutory Rules-Seniority - Compassionate Appointments vs. Direct Recruits – Civil writ petition under Articles 14 and 226 challenging the seniority list dated 22.03.2012 – Held: Seniority must be granted in accordance with statutory service rules. Administrative instructions cannot override statutor...
Land Laws - Unauthorized Construction - Punjab Village Common Lands (Regulation) Act, 1961 - Section 7 - Assistant Collector dismissed petition based on spot visit - District Collector dismissed revision for lack of demarcation report - Held, orders quashed - Case remanded for proper site demarcation and fresh order - Importance of valid demarcation and evidence for decisions on land disputes emph...
Land Revenue - Partition Proceedings - Ex-Parte Order - Articles 226 and 227 of the Constitution - Sections 16, 20, and 111 of Punjab Land Revenue Act, 1887 - Respondent not served summons in accordance with law, proceeded against ex-parte - Financial Commissioner remanded matter for fresh decision - Held, non-service of summons nullifies limitation argument - Remanding order upheld - Petition dis...
Land Law – Partition – Agricultural Land – Gair Mumkin Land – Writ petition challenging partition of agricultural land including gair mumkin land – Held, small portion of gair mumkin land does not bar partition of remaining agricultural land by revenue authorities – Partition ordered based on jamabandi with presumption of truth – Petition dismissed. [Paras...
Public Appointment - Eligibility Criteria - Article 226 of the Constitution - Amendment of Qualifications - Petitioners and Respondents Sewadars in Municipal Council - Resolution passed to adjust surplus staff - Petitioners did not meet amended qualifications for Fireman post - Held, eligibility must be assessed based on rules at the time of consideration, not at the time of vacancy - Petitioners ...
Administrative Law - Show Cause Notice - Bias and Fairness - Articles 226 and 227 of the Constitution - Petitioners accused of misappropriation and mismanagement following inheritance of society's properties via a Will - Show cause notice issued by enquiry officer - No allegations of malice or bias - Held, participation in enquiry precludes challenging initiation without challenging final repo...
Panchayati Raj – Merger of Panchayats – Procedure Followed – Petition challenging merger of two Gram Panchayats into one – Held, the merger was based on resolutions passed by both Gram Sabhas – Proper procedure followed, and notification issued – Petitioner did not challenge the notification – Elections for merged Gram Panchayat held, and Panchayat functio...