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Monday, June 18, 2018
Saturday, May 26, 2018
Power under Section 21 of General Clauses Act not available for varying quasi judicial orders
Domestic inquiry & Labour Court - appreciation of termination order
Kurukshetra University v. Prithvi Singh, (2018) 4 SCC 483
17. If the domestic enquiry was held legal and proper then the next question which arose for consideration was whether the punishment imposed on the respondent(delinquent employee) was proportionate to the gravity of the charge leveled against him or it called for any interference to award any lesser punishment by exercising the powers under Section 11-A of the ID Act.
18. If the domestic inquiry was held illegal and improper then the next question, which arose for consideration, was whether to allow the appellant (employer) to prove the misconduct/charge before the Labour Court on merits by adducing independent evidence against the respondent (employee). The appellant was entitled to do so after praying for an opportunity to allow them to lead evidence and pleading the misconduct in the written statement. (see- also Para 33 at page 1665/66 of Shankar's case(supra) ).
20. We are constrained to observe that first, the Labour Court committed an error in not framing a "preliminary issue" for deciding the legality of domestic enquiry and second, having found fault in the domestic inquiry committed another error when it did not allow the appellant to lead independent evidence to prove the misconduct/charge on merits and straightaway proceeded to hold that it was a case of illegal retrenchment and hence the respondents' termination is bad in law.
Friday, May 25, 2018
Gratuity Payable upon 10 years of service
[Chandra Prakash Saxena v. State of U.P., 2018 SCC Online ALL 532, order dated 07.05.2018]
Renewal Clause in Lease - Perpetual Lease - Nazul Land
shall include the clause for renewal and thereby making the same as a perpetual lease. (See
State of U.P. & Ors. Vs. Lalji Tandon (2004) 1 SCC 1 )
Purshottam Das Tandon v. State of UP Lucknow and Ors." in CMWP Nos. 2293/1969 |