312 was not concerned with such an appointment. This conclusion was arrived at by the High Court in the judgment under challenge and no one has disagreed with the view that Tamil Nadu could not appoint Mr. both the boats were near about the mid-line of the channel. It is enough to say that so far as what is called goodwill bonus is concerned it pre-supposes that it is given by the employer out of his own free will without any compulsion by an industrial court. It was however urged on behalf of the respondent that there is a fifth kind of bonus, namely, goodwill bonus and that the Agreement when it provides for a minimum bonus irrespective of availability of profits provides for such bonus in the interest of industrial peace.
(b) provided that this order of discharge might be departed from in cases involving, among others, exceptional administrative inconvenience. As its very name implies it is a bonus which is given by the employer out of his free consent in order that there may be goodwill between him and his workmen; but there can be no question of imposing a goodwill bonus by industrial courts, as imposition of such a bonus is a contradiction of its very concept.
So far as the present case is concerned, this court did not give any direction with regard to the appointment of a Public Prosecutor or a Special Public Prosecutor post the decision in CC No. Abdul Nabi’s evidence indicated that the Nizam had altered her course to port by about 10′. Mason’s evidence itself shows that at about 6-45 p. ‘Tribunal ‘ as defined by s. Where however a director has been appointed otherwise than by the company in a general meeting, the shareholders have nothing to do with his appointment.
Such a director is not the chosen representative of the shareholders and the shareholders cannot claim to have a say in the appointment of his successor. Bhavani Singh as a Special Public Prosecutor to contest the appeals in the High Court. 341 by the company was permitted to assign his office, then the new incumbent would not be the chosen representative of the shareholders, and the intention of the Act would be defeated. 6-D of 1952) the order of conviction was confirmed but the sentence imposed on him was reduced to three years’ rigorous imprisonment.
His evidence showed that he knew him and the members of his family quite well. It is to be remembered that though the Nizam was about two cables on the proper side of the channel at about 6 p. 4 provided that no vacancy shall be filled by the appointment of a person who had not yet commenced his probation when an approved probationer or a probationer was available; cl. 312 from assigning his office. This order has given rise to Criminal Appeal No.
We have already referred to four kinds of bonus which prevail in the industrial law in India and which can in certain circumstances be imposed by industrial tribunals; but there can be no question of the imposition of the so-called goodwill bonus, for that bonus depends upon the goodwill of the parties and on their free consent. be said to be liable to be defeated by the appointment of the successor of such a director by him. He was a friend of Lokenath Parichha and lived in the same neighbourhood.
However, the law is quite clear, namely, that Karnataka as the transferee State was entitled to file an appeal in the Karnataka High Court, should the need have arisen, including an appeal for enhancement of sentence and that on an appeal being filed in the High Court by the accused persons, Karnataka as the transferee State continues to retain its entitlement to appoint a Public Prosecutor or a Special Public Prosecutor to contest the appeal, otherwise the purpose of transferring the case out of Tamil Nadu to Karnataka would stand frustrated at the appellate stage.
, she had altered her course 80 to port, even according to Mason, at about 6-38 p. 5 provided that, for want of vacancy, the probationers were to be discharged first in order of juniority and thereafter the approved probationers in order of juniority and cl. It seems to us that it is to prevent this result that the Act forbids a director by s. Really speaking, this court did not leave behind any vacuum. In the absence of such free consent, there can be no question of any goodwill bonus.
In that sense, it could possibly be argued that there was a vacuum. 26 of 1955 in this Court. We can discern no policy in the Act which can. 2(r) of the Industrial Disputes Act, 1947, as amended by Act 36 of 1956, read with amending Act 18 of 1957, empowers the Government to transfer a reference from one Tribunal to another. That Karnataka was remiss in fulfilling its obligation to appoint a Public Prosecutor to contest the appeals filed in the High Court by the accused persons or chose not to fulfill it for whatever reason, is no ground for Tamil Nadu to appoint a Special Public Prosecutor to appear in the appeals.
That being the position, his evidence that he attended the marriage ceremonies and the Upanayan ceremonies of several members of the family undoubtedly showed his opinion as expressed by his conduct. 3 of the service rules provided that the percentage of promotions from the- rank of Head Constable to that of Sub-Inspector was to be “upto not more than 30% of the cadre”, but provided no limitation for direct recruitment, r.