Top 10 Law Firms in Haryana for Writ

The defendants no doubt disputed this claim and pleaded that they were the hereditary vatandar pujari servants but their claim was negatived and a decree for possession was passed on November 4, 1922. This is not quite correct so far as Jagdish La]. In these circumstances even though no charge-sheet might have been necessary Advocate in Chandigarh High Court the case of these two workmen their dismissal was against the provision of the Standing Orders, for no explanation was taken from them before arriving at the decision to dismiss them.

The Court, by its order dated September 8, 1954, directed the Liquidators to pay within a week the arrears of salary of all the workmen, and also within a week from receiving sale proceeds of the auction-sale aforesaid, to pay the workers, in lieu of notice, one week’s wages to weekly paid workmen, two weeks’ wages to fortnightly paid workmen, and one month’s wages to monthly paid workmen. What reliefs are the employees entitled to By order of the Governor.

The Standing Orders provide that- “any workman charged with an offence under these Orders, except in cases of lateness and absenteeism, shall receive a copy of such charge but in all cases will be given an opportunity of offering his explanation before any decision is arrived at. In this suit the trustees specifically alleged that the relationship of the defendants as servants of the Sansthan had ceased as from September, 1911, and they averred that the defendants had therefore no right to obtain possession of the temple.

There is no proof in this case that any opportunity was given to these two workmen of offering their explanation before the decision of dismissal was arrived at in their case. 5(a) comes into existence as soon as an employer decides on the dismissal of some of its workmen and proposes to give effect to such a decision. The main contention advanced on behalf of the appellants was as follows: There was no fair trial of the appellants as they had been deprived of the right of cross-examination of the prosecution witnesses with reference to their statements made to the police during the police investigation.

The order of the learned Judge was illegal, as on a proper interpretation of the provisions of s. In a case of this kind in which the appellants were involved, there were only two principal questions which were of vital importance: (1) how far the witnesses had improved their 910 story in their evidence in Court from what they had said to the police concerning the occurrence, and (2) the existence of opportunity and sufficient light to enable proper identification. 9 of the Specific Relief Act, No.

The Guravs then obtained forcible possession of the temple and that led to the trustees’ suit under s. The purpose of cross-examination is to test the reliability of the witnesses both as to what they had to say about the occurrence itself and concerning their identification of those who had participated in it. ” it would be meaningless and indeed incorrect to use the words they did use “entry of goods into a local area”. It is admitted that this statement has lumped together all the properties of the appellant including plant and machinery, as well as buildings, roads, bridges and railway-sidings and has classified them into four categories.

1075 of 1922, on September 12, 1922. 162 of the Code of Criminal Procedure, the appellants were entitled not only to put the two questions which were ruled out, but also questions with respect to other matters arising out of the police statements of the witnesses. They are Jagdish Lal (respondent 31) and L. The order of the tribunal with respect to these two workmen must be upheld. It is not in dispute that no charge-sheets were issued to these workmen. in concerned as will appear from the letter of dismissal sent to him; but assuming it to be so, Standing Orders provide that though the charge-sheet may not be given no action can be taken against a workman for any misconduct unless he is given an opportunity of offering his explanation before any decision is arrived at.

Tongaonkar showing the original cost of the block to be replaced and the approximate replacement cost. The statement contains 9 columns. C-2 is a statement prepared by Mr. The impugned Act was passed on September 16, 1958 repealing the Ordinance and reenacting its provisions Civil and Revenue Lawyer in Chandigarh also providing that anything done under the Ordinance would be deemed to have been done under the Act as if it had come into force when the Ordinance had been promulgated. The Directors were to hold the balance of the sale proceeds till further orders of the Court.

The first column gives the year or years of purchase of machinery. In view of this conclusion it is unnecessary for us to consider the other question that was raised, viz. In execution of this decree the defendants were dispossessed. , whether an industrial dispute within the meaning of cl. The order of the learned Judge had to be respected. On June 27, 1958, the Government had promulgated an Ordinance. This statement has been prepared on the basis that the approximate cost to the merging companies of their assets as on 31-7-1936 was 5.

The trial Judge had disallowed two questions in this respect, and the lawyer for the appellants regarded the decision of the learned Judge as one which prevented him from putting further questions with respect to other matters concerning the police statements of the witnesses. ” It is said that the charge against these two workmen was only for absenting themselves; it was not therefore necessary to frame any charge-sheet against them.

The use of the words “local area” instead of the word “area” cannot but be due to the intention of the Constitution- makers to make sure that the power to make laws relating to levy on entry of goods would not extend to cases of entry of goods into any and every part of the state from outside that part but only to entry from outside into such portions of the state as satisfied the description of “local area”. The appellant 321 however contends that under the Standing Orders it was not necessary to issue any charge-sheet to them.

” The employees Suspension of Sentense Lawyer in Chandigarh the Company had moved the High Court for directions to the Liquidators for the payment of their dues from the Company. Then we come to the case of two workmen to whom no charge- sheets were given at all. Choudhary (respondent 60). There were several matters with respect to which, if questions had been allowed to be put, an effective -cross-examination might have resulted and enabled the appellants to persuade the trial Judge to hold that the witnesses were entirely unreliable.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s