With these words Har Prasad and his companions left the office of the Controller. It has been stated before us that in or about the year 1919 there was considerable unrest amongst the Sikhs in the Punjab Top Counsel in Chandigarh respect of the management of their gurdwaras and shrines, and in 1922 an Act called the Sikh Gurdwaras and Shrines Act was passed; this did not satisfy the Sikhs and in 1925 the principal Act was passed, as its preamble states, ” for the better administration of certain Sikh gurdwaras and for enquiries into matters and settlement of disputes connected therewith “.
On April 8, 1958, a bill called the Sikh 503 Gurdwaras (Amendment) Bill, 1958, was introduced in the Punjab Vidhan Sabha and the Bill was sent to the regional committees constituted by an order of the President called the Punjab Regional Committees Order, 1957, made under el On November 1, 1956, there was merger of the erstwhile State of Patiala and the East Punjab States Union (hereafter called Pepsu in brief) with the State of Punjab. the same evening a number of workmen of the appellant mills surrounded Mr.
The principal Act was amended from time to time. Counsel in Chandigarh High Court connection with this last submission it was pointed out that at the time of the police action in Hyderabad a large number of persons were recruited direct as Sub-Inspectors to whom an assurance had been given that they would not be reverted. Contractor, the General Superintendent, and Mr. Surti when they were returning to their bungalows from the mills and assaulted and beat them. The appellant’s management then started its own investigations and on October 17 it suspended five workmen Har Prasad, Majid, Zinda, Yamin and Manak Chand.
If we tear the veil in which the real 88 purpose and effect of the Act has been shrouded, ‘it will I appear that the true character and effect of the Act is not to levy a tax on land, but to expropriate the private owners of the forests without payment of any compensation whatsoever. 5 either, on two grounds (1) based on denying that there was a unified category of Sub-Inspectors and in putting forward that the two classes which made up the Service, viz.
These workmen placed before the Controller some of their grievances; and when the Controller told their leader Har Prasad that the grievances set forth by them were not justified Har Prasad replied that the Controller was in charge of the management of the appellant mills and could do what he liked, but he added that the ways adopted by the management were not proper and “it may bring very unsatisfactory results”. A large number of such temporary appointments were made and these directly recruited Sub-Inspectors had to be provided with posts when temporary posts were getting abolished.
It also suffers from the vice of discrimination. Two days thereafter Har Prasad and Mool Chand saw the Controller again in his office and complained that one of the Back Sizers Yamin had reported to them that the Controller had beaten him; the Controller denied the allegation whereupon the two workmen left his office. It has also been vehemently argued that the Act, though it purports to be a tax on land, is really a law relating to forests family advocate in Chandigarh possession of the petitioners and would not come within the purview of entry 18 read by itself or in conjunction with entry 45 of List II, but is law relating to forests under entry 19.
Lastly, it has been urged that the whole Act has been conceived with a view to confiscating private property, there being no question of any compensation being paid to those who may be expropriated as a result of the, working of the Act. The two officers then lodged a First Information Report at Thana Sadar Bazar, Saharanpur about 9 p. In September 1957 the committee recommended in favour of such extension. ; thereupon the Inspector of Police went to the scene of the offence, and on making local enquiries arrested two workmen Ramesh Chander Kaushik and Tika Ram.
(4) There had been no violation of r. This last argument is based on the assertion that the tax proposed to be levied on private property in the State of Kerala has absolutely no relation to the paying capacity of the persons sought to be taxed, with reference to the income they could derive, or actually did derive from the property. This introduced an administrative problem which could be solved only by reverting the rank-promotees.
5(a) by reason of the special circumstances of the case which brought their action within the specific provision in r. This offence naturally led to grave disorder in the mills, and the officers of the mills felt great resentment in consequence of which the mills remained closed for three days. It appears that on October 12, 1957 when the appellant’s Controller of Production and the General Superintendent were discussing certain matters in the office of the appellant mills, Har Prasad, one of the 8 workmen dismissed by the appellant, came to see the Controller along with some other workmen.
, direct recruits and rank-promotees formed 53 different categories, and (ii) that even if they formed a single category of officers after their initial appoint- ments, there had been no violation of the rule fixed for reversion by r. nBut before we do that, it is necessary to state a few facts with regard to the passing of the amending Act of 1959. Sometime Advocate in Chandigarh February 1957 the Government of the State of Punjab appointed an advisory committee to report as to whether the principal Act should be extended to the area which was formerly within Pepsu.