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Practice and Procedure – Judicial propriety –  General observations by High Court deprecated

IDA S. 11 – No work no pay – If the employee is not at all at fault and she was kept out of work by reasons of the decision taken by the employer, then to deny the fruits of her being vindicated at the end of the day would be unfair to the employee

“Proclaimed Person” and “Proclaimed Offender” have distinct meanings. [PLRonline 216302]

Pleasure doctrine – Applicability – Nominated members continue only till the pleasure of the government – Municipality .

Motor Vehicles Act,  S. 173 – Pay and Recover  – Insurance Company exonerated – Appeal by claimants for making insurance company liable  – This Section empowers that any person can file Appeal so there is no need to consider who is aggrieved person – Appellants being  Claimants have right to file Appeal  – Though owner of offending truck has not challenged the impugned order, it cannot be said that the Claimants can’t challenge it – Order in appeal changed to Pay and Recover.

HMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]

Punjab Land Revenue Act, 1887,   Section 28 – Lambardar – Appointment of – Age – Is a relevant factor . [PLRonline 119102]

Execution – Limitation – Filed after 12 years..  [PLRonline 114800]

Companies Act, S. 250 – Striking off – Even after dissolution of the company in view of striking off its name from the register, its existence remains only for the purpose of realising the amount due to the company or for the payment or discharge of the liabilities or obligations of  the company. [2023 PLRonline 0101 (NCLAT)]

NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]

Criminal Trial –  Circumstantial evidence –  Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be’ and not merely ‘may be’ guilty, before the Court can convict.  [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]

IPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]

Inference – Adverse inference

CPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223

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No Work No Pay - Employer remained closed for years together and it was declared as a sick unit

MVA, S.166 - Pension and other retiral benefits - No justification or reason to take into account such deferred payments of retiral

Home Service Matter Industrial Disputes Act

IDA S. 11 – No work no pay – If the employee is not at all at fault and she was kept out of work by reasons of the decision taken by the employer, then to deny the fruits of her being vindicated at the end of the day would be unfair to the employee

by Punjab Law Reporter
in Industrial Disputes Act, Service Matter
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Industrial Disputes Act, 1947, Section 11 – No work no pay – Is a principle which is apposite in circumstances where the employee does not work but it is not an absolute principle, which does not admit of exceptions –  The most important question is whether the employee is at fault in any manner – If the employee is not at all at fault and she was kept out of work by reasons of the decision taken by the employer, then to deny the fruits of her being vindicated at the end of the day would be unfair to the employee –  In such circumstances, no doubt, the question relating to alternative employment that the employee may have resorted to, becomes relevant – There is also the aspect of discretion which is exercised by the Court keeping in view the facts of each case. On facts, this is a case where apart from the charge of the employee having produced false caste certificate, there is no other charge –  Enhance the back wages from 50% to 75% of the full back wages, which she was otherwise entitled.

2022 SCeJ 0356

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Tags: IDA S. 11, No work No pay, No work No pay - Exception
Tags: IDA S. 11No work No payNo work No pay - Exception

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