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Dulari vs State Of Haryana And Anr on 22 February, 2023

The said judgment was 3 of 19 ::: Downloaded on - 02-06-2023 07:34:14 ::: Neutral Citation No:=2023:PHHC:045423-DB CM-1423-LPA-2019 in/and -4- LPA-622-2016 (O&M) passed subsequent to the decision relied upon by the learned Single Judge in Dinesh Kumar's (supra) and Gobind's cases (supra), as well as the Division Bench judgment of this Court in Indian Bank's case (supra). The said judgment was not brought to the notice of the Hon'ble Single Judge. 7.1 The learned counsel for the appellant further submitted that the workman has completed more than 240 days in the preceding 12 months before her termination on 30.06.2003. As such, the termination is illegal since the compliance of the statutory provisions of the Act was not made before termination. Hence, the relief granted by the Tribunal was rightly granted.
Punjab-Haryana High Court Cites 14 - Cited by 0 - G S Sandhawalia - Full Document

State Of Haryana vs Smt. Dulari And Another on 12 August, 2013

Further, Dinesh Kumar's case (supra) has not been considered in either of these two cases i.e. Devinder Singh's case (supra) and in Anoop Sharma's case (supra), again for the reason that both these cases were involving entirely a Anjal Gupta 2013.09.03 10:13 I attest to the accuracy and integrity of this document high court chandigarh Civil Writ Petition No. 8040 of 2012 10 different set of facts.
Punjab-Haryana High Court Cites 15 - Cited by 2 - R S Malik - Full Document

State Bank Of India vs The Union Of India &Amp;Ors on 12 October, 2010

In this connection, learned counsel for the petitioner-Bank relied on several judgments of the Hon‟ble Supreme Court in the case of Allahabad Bank Vs. Prem Singh, reported in (1996) 10 Supreme Court Cases 597, paragraphs 7,8, M.P.Housing Board and another Vs. Manoj Shrivastava, reported in (2006) 2 Supreme Court Cases 702, paragraphs 8,10,12,15,20, M.P. State Agro Industries Development Corpn. Ltd. and another Vs. S.C.Pandey, reported in (2006) 2 Supreme Court Cases 716, paragraphs 7,23, Secretary, State of Karnataka and others Vs. Uma Devi (3) and others, reported in (2006) 4 Supreme Court Cases 1, paragraphs 46, 47,48, 49, Hindustan Aeronautics Ltd. Vs. Dan Bahadur Singh and others, reported in (2007) 6 Supreme Court Cases 207, paragraphs 12,14,17, 18, State of Uttaranchal and another Vs. Prantiya Sinchai Avam Bandh Yogana Shramik Mahaparishad, reported in (2007) 12 Supreme Court Cases 483, paragraph-5, Uttaranchal Forest Hospital Trust 16 Vs. Dinesh Kumar, reported in 2008(1) P.L.J.R.201(SC) paragraphs 3 and 7, Sanjay Kumar Tiwary & Ors. Vs. The State of Bihar & Ors., reported in 2008(2) PLJR 265, Official Liquidator Vs. Dayanand and others, reported in (2008) 10 Supreme Court Cases 1, paragraph-50.
Patna High Court - Orders Cites 19 - Cited by 0 - V N Sinha - Full Document

State Bank Of India vs The Union Of India &Amp; Ors on 12 October, 2010

In this connection, learned counsel for the petitioner-Bank relied on several judgments of the Hon‟ble Supreme Court in the case of Allahabad Bank Vs. Prem Singh, reported in (1996) 10 Supreme Court Cases 597, paragraphs 7,8, M.P.Housing Board and another Vs. Manoj Shrivastava, reported in (2006) 2 Supreme Court Cases 702, paragraphs 8,10,12,15,20, M.P. State Agro Industries Development Corpn. Ltd. and another Vs. S.C.Pandey, reported in (2006) 2 Supreme Court Cases 716, paragraphs 7,23, Secretary, State of Karnataka and others Vs. Uma Devi (3) and others, reported in (2006) 4 Supreme Court Cases 1, paragraphs 46, 47,48, 49, Hindustan Aeronautics Ltd. Vs. Dan Bahadur Singh and others, reported in (2007) 6 Supreme Court Cases 207, paragraphs 12,14,17, 18, State of Uttaranchal and another Vs. Prantiya Sinchai Avam Bandh Yogana Shramik Mahaparishad, reported in (2007) 12 Supreme Court Cases 483, paragraph-5, Uttaranchal Forest Hospital Trust 16 Vs. Dinesh Kumar, reported in 2008(1) P.L.J.R.201(SC) paragraphs 3 and 7, Sanjay Kumar Tiwary & Ors. Vs. The State of Bihar & Ors., reported in 2008(2) PLJR 265, Official Liquidator Vs. Dayanand and others, reported in (2008) 10 Supreme Court Cases 1, paragraph-50.
Patna High Court - Orders Cites 19 - Cited by 0 - V N Sinha - Full Document

Employers In Relation To The Management ... vs The Concerned Workman Probodh Sahani on 13 November, 2017

(xiii)      It has been held by the Hon'ble Supreme Court in the  case   of  Uttaranchal  Forest   Hospital   Trust   v.  Dinesh  Kumar,   (2008) 1 SCC 542 as under:­ "6. It is undisputed that the work of cleaning the hospital has   been given to a contractor w.e.f. 17­8­1996. Materials were   placed  before the Labour  Court  to show that  the workman   was   engaged   for   doing   a   part­time   job   and   that   he   had   worked for a few days in several months. The Labour Court   itself on consideration of the documents and records produced   noted as follows:
Jharkhand High Court Cites 24 - Cited by 0 - D N Patel - Full Document

Thumboor Service Co-Op.Bank Ltd vs P.R.Subran on 29 October, 2019

5. Learned counsel for the petitioner argued that a reference to the Industrial Court in respect of the dispute was unwarranted and for resolution of such dispute, the provisions of Kerala Co-operative Societies Act alone could have been invoked. The counsel further pointed out that the Tribunal WP(C) No.24014 OF 2010(B) 5 ignored the fact that the rules relating to the Co-operative societies as applicable to the petitioner do not permit appointment of part-time Sweeper. Since there is no post of part-time Sweeper in the petitioner Bank, the Tribunal ought not have granted relief of reinstatement to the 1st respondent. Learned counsel further argued that mere payment of wages to the 1st respondent cannot confer any right of continued employment. The learned counsel also relied on the judgment of the Apex Court in Uttaranchal Forest Hospital Trust v. Dinesh Kumar [(2008) 1 SCC 542] to press the point that in the case of part-time employees, the relief of reinstatement need not be ordered by the Industrial courts. The Industrial Tribunal ought to have held that it had no jurisdiction to entertain and adjudicate the dispute, in view of constitution of arbitration court under the Kerala Co-operative Societies Act.
Kerala High Court Cites 6 - Cited by 0 - N Nagaresh - Full Document
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