Navin Pandya
09 April 2013 at 08:53
Dear Legal Experts,
Namaste!
Because of judicial corruption, there are bad judgments for litigations. If bad judgments remain uncontested & quoted in other matters, will it not be injustice? Are bad judgments are reported in Law Reports? Was IDA 315 of 1990, Labour Court, Mumbai was reported in Law Reports? Judgment in IDA 315 of 1990 by Labour Court Mumbai was bad judgment & my appeal against same in HC was dismissed by Justice Nishita Mhatre without going into merits of the case & using her discretion to condon delay.
Do victims of injustice have to suffer because of bad laws & bad judges?
Best regards,
Navin Pandya
Abhishek
08 April 2013 at 22:09
Dear Sir/Madam,
A week back I had received a job offer. A scanned copy of the offer letter was sent to my email and per return mail, I had accepted the offer. It was mentioned that after background verification, medical check etc., upon joining, a formal letter of Appointment will be given upon joining.
Now, based on current circumstances, I have decided not to join the organisation. I am planning to call them and inform that I will not be joining and have to decline the offer.
In the Offer Letter, they have mentioned - 'You are requested to join on XYZ date'. There is no indemnity clause for not being able to join. Moreover I have borne all the expenses of travelling out of station and face interview. I have not received any compensation or consideration from the organisation.
Can they take legal action against me for declining the offer after accepting it? And it has been just a week, so I am not wasting much of their time although they are in hurry to take someone on board?
Thanks.
NAVIN SURTI
08 April 2013 at 20:47
Dear Sir/Madam,
Below is the Final order of Divisional Bench of Bombay High Court.
My Query is as follow :-
1)For how long peroid comnay can keep this order without implementing Bombay High Court Order ?
2) When company will approch Supreme Court Of Indai ?
3) How will v understand that Company have approch Supreme Court ?
4) How to check in Supreme Court ?
5) what to do against non implementing of order ?
Thanks,
Navin
Bombay High Court
LPA.127.2008.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
LETTERS PATENT APPEAL NO. 127 OF 2008
IN
CIVIL WRIT PETITION NO. 3505 OF 2006
M/s. Modi Rubber Limited :Appellant
versus
Mr. B. Joseph and Ors. :Respondents
WITH
CIVIL APPLICATION NO. 208 OF 2007
IN
LETTERS PATENT APPEAL NO. 127 OF 2008
Mr. K. S. Bapat, with Mr. Jayesh Desai, i/b. M/s. Desai Desai
Associates, for the Appellant.
Mr. Y. M. Pendse, for the Respondents.
CORAM :- A.M.KHANWILKAR &
MRS.MRIDULA BHATKAR,JJ.
DATED :- NOVEMBER 27, 2012
P.C. :-
Heard Counsel for the parties. This Appeal takes
exception to the decision of the Learned Single Judge of this Court
dated 8th November, 2006, dismissing Writ Petition No. 3505 of
2006, which, in turn, took exception to the order passed by
Industrial Court, dated 25th August, 2005. The only point raised
before the Learned Single Judge, as can be discerned from the
Page 1 of 4
J.V.Salunke,PA
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Bombay High Court
LPA.127.2008.doc
Judgment under challenge, is that the Petitioner company being
sick industrial unit and its office at Mumbai was non functional,
the matter went by default and no evidence could be adduced on
behalf of the Petitioner company, in defence. This argument has
been negatived by the Learned Single Judge on the finding that no
evidence in that regard was produced before the Industrial Court
nor even a plea was taken by the Petitioner company before the
Industrial Court. As regards that opinion is concerned, the same is
unexceptionable. Even the Counsel for the Petitioner company, in
all fairness, submits that the said plea was taken by the Petitioner
company, for the first time, in the memo of Writ Petition, in
Paragraph 10 thereof. In Paragraph 10, it is asserted by the
Petitioner that the office at Mumbai was non functional and closed.
Not even a single employee was on the payroll of the employer.
Resultantly, no one deposed on behalf of the company, before the
Industrial Court.
2) Notably, the Petitioner company was represented by
Advocate, before the Industrial Court and the matter was
contested on behalf of the company by the Advocate. Nothing
prevented the Advocate for the Petitioner company to file formal
Page 2 of 4
J.V.Salunke,PA
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Bombay High Court
LPA.127.2008.doc
application pointing out the difficulty or inability in producing
witness to be examined on behalf of the Petitioner company, from
Mumbai. No affidavit of the Advocate has been filed in support
that he did not get any instructions from the Petitioner company at
all and proceeded with the matter on his own. No such stand has
been taken in the Writ Petition. In the circumstances, we find no
reason to deviate from the opinion recorded by the Learned Single
Judge, in rejecting the said contention raised for the first time, by
way of Writ Petition.
3) Counsel for the Appellant then submits that in any
case, there is one legal issue that needs to be considered in the
present Appeal. He submits that except the four Respondents
before this Court, all other workers have accepted the settlement
arrived at with them, respectively. As regards the four
Respondents in this Appeal, only one of them entered the witness
box. There is no evidence that each of the Respondent was
unemployed during the relevant period so as to become entitled
for the relief granted by the Industrial Court, as a matter of course.
According to him, it was necessary for the Industrial Court as also
to the Learned Single Judge to consider whether the four
Page 3 of 4
J.V.Salunke,PA
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Bombay High Court
LPA.127.2008.doc
Respondents in the present Appeal were entitled to get entire back
wages for the relevant period between 2001 till 2008, in absence
of such evidence. As regards this contention, it is noticed that no
such plea was taken before the Industrial Court. There is nothing
in the Judgment of the Industrial Court that the Petitioner
company resisted the relief as granted by the Industrial Court in
any manner, except on other issues. Moreover, no such plea has
been taken in the memo of Writ Petition, which was filed in this
Court; and considered by the Learned Single Judge. Notably, this
plea was not raised before the Learned Single Judge. The
Appellant company cannot be permitted to raise new grounds, for
the first time in the Letters Patent Appeal.
4) In the circumstances, this Appeal fails. The same is
dismissed. In view of dismissal of the Appeal, the Civil Application
is also disposed of.
(MRS.MRIDULA BHATKAR,J.) (A.M.KHANWILKAR,J.)
Page 4 of 4
J.V.Salunke,PA
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vinay
08 April 2013 at 16:00
what a college staff should do, if he/she is been molested and tortured, for birthday Gift contribution for college chairman's birthday and for dearth relief fund since its voluntary decision of the staff whether to contribute or not.
all staff's one day salary has been cutoff for dearth relief fund and in addition they are threaten by peon, if they do not additionally contribute for Birthday gift.
their one month "consolidated" salaries will not be paid.
vinay
08 April 2013 at 13:45
please tell what to do about action to be taken against harassing and abusing done to college staff for contribution money for birthday gift for chairman(who is a XYZ minister)and for water shortage affected people, for showing the Public as Good cause contribution for buying school note books and distributing them to public for public approval.
some of our college staff are been harassed via peons, for the contribution. one of the peon of the Administration Office has badly threatened some staff.
what action to be taken against this person. the Engg. College has a Principal (who is on long leave)and an Campus Director.
Ashish
07 April 2013 at 20:30
Hi,
I'm currently working at TCS, Gurgaon. I have been constantly harassed mentally during the year & has been victimized in the annual appraisal cycle, because of the ego problem of my senior. Due to this my appraisal has been screwed & my promotion due this year will get delayed.
The point of conflict is that, I refused to come on Weekends until my cab request is approved by them, which was taken as an ego issue by my senior. Whereas, other male & female team members of mine were approved of the cab, but I was denied(not given any reason for the same). I have the proof of it.
Also, they asked me to produce Medical certificate even for 1 day of sick leave, which is in violation of the TCS sick leave policy(which asks for MC for 3 or more days of leave). I have proof for this also.
They are trying to play with my career, keeping me till the last moment in the project & then releasing at just the appropriate time, so that they can screw my appraisal.
They have asked me to come on 26 Jan, I came & still they accuse me of my Unavailability for work.
Please guide me if I can approach labour court in such a scenario & under what sections can I get my case registered?
subhra
07 April 2013 at 09:36
My son was an Asstt.Manager(Engg) in Airports Authority of India had given his resignation notice on 28/06/2012 and its acceptance came through office order AAC/HRM/108/SUP/2615 Dated 14/08/2012 which was handed over to him on 22/08/2012. NOTICE PERIOD as per service condition was 01 month.
Again as per the headquarter letter vide no A39013/1/2012-EE Dtd. 26/07/2012 the acceptance of my son’s resignation came to Airport Director, Kolkata airport w.e.f 28/07/12 and it was kept in o/o Airport Director upto 22/08/2012 due to unknown reason.
Till date my son had not got the salary for 01/07/12 to 22/08/12
Can we lodge a criminal case against that airport director as it seems to be a willful violation of headquarter order with malafide intention ?.
Are we eligible to get any compensation for this deliberate har
Ganpath Dani
06 April 2013 at 22:28
Hello,
I joined an organisation on 31/12/2003 and my last working day was 17/10/2008. My total service to organisation was 4 years 10 months and 18 days. I understand that I am eligible for my Gratuity fund. However, my questions are
1. Since it has been almost 4 and half years that I have left this organisation, Can I apply my Gratuity now.
2. Should I ask my employer to process my gratuity fund or should I consult some one else in concern Gratuity (Govt)department.
2.I worked in Hyderabad location but head office is in Mumbai. Where should I apply?
Please help me with these questions.
Thanks.
venkatesh
06 April 2013 at 11:37
Dear Experts
This incidence happened almost 2 years back.When i was travelleing in bmtc bus conductor used some abusive words(it almost translates to son of prostitute).I raised a complaint againest him over bmtc online portal.but bmtc has not yet taken any action againest him. Even i cantacted their they said they will take some action.I have proof for my travel ticket and complaint acknowledge too. what legal action can be taken for this?
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Bad judgments remaining unchallenged
Dear Legal Experts,
Namaste!
Because of judicial corruption, there are bad judgments for litigations. If bad judgments remain uncontested & quoted in other matters, will it not be injustice? Are bad judgments are reported in Law Reports? Was IDA 315 of 1990, Labour Court, Mumbai was reported in Law Reports? Judgment in IDA 315 of 1990 by Labour Court Mumbai was bad judgment & my appeal against same in HC was dismissed by Justice Nishita Mhatre without going into merits of the case & using her discretion to condon delay.
Do victims of injustice have to suffer because of bad laws & bad judges?
Best regards,
Navin Pandya