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Queries Participated

jagadish paranjape   07 March 2023 at 14:54

Applicability of chapter va of i.d.act

One pethological lab. employing 5 employees wishes to close down.It is governed by Shops and Establishment Act in Madhya Pradesh.Will employer be required to pay closure compensation.

jagadish paranjape   07 March 2022 at 12:33

Change in service conditions

Establishment was employing 20 workmen and their demand relating to better service conditions was pending before the Industrial Tribunal.Packaging section of production dept.was closed by paying closure compensation to concerned.Will the action amount to change in service conditions within the meaning of Sec.33(1) of Industrial Dispute Act 1947.Support of citation would be appreciated.
Regards.

jagadish paranjape   02 September 2021 at 13:05

Representative of the workman in labour court

A person claiming to be a trade union leader has staged appearance in a reference under Industrial Dispute Act on behalf of the workman.He is member of the local Labour law practitioner's Association for past three decades and is practicing in labour court/Industrial Tribunals for long time.
Can he qualify to be called legal practitioner within the meaning of Sec.36(4) of the I.D. Act and need consent of the other side and permission of the court for appearance.
Regards.

jagadish paranjape   02 September 2021 at 12:44

Dismissal twice for single misconduct

Workman was charge sheeted for misconduct and after domestic enquiry his service was terminated.
Later his termination was revoked and he was permitted to join duty,which he did.
Later on after few days his service was again terminated on the basis of earlier enquiry.
Is action of the management justified.Any precedence for similar matter.
Regards.

jagadish paranjape   09 July 2021 at 10:54

Jurisdiction of armed forces tribunals in service matters

For speedy disposal of cases related to members of Armed Forces,special Tribunals were created.There are large number of ex.defence personnel, who avail benefits of defence canteens and ECHS service etc.Those services are not even remotely connected with service conditions of defence personnel.If any deficiency or discrimination is found in conduct of those services can concerned aggrieved person approach Consumer courts, Civil courts,High courts or compulsorily Armed Forces Tribunals are to be approached.The employees of defence canteens are civilians.In short scope and ambit of service matters for the purpose of Armed Forces Tribunals.
Warm Regards.

Anonymous   20 July 2020 at 09:54

Forfeiture of pension of govt.employees

Recently it is observed that many high level retired Govt. employees join political parties post retirement and criticise Govt. policies.Does it affect their pension .Will it amount to misconduct.for which pension can be withheld/reduced/forfeited.
Historically the pension was given for being loyal to crown..

jagadish paranjape   30 June 2020 at 11:23

Method of oral evidence

In courts the evidence of witnesses is taken in definite sequence.After examination of one witness,and after his cross examination the next witness is examined.This gives opportunity to parties to correct mistake committed by earlier witness in evidence of subsequent witness.Is there any bar to asking the parties to submit total evidence of all the witnesses at one time by Affidavits and then give an opportunity to opponent to cross examine the witnesses.This would considerably reduce the litigation time.

Anonymous   06 March 2020 at 17:44

Estoppel

In a matter court ordered reinstatement without back wages.Can the workman
join duty and challenge only that part of the order wherein back wages were denied.
In short is it permissible to accept favorable part of the order and challenge the
unfavorable part, or the order has to be accepted or challenged in totality.

jagadish paranjape   27 May 2017 at 12:10

Termination of service for criminal offence

On complaint by various persons the teacher was arrested for cheating and fraud and now released on bail.
If domestic enquiry is conducted, the witnesses are nor likely to be available being located in different cities.
Can the services be terminated without enquiry for indulging in acts involving moral turpitude.
Since no enquiry held can evidence be lead first time before school Tribunal.

jagadish paranjape   03 May 2017 at 13:14

Certified standing orders

The certifying officer under Industrial employment (Standing orders) Act 1946 certified the amendments to model standing orders after following procedure.The same was not challenged by union or workmen.
The same certifying officer cancelled the certification and directed the management to follow model standing orders.
Did certifying officer have power to cancel his order?
where does the remedy lie?writ petition or an Appeal to Industrial court?