Back
P. K. BALASUBRAMANYAN, H. K. SEMA
State of Punjab & Anr – Appellant
Versus
Balkaran Singh – Respondent
JUDGMENT
P.K. BALASUBRAMANYAN, J.
1.These appeals by special leave are by the State of Punjab and its Director of Agriculture. They challenge the judgments and decrees in three different suits filed by three officers of the Agricultural Department of the State, essentially claiming pay at enhanced scale in two of the suits and seniority over certain others in the third suit. Civil Appeal Nos. 5847 of 2005 and 5854 of 2005 go together and the issue involved in C.A. No. 5853 of 2005 is slightly different though based on the same claim. The suits were decreed by the trial court. The decrees were affirmed in appeal. The Second Appellate Court declined to interfere. Hence these appeals. C.A. NO. 5847 OF 2005
2.The respondent herein, hereinafter referred to as the plaintiff, filed Civil Suit No. 665 of 1993 on 20.12.1993 in the Court of Senior Subordinate Judge, Chandigarh praying for a declaration that the Office Order dated 13.3.1980 passed by the Director of Agriculture, Punjab in fixing the pay of the plaintiff in the scale of Rs. 940-1850/- instead of in the scale of Rs.1200-1850/- is illegal, null, void, arbitrary, without jurisdiction and against the principles of natural jus
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
