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SUPREME COURT OF INDIA
R.C. Lahoti, CJI., Arun Kumar, G.P. Mathur, C.K. Thakker, P.K. Balasubramanyan, JJ.
Secy., State Of Karnataka & Ors. - Appellants
Versus
Umadevi & Ors.. - Respondents
C.A. Nos. 3595-3612 of 1999 with C.A. NOs. 1861-2063 of 2001, C.A. No. 3849 of 2001. S.L.P (C) Nos. 9103-9105 of 2001, C.A. Nos. 3520-3524 of 2002
Decided On : 28-10-2005
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ORDER :
1. There are questions relating to service jurisprudence calling for a more detailed hearing in view of the far reaching implications and ramifications. Some of the issues are as under:
2. What is the distinction between regularisation and confirmation or permanence in service jurisdiction?
3. Can the Court in exercise of its writ jurisdiction direct regularisation or absorption in service though there are 110 posts or vacancies available for being filled up?
4. To what extent the appointments made dehors the service rules or in breach of statutory provisions contained in the Act or Rules can be recognised by the Courts and accorded judicial approval?
2. Let these matters be posted for hearing afresh on the above issues and such other related issues as may arise for consideration during the course of hearing.
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.
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