DELHI HIGH COURT
SANJIV KHANNA, CHANDER SHEKHAR
Allied ICD Services Ltd. – Appellant
Versus
Union of India – Respondent
JUDGMENT
Chander Shekhar, J. This common judgment will dispose of the aforestated four writ petitions filed by different petitioners seeking similar reliefs. Petitioners have prayed for a writ, order or direction to declare levy and collection of cost recovery charges for posting of and work performed by the custom officers and staff at the Inland Container Depots (ICDs)/Container Freight Stations (CFSs)/Air Cargo Complexes (ACCs)/Export Processing Zones (EPZs) of the petitioners at Durgapur, Jodhpur, Sanand and Jaipur respectively, as wholly illegal, unlawful, null and void. The petitioners seek direction that the respondents should refund all the charges collected from them since inception. Another prayer made is for quashing of the demands issued for recovery of cost of custom staff at the rate of 1.85 times the salary of the custom staff posted at the respective ICDs/CFSs/ACCs/EPZs. It is also prayed that the Union of India should frame a policy to appoint and post custom officers at the ICDs/CFSs/ACCs/EPZs of the petitioners on non-cost recovery basis.
Additionally prayer in W.P.(C) No. 13770/2009, W.P.(C) No. 3912/2010 and W.P.(C) No. 6543 of 2010 is for the quashing of Guide
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.