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DELHI HIGH COURT
C.HARI SHANKAR
Dinesh Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. The candidature of the petitioner, who stood first in the merit list, in the selection, for the post of Management Trainee (Technical) in the Central Warehousing Corporation (hereinafter referred to as "CWC" - Respondent No. 2 herein), was cancelled vide order dated 30th September, 2015, which read thus:
"...Sir, please refer to your grievance petitioner forwarded by Ministry vide reference cited above. In this regard, it is to inform that the Caste Certificate submitted by you was issued by Nayab Tehsildar whereas as per DOPT letter No.36012/22/93-Estt(SCT) dated 15.11.1993 officer authorised to issue Caste Certificate of OBC should not be below the rank of Tehsildar. Your submission that Nayab Tehsildar has been authorized to issue Caste Certificate is wrong as Haryana Govt. authorised Nayab Tehsildar - cum - Executive Magistrate. Whereas the Caste Certificate submitted by you has stamp of only Nayab Tehsildar and not Nayab Tehsildar cum Executive Magistrate. In view of the above, it is not possible to consider your request. Yours faithfully, (Amit Goel) Asstt. Gen. Manager (Estt./IL)"
(Emphasis supplied)
2. The petitioner, in this writ petition, seeks quashing of
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.
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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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