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J. J. MUNIR
Hindustan Aeronautics Limited – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
J.J. MUNIR, J.
1. This writ petition has been filed, challenging an order passed by the Labour commissioner, U.P. Kanpur dated 05.05.2020 and a notice dated 03.07.2020 issued by the Presiding Officer, Labour Court (3) U.P. Kanpur, in Adjudication Case No. 115 of 2020.
2. In compliance with the order dated 07.12.2020, a better affidavit has been filed by Mr. Mahadeo N. Bobde, presently a Member (Judicial), Board of Revenue at Lucknow and formerly, the Labour Commissioner, U.P. Kanpur Nagar. By an earlier order dated 26.11.2020, the named officer was required to file a personal affidavit for the reasons indicated therein. He filed a personal affidavit on 07.12.2020. It was not found satisfactory. He was granted an opportunity to file a better affidavit. The affidavit dated 16.12.2020 has been filed, in compliance with the order dated 07.12.2020, as already indicated.
3. The explanation offered by Mr. Mahadeo N. Bobde is accepted.
4. Notice was issued to respondent no. 4, in compliance with this Court's order, by speed post, bearing Consignment No. EU296438326IN, which has been delivered to the fourth respondent on 01.12.2020. It is so indicated in the Office Report dated 05.12.
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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