S. TALAPATRA
Lokesh Debnath, son of Arun Debnath – Appellant
Versus
State of Tripura, (to be represented by the Secretary, Department of Finance – Respondent
Heard Mr. K. Nath, learned counsel appearing for the petitioners. Also heard Mr. D. Sharma, learned Addl. G.A. appearing for the respondents No.1, 2, 3 and 4 and Mr. K. K. Pal, learned counsel appearing for the respondent No.5, Director General of ESI Corporation.
2. All these writ petitions being WP(C) No.06 of 2017 (Sri Lokesh Debnath Vs. The State of Tripura), WP(C) No.07 of 2017 (Sri Manoj Debbarma Vs. The State of Tripura), WP(C) No.08 of 2017 (Smt. Swapna Rani Acharjee Vs. The State of Tripura), WP(C) No.09 of 2017 (Sri Sudip Chakraborty Vs. The State of Tripura), WP(C) No.10 of 2017 (Sri Partha Deb Vs. The State of Tripura), WP(C) No.11 of 2017 (Sri Prasanta Saha Vs. The State of Tripura) and WP(C) No.12 of 2017 (Smt. Tanuja Debbarma Vs. The State of Tripura) are combined for disposal by a common judgment inasmuch as in all these writ petitions, Memorandum under No.F.3(7)/ESTT/ESI/AGT/09/5063-68 dated 18.05.2016 (Annexure-P/20) has been challenged. For purpose of reference the entire text of the said Memorandum dated 18.05.2016 is extracted hereunder:
GOV
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.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
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.