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T.NANDAKUMAR SINGH
Giliancy Jyrwa – Appellant
Versus
State of Meghalaya – Respondent
Judgment
T. Nandakumar Singh, J.1. Heard Mr. K CH Gautam, learned counsel for the petitioners and Mr. ND Chullai, learned Sr. GA assisted by Mr. KP Bhattacharjee, learned GA appearing for the respondents No. 1-4.
2. For disposing of the present writ petition in the manner indicated below, service of notice to the respondents No. 5-15 may not be required.
3. The fact sufficient for deciding the present writ petition is briefly noted. The petitioners 5(five) in numbers are still serving as Muster Roll Workers in the Office of the Executive Engineer PWD (Roads) Shillong South Division, Shillong. The dates of their appointments as Muster Roll Workers are clearly mentioned in Para 2 of the present writ petition. The date of joining, seniority and length of service of the petitioners are as follows:-
It is the further case of the petitioners that they have been continuously discharging their duties as Muster Roll Workers without any break from the dates of their appointments indicated above. The Govt. of Meghalaya, Personnel & Administrative Reforms (B) Department issued an Office Memorandum being No. PER(AR)36/95/70 dated Shillong, the 16.09.1996; and the said Office Memorandum dated 16.09.
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.
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