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Y. K. SABHARWAL, C. K. THAKKER, R. V. RAVEENDRAN
Mukund Swarup Mishra – Appellant
Versus
Union of India – Respondent
JUDGMENT
C.K. Thakker, J.—Interim applications have been filed by the applicants who are aggrieved by the Report made by a Committee appointed by this Court while dealing with and deciding transferred cases in Onkar Lal Bajaj & Others v. Union of India & Another, (2003) 2 SCC 673.
2. It may be stated that a news item appeared in Indian Express dated August 2, 2002 alleging political patronaze in allotment of retail outlets of petroleum products, LPG distributorship and SKO-LDO dealership. Between August 2 and August 5, 2002, certain names were published by the said newspaper and it was stated that without following guidelines, dealers/distributors were appointed on the basis of political patronaze/linkage. A question was also raised in Parliament. Consequent upon criticism by the Press and Parliament, cases were reviewed on August 5, 2002 by the then Prime Minister. The Deputy Prime Minister, Minister of Petroleum & Natural Gas and Minister of Parliamentary Affairs also participated in the review process. In view of the controversy in allotment, the Prime Minister directed the Ministry of Petroleum & Natural Gas to cancel all allotments made with effect from January, 2000 till date.
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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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