Chhattisgarh High Court

Labour Officer under Chhattisgarh Industrial Relations Act, 1960 has no jurisdiction to adjudicate rights of employee U/s. 30 (6) (b) of Act

ISS SDB Security Services Pvt. Ltd., Vs Assistant Labour Commissioner, (Chhattisgarh High Court)

A conjoint reading of Sections 13, 15 and 17 of the Chhattisgarh Industrial Employment (Standing Orders) Act, 1961 makes it amply clear that the powers of Inspectors under the said Act are not adjudicatory and the Inspectors are not authorized to undertake the exercise of adjudication of the disputes, particularly the disputes regarding a...

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Civil Procedure code do not stricto sensu apply to industrial adjudication

Himalaya Drugs Company Trademark Vs Shalaj Nathaniel (Chhattisgarh High Court)

Provisions of the Code Code of Civil Procedure do not stricto sensu apply to industrial adjudication, even under the Code, after the Amendment Act, 1976, the normal rule is to decide all the issues together in a civil suit....

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A candidate whose nomination paper was rejected, cannot file election petition

Yogita Singh Tanwar vs State Of Chhattisgarh & others (Chhattisgarh High Court)

Chhattisgarh High Court held in the case of Yogita Singh Tanwar vs State Of Chhattisgarh & others that When election has not taken place, a candidate whose nomination paper was rejected, cannot file an election petition under Section 122 of the Panchayat Raj Adhiniyam. Writ Petition is maintainable to challenge rejection of nomination pap...

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Delayed disclosure of alleged extra judicial confession makes evidence untrustworthy

Radheshyam Kashyap alias Radhe Vs The State Of Chhattisgarh (Chhattisgarh High Court)

It is equally settled that circumstantial evidence in the nature of extra judicial confession is always considered to be a weak type of evidence, therefore, conviction on such evidence can form basis if it passes the test of credibility and the Court is fully convinced that the extra judicial confession is made voluntary in fit state of m...

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National Coal Wage Agreement is a settlement U/s. 2(P) of ID Act 1947

Avinash Saloman, Vs South Eastern Coalfields Limited, (Chhattisgarh High Court)

Thus, on the basis of aforesaid decision, it is quite vivid that National Coal Wage Agreement is a settlement within the meaning of Section 2(p) of the ID Act and is binding as provided under Section 18(3) of the ID Act and having force of law and to continue to remain in force unless the same is altered/modified or substituted by another...

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Gratuity is property under Article 300-A of Indian Constitution

Ramlal Sharma Vs State of Chhattisgarh (Chhatisgarh High Court)

In the matter of State of Jharkhand and others v. Jitendra Kumar Srivastava and another1 , it has been held by Their Lordships of the Supreme Court that gratuity and pension are not bounty and it is thus a hard earned benefit which accrues to an employee and is in the nature of property. ...

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Determination of caste status can be done only by Caste Scrutiny Committee

Virodhan Ram, Vs State of Chhattisgarh, (Chhatitisgarh High Court)

The Supreme Court in the matter of Madhuri Patil v. Commissioner, Tribal Development5 formulated scheme for verification of tribal status and held that any application for verification of her tribal status as a scheduled tribe should be carried out by such committee and issued direction for issuance of social caste certificate, their scru...

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Not considering married daughter for Compassionate appointment is violative of Constitution

Smt. Sarojni Bhoi Vs State of Chhattisgarh, (Chhattisgarh High Court)

HC held that Policy of Compassionate appointment excluding married daughter for consideration is a retrograde policy of Welfare State and violative of Article 16(2) of the Constitution. ...

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Rehabilitation benefit cannot be denied to married daughter by Govt

Smt. Sadhna Bai, Vs State of Chhattisgarh, (Chhattisgarh High Court)

Chhattisgarh High Court held that Denial of benefit of rehabilitation, which includes employment, to a married daughter of affected family is violative of Articles 14 and 15 of the Constitution of India....

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HC on compensation for reduced area than area actually used by Govt.

Dulari Bai Vs State of Chhattisgarh & others (Chhattisgarh High Court)

Petitioner owns an area admeasuring 2.00 acres bearing khasra No.266 & 267 at village Palod, PH No.69/18 RI Block Mandir Hasod, Tahsil Arang, District Raipur. A part of the said area belonging to the petitioner has been used for construction of road by the Naya Raipur Development Authority (NRDA)...

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