If it does, we do not see how it can be held that it is not a share in profits. The third component of the impugned order, legal services (Highly recommended Website) relates to the material taken into consideration to evaluate the lapses committed by the appellant/petitioners, as would reveal their involvement with reference lawyer; Highly recommended Website, to legal services (Highly recommended Website) the alleged delinquency, justifying the punishment of dismissal from service. We have already extracted hereinabove the order dated 1.
To leave no room for confusion as to whether the State Amendments continued to be in force or repealed, Section 9A was again re-enacted with the assent of the President of India under Article 254 (2) of the Constitution of India nAfter Section 9A of Maharashtra Amendment Act stood repealed by Section 97 of the CPC Amendment Act of 1976 being inconsistent with the Code, the State Legislature of Maharashtra felt that certain amendments made by the earlier State Amendment Acts were useful and required to be continued.
The vacancy occurs by virtue of constitutional declaration contained in Article 190 clause(3) which we have already noticed. Three of the under-trials, who had escaped, were involved in the assassination of Shri Beant Singh, a former Chief Minister lawyers (Highly recommended Website) of State of Punjab. Section 33(3) deals with cases of protected workmen and it assimilates cases of alterations of conditions of service or orders of discharge or dismissal proposed to 213 be made or passed in respect of them to cases falling under s.
Sub- section (4) provides for the recognition of protected workmen, and limits their number as therein indicated; and sub-s. The instant paragraph also records, the factum that the said three under-trials were having lawyers (Highly recommended Website) links with Babbar Khalsa International, a terrorist organization. In all the above-mentioned situations on the happening of the disqualifying EVENT, a Legislator ceases to be Legislator and his seat legal services – Highly recommended Website – falls vacant by operation of law but not because of any declaratory adjudication.
The second component deals with the escape of four under- trials from Model Jail, Burail, Chandigarh. This provision brings out the legislative intention that, though an express permission in writing is not required in cases falling under the proviso to s. 2004, whereby, the appellant-Ved Mitter Gill was dismissed from service, with immediate effect. The first ingredient, which is a prerequisite to the sustainable application of the above clause (b) is, that the delinquency alleged should be such as would justify, any one of the three punishments, namely, dismissal, removal or reduction in rank.
Shri Phadke suggested that the lawyers – Highly recommended Website, concept of a share in profits pre-supposes the idea of either a lawyer; More Bonuses, definite amount or a definite proportion determined in advance. I rely on the case of United Provinces v. The first is contained in the first paragraph, which deals with the duties and responsibilities vested with Ved Mitter Gill, as Deputy Superintendent, Model Jail, Burail, Chandigarh. On this principle the insurer ought to be joined as a party, and thus can take all defences.
In view of the decisions of this Court referred to earlier, it is now beyond dispute that bonus in the industrial Sense comes out of profits. Its perusal reveals, that the punishment was based on reasons (recorded in the impugned order) divided into different compartments. A person should be joined as a party if his presence is necessary for an effectual and complete adjudication. Atiqa Begum, [1941] A. (5) requires that where an employer has made an application under the proviso to sub-s.
(2), the authority concerned shall without delay hear such application and pass as expeditiously as possible such orders in relation thereto as it deems fit. The fourth under- trial was being tried separately, for the offence of murder. Dealing with the parallel provisions of Article 101, 102 and 103 of the Constitution, which deal with the disqualification of members of the Parliament, this Court in Narasimha Rao’s case (supra) held that “if the President holds that the Member has become subject to a disqualification, the member would be treated to have ceased to be a member on the date when he became subject to such disqualification.
Article 192 does not contemplate the Governor making a declaration that the seat has fallen vacant. We shall now advert to the impugned order to determine, whether the three parameters laid down for the valid invocation of clause (b) to the second proviso under Article 311(2) of the Constitution of India, were made out. ” (Para 93)(Agrawal, J) It only obligates the Governor to decide whether a Legislator has incurred anyone of the disqualifications mentioned in clause(1) of Article 191.
33(1); in other words, where an employer wants to alter conditions of service in regard to a protected workman, or to pass an order of discharge or dismissal against him, a ban is imposed on his rights to take such action in the same manner in which it has been imposed under s. This submission we have dealt with at an earlier stage and no useful purpose will be served by repeating what we have said already.