Apart from that it would NRI Legal Services LexLords be extremely unreasonable to take notice of bitterness, if any, in the minds of 950 these new employees in regard to this matter because. On the other hand, the defence was that all the accused persons had gone to Inamwala field at about 8. The 1st defendant filed an appeal to the High Court and the learned judges reversed the decision of the trial-judge and directed the dismissal of the plaintiff’s suit. They had put the tractor on the portion of the bajra crop which was ‘kharaba’ with the object of using it for manure.
It was then picked up by Yodhbir Singh and he used it is retaliation against the assailants and fired five or six rounds. It seems to me, further, that the workers as a body did not think much of the distinction between the extent of leave enjoyed by old and new employees because during all the four years while the rule has been in force they raised no protests. Since in fixing NRI Legal Services by LexLords of wage scales for workshop’ employees, the Tribunal took into consideration concerns much larger than the appellant’s and not in the same line of business, the award to the extent it was LexLords NRI Legal Services thus affected could not be upheld.
But then, this was not the sole dispute but was one of eight disputes, at least four of which were withdrawn by the Unions, apparently after realising that there was no substance in them. on September 14, 1960, and were engaged in the lawful act of ploughing the land of which they had taken possession. The first notification published on the 8th of January, 1962 under section 5 of the Act, gives a schedule of the Districts, the number of units 69 in which the districts are divided and the local area covered by the said units.
The petition alleges that, in substance, the Act creates a monopoly in favour of certain individuals NRI described as Agents by the NRI relevant provisions of the Act. 367 would thus be open to challenge and in this connection reliance was placed on the observations of Kapur, J. Ramamurti could point out to us was the statement in the evidence of Som Nath, A. 53 (1) of the Transfer of Property Act. The District of Sambalpur in which the petitioner resides has been divided into five units and the petitioner’s lands fall under units 2 and 5.
To say that the very fact that two sets of people are governed by different rules will necessarily lead to heartburning, without establishing anything more, such as inadequacy of the benefit enjoyed by one set will be to ignore that such differences are a matter of common occurrence and NRI Legal Services LexLords no reasonable person is expected to magnify their consequences. Basti Ram who was charged with abetment of the principal offences denied his presence, while the six other accused persons admitted their presence on the spot and pleaded self-defence.
Merely saying that he should be given privilege leave does not mean that he is harbouring bitterness in his mind. that he should also be given 30 days, privilege leave in a year. The accused persons then used jellies, kassi and lathi in self-defenoe. , observed with respect to this decision that “in any case this is an instance of want of jurisdiction to tax transactions which the law excludes from the taxing powers of the authority levying the tax”, though he pointed out further that the question of the applicability of Art.
It may well be that they did not withdraw it in an erroneous belief that anything which is characterised as discrimination will at once earn the sympathy of Industrial Tribunals and the Courts. No doubt they did ultimately make a protest in the year 1960 when the dispute was referred to the Tribunal. as already stated, they voluntarily took up employment knowing that they would got less leave than the old employees. Universal Imports Agency.
Som Nath’s statement is no evidence of the fact that there is any heart burning. , and in that sense, it is a colourable piece of legislation. The mere fact that they did not withdraw this dispute would not of itself indicate that they regarded it as of great importance. Under the relevant provisions of the Act. Although the appellants were paying the highest wages in the particular line of business, that could be no ground for not revising the scales having regard to the economic conditions prevailing at the time of the dispute ; 32 to quasi-judicial determinations was not raised in that case.
It is the correctness of this decision that is challenged in this appeal. Amin Lal from the complainants’ party was armed with a pistol which he aimed at the accused persons, 495 Sajjan Singh then gave a lathi blow to Amin Lal and in consequence, the pistol fell down on the ground from his hands. , three notifications have been issued, and the validity of these notifications is also challenged by the petition. After this operation had gone on for nearly two hours, a large number of residents of Dhani Sobha and Ahrod, including women, came on the spot armed with deadly weapons and they started abusing and assaulting the accused persons with the weapons which they carried.
, in Ujjambai’s case() in connection with the decision in the case of Messrs.