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17 Nov

“Challenging Termination: A Writ Petition under Articles 226 and 227 in the Face of Industrial Court Judgment”

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Title: Dattaprasad Narayan Kulkarni vs. M/s. Auchtel Products Ltd.

Citation: W.P NO. 3008 OF 2019

Coram: Justice MILAND N. JADHAV

Decided on: 07-11-2023

Introduction:

The Writ Petition has been filed under Articles 226 and 227 of the Constitution of India, challenging the common judgment dated 01.04.2017 by the Industrial Court No.1 in Kolhapur. The petitioner, represented by Mr. Koregave, seeks to contest the decision rendered in Revision (ULP) Nos. 90 of 2014 and 131 of 2014. The nature of the case involves a dispute related to the termination of the petitioner’s services, and the writ has been filed to challenge and seek relief from the mentioned judgment.

Facts:

In this case, the petitioner, employed as a Technical Officer with the respondent company, faced charges of chronic absenteeism. The company issued a charge sheet in 2001, citing instances of unauthorized absence in previous years. The labour court initially directed reinstatement with compensation, but the industrial court set aside this decision, emphasizing the legality of the enquiry proceedings. The petitioner’s admission of engaging in a milk business during unauthorised absence influenced the denial of back wages. The court deemed the termination justified, citing chronic absenteeism and lack of improvement despite warnings. The medical certificates provided were considered insufficient to support claims of illness. Ultimately, the court found the lumpsum compensation awarded by the labour court to be illegal and arbitrary.

Judgement analysis:

In the judgment, the court concludes that the termination of the petitioner’s services by the respondent company was justified and not deemed as an ‘unfair labour practice.’ The court criticizes the labour court’s decision to grant one-time compensation to the petitioner for denying back wages, deeming it erroneous and unsustainable in law. It commends the industrial court for rightly interfering in its revisional jurisdiction, ultimately dismissing the petitioner’s complaint. The judge expresses complete agreement with the industrial court’s findings, upholding the judgment in its entirety. The court states that there is no reason to interfere with the industrial court’s decision, citing the cogency and correctness of the reasons recorded in paragraphs 10 to 18. As a result, the writ petition is dismissed without imposing any costs.

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Written By: Gauri Joshi

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17 Nov

High Court of Madars observation on complaint lodged for the offences under Section 276CC of Income Tax Act, 1961 for non-filing of the income tax return.

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High Court of Madras observation on complaint lodged for the offences under Section 276CC of Income Tax Act, 1961 for non-filing of the income tax return.

Title : R.P.Darrmalingam v. Assistant Commissioner of Income Tax

Case No. : Crl.M.P.No.16630 of 2018

Decided on : 09.11.2023.

CORAM : THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

Introduction

Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records relating to EOCC.No.574 of 2017 on the file of the Additional Chief Metropolitan Magistrate, (Economic Offences), Egmore, Chennai and to quash the same.

Fact of the Case

This criminal original petition has been filed to quash the proceedings in EOCC.No.574 of 2017 on the file of the Additional Chief Metropolitan Magistrate, (Economic Offences), Egmore, Chennai taken cognizance for the offence punishable under Section 276CC of Income Tax Act, 1961.

The respondent lodged complaint for the offences under Section 276CC of Income Tax Act, 1961 for non filing of the income tax return for the assessment year 2012-2013. The crux of the complaint is that the accused is an assessed on the file of the respondent.

Judgment and Case Analysis

No quarrel that once the assessment officer accepts the revised return filed under Section 153A, the original return filed under Section 139 abates and becomes non est. Therefore, no penalty can be levied under Section 271(1)(c) of the Income Tax Act. Whereas in the case on hand, there was concealment by the petitioner while filing his first return of income for the assessment year 2012-2013. In fact, the levying of penalty was already dropped in view of the order passed by the tribunal. However, the petitioner is now facing prosecution under Section 276CC of Income Tax Act. That apart, the mens rea of the petitioner is clearly established by the respondent and as such, the above judgment is also not helpful to the case on hand.

Written by Nimisha Sunny

17 Nov

High Court of Madars regarding the writ petition on selection process of the Assistant surgeon (general).

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High Court of Madaras regarding the writ petition on selection process of the Assistant surgeon (general).

Title : Dr.D.Hariharan v. The Union of India

Case No. : W.P.No.25827 of 2023

CORAM : THE HON’BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

Decided on : 16.11.2023.

Introduction

Writ Petition under Article 226 of the Constitution of India praying for a Writ of Declaration declaring G.O. (Ms).No.278, dated 17.08.2023 issued by the second respondent and the consequential letter bearing Ref No.081353/ME2/1/2023, dated 23.08.2023, issued by the 3rd respondent as illegitimate, illegal and ultra vires the Constitution of India.

Fact of the Case

On 11.10.2022, the Medical Services Recruitment Board (MRB), Government of Tamil Nadu, issued Notification No.11/MRB/2022, in and by which, it invited applications for direct recruitment to 1021 vacancies in the post of Assistant Surgeon (General) in the scale of pay of Rs.56,100-1,77,500. The selection was by a process of written examination consisting of two papers, namely, Tamil Language Test and the Main Paper. All the writ petitioners had applied and participated in the selection process. The examination was conducted on 25.04.2023. On 23.06.2023, the Tamil Eligibility Test Result and the Final Answer Keys were released by the MRB. The objections to the key answers were also considered and the keys are finalised.

Judgment and Analysis

Court do not find any error in the Government Order in G.O. (Ms).No.278, dated 17.08.2023 and it is only the interpretation given by the officials in the consequential order impugned in the Writ Petition, dated 23.08.2023 so as to construe the Government Order as excluding the Postgraduate on the ground that it is part of the training period is not in order. Besides, this incentive should doubly count in public interest also as these candidates are already post-graduates.

The Post-Graduate students in Government Hospitals will also be eligible for the incentive marks and consequently, quash the impugned letter bearing reference No.081353 / ME2 / 1 / 2023, dated 23.08.2023.

Written by Nimisha Sunny

17 Nov

The Kerala High Court rejected the vote of supposedly self-selected candidate cites ambiguity/uncertainty in ballot paper

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Title: Bastin Babu v. State of Kerala
Decided on: 15 November, 2023

+ WP (C) No. 18229 of 2023

CORAM: HON’BLE Justice Bechu Kurian Thomas
Introduction

The Kerala High Court noted that the voter’s purpose was determined by the ballot paper and not by any prior or subsequent expressions when it denied a voter who was also a candidate. The voter said that since he cast his ballot for himself, it should be accepted.

Facts of the Case

The petitioner and the sixth respondent, who were running for the position of chairman of the Cochin Corporation’s Standing Committee on Education and Sports, made an accusation against each other, which the court was reviewing. They were both Cochin Corporation council members. As a candidate, the petitioner claimed that the sixth respondent had not properly voted for himself in accordance with Rule 11 of the Kerala Municipality Standing Committee Rules, 2000. The returning officer declined to take the accusations into consideration, despite them being made during the election. The sixth respondent received four votes out of the seven total that were counted, and they were elected. The petitioner used the Right to Information Act to get copies of the ballot papers and then filed the writ petition. According to the petitioner, the sixth respondent did not cast their vote in accordance with Rule 11’s guidelines. The election process for the Chairman was outlined in Rule 11. Members are required by law to cast their votes by writing a ‘X’ next to the candidate’s name on the ballot. The voter next has to sign his name and paste his signature on the back of the ballot paper.

Courts analysis and decision

The petitioner’s name and the name of the sixth respondent were marked on the ballot, the court observed after looking through it. It was mentioned that although Rule 11 required the alphabet “X” to be indicated, the sixth respondent’s marked sign was unclear and did not resemble the alphabet “X.” Consequently, the Court denied the sixth respondent’s vote and granted the writ petition. Additionally, it overturned the choice of the sixth respondent to lead the Cochin Corporation’s Standing Committee on Sports and Education.

Written by- Hargunn Kaur Makhija

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17 Nov

The Kerala High Court orders Medical Board Constitution to take into account 22-year-old law student’s request for scribe because of fibromyalgia

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Title: Abitha P. Sunil v. State of Kerala
Decided on: 15 November, 2023

+ WP(C) NO. 37824 OF 2023(C)

CORAM: HON’BLE Justice T. R. Ravi
Introduction

The District Medical Officer, Thrissur (DMO) and the Superintendent of the Thrissur General Hospital were instructed by the Kerala High Court to form a Medical Board to review the request of a 22-year-old law student who wants to get a certificate so she can use a scribe to help her write her upcoming exams.

Facts of the Case

The student, who is enrolled in Government Law College, Thrissur’s five-year integrated LL.B. programme and is currently in her tenth semester, claimed to have chronic fibromyalgia, a condition marked by diffuse musculoskeletal discomfort. She stated that the illness results in excruciating pain and weakness, which interferes with her day-to-day activities. She also claimed that the pain and weakness greatly slows down her writing when she is doing tasks. The petitioner made arguments before the college principal and the controller of examinations, requesting a scribe to help write the exam, in light of the university’s notification that the seventh semester will begin on November 20, 2023. However, the petitioner was advised by the authorities that in order to hire a scribe, she would need to get a certificate from the Medical Board that was established at the District Hospital in Thrissur. Given that the examination is scheduled to begin shortly, she thus addressed the court to request that the respondents give prompt consideration to her request and establish a medical board for the purpose of issuing the necessary certificates.

Courts analysis and decision

In order to allow the petitioner to obtain a scribe for the exams, which are scheduled to begin on November 20, 2023, the court issued an interim directive to respondents 5 and 6 instructing them to take into consideration Exts. P7 and P8, form a Medical Board, and issue the necessary Certificate to the petitioner. Permits must be obtained by November 18, 2023, at the latest.

Written by- Hargunn Kaur Makhija

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