NRI Legal Services No Further A Mystery By LexLords Reviews

Four of them were employees of a company called the Indian Iron it emphasises that the real discharge had already taken place. It will, for example, plainly make no sense to say that because for employment as professors of colleges, a higher University degree is required than for employment as teachers of schools, equality of opportunity is being denied. The Judgment of the Court was delivered by SARKAR J.

If during the pendency of such an appeal parties interested agree that any matter in difference between them in the appeal should be referred to arbitration the first two conditions of the section are, satisfied. As can be seen from Section 32 sub-sections (3) and (4), the Board may authorize any person to perform any of the NRI Legal Services (look at this web-site) mentioned in sub-section (1) of the said Section which includes landing of goods at wharves. In the trial court the appellants had filed two similar applications under 0.

In considering this question it would be relevant and material to take notice of the fact that prior to the passing of the Act in 1940 the longstanding practice of Indian courts was to refer to arbitration disputes pending before the appellate court between the respective parties to the appeals. " It may be noticed that the learned District Judge did not scrutinize the signatures with the help of the expert's evidence, and has not expressed any considered view thereon.

The opinion of the expert does not carry conviction and is not corroborated by circumstances. It is clear that as between the members of the same class the question whether conditions of service are the same or not may well arise. 3; but they had been rejected by the trial court; these orders had given rise to two appeals in the High Court, C. We asked Shri Adhyaru to show us where such authority is given and his reply was only that it was given under the self-same agreement referred to hereinabove.

He met the workers and on April 21, 1953, that is, after the termination of the first of the two strikes, suggested certain terms for the settlement of the dispute. Was such a revolution really intended ? We are afraid that we are unable to agree with Shri Adhyaru. The authority given to perform any of the NRI Legal Services must first and foremost be under terms and conditions as may be agreed upon by the Board and the private person.

What had happened was that the Labour Minister of the Government of West Bengal had intervened in the dispute between the Company and its workers. Similarly it is meaningless to say that unless persons who have obtained employment as school teachers, have the same chances of promotion as persons who have obtained employment as teachers in colleges, equality of opportunity is denied. Having regard to the fact that the words used in s. If the object of enacting s.

21 was to prohibit such reference at the appellate stage it would, as the High Court has observed, cause " a revolution in the existing practice ". " The circumstances which led to the issuing of the notice of April 25 also show that the workers had actually been discharged on April 10. We may also state that it has not NRI Legal Services been contended before us that there can be no discharge till a worker's name is removed from the roll and, without more, we do not think that we would have accepted that contention if made.

The farkatnama was found to be genuine in the previous litigation. If they are not, the question of denial of equal opportunity will require serious consideration in such cases. 21 was enacted did Legislature intend that during the pendency of the appeal no reference should be made even if the parties satisfied the first two conditions prescribed by the section ? 11, paragraph 1, of the earlier Code, it would be difficult to to sustain the plea that the enactment of s. Does the concept of equal opportunity in matters of employment apply, however, to variations in provisions as between members of different classes of employees under the State?

The concept of equality can NRI Legal Services (go right here) have no existence except with reference to matters which are common as between individuals, between whom equality is predicated. The decision of the appeal can materially affect the nature and effect of the decree under appeal ; and there is no doubt that all the points raised for the decision of the appellate court can be and often are points in difference between them in the suit; and, in that sense, despite the decision of the trial court the same points of difference in suit continue between the parties before the appellate court.

21 was intended to bring about such a violent departure from the existing practice. -There are five appellants before us. In our opinion, the answer must be in the 316 negative. " The expert examined the admitted signatures on document executed in the years 1903 and 1904 while 264 the disputed document was executed in the year 1898. The removal of the name of a worker from the roll follows his discharge and that is 42 326 what was meant by the statement in the notice " that the formal discharge had been kept pending.

21 are substantially the same as those used in Sch. 230 If that be so, during the pendency of the appeal can it not be said that matters in difference between the parties in suit continue to be matters in dispute in appeal? Equality of opportunity in matters of employment can be predicated only as between persons, who are either seeking the same employment, or have obtained the same employment.