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Intellectual Property: Registration and Effects
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:20:33
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:47:16
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:10:41
by: Adv. Kishan Dutt Kalaskar 2023-02-03 22:32:13
by: Admin 2023-02-01 16:45:35
Intellectual Property: Registration and Effects
Clearance to get a Passport and Visa during the pendency of Criminal Cases
Summary of the Payment and Settlement System Act, 2007
Procedure to track court cases online
Key Features of Union Budget 2023
Top 10 reasons to hire a Civil Lawyer
5 Benefits Of Hiring A Business Lawyer When Starting Your Company
Top 5 Reasons Why You Should Consult A Banking Lawyer
10 Things to Consider Before Hiring an Accident Lawyer
Payment Recovery Process
Analyzing legal and security issues in cyber contracts (E - contracts)
Discharging and Quashing in Criminal Cases
Legal compliances for online shopping sites in India
How to select a Lawyer
Supreme Court Judgments 2022
Maternity Benefit Act 1961, at a Glance
Modes of Recording Accepted by Court
Essential elements of a sale under the Transfer of Property Act
Compensation in Motor Vehicle Accident Cases
Is it important to respond to a summon?
Analysis of Section 18 of Limitation Act, 1963
Fresh period of Limitation
The breakdown of the doctrine of Res-Judicat
Impact Of Supreme Court Ruling
Analysis of Employees Provident Fund and Miscellaneous Provisions Act
How is 'BLACK MAGIC' governed in India
Different Identities of an NDA
Breaking down the requirements of becoming a Public Prosecutor in India.
Mohan Breweries & Distilleries V/s Commercial Tax officer, Madras
Kavita Kanwar Vs. Mrs Pamela Mehta & Ors
Entry into Judiciary: Minimum required Qualifications
Law of Retrenchment
Grounds for refusal of a Trademark Application
Early disposal of pending cases by the High Court
Parminder Kaur V/s State of Punjab
Central Bank of India V/s M/S Maruti Acetylene Co. Ltd.
Goan Real Estate and Construction Ltd. And Anr. V/s Union of India
Raj Kumar V/s Ajay Kumar
Synopsis of the Special Marriage Act in India
Lok Adalat has no jurisdiction to decide a matter on Merits
Significance of a Police Clearance Certificate in a pending Accident Case
Understanding the Digital Rupee
Eligibility of Teachers for Gratuity under the Payment of Gratuity Act, 1972
Dr. M. Kocher V/s Ispita Seal
Smt. Seema Kumar V/s Ashwin Kumar
Leo Francis Xaviour V/s The Principal, Karunya Institute
Nazir Mohamed V/s J. Kamala and Ors.
Addissery Raghavan V/s Cheruvalath Krishnadasan
Himalaya House Co. Ltd. Bombay V/s Chief Controlling Revenue
K. Sivaram V/s P. Satishkmar
Basir Ahmed Sisodia V/s The Income Tax Officer
Burden of Proof
Interest for delayed Payment under Payment of Gratuity Act, 1972 - Need for Change?
How to file a complaint in regards to violation of Cyber Laws
Delayed Justice from Consumer Courts
Can a registered Will be challenged in the Indian Court?
Trademark Infringement - Triple identity test in Trademark
Blockchain Technology in India – II
Manish V/s Nidhi Kakkar
Withdrawal of Mutual Divorce Proceedings
Blockchain Technology in India - I
Unnatural Offences
Surendra Kumar Bhilawe V/s The New India Assurance Company
Seat Vs Venue of Arbitration
D. Velusamy V/s D. Patchaimmal
Standard from of Contract - Legal or Illegal?
Life Insurance Corporation of India V/s Mukesh Poonamchand Shah
MSME Debt Recovery Provisions
Neelam Gupta Vs Mahipal Sharan Gupta
Analysis of Section 11A of Industrial Dispute Act, 1947.
Time Limits & Procedure to approach HC in Civil Cases
The necessity of Gender-Neutral laws in India
Sou. Sandhya Manoj Wankhade V/s Manoj Bhimrao Wankhade
Plea of Adjustment
Filing of Complaints against biased Judges
G. Raj Mallaih and Anr. V/s State of Andhra Pradesh
Zee Entertainment Enterprise Ltd. V/s Suresh Production
Chief Administrator of Huda &Anr. v/s Shakuntala Devi
Permanent Child Custody
Dilution of the statutory protection available to MSMEs
Validity of an Unregistered Sale Agreement
Ambalal Sarabhai Enterprise v/s Ks Infraspace LLP
False and misleading advertisements in India
National Legal Service Authority v/s Union of India and Others
Recovery Procedure in Cheque Bounce Cases
Roxann Sharma V/s Arun Sharma
Ganesh Santa Ram Sirur V/s State Bank of India &Anr.
Recovery Procedure of Consumer Court Cases
Bank Guarantee
M/s M.M.T.C Ltd. & Anr v/s M/s Medchl Chemical & Pharma P
Shailendra Swarup V/s Enforcement Directorate, The Deputy
SunitaTokas v/s New India Insurance Ltd.
Can couples get separated without a divorce?
Scope of Arbitration in India
Appointment of Arbitrators
NRIs right to purchase Property in India
Decriminalization of Dishonour of Cheques: a measure contradictory to its purpose
Paternity leave in India
Regulation of Cryptocurrency in India
How can litigants list their cases online?
Validity of Narco-Analysis in India
Remedies against frivolous cases registered against students by the Police
Procedures involved in a Criminal Trial
Procedured Involved in a Family Court Case
Death Certificate of a missing Person
Accountability of Police
Highlight of important Dishonour of Cheque case laws in 2020
Guidelines to be followed by Registered Medical Practitioners to dispense medicines
Land Mark Judgements on Family Law for the Year 2020
Remedies against harassment by Recovery Agents
Abetment to Suicide
Overview of the Vehicle Scrappage Policy
Rights of husbands in dowry and cruelty-based complaints
Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
Triloki Nath Singh V/s Anirudh Singh
Milmet Oftho & Ors. V/s Allergan Inc.
Director of Income Tax II (International Taxation) V/s M/s Samsung Heavy Industries Co. Ltd.
M/s ExL Careers V/s Frankfinn Aviation Services Pvt. Ltd.
The Maharashtra State Cooperative Bank Ltd V/s Babulal Lade & Ors.
Constitutionality of Bandhs
State of Himachal Pradesh V/s A parent of a student of a Medical College & Ors.
Rathnamma & Ors. V/s Sujathamma & Ors.
Ravinder Kaur Grewal V/s Manjit Kaur
Ficus Pax Pvt. Ltd. V/s Union of Indian & Ors.
Commissioner of Income Tax V/s Chandra Sekhar
Analysis of Section 41-A of CRPC, 1973
Judgment: Indian Bank V/s Abs Marine Product Pvt. Ltd.
Kailas & Ors. V/s State of Maharashtra
Sukhedu Das Vs Rita Mukherjee
Witness to a Will
National Insurance Co. Ltd V/s Hindustan Safety Glass Works
Mahalakshmi V/s Bala Venkatram (d) through LR & Anr.
Kajal V/s Jagdish Chand
Shyamal Kumar V/s Sushil Kumar Agarwal
NRI's Power of Attorney
Megha Khandelwal V/s Rajat Khandelwal and Ors.
Is Registration Compulsory under Trademark and Copyright?
Md. Eqbal & Anrs. V/s State of Jharkhand
Types of Will
Employment Contract
Police Clearance Certificate
Validity of Crypto-Currency in India
A. Jayachandra V/s Aneelkaur
Points to be considered before filing an Income Tax Return
Union of India V/s N. K. Shrivasta
Startup under the Government Programme
The procedure for filing a complaint against a Lawyer
Types of Stamp Paper
Satvinder Singh V/s State of Bihar
Sexual Violence laws under the Indian Penal Code
Shreya Singhal V/s Union of India
Division of Assets
Shaleen Kabra V/s Shiwani Kabra
Types of Property
Vasant Kumar V/s Vijaykumari
Personal Injury - Damages
Adultery under the Indian Law
United Commercial Bank & Anr. V/s Deepak Debbarma & others
Intentional Wrongs
Vinay Kumar Mittal & Others V/s Deewan Housing Financial Corporation Limited
How to get a Marriage Certificate?
Mohammed Siddique Vs National Insurance Company Ltd
Pagdi System
The Bonus Act
Frivolous Complaints under the Sexual Harassment Act
Important Income Tax Return Forms and its Due Dates
Garden Leave
How can a Private Complaint be filed?
Key changes to Indian Tax Regulations
Employees Provident Fund
Status of Triple Talaq
Contract Farming & the new ordinances that affect the Farmers
Documents required for filing a Divorce
Section 138, 141 and 142 of the Negotiable Instrument Act 1881
Validity and Enforceability of Click-wrap Agreements
Child Custody under Christian and Parsi Law
Hindu Succession Act
Oppression and Mismanagement
Fraudulent and Invalid Contracts
Developments in Reserve Bank of India
Loan Frauds in India
Penalties associated with Driving
Laws governing a Knife
Medical Negligence and its Compensation
Interim Maintenance under the Domestic Violence Act
Shortcomings of the Consumer Protection Act, 2019
Tougher rules for the E-Commerce Industry
Difficulties faced by men in Family Courts
The consumer is the King in 2020
Illegal Termination of an Employee during Covid-19.
Child Labour Laws in times of Covid-19
Real Estate scenario Post Covid-19
Post Covid-19 Digital Shift of Legal practise
Mutual Consent Divorce through Video Conferencing
59 Chinese Apps banned in India
Litigants and the Lockdown - A Court Perspective
Anticipatory Bail for cases under section 498A of IPC
Brand Protection in times of Covid-19
Title Verification of Immovable Property
The Judiciary during the Pandemic
Termination of an Employee during Covid-19
Drafting of a Will
Criminal Medical Negligence in times of Covid-19
How does Covid-19 affect employers and employees?
Rent deference during the Pandemic
Post Covid-19 digital shift of legal practise
Police Interrogation
Prenuptial Agreements
Void and Voidable Contracts
The Negotiable Instrument Act 1881
Cheque Bounce Notice
Types of Dishonour of Cheques
Intestate Succession
The Stand of Essential Commodities
Trademark Cease and Desist Notice
IT Department Notice
Eviction of a Tenant
Consumer Complaint Legal Notice
Medical Adherence to Environmental Laws
Basic Elements of Transfer of Property Act, 1882
Debt Recovery Notice
Cheque Bounce Notice
Hygiene maintenance in Hospitals and Clinics
Consequences of using a Fake Degree/Certificate
Healthcare Security
Rights of Doctors with respect to Medical Negligence
Importance of Consent
Faulty Machine Aids Medical Negligence
The Special Marriage Act, 1954
Top 2019 judgements by Supreme Court
National Medical Commission Act 2019
Money Laundering
Hindu Undivided Family (HUF)
Child Labour
Endorsement under Negotiable Instrument Act
Quashing of an FIR
Annulment of Marriage
Probate
FAQ's on Trademark
EMI - Equated Monthly Installments
Legal mistakes made by the Start-Up
What is a Stamp Paper?
Sexual Abuse in Shelter Homes
Debt Recovery provisions under the SARFAESI Act
Effective ways to stop Ragging
Transfer of Property Act
Personal Injury Lawyers
Marriage Registration under the Special Marriage Act
Rights of Tenant
Classification of various Collar Jobs
Documents to be submitted for ITR Filing
Illegal Immigrants
Role of lawyers in Corporate Finance
Intestate Succession
Employment of White Collar Employment of White Collar
Domestic Violence
Power of Attorney
Dissolution of Marriage - Christian
Noting And Protest
Hostile Witness
Unfair Trade Practice
All you need to know: Drafting a Legal Notice
Fraudulent and unauthorized transactions at ATM
Is legal documentation important in medical practice?
Why do doctors need to be updated with medical negligence laws?
Personal Data Protection Bill, 2019
Jurisdiction of Consumer Redressal Forums
Does telephonic consultations amount to culpable negligence?
Consumer dispute Redressal Forum in dealing with Medical Negligence
Validity of Notices.
Response to a Legal Notice
Promotion of Medical Products.
Doctors' Bill: Prohibition of Violence & Damage to Property Bill, 2019.
Why less Indemnity cover is risky for Doctors?
Procedure for filing a Notice in India
Format of Legal Notices in India
Citizenship Amendment Act, 2019
Demerger
Legal framework for the Elimination of violence against Women in India
International Day for the Elimination of violence against Women
Family Courts in India
Inheritance Law in India
Rights of Children in India
Virtual Clinic
New Medical Technologies in India
Land Records & Titles
Regulations for firecrackers during Diwali
Legal and Regulatory Regime: Medical Technology
Intellectual Property in Medicine
Consumer Protection Bill, 2019
Artificial Intelligence in healthcare
The Real Estate (Regulation & Development) Act
Warrant and its Types
Joint Custody of Child in India
Limited Liability Partnership (LLP)
Penal Provision on Rash and Negligent Driving
National Company Law Tribunal
Rules to be followed by the Ganpati Mandals
Need to amend CrPC and IPC to increase the conviction rate.
Motor Vehicle Amendment Act, 2019
The Growth of technology Patents in India
Citizenship under the Indian Constitution
Basic Structure of the Indian Constitution
A comparative study of the Indian, UK and the US Constitution
Can the Indian Constitution be Amended?
Overview of the Indian Constitution
All you need to know: Drafting a Legal Notice
Surrogacy (Regulation) Bill, 2019
Overview of The Indian Penal Code
Offences and Prosecution under the Income Tax Act, 1961
The abolishment of Article 370 of the Constitution: One Nation One Flag
Intervention of SC in the Unnao Rape Case
Case of abandoned NRI brides, Supreme Court issues notice to the State
Financial Risk Management
Know more about Equal Remuneration Act, 1976
Procedure to File Complain against Domestic Violence
The IndiGo Promotors Feud
Rajya Sabha passes the Triple Talaq Bill
Gift Deed
More about Contested Divorce
Things to be kept in mind - Dishonor of Cheque
Prison Reforms in India
Consumer Protection ACT, 1986
More about Joint Venture
Delay of Condonation
Points to be Noted for Child Custody to Father
Basic information of Companies
Plastic Money and their Advantage & Disadvantages
Motor Accident Claim Tribunal
Guidelines to protect doctors from frivolous and unjust prosecution
Unjust Compensation - A Doctors Perspective
Misdiagnosis: A Medical Negligence?
Exemption of doctors operating in Emergency Rooms
General Types of Medico-Legal Cases (MLC)
Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
Liability of Medical Negligence under Consumer Protection Act
Laws that affect Medical Professionals in India
Defense against Medical Negligence Cases
Duties of Doctors
Common types of Medical Negligence
Medical Consent for treatment in India
Regulation for E - Pharmacy in India
Types of Consent for Medical Treatment
Guidelines for Autopsy/ Postmortem in India
Guidelines for the prescription of medicines
Procedure to start a Pharmacy Store in India
India Vs Pakistan: Kulbhushan Jadhav's Case
Contempt of Court
Juvenile Justice Act, 2000
Bankruptcy & Insolvency in India
The Maternity Benefit Act, 1961
Guardian and Ward Act In India
Medical Negligence in India
Procedure to be followed in Civil Recovery Proceedings
Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
By: Adv. Latha Anand
Date:21 October 2021
Civil
Comments:0
Views:4576
Likes:0A 'Tribunal' is an administrative body that is established to discharge quasi-judicial duties. A Tribunal is considered neither a court nor an executive body, and it stands midway between a Court and an administrative body. Thus, the exigencies of the situation that proclaimed the enforcement of new rights due to escalating State activities and persistent demands of justice have led to the establishment of Tribunals. One of the biggest obstacles which the establishment of Tribunals has tackled is the delay in justice administration. The delay in disposal of civil cases is significantly increasing arrears, and the courts seem to be helpless in this matter.
To overcome this situation, domestic Tribunals and other Tribunals have been established under different Statutes. A 'domestic tribunal' refers to the administrative agencies designed to regulate professional conduct and enforce disciple among the members by exercising its adjudicatory and investigatory powers. Similarly, Ombudsman looks into the matters of complaints of grievances suffered by a citizen under some organ of the administration.
In Kendriya Vidyalaya Sangathan v. Subash Sharma, it was held that to challenge the decision of a tribunal, complainants cannot directly go to the Supreme Court, nor can they bypass the High Court. The High Courts have supervisory powers over the administrative tribunals. But on the one hand, this situation leads to increasing the High Court's burden but helps reduce apex court's dockets in service matters and facilitates a remedy at close quarters without any huge expenses.
Labour Courts, Industrial Tribunals and National Tribnunals are constituted by the Government in exerciser of its powers under Section 7 and 7A of the Industrial Disputes Act, 1947.
Section 11 A of Industrial Disputes Act, 1947
Section 11A of the Industrial Disputes Act states the Powers of Labour Courts, Tribunals and National Tribunals to give the appropriate relief in case of discharge or dismissal of workmen. It was stated here that when an industrial dispute relating to the dismissal or discharge of a workman has been referred to a Tribunal, Labour Court or the National Tribunal for adjudication and, during the course of this proceedings, the Labour Court, Tribunal or the National Tribunal, is satisfied that the order of dismissal or discharge was not justified, then it may, by its Award, set aside that order of dismissal and direct reinstatement of the workman on such terms and conditions, as it thinks fit, or give any other relief to the workman including the Award of a lesser punishment in lieu of dismissal or discharge as the circumstances of the case may require.
But it is further mentioned here that in any proceeding under this section, the Tribunal or the Labour Court, or National Tribunal, shall not take any fresh evidence concerning this matter and shall rely only on the materials that are there on record.
The Supreme Court held in the case of Workmen v. Firestone Tyre & Rubber Co. of India Pvt. Ltd. [(1973) 1 SCC 813] that Section 11A indicated a change in law from the position that was laid down in Indian Iron and Steel Company Limited. It was further held here that under Section 11A, the Industrial Tribunal has to be satisfied in the course of such adjudication that the order of discharge or dismissal was not justified. If it comes to this conclusion, the Tribunal will have to set aside the order and direct the reinstatement of the workman on terms it thinks fit. The Tribunal also has the power to give any other relief to the concerned workman and impose a lesser punishment having due regard to the given circumstances.
However, this should be noted that neither the 1947 Act nor the new Industrial Relations Code, 2020 defines the term 'reinstatement' and therefore, the task of judicially interpreting this term has fallen upon the Constitutional Courts.
Scope of interference by the Labour Court/Tribunal
Section 11-A cannot be considered to be conferring an arbitrary power to the Labour Court or the Industrial Tribunal. The power under Section 11-A of the Industrial Disputes Act has to be exercised judicially, and the Industrial Tribunal or the Labour Court is expected to interfere with the decisions made by the management under Section 11-A of the Act only when it is satisfied that the punishment that was imposed by the management was highly disproportionate as compared to the degree of guilt of the concerned workman. Thus the Industrial Tribunal or the Labour Court will have to give reasons for its decision. The Supreme Court observed this in CMC Hospital Employees' Union & Anr. V. CMC Vellore Association, [(1987) 4 SCC 691].
In the case of State Bank of Hyderabad and Another V. P. Kata Rao [(2008) 15 SCC 657], the Hon'ble Apex Court has said that there cannot be any doubt even if the jurisdiction of superior courts in interfering with a finding of fact arrived at by the enquiry officer is limited. The High Court, it is trite, would also ordinarily not interfere with the quantum of punishment.
In Karnataka Bank Ltd. V. Al. L. Mohan Rao, [(2006)1 SCC 63], the charge against the accused employee was that he had enabled grant of fictitious loan by colluding with one of the Branch Managers. Here, the High Court interfered with the punishment of dismissal and ordered reinstatement on the sympathetic ground despite finding that misconduct was proved. Thus the Supreme Court reversed the judgment of the High Court. This Court has emphasised that the courts' decisions should not be guided by misplaced sympathy or continuity ground during judicial review while examining the quantum of punishment.
Standard Chartered Bank Vs R.C. Srivastava
The Apex Court has observed in the case of Standard Chartered Bank Vs R.C. Srivastava that the Labour Court could not overturn the management's decision on "ipse dixit", and the decision given by the Court should not be merely based on hypothesis. On observing that the Labour Court has converted itself into a "Court of Appeal", the Supreme Court set aside the Labour Court's decision that overturned the management's decision to terminate an employee's services. A Division Bench comprising of Justice Ajay Rastogi and Justice Abhay S Oka observed that a Labour Court's jurisdiction under Section 11A of the Industrial Disputes Act, 1947 must be exercised judiciously and cannot be exercised either whimsically or impulsively.
These observations have been made in the context of the Tribunal's order that reinstated a Bank employee and reversing the order of his termination passed after a disciplinary enquiry had been held. The Bench had observed that the Tribunal had completely overlooked and surpassed its jurisdiction while interfering with the finding that was recorded during the course of disciplinary enquiry further which, the employee (Respondent) was dismissed from service.
The Apex Court observed that the High Court has also committed an error while passing an impugned judgment by upholding the order of reinstatement by the Tribunal. The Bench found that the Tribunal had converted itself into a Court of Appeal as an appellate authority and had exceeded its jurisdiction while appreciating the finding that was recorded in the course of domestic enquiry. According to the Court, the Tribunal had tested the domestic inquiry on the far-reaching principles of proving the charge beyond reasonable doubt and completely forgot about testing the domestic enquiry on the principles of the preponderance of probabilities.
However, the Tribunal reversed the order by directing reinstatement of the employee in service along with full back wages, seniority and all consequential benefits finding that the management of the Bank had miserably failed to establish the charges that were levelled against him and had held the charges to not being proved.
Thus the order of the Tribunal was challenged by the Bank before the High Court, but the same was dismissed. Through its order dated 29th September 2021, the Supreme Court has therefore held that the award that was passed by the Tribunal and confirmed by the High Court under impugned judgment will not be sustainable in law.
Conclusion
Thus, after going through the provision of Section 11A under the Industrial Disputes Act, 1947 as well as the authoritative pronouncement while discussing the scope of Section 11A for the Tribunal or the Court of law to interfere with punishment, it is therefore settled that the power of judicial review is very limited and it can interfere only if there is unreasonableness in the finding or in case of violation of the principle of natural justice. As far as the case of Labour Court is considered, it has been held by Hon'ble Supreme Court that the order of dismissal should not have been reversed by order of reinstatement since it is a question of lack of confidence upon the employee by the employer and the fact that the employer does not want to get such employee whose integrity is found to be adverse, then the order of dismissal can be reversed by the Court of law if the finding is perverse or charge is proved without following the principle of natural justice.
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