136 has vested in the Supreme Court exceptional and overriding power to interfere where it reaches the conclusion that a person has been dealt with arbitrarily or that a Court or Tribunal within the territory of India has not given a fair deal to a litigant. The respondent thereupon appealed to the Labour Appellate Tribunal which substantially agreed with the Industrial Court on questions of fact as well as the general position in law but imported considerations of social justice and treating this as a special case ” where social justice would demand that labour should have bonus for the year where for that very year capital had not only a reasonable return but much in excess of that “, allowed the appeal and directed the appellant to pay to the workmen bonus at the rate of annas 4 per rupee within six weeks of their decision.
2001, he would not be entitled to any pay or allowances and the period of suspension shall be treated as such. It has not shown much concern even to see that lawyers should observe the statutory norms prescribed by the Council itself. It has consistently fought to safeguard the interests of Lawyers in Chandigarh and it has done a lot of good work for their welfare. 2003, which had taken place in his Court in which the appellant had appeared before him and conducted himself in a manner which constituted Criminal Contempt under Section 2 (c) of the Act.
2003 recording two separate incidents dated 16. That apart, it was directed that medals and awards, if any, that had been received by the delinquent employee during service period shall be forfeited under the provision of Section 12(1) of the Act. The industrial dispute which thus arose was referred for enquiry and recording of an award to the Regional Conciliation Advocate in Chandigarh Board (Textile), Kanpur. For reasons stated above we are of opinion that Act XXII of 1947 which amended the Indian Income-tax Act by enlarging the definition of the term income in section 2(6-C) and introducing a new head of income in section 6 and inserting the new section 12-B is intra vires the powers of the Central Legislature acting under entry 54 in List I of the Seventh Schedule of the Government of India Act, 1935.
It was further stipulated in the order that except the pay and allowances given to the respondent during suspension period from 7. March 2014) to resolve the issue by making suitable adjustment in tariff on the directions of the Honble Court. The facts of the present appeal discloses that the Civil Judge (Senior Division), Etah made a reference under Section 15 (2) of the Act to the High Court through the learned District Judge, Etah (U.
The appellant filed this appeal against that decision after obtaining special leave from this Court. for paying compensatory tariff prospectively (from next month of CERC order i. On the 4th May, 1950, the Secretary of the respondent Union petitioned to the Provincial Conciliation Officer (Textile) that there was more production in 1949 than in 1948, that there was no reason to hold that the profit in 1949 was less than in the previous year and that the rate of bonus was wrongly reduced and asked that bonus for 1949 should also be paid at the rate of annas 4 per rupee.
But on the issue of maintaining high professional standards and enforcing discipline among Chandigarh Lawyers its performance hardly matches its achievements in other areas. The Conciliation Board by a majority decision repelled the contention of the appellant and awarded the payment of bonus at annas 4 per rupee. We must now turn to the statement of the case by the Tribunal to see what had really happened before the Income- tax Officer, for the last word on questions of fact is with it, and that is binding on the Courts.
In this view of the matter it is unnecessary for us to consider or express any opinion as to the meaning, scope and ambit of entry 55 in that List. 2 is willing to implement the decisions of State Govt. I say that without prejudice to its rights in the present appeals the Respondent No. Recording concurrence with the findings returned by the enquiry officer, the disciplinary authority opined that the respondent was not fit to continue any more in the Force and accordingly in exercise of power conferred under Section 11(1) of the Central Reserve Police Force Act, 1949 (for brevity, the Act) read with Rule 27-A(1) of the Central Reserve Police Force Rules, 1955 (in short the Rules) ordered the respondent to be removed from the service.
The only statement bearing on this question in the order of the Tribunal is as follows: Neither in the statement of the case by the Tribunal, nor Advocate in Chandigarh its order of remand is there any finding that the requisite materials had been withheld by the appellant. On an appeal taken by the appellant to the 995 Industrial Court (Textiles and Hosiery), Kanpur, the Industrial Court accepted the Chandigarh Lawyer contention of the appellant, allowed the appeal and set aside the award. The appeal is accordingly dismissed with costs.
The disciplinary authority concurred with the findings recorded by the enquiry officer and came to hold that the charges levelled against the respondent had been proved beyond doubt. Industrial Tribunals are Tribunals within the meaning of Art. We hope and trust that the Council will at least now sit up and pay proper attention to the restoration of the high professional standards among lawyers worthy of their position in the judicial system and in the society.