ASSOCIATED CEMENT COMPANY LIMITED Vs. P N SHARMA
LAWS(SC)-1964-12-22
SUPREME COURT OF INDIA
Decided on December 09,1964

ASSOCIATED CEMENT COMPANIES LIMITED Appellant
VERSUS
P.N.SHARMA Respondents





Cited Judgements :-

NARENDRA KUMAR VS. BHURE KHAN [LAWS(RAJ)-2001-9-4] [REFERRED TO SC DEO SINGH V. REGISTRAR,]
P GANGADHARAN PILLAI VS. STATE OF KERALA [LAWS(KER)-1967-8-2] [REFERRED TO]
LALA SHRI BHAGWAN VS. RAM CHAND [LAWS(SC)-1965-3-16] [RELIED ON]
KIHOTO HOLLOHAN VS. ZACHILLHU [LAWS(SC)-1992-2-71] [RELIED ON]
WHIRLPOOL CORPORATION VS. REGISTRAR OF TRADE MARKS MUMBAI [LAWS(SC)-1998-10-1] [REFERRED TO]
RAM KISHAN FAUJI VS. STATE OF HARYANA AND ORS. [LAWS(SC)-2017-3-59] [REFERRED TO]
CHETTINAD INTERNATIONAL COAL TERMINAL PRIVATE LIMITED AND ORS. VS. KAMARAJAR PORT LIMITED AND ORS. [LAWS(MAD)-2015-9-227] [REFERRED TO]
VISHNU SUGAR MILLS LTD VS. STATE OF BIHAR [LAWS(PAT)-1998-10-8] [REFERRED TO]
SUNIL PRAKASH TIWARY VS. STATE OF BIHAR [LAWS(PAT)-2011-12-17] [REFERRED TO]
MANGALJIBHAI ROOPAJIBHAI VS. STATE OF GUJARAT [LAWS(GJH)-1971-12-11] [REFERRED]
SATISH CHAND SHARMA VS. STATE OF U P [LAWS(ALL)-2004-1-143] [REFERRED TO]
STATE BANK OF INDIA MUMBAI VS. ARJUN DEVI ANAND [LAWS(ALL)-2007-9-14] [REFERRED TO]
YESHWANT RAO VS. SAMPAT [LAWS(MPH)-1978-9-30] [REFERRED TO]
PAY PERFORM INDIA PVT. LTD VS. UNION OF INDIA [LAWS(MAD)-2024-1-87] [REFERRED TO]
GENERAL MANAGER KERALA STATE ROAD TRANSPORT CORPORATION TRIVANDRUM VS. K P SARADAMMA [LAWS(KER)-1987-7-55] [REFERRED TO]
ICICI LOMBARD GENERAL INSURANCE COMPANY VS. DAVASIA [LAWS(KER)-2019-7-210] [REFERRED TO]
YOGESH CHANDRAKANT BHAVSAR VS. VRAJ INTEGRATED TEXTILE PARK LTD. AND OTHERS [LAWS(CL)-2013-3-4] [REFERRED TO]
HARDAYAL SINGH MEHTA VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-1990-1-7] [REFERRED 14,23]
DELHI HIGH COURT BAR ASSOCIATION VS. UNION OF INDIA SECT DEPPT OF ECO AFFAIRS BANKING DEVISION MINISTRY OF FINANCE [LAWS(DLH)-1995-3-1] [REFERRED]
NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. ORIENTAL STRUCTURAL ENGINEERS PVT LTD [LAWS(DLH)-2015-1-63] [REFERRED TO]
NARMADA CLEAN-TECH VS. INDIAN COUNCIL OF ARBITRATION [LAWS(GJH)-2020-7-270] [REFERRED TO]
MAKHANLAL DEY VS. UNION OF INDIA [LAWS(CAL)-1965-9-4] [REFERRED TO]
GOLAK BEHARI TEWARI VS. ADDITIONAL DISTRICT MAGISTRATE BANKURA [LAWS(CAL)-1969-9-21] [REFERRED TO]
R MUSALAPPA REDDY VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1967-9-31] [REFERRED TO]
MAHINDRA ELECTRIC MOBILITY LIMITED VS. COMPETITION COMMISSION OF INDIA [LAWS(DLH)-2019-4-377] [REFERRED TO]
COMMITTEE OF MANAGEMENT SHRI KASHI RAJ MAHAVIDYALAYA AURAI VS. DY DIRECTOR OF EDUCATION VARANASI [LAWS(ALL)-1996-8-125] [REFERRED TO]
RAJNI KANT SAHAI VS. STATE OF U P [LAWS(ALL)-1998-4-138] [REFERRED TO]
C O M SHRI KASHI RAJ MAHAVIDYALAYA VS. DY DIRECTOR OF EDUCATION VARANASI FB [LAWS(ALL)-1996-2-130] [REFERRED TO]
HAJI MANZOOR AHMED VS. STATE OF U P [LAWS(ALL)-1968-5-7] [REFERRED TO]
SUPERINTENDING ENGINEER N S R C PELIRU CAMP ONGOLE PRAKASAN VS. R K ENGINEERING [LAWS(APH)-2003-11-19] [REFERRED TO]
HARIOM VS. STATE OF U.P.; [LAWS(ALL)-2013-3-150] [REFERRED TO]
FAIR AIR ENGINEERS PRIVATE LIMITED VS. N K MODI [LAWS(SC)-1996-8-106] [RELIED ON]
MUNICIPAL COMMISSIONER VS. PABITRA SINGH KAMI [LAWS(SIK)-2020-6-6] [REFERRED TO]
UNION OF INDIA VS. GIRDHARI LAL [LAWS(RAJ)-1998-2-44] [REFFERED TO]
K.S. NEGI VS. DIRECTOR OF FACTORIES [LAWS(ALL)-2007-8-280] [REFERRED TO]
SANDHI MAMAD KALA VS. STATE OF GUJARAT [LAWS(GJH)-1972-9-8] [REFERRED]
MUNNA LAL GUPTA CHAIRMAN NAGAR PANCHAYAT S O SHRI LAKHAN LAL GUPTA VS. STATE OF U P [LAWS(ALL)-2005-5-221] [REFERRED TO]
NARAYAN CHANDRA MUKHERJI VS. STATE OF MADHYA PRADESH BHOPAL [LAWS(MPH)-1969-7-5] [REFERRED TO]
T. RAMESH VS. BOARD OF DISCIPLINE, CONSTITUTED [LAWS(MAD)-2023-9-76] [REFERRED TO]
K R ERRY VS. STATE OF PUNJAB [LAWS(P&H)-1966-10-12] [REFERRED TO]
DR. BOOL CHAND VS. THE CHANCELLOR, KURUKSHETRA UNIVERSITY [LAWS(P&H)-1966-10-20] [REFERRED TO]
MADAN LAL VS. UNION OF INDIA [LAWS(P&H)-1966-11-21] [REFERRED]
PARKASH SINGH BADAL VS. UNION OF INDIA [LAWS(P&H)-1987-5-20] [REFERRED TO]
SECRETARY TO GOVT. OF J&K PWD (R&B) AND OTHERS VS. M/S S.C. ASSOCIATES ENGINEERS AND CONTRACTORS [LAWS(J&K)-2018-11-84] [REFERRED TO]
REVENUE BAR ASSOCIATION VS. UNION OF INDIA [LAWS(MAD)-2019-9-80] [REFERRED TO]
P MADHAVAN VS. BINNY LIMITED [LAWS(MAD)-1992-1-27] [TO REFEREED]
THE STATE OF MADRAS REPRESENTED BY THE SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT AND LOCAL ADMINISTRATION DEPARTMENT VS. TIRUNEVELI MUNICIPAL COUNCIL, REPRESENTED BY ITS CHAIRMAN THIRU M. ABDUL MAJID [LAWS(MAD)-1966-9-29] [REFERRED TO]
CHANDRA PAPER INDUSTRIES VS. DEPUTY COMMERCIAL TAX OFFICER AND ANR. [LAWS(MAD)-2009-3-235] [REFERRED TO]
MANGAYARKARASI APPARELS PVT LTD VS. SUNDARAM FINANCE LTD [LAWS(MAD)-2002-4-25] [REFERRED TO]
ANTONY VARGHESE VS. THOMAS JOHN [LAWS(KER)-2023-1-210] [REFERRED TO]
UTTAM AMBADASRAO GAWALI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-2-116] [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. NILRATAN BANERJEE RESPONDENT [LAWS(CAL)-1970-6-2] [REFERRED TO]
KAVITA SRIVASTAVA VS. KENDRIYA VIDYALAYA SANGATHAN [LAWS(CA)-2013-9-1] [REFERRED TO]
SUNITA BHARDWAJ VS. SHIELA DIXIT [LAWS(DLH)-2013-10-63] [REFERRED TO]
M R MITTALS INFRATECH PVT LTD VS. PERMANENT LOK ADALAT AND 02 OTHERS [LAWS(ALL)-2019-3-24] [REFERRED TO]
SHABANA KHATOON VS. THE DISTRICT ELECTION TRIBUNAL/DISTRICT JUDGE AND ORS. [LAWS(ALL)-2015-12-153] [REFERRED TO]
SHABANA KHATOON VS. THE DISTRICT ELECTION TRIBUNAL/DISTRICT JUDGE AND ORS. [LAWS(ALL)-2015-12-153] [REFERRED TO]
INDU ENGINEERING AND TEXTILES LTD VS. COMMISSIONERAGRA DIVISION [LAWS(ALL)-1984-7-4] [REFERRED TO]
MAHENDRA KUMAR JAIN VS. APPELLATE RENT TRIBUNAL [LAWS(RAJ)-2021-7-123] [REFERRED TO]
BEERAN VS. RAJAPPAN [LAWS(KER)-1979-12-12] [REFERRED TO]
SANTOSH KANWAR VS. SURGYAN KANWAR [LAWS(RAJ)-2001-11-10] [REFERRED TO]
M/S.HOTEL URVASHI VS. UTTARAKHAND POWER CORPORATION LTD. [LAWS(UTN)-2020-7-35] [REFERRED TO]
STATE OF GUJARAT VS. GUJARAT REVENUE TRIBUNAL BAR ASSOCIATION [LAWS(SC)-2012-10-43] [REFERRED TO]
BRIJ MOHAN LAL VS. UNION OF INDIA [LAWS(SC)-2012-4-18] [REFERRED TO]
RAJ BAHADUR PATHAK VS. STATE [LAWS(MPH)-1985-4-8] [REFERRED TO]
ALL PARTY HILL LEADERS CONFERENCE SHILLONG VS. CAPTAIN W A SANGMA [LAWS(SC)-1977-9-3] [RELIED ON]
MANEKA GANDHI VS. UNION OF INDIA [LAWS(SC)-1978-1-6] [FOLLOWED]
RAIPUR DEVELOPMENT AUTHORITY AND VS. CHOKHAMAL CONTRACTORS [LAWS(SC)-1989-5-51] [CITED]
WORKMEN OF MEENAKSHI MILLS LIMITED RAJASTHAN TRADE UNION KENDRA RAJASTHAN TRADE UNION KENDRA WORKMEN OF BUCKINGHAM AND CARNATIC MILLS HINDUSTAN STEEL WORKS CONSTRUCTION LIMITED WORKMEN OF HINDUSTAN STEEL WORKS CONST LIMITED WORKMEN OF HINDUSTAN STEEL VS. MEENAKSHI MILLS LTD [LAWS(SC)-1992-5-29] [DISTINGUISHED]
BARKAT SINGH VS. HANS RAJ PANDIT [LAWS(P&H)-1984-11-15] [REFERRED TO]
Mohd. Abdul Sathar Khan VS. Sub-Divisional Magistrate and others [LAWS(KAR)-1984-1-34] [REFERRED TO]
SHAHANK KUMAR SINHA VS. OFFICE OF HONBLE LOKAYUKTA [LAWS(JHAR)-2019-4-141] [REFERRED TO]
ASHOK KUMAR DAS VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-8-121] [REFERRED TO]
RAHUL ENTERPRISES VS. COMMISSIONER OF SALES-TAX [LAWS(DLH)-1998-12-21] [REFERRED TO]
GOPALAN BHAVANI VS. RAGHAVAN ARAVINDAKSHAN [LAWS(KER)-1989-5-7] [REFERRED TO]
VARKEY VS. HARIHARAN NAIR [LAWS(KER)-1991-4-17] [REFERRED TO]
A Saravanan VS. Chief Engineer Personnel Administrative Branch [LAWS(MAD)-2005-1-94] [REFERRED TO]
CHETTINAD INTERNATIONAL COAL TERMINAL PRIVATE LIMITED VS. KAMARAJAR PORT LIMITED [LAWS(MAD)-2018-3-33] [REFERRED TO]
S.H. JOSEPH THABARAJ VS. THE PRINICIPAL, GOVERNMENT ARTS COLLEGE [LAWS(MAD)-1966-10-11] [REFERRED TO]
S. SUBRAMANIAN VS. V. VELLAIKAANU AND ORS. [LAWS(MAD)-1977-12-35] [REFERRED TO]
GANESH MORTO NAIK VS. GOA STATE CO OPERATIVE BANK LIMITED [LAWS(BOM)-1991-6-31] [REFERRED TO]
R D AGGARWALA VS. UNION OF INDIA [LAWS(DLH)-1974-5-24] [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. ABEDA BEGUM [LAWS(GAU)-2005-6-50] [REFERRED TO]
INDIAN IRON AND STEEL CO VS. SHISH RAM [LAWS(CAL)-1979-3-30] [REFERRED TO]
SHASHI PRABHA DIXIT VS. KENDRIYA VIDYALAYA SANGTHAN [LAWS(CA)-2014-2-10] [REFERRED TO]
A H MAGERMANS VS. S K GHOSE [LAWS(CAL)-1965-5-22] [REFERRED TO]
THE INDIAN NATIONAL CONGRESS VS. STATE OF GOA [LAWS(BOM)-2017-10-218] [REFERRED TO]
REVABEN VS. VINUBHAI PURSHOTTAMBHAI PATEL [LAWS(GJH)-2013-1-2] [REFERRED TO]
ALOKE CHAKRABARTI VS. STATE OF U P [LAWS(ALL)-1997-2-44] [REFERRED TO]
IQBAL AHAMAD VS. STATE OF U P [LAWS(ALL)-1997-2-45] [REFERRED TO]
THAKUR PRASAD VS. BENI PRASAD [LAWS(ALL)-2015-3-119] [REFERRED TO]
KALAWATI REJA VS. II ADDITIONAL CIVIL JUDGE [LAWS(ALL)-1983-3-20] [REFERRED TO]
STATE OF KARNATAKA VS. STATE OF TAMIL NADU & ORS. [LAWS(SC)-2016-12-45] [REFERRED TO]
SHEEL CHAND JAIN VS. STATE OF M P [LAWS(MPH)-2009-3-49] [REFERRED TO]
IBRAT FAIZAN VS. OMAXE BUILDHOME PRIVATE LIMITED [LAWS(SC)-2022-5-58] [REFERRED TO]
STATE OF GUJARAT & ORS VS. UTILITY USERS WELFARE ASSOCIATION & ORS [LAWS(SC)-2018-4-40] [REFERRED TO]
DHANLAKSHMI WEAVING WORKS VS. UNION OF INDIA UOI [LAWS(KER)-1965-12-45] [REFERRED TO]
T R MISHRA VS. STATE OF GUJARAT [LAWS(GJH)-1989-12-2] [REFERRED TO]
SUKHDEV STEEL CUTTERS AND WELDERS VS. HONBLE SRI LALTA PRASAD JUDICIAL OFFICER [LAWS(ALL)-2005-5-142] [REFERRED TO]
V KUNHABDULLA VS. STATE OF KERALA [LAWS(KER)-2000-8-49] [REFERRED]
NAND KISHORE VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-1968-8-3] [REFERRED TO]
POORNAPRAJNA HOUSE BUILDING CO OPERATIVE SOCIETY LTD VS. KARNATAKA INFORMATION COMMISSION [LAWS(KAR)-2007-3-70] [REFERRED TO]
L. GOURAMANI SINGH & ORS. VS. STATE OF MANIPUR & ORS. [LAWS(GAU)-1993-7-24] [REFERRED TO]
NALGONDA CO OPERATIVE MARKETING SOCIETY LTD VS. LABOUR COURT HYDERABAD [LAWS(APH)-1993-3-63] [REFERRED TO]
COMMITTEE OF MANAGEMENT SHRI KASHI RAJ MAHAVIDYALAYA AURAI VS. DEPUTY DIRECTOR OF EDUCATION VARANASI [LAWS(ALL)-1996-8-137] [REFERRED]
BIKASH GHOSH VS. BOARD OF COUNCILORS OF BARRACKPORE MINICIPALITY [LAWS(CAL)-2011-3-35] [REFERRED TO]
HARIOM VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2013-5-519] [REFERRED TO]
UTTAM SINGH VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-7-223] [REFERRED TO]
KONKAN RAILWAY CORPORATION LIMITED VS. RANI CONSTRUCTION PRIVATE LIMITED [LAWS(SC)-2002-1-93] [REFERRED]
MARDIA CHEMICALS LIMITED VS. UNION OF INDIA [LAWS(SC)-2004-4-60] [REFERRED TO]
S B P AND CO VS. PATEL ENGINEERING LTD [LAWS(SC)-2005-10-34] [REFERRED TO]
INDORE TEXTILES LIMITED VS. UNION OF INDIA [LAWS(MPH)-1980-9-45] [REFERRED TO]
SURESH SETH VS. STATE [LAWS(MPH)-1969-1-7] [REFERRED TO]
MOTI MARRY VS. SUPERINTENDENT LADY ELGIN HOSPITAL [LAWS(MPH)-1993-6-1] [REFERRED TO]
KALI KARMAKAR VS. THE STATE OF TRIPURA AND ORS. [LAWS(TRIP)-2015-10-4] [REFERRED TO]
GOOD YEAR INDIA VS. INDUSTRIAL TRIBUNAL RAJASTHAN JAIPUR [LAWS(RAJ)-1968-5-5] [REFERRED TO]
SAROJINI RAMASWAMI VS. UNION OF INDIA [LAWS(SC)-1992-8-47] [RELIED ON]
COMMISSIONER OF INCOME TAX CENTRAL VS. B N BHATTACHARJEE [LAWS(SC)-1979-5-2] [APPLIED]
ABAD ALI VS. STATE OF ASSAM [LAWS(GAU)-2024-2-104] [REFERRED TO]
SHIVPRASAD UMASHANKER VS. MUNICIPALITY OF PALITANA [LAWS(GJH)-1972-1-1] [REFERRED TO]
BHUPINDER SINGH VS. COMMISSIONER JULLUNDUR DIVISION, JULLUNDUR AND ANOTHER [LAWS(P&H)-1966-5-31] [REFERRED TO]
BEANT SINGH BATH VS. THE UNION OF INDIA (UOI) AND ORS. [LAWS(P&H)-1969-1-28] [REFERRED TO]
RAMANIYAM REAL ESTATES LIMITED VS. TRIVENI APARTMENTS OWNERS WELFARE ASSOCIATION [LAWS(MAD)-1998-6-19] [REFERRED TO]
SHRIRAM INVESTMENT SERVICES LIMITED VS. PALKI JEYPAD INVESTMENT P LIMITED [LAWS(MAD)-2006-5-10] [REFERRED TO]
NATIONAL BUILDINGS CONSTRUCTION CORPORATION LTD , NEW DELHI VS. M K JAIN [LAWS(DLH)-1980-5-58] [REFERRED]
SANDEZ LIMITED VS. PHARMACEUTICAL [LAWS(DLH)-1985-1-11] [REFERRED]
AB KHALIK MALIK VS. STATE OF J&K [LAWS(J&K)-1970-6-2] [REFERRED TO]
M/S. CONCEPTS AND MORE, A REGIONAL PARTNERSHIP VS. BRUHATH BENGALURU MAHANAGARA PALIKE [LAWS(KAR)-2012-3-86] [REFERRED TO]
SHRIPATRAO DAJISAHEB GHATGE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1977-4-4] [REFERRED TO]
ORIENTAL INSURANCH CO LTD VS. MUSTT ABEDA BEGUM [LAWS(GAU)-2005-6-45] [REFERRED TO]
REKHA PAUL VS. ORIENTAL INSURANCE CO LTD [LAWS(GAU)-2006-9-21] [REFERRED TO]
TELUGUNADU WORKCHARGED EMPLOYEES VS. GOVERNMENT OF INDIA [LAWS(APH)-1997-4-69] [REFERRED TO]
COMMISSIONERS FOR THE PORT OF CALCUTTA VS. BALESWAR SINGH [LAWS(CAL)-1967-6-11] [REFERRED TO]
ANATH BANDHU BOSE VS. W.B. BOARD OF SECONDARY EDUCATION [LAWS(CAL)-1969-1-23] [REFERRED TO]
DEPUTY SECRETARY MINISTRY OF FINANCE DEPT OF REVENUE AND COMPANY LAW VS. SAHU JAIN LTD [LAWS(CAL)-1969-2-24] [REFERRED TO]
U P STATE ELECTRICITY BOARD VS. LABOUR COMMISSIONER U P [LAWS(ALL)-1999-8-190] [REFERRED TO]
COMMITTEE OF MANAGEMENT D A V INTER COLLEGE ALIGARH VS. U P SECONDARY EDUCATION SERVICES COMMISSION ALLAHABAD [LAWS(ALL)-1998-4-110] [REFERRED TO]
DYNAMETIC OVERSEAS PRIVATE LIMITED AND ORS. VS. STATE BANK OF INDIA AND ORS. [LAWS(CAL)-2016-4-36] [REFERRED TO]
M/S SUPREME INDUSTRIAL SECURITY CO. VS. E.S.I. CORPORATION [LAWS(CAL)-2017-6-4] [REFERRED TO]
CITY SCOPE DEVELOPERS (P) LTD. VS. AKLA BUILDERS PVT. LTD. & ORS. [LAWS(CAL)-2000-8-58] [REFERRED TO]
SUPER RUBBERS PRIVATE VS. STATE OF KERALA [LAWS(KER)-1972-10-8] [REFERRED TO]
SECRETARY SH A P D JAIN PATHSHALA VS. SHIVAJI BHAGWAT MORE [LAWS(SC)-2011-7-46] [REFERRED TO]
MAHENDRA KUMAR JAIN VS. APPELLATE RENT TRIBUNAL, AJMER [LAWS(RAJ)-2021-7-106] [REFERRED TO]
DIVISIONAL MANAGER LIC OF INDIA VS. SUDHATAI S AVACHITE [LAWS(NCD)-2000-2-177] [REFERRED]
A K DUBEY VS. INDIAN MEDICAL ASSOCIATION [LAWS(MPH)-2013-12-77] [REFERRED TO]
ULTRATECH CEMENT LTD. VS. STATE OF M P [LAWS(MPH)-2014-8-81] [REFERRED TO]
GUNVANTRAI HARIVALLABH JANI VS. REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT [LAWS(MPH)-1969-12-13] [REFERRED TO]
A. ISMAIL SAIT VS. COMPETENT AUTHORITY, LAND ACQUISITION [LAWS(MAD)-2024-6-87] [REFERRED TO]
SHRAVANKUMAR MAHADEV DEKOTE VS. ARVIND MILLS LIMITED AHMEDABAD [LAWS(GJH)-1984-9-24] [REFERRED]
DR HAREKRUSHNA MAHTAB VS. CHIEF MINISTER OF ORISSA [LAWS(ORI)-1970-9-4] [REFERRED TO]
UTILITY USERS WELFARE ASSOCIATION VS. STATE OF GUJARAT & 12 [LAWS(GJH)-2015-10-211] [REFERRED]
G JAYAPANDIAN VS. P C MANICKAM [LAWS(MAD)-1995-12-32] [REFERRED TO]
DELL INTERNATIONAL SERVICES INDIA PRIVATE LIMITED VS. ADEEL FEROZE [LAWS(DLH)-2024-7-4] [REFERRED TO]
MUNICIPAL CORPORATION SHIMLA VS. SAVITRI DEVI [LAWS(HPH)-2015-10-38] [REFERRED TO]
M.L.GUPTA AND ASSOCIATES VS. H.P.HOUSING AND URBAN DEVELOPMENT AUTHORITY [LAWS(HPH)-2011-9-71] [REFERRED TO]
GURDITTAMAL VS. BAI SARUP [LAWS(DLH)-1979-12-13] [REFERRED]
INDIAN OIL CORPORATION LIMITED VS. KIRAN CONSTRUCTION COMPANY LIMITED [LAWS(DLH)-2002-9-72] [REFERRED TO]
ABDUL GAFFAR VS. MOHAMMAD PHAPHOO [LAWS(J&K)-1984-9-3] [REFERRED TO]
UNION OF INDIA VS. MYSORE PAPER MILLS LIMITED [LAWS(KAR)-2003-8-1] [REFERRED TO]
SECRETARY STATE OF KARNATAKA PRIMARY AND SECONDARY EDUCATION DEPARTMENT VS. M C NAGAVENI [LAWS(KAR)-2005-12-57] [REFERRED TO]
BRANCH MANAGER, BRITISH INDIA GENERAL INSURANCE CO LTD MARGAO VS. CHANBI SHAIKH ABDUL KADAR [LAWS(BOM)-1968-1-16] [REFERRED]
PUNJAB NATIONAL BANK AND ORS. VS. KINGFISHER AIRLINES LIMITED AND ORS. [LAWS(DLH)-2015-12-134] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. SUKLA DEBNATH [LAWS(GAU)-2003-5-36] [REFERRED TO]
RAM SHARAN LAL TRIPATHI VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2015-12-7] [REFERRED TO]
MANGANTI SURYANARAYANA VS. BOARD OF REVENUE GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-1975-8-18] [REFERRED TO]
M RAMESH KUMAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2011-9-102] [REFERRED TO]
MUNNA LAL AND VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1990-2-14] [REFERRED TO]
SHIVRAJI VS. DEPUTY DIRECTOR OF CONSOLIDATION ALLAHABAD [LAWS(ALL)-1997-7-26] [REFERRED TO]
JAWAHAR SINGH AND ORS. VS. THE UNITED BANK OF INDIA AND ORS. [LAWS(CAL)-2015-8-17] [REFERRED TO]
UNIK ACCURATES PVT LTD VS. SUMEDHA FISCAL SERVICES LTD [LAWS(CAL)-2000-8-14] [REFERRED TO]
MADAN LAL STEELS LTD VS. GOVERNMENT OF TELANGANA [LAWS(APH)-2015-4-24] [REFERRED TO]
SARASWATI DYNAMIC LIMITED VS. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 [LAWS(UTN)-2024-4-19] [REFERRED TO]
COLUMBIA SPORTSWEAR COMPANY VS. DIRECTOR OF INCOME TAX BANGALORE [LAWS(SC)-2012-7-69] [REFERRED TO]
SUKHLAL SEN VS. COLLECTOR DIST SATNA [LAWS(MPH)-1968-11-11] [REFERRED TO]
DEV SINGH VS. REGISTRAR PUNJAB AND HARYANA HIGH COURT [LAWS(SC)-1987-4-8] [DISTINGUISHED]
FAIR AIR ENGINEERS P LTD VS. N K MODI [LAWS(SC)-1996-8-213] [REFERRED TO]
SANWAL RAM VS. ADDITIONAL DISTRICT MAGISTRATESRI GANGANAGAR [LAWS(RAJ)-1981-10-2] [REFERRED TO]
STATE BANK OF INDIA VS. JAH DEVELOPERS PVT LTD & ORS [LAWS(SC)-2019-5-71] [REFERRED TO]
JESSY VAZ VS. CHERIAN [LAWS(KER)-1986-9-25] [REFERRED TO]
MOHD ABDUL SATHAR KHAN VS. SUB DIVISIONAL MAGISTRATE BIDAR [LAWS(KAR)-1984-1-1] [REFERRED TO]
MUNICIPAL COMMITTEE VS. STATE OF PUNJAB [LAWS(P&H)-1966-1-17] [REFERRED TO]
AMRIT BANK LTD VS. UNION OF INDIA [LAWS(P&H)-1968-1-4] [REFERRED TO]
HABIBULLAH KAK VS. J&K SPECIAL TRIBUNAL SRINAGAR [LAWS(J&K)-2021-7-72] [REFERRED TO]
MANIMALAN VS. K SUBRAYAN [LAWS(MAD)-2004-4-212] [REFERRED TO]
C J PALU VS. ASSISTANT COLLECTOR OF CENTRAL EXCISE TRICHUR [LAWS(KER)-1990-4-18] [REFERRED TO]
WIRE NETTING STORES VS. REGIONAL PROVIDENT FUNDS COMMISSIONER [LAWS(DLH)-1970-2-1] [REFERRED TO]
RAJ NARAIN AGGARWAL VS. REGIONAL PROVIDENT FUND COMMISSIONER [LAWS(DLH)-1975-3-28] [REFERRED]
PRAKASH PRAMESH VS. DIRECTOR OF EDUCATION [LAWS(DLH)-2002-9-74] [REFERRED ;]
MOHD RIYAZUR REHMAN SIDDIQUI VS. DEPUTY DIRECTOR OF HEALTH SERVICES [LAWS(BOM)-2008-9-220] [REFERRED TO]
MD GOLAM ALI MINA VS. LAND ACQUISITION COLLECTOR [LAWS(CAL)-1968-5-6] [REFERRED TO]
AGARWAL HARDWARE INDUSTRIES VS. EMPLOYEES STATE INSURANCE CORP [LAWS(CAL)-1976-6-28] [REFERRED TO]
PRAVEEN CHHABRA VS. REAL ESTATE APPELLATE TRIBUNAL [LAWS(DLH)-2022-5-45] [REFERRED TO]
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PRATAPPUR SUGAR AND INDUSTRIES LIMITED VS. DEPUTY LABOUR COMMISSIONER GORAKHPUR [LAWS(ALL)-2000-7-133] [REFERRED TO]
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SUDHIR KUMAR SAXENA VS. STATE OF U.P. [LAWS(ALL)-2019-11-451] [REFERRED TO]
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SONIYA VS. STATE OF U.P. [LAWS(ALL)-2013-5-54] [REFERRED TO]


JUDGEMENT

- (1.)The principal point of law which arises in this appeal by special leave is whether respondent No. 2, the State of Punjab, exercising its appellate jurisdiction under Rule 6 (6) of the Punjab Welfare Officers Recruitment and Conditions of Service Rules, 1952 (hereinafter called 'the Rules') is a Tribunal within the meaning of Art. 136 (1) of the Constitution. The appellant, the Associated Cement Companies Ltd., Bhupendra Cement Works, Surajpur, challenges the validity of the appellate order passed by respondent No. 2 on July 4, 1962 under the provision of the said Rule, directing the appellant to reinstate its Welfare Officer, P. N. Sharma - respondent No. 1. At the hearing of this appeal, a preliminary objection has been raised by Mr. Goyal on behalf of respondent No. 1 that special leave should not have been granted to the appellant, because the appeal is incompetent inasmuch as respondent No. 2 against whose appellate decision the appellant purports to have preferred the present appeal is not a tribunal under Art. 136(1). If the preliminary objection fails, then it would become necessary to consider the appellant's contention that the impugned appellate order is invalid and erroneous and must be set aside.
(2.)The appellant is a company with its Head Office in Bombay and it runs 14 cement factories, 2 collieries and one fire-brick works in 8 States of the Union of India. One such Cement Works is the Bhupendra Cement Works, Surajpur, within the territorial limits of respondent No. 2. Under the provisions of the Factories Act, 1948 (No. 63 of 1948 (hereinafter called the Act) read with the provisions of the Rules, the appellant was required to appoint one Welfare Officer and to notify his appointment and qualification to the "Chief Inspector of Factories. Respondent No. 1 was appointed such a Welfare Officer. The letter of appointment issued to him on March 2, 1956, stated that he would be liable to be transferred from one unit of the appellant to another and that his services could be terminated by the Appellant by one month's notice or with one month's pay in lieu thereof. Respondent No. 1 was first posted at Lakheri Cement Works, Lakheri in Rajasthan, where he joined duty on March 14, 1956.Thereafter, he was transferred from one place to another according to the requirements of service and the working of the appellant's factories. On June 26, 1960, he was posted at the Bhupendra Cement Works. He was working at these Works until September 26, 1961, when his services were terminated. it appears that the appellant transferred respondent No. 1 from Bhupendra Cement Works to Kymore Works which is near Katni in Madhya Pradesh, but apparently, respondent No. 1 was not prepared to go to Kymore Works, and after long and protracted correspondence between the parties, the appellant wrote to him on September 26, 1961, that since he had not proceeded to Kymore on transfer as directed, he had ceased to be in the employment of the appellant; and his name had been struck off from the Company's rolls.
(3.)Respondent No. 1 then filed an appeal before respondent No. 2 as the appellate authority under R.6(6) of the Rules. On receiving notice of the said appeal, the appellant filed its written statement and disputed the validity of the grievance made by respondent No. 1 in respect of the termination of his services. Respondent No. 2 then passed the impugned order on July 4, 1962. This order was issued in the name of the Governor of Punjab in exercise of the powers conferred by R. 6 (6) of the Rules, and it directed that the Governor of Punjab was pleased to reinstate respondent No. 1 as Labour Welfare Officer in the service of the appellant. "However", says the order, "nothing in this order shall be construed to prevent the management from taking action against Mr. P. N. Sharma in accordance with the provisions of the Rules for such acts and commissions on his part as may have come to their notice". It is the validity of this order which is challenged before us by the appellant.


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