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The Associate (Paperback)
Kyle McAvoy is one of the outstanding legal students of his generation: he's good looking, has a brilliant mind and a glittering future ahead of him. But he has a secret from his past, a secret that threatens to destroy his fledgling career and, possibly, his entire life.
One night that secret catches up with him in the form of some bad men in a dark alley -- they have a deeply compromising video of the incident that haunts him. The men make it clear to Kyle that he no longer owns his own future -- that he must do as they tell him, or the video will be made public knowledge, with all the unpleasant consequences.
What price do they demand for Kyle's secret?Strangely, it is for Kyle to do exactly what any ambitious young lawyer would want to do: take a job in New York as an associate at the largest law firm in the world , a job that is incredibly well paid and, with mammoth hours and outrageous billing, could lead to partnership and a fortune.But Kyle won't be working for the company, but against it -- passing on the secrets of the company's biggest trial to date, a dispute between two defense contractors worth billions of dollars to the victor.
Now Kyle is caught between the criminal forces manipulating him and the FBI, who would love to unmask the conspiracy. Will his intellect, cunning and bravery be enough to extricate him from an impossible dilemma?Full of twists and turns and reminiscent of The Firm, The Associate is vintage John Grisham.
About the Author : John Grisham is the author of twenty-two novels, one work of non-fiction, a collection of stories, and a novel for young readers. He is on the Board of Directors of the Innocence Project in New York and is the Chairman of the Board of Directors of the Mississippi Innocence Project at the University of Mississippi School of Law.
He lives in Virginia and Mississippi
(less)The Innocents
Mrs. O'Malley, a Catholic, desparate for grandchildren, confronts her daughter only to be rebuked.
They take on a lodger, Kevin, David's lifelong friend of whom Mrs O'Malley disapproves. Unable to pursue his marital duties, David, to please his mother-in-law by satisfying her want for a grandchild, approaches Kevin to perform the act for him.
Mary approves and invites Kevin (to save face) only when she is in one of her deep sleeps. However, Kevin, feeling guilty, calls on a work mate, Randy, a devout catholic, to do the deed for him.
Mary, to her mother's great pleasure, produced two boy twins and through a nosy neighbour discovers the rightful father. Randy, being a catholic, she approves - and David and Kevin find relief in each others company and are quite happy to become loving uncles.
The novel, high comedy with many intriguing characters and by plots, makes for entertaining reading. Deliverable Countries : This product ships to Set in 1930's Dublin - Mary O'Malley marries David O'Connell, a Protestant.
Both, innocent of the facts of life, regard their marriage on a brother and sister relationship. Mrs.
O'Malley, a Catholic, desparate for grandchildren, confronts her daughter only to be rebuked. They take on a lodger, Kevin, David's lifelong friend of whom Mrs O'Malley disapproves.
Unable to pursue his marital duties, David, to please his mother-in-law by satisfying her want for a grandchild, approaches Kevin to perform the act for him. Mary approves and invites Kevin (to save face) only when she is in one of her deep sleeps.
However, Kevin, feeling guilty, calls on a work mate, Randy, a devout catholic, to do the deed for him. Mary, to her mother's great pleasure, produced two boy twins and through a nosy neighbour discovers the rightful father.
Randy, being a catholic, she approves - and David and Kevin find relief in each others company and are quite happy to become loving uncles. The novel, high comedy with many intriguing characters and by plots, makes for entertaining reading.
Deliverable Countries : This product ships to Set in 1930's Dublin - Mary O'Malley marries David O'Connell, a Protestant. Both, innocent of the facts of life, regard their marriage on a brother and sister relationship.
Mrs. O'Malley, a Catholic, desparate for grandchildren, confronts her daughter only to be rebuked.
They take on a lodger, Kevin, David's lifelong friend of whom Mrs O'Malley disapproves. Unable to pursue his marital duties, David, to please his mother-in-law by satisfying her want for a grandchild, approaches Kevin to perform the act for him.
Mary approves and invites Kevin (to save face) only when she is in one of her deep sleeps. However, Kevin, feeling guilty, calls on a work mate, Randy, a devout catholic, to do the deed for him.
Mary, to her mother's great pleasure, produced two boy twins and through a nosy neighbour discovers the rightful father. Randy, being a catholic, she approves - and David and Kevin find relief in each others company and are quite happy to become loving uncles.
The novel, high comedy with many intriguing characters and by plots, makes for entertaining reading. Deliverable Countries : This product ships to Set in 1930's Dublin - Mary O'Malley marries David O'Connell, a Protestant.
Both, innocent of the facts of life, regard their marriage on a brother and sister relationship. Mrs.
O'Malley, a Catholic, desparate for grandchildren, confronts her daughter only to be rebuked. They take on a lodger, Kevin, David's lifelong friend of whom Mrs O'Malley disapproves.
Unable to pursue his marital duties, David, to please his mother-in-law by satisfying her want for a grandchild, approaches Kevin to perform the act for him. Mary approves and invites Kevin (to save face) only when she is in one of her deep sleeps.
However, Kevin, feeling guilty, calls on a work mate, Randy, a devout catholic, to do the deed for him. Mary, to her mother's great pleasure, produced two boy twins and through a nosy neighbour discovers the rightful father.
Randy, being a catholic, she approves - and David and Kevin find relief in each others company and are quite happy to become loving uncles. The novel, high comedy with many intriguing characters and by plots, makes for entertaining reading.
Deliverable Countries : This product ships to
(less)The Innocents (Paperback )
Mrs. O'Malley, a Catholic, desparate for grandchildren, confronts her daughter only to be rebuked.
They take on a lodger, Kevin, David's lifelong friend of whom Mrs O'Malley disapproves. Unable to pursue his marital duties, David, to please his mother-in-law by satisfying her want for a grandchild, approaches Kevin to perform the act for him.
Mary approves and invites Kevin (to save face) only when she is in one of her deep sleeps. However, Kevin, feeling guilty, calls on a work mate, Randy, a devout catholic, to do the deed for him.
Mary, to her mother's great pleasure, produced two boy twins and through a nosy neighbour discovers the rightful father. Randy, being a catholic, she approves - and David and Kevin find relief in each others company and are quite happy to become loving uncles.
The novel, high comedy with many intriguing characters and by plots, makes for entertaining reading
(less)The Associate
Kyle McAvoy is one of the outstanding legal students of his generation: he's good looking, has a brilliant mind and a glittering future ahead of him. But he has a secret from his past, a secret that threatens to destroy his fledgling career and, possibly, his entire life.
One night that secret catches up with him in the form of some bad men in a dark alley -- they have a deeply compromising video of the incident that haunts him. The men make it clear to Kyle that he no longer owns his own future -- that he must do as they tell him, or the video will be made public knowledge, with all the unpleasant consequences.
What price do they demand for Kyle's secret?Strangely, it is for Kyle to do exactly what any ambitious young lawyer would want to do: take a job in New York as an associate at the largest law firm in the world , a job that is incredibly well paid and, with mammoth hours and outrageous billing, could lead to partnership and a fortune.But Kyle won't be working for the company, but against it -- passing on the secrets of the company's biggest trial to date, a dispute between two defense contractors worth billions of dollars to the victor.
Now Kyle is caught between the criminal forces manipulating him and the FBI, who would love to unmask the conspiracy. Will his intellect, cunning and bravery be enough to extricate him from an impossible dilemma?Full of twists and turns and reminiscent of The Firm, The Associate is vintage John Grisham.
About the Author : John Grisham is the author of twenty-two novels, one work of non-fiction, a collection of stories, and a novel for young readers. He is on the Board of Directors of the Innocence Project in New York and is the Chairman of the Board of Directors of the Mississippi Innocence Project at the University of Mississippi School of Law.
He lives in Virginia and Mississippi. Deliverable Countries : This product ships to Average Customer Review: (1 Customer Reviews) | Showing 1- 1 of 1 reviews .
..
About the Book : It's a deadly game of blackmail. And they're making him play.
Kyle McAvoy is one of the outstanding legal students of his generation: he's good looking, has a brilliant mind and a glittering future ahead of him. But he has a secret from his past, a secret that threatens to destroy his fledgling career and, possibly, his entire life.
One night that secret catches up with him in the form of some bad men in a dark alley -- they have a deeply compromising video of the incident that haunts him. The men make it clear to Kyle that he no longer owns his own future -- that he must do as they tell him, or the video will be made public knowledge, with all the unpleasant consequences.
What price do they demand for Kyle's secret?Strangely, it is for Kyle to do exactly what any ambitious young lawyer would want to do: take a job in New York as an associate at the largest law firm in the world , a job that is incredibly well paid and, with mammoth hours and outrageous billing, could lead to partnership and a fortune.But Kyle won't be working for the company, but against it -- passing on the secrets of the company's biggest trial to date, a dispute between two defense contractors worth billions of dollars to the victor.
Now Kyle is caught between the criminal forces manipulating him and the FBI, who would love to unmask the conspiracy. Will his intellect, cunning and bravery be enough to extricate him from an impossible dilemma?Full of twists and turns and reminiscent of The Firm, The Associate is vintage John Grisham.
About the Author : John Grisham is the author of twenty-two novels, one work of non-fiction, a collection of stories, and a novel for young readers. He is on the Board of Directors of the Innocence Project in New York and is the Chairman of the Board of Directors of the Mississippi Innocence Project at the University of Mississippi School of Law.
He lives in Virginia and Mississippi. Deliverable Countries : This product ships to Average Customer Review: (1 Customer Reviews) | Showing 1- 1 of 1 reviews .
..
About the Book : It's a deadly game of blackmail. And they're making him play.
Kyle McAvoy is one of the outstanding legal students of his generation: he's good looking, has a brilliant mind and a glittering future ahead of him. But he has a secret from his past, a secret that threatens to destroy his fledgling career and, possibly, his entire life.
One night that secret catches up with him in the form of some bad men in a dark alley -- they have a deeply compromising video of the incident that haunts him. The men make it clear to Kyle that he no longer owns his own future -- that he must do as they tell him, or the video will be made public knowledge, with all the unpleasant consequences.
What price do they demand for Kyle's secret?Strangely, it is for Kyle to do exactly what any ambitious young lawyer would want to do: take a job in New York as an associate at the largest law firm in the world , a job that is incredibly well paid and, with mammoth hours and outrageous billing, could lead to partnership and a fortune.But Kyle won't be working for the company, but against it -- passing on the secrets of the company's biggest trial to date, a dispute between two defense contractors worth billions of dollars to the victor.
Now Kyle is caught between the criminal forces manipulating him and the FBI, who would love to unmask the conspiracy. Will his intellect, cunning and bravery be enough to extricate him from an impossible dilemma?Full of twists and turns and reminiscent of The Firm, The Associate is vintage John Grisham.
About the Author : John Grisham is the author of twenty-two novels, one work of non-fiction, a collection of stories, and a novel for young readers. He is on the Board of Directors of the Innocence Project in New York and is the Chairman of the Board of Directors of the Mississippi Innocence Project at the University of Mississippi School of Law.
He lives in Virginia and Mississippi. Deliverable Countries : This product ships to Average Customer Review: (1 Customer Reviews) | Showing 1- 1 of 1 reviews .
..
About the Book : It's a deadly game of blackmail. And they're making him play.
Kyle McAvoy is one of the outstanding legal students of his generation: he's good looking, has a brilliant mind and a glittering future ahead of him. But he has a secret from his past, a secret that threatens to destroy his fledgling career and, possibly, his entire life.
One night that secret catches up with him in the form of some bad men in a dark alley -- they have a deeply compromising video of the incident that haunts him. The men make it clear to Kyle that he no longer owns his own future -- that he must do as they tell him, or the video will be made public knowledge, with all the unpleasant consequences.
What price do they demand for Kyle's secret?Strangely, it is for Kyle to do exactly what any ambitious young lawyer would want to do: take a job in New York as an associate at the largest law firm in the world , a job that is incredibly well paid and, with mammoth hours and outrageous billing, could lead to partnership and a fortune.But Kyle won't be working for the company, but against it -- passing on the secrets of the company's biggest trial to date, a dispute between two defense contractors worth billions of dollars to the victor.
Now Kyle is caught between the criminal forces manipulating him and the FBI, who would love to unmask the conspiracy. Will his intellect, cunning and bravery be enough to extricate him from an impossible dilemma?Full of twists and turns and reminiscent of The Firm, The Associate is vintage John Grisham.
About the Author : John Grisham is the author of twenty-two novels, one work of non-fiction, a collection of stories, and a novel for young readers. He is on the Board of Directors of the Innocence Project in New York and is the Chairman of the Board of Directors of the Mississippi Innocence Project at the University of Mississippi School of Law.
He lives in Virginia and Mississippi. Deliverable Countries : This product ships to Average Customer Review: (1 Customer Reviews) | Showing 1- 1 of 1 reviews
(less)Business Law
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(less)Business Law (Paperback)
It is imperative and essential for all the business executives to have a basic knowledge and understanding of the main provisions of the respective laws which frequently affect their areas of operation. Additionally, this subject is studied by the students of all the traditional as well as professional courses of the commerce stream -M Com, B Com, CA, ICWA, CS etc.
This book is written in a very lucid, conversational and easy-to-understand style, keeping in view the non-legal background of most of the students. It is a comprehensive and consolidated book on business law, containing the chapters pertaining to almost all the main topics pertaining to the subject.
The following Acts are being discussed in the book- Indian Contract Act Negotiable Instruments Act Sale of Goods Act Indian Partnership Act Payment of Bonus Act Payment of Gratuity Act Minimum Wages Act Consumer Protection Act Indian Companies Act Industrial Disputes Act Key Features: Lucid writing style facilitates in understanding the subject-matter with greater ease Flourished with examples to illustrate the concepts Live legal problems, with solutions Chapters open with anecdotes Recent case laws with the decision of courts Chapters end with Points to Remember Questions to reflect upon the contents discussed in the chapter Intriguing practise problems with, suggested solutions About the Author: Satish Mathur Former Professor of Finance & Accounting at IIM, Lucknow. Table of Content: Chapter 1: Business Law-An Overview PART I: LAW OF CONTRACTS Chapter 2: Nature and Classification of Contracts Chapter 3: Offer and Acceptance Chapter 4: Competence to Contract Chapter 5: Free Consent Chapter 6: Lawful Consideration Chapter 7: Lawful Object Chapter 8: Agreements Expressly Declared as Void; Contingent Contract; and Quasi-Contract Chapter 9: Performance of Contracts Chapter 10: Discharge of Contracts Chapter 11 : Remedies for Breach of Contract Chapter 12: Contracts of Indemnity and Guarantee Chapter 13: Contract of Bailment Chapter 16: Contract of Pledge Chapter 15: Contract of Agency PART II: LAW OF NEGOTIABLE INSTRUMENTS Chapter 16: Introduction to Law of Negotiable Instruments Chapter 17: Promissory Notes Chapter 18: Bills of Exchange Chapter 19: Cheques and Bank Drafts Chapter 20: Endorsements Chapter 21: Miscellaneous Legal Provisions on Negotiable Instruments Chapter 22: The Paying Banker Chapter 23: The Collecting Banker PART III: LAW OF SALE OF GOODS Chapter 24: Contract of Sale of Goods Chapter 25: Law of Sale of Goods; and Pricing of Goods Chapter 26: Conditions and Warranties Chapter 27: Transfer of Property (Title) in Goods Chapter 28: Performance of Contract of Sale Chapter 29: Rights of Unpaid Seller; and Sale by Auction PART IV: LAW OF PARTNERSHIP Chapter 30: Essential Elements of Partnership Chapter 31: Essential Elements of Partnership Chapter 32: Rights, Duties, and Liabilities of Partners Chapter 33: Dissolution of Partnership PART V: LAWS OF EMPLOYEES BENEFIT Chapter 34: Law of Payment of Bonus Chapter 35: Law of Payment of Gratuity Chapter 36: Law of Minimum Wages PART VI: LAW OF CONSUMERS? PROTECTION Chapter 37: Definitions and Rights & Protection of Consumers Chapter 38: Remedies and Relief Available to Consumers PART VII: LAW OF COMPANIES Chapter 39: Nature of Companies Their Types and Formation Chapter 40: Memorandum and Articles of Association Chapter 41: Share Capital and Debentures, Equitable Mortgage, and Registration of Charges Chapter 42: Management of Company Chapter 43: Winding-up and Dissolution of Companies PART VII: LAW OF INDUSTRIAL DISPUTES Chapter 44: Object, Scope, and Definitions Chapter 44: Strikes and Lockouts; Lay Off, Retrenchment, and Closure top
(less)Disciplinary Action against Industrial Employees and its Remedies
Where does one draw the line between permissible 'termination simpliciter ' and an action which is stigmatic or punitive? This book also explains clearly the procedure and do's and don'ts for such action. The circumstances under which a disciplinary action taken by an employer can be challenged are also explained clearly.
The remedies that are available to the employee against any illegal or motivated disciplinary action are explained in detail, and the rights and responsibilities of the employees under various laws are explained and discussed at length. Important case-law has been incorporated and legislative changes affecting the rights and obligations of the employers and employees in this field have been taken note of.
The book is of immense utility to the employers, the judiciary, the labour law enforcement agencies and industrial houses. Table of Contents: PART I : DISCIPLINE AND EMPLOYMENT CHAPTER I : DISCIPLINE Introduction 1 Rights and Duties of Employees under Common Law 3 Discipline : Responsibility of Employer 5 Factory, A Living organisation : Modern approach to discipline 6 Disciplinary action and Industrial Peace 7 Industrial Truce Resolution, 1948 8 Industrial Policy Resolution, 1956 9 Code of discipline in industry 14 Recognition of unions : general 17 CHAPTER II : MISCONDUCT AND STANDING ORDERS Unwritten code of conduct and standing orders 45 Misconduct : meaning of 46 Kinds of misconduct 46 Classification of misconduct 47 Misconduct : Act subversive of Discipline : what is 47 Misconduct : scope; what amounts to 48 Misconduct : what is 49 Go-slow : if a misconduct 49 Misconduct : what is not 49 Misconduct and negligence 50 Negligence : when habitual 50 Negligence liable to result in serious consequences is misconduct 51 Dishonesty in connection with the business of the Undertakings 51 Workman's misbehaviour towards his superior while the latter was performing duties imposed on him by his office : misconduct justified dismissal 51 Misconduct outside employment : ordinary law of master and servant 51 Misconduct justifying dismissal : common law 56 Misconduct and punishment 58 Punishment and discretion of management 60 Moral turpitude and misconduct : punishment 60 Apology for misconduct must be unconditional 60 Standing Orders 61 Standing Orders : if have statutory force 62 The Industrial Employment (Standing Orders) Act, : Scope 62 Certification of Standing Orders : Effect 65 Appellate Authority under Standing Orders Act : Powers 66 Interpretation of Standing Orders 66 Standing Order and Misconduct 70 Standing Order providing for discharge simpliciter : exercise of power 70 Private Contract : Standing Orders override 71 Contract of service and Standing Orders when in conflict 72 Two sets of Standing Orders : whether permissible 74 Conditions of service for employees employed prior to enforcement of Standing Orders : If distinction permissible 74 Civil suit-declaration that action against Standing Orders void-if maintainable 75 Alternative relief in case of contravention of Standing Orders by employer 76 CHAPTER III : EMPLOYMENT AND INDUSTRIAL LAWS General 79 Master and Servant 80 Test to determine 80 Loan of servant 85 Principal and agent : master and servant 85 Services of special contract and general hiring 86 Breach of contract and wages 86 Contract of service and Contract for service : Distinction 86 Industrial Employment and Common Law Rights 87 Abandonment of employment 88 Employers 88 Definition 88 Analysis 89 Scope of the definition : 'employer' 90 Employer : meaning of 90 Employer and contractor 91 Right of the employer 91 Employer : restrictions : Article 19 of the Constitution 92 Effect of change of employer in a business concern 92 Transfer of management : Effect of 96 Employer : if bound to provide work 97 Workman 97 Definition 97 Analysis 99 Scope 100 Employed in industry : Essential condition 102 Clerical work : what is scope 103 Technical work : meaning-scope 103 Manual work : meaning : scope 103 Supervisory capacity : scope 104 Managerial or administrative capacity : scope 104 Workmen : supervision and control : nature of 107 Control, extent of : employer-employee relationship 109 Ownership of instrumentalities 110 Transport engineer, foreman, sales engineering representative, etc : Blending supervisor, fuelling superintendent : whether workmen or not : duties, a question of fact 112 Independent contractor engaging workman for work in employers factory : such persons held workmen 115 Workman : who is 116 Workman : who is not 117 Canteen run by contractor : its employees : not workmen 118 Discharged or dismissed employee, if workman 119 Effect of the amendment in Section 2(s) of the Act by Act No.
38 of 1956 119 Whether contractor's employees 'workmen' 119 Contractor or workmen 121 Bidi workers working through contractor : held, workmen 124 Tindal, if a workman 124 Medical officer, if a workman 125 Sirdars in mines, if workmen 125 'Teachers', not workmen 126 'Employed in any industry', malis employed in bungalows of the officers : held, workmen 126 Transfer of a business and workmen 127 Workmen and industrial dispute 127 Industry 128 Definition 128 Analysis 129 'Industry' whether covered by entries 29 and 27 of List III to Schedule 7, Constitution of India 136 Scope of 'Industry' 136 Industry : Test to determine 138 Undertaking : scope 138 'Profit motive and industry' 139 'Industry' : meaning and scope of : what the term includes and excludes tests and guide lines for such inclusion and exclusion 139 Sovereign functions or State activities if exempted from the definition of industry 142 Charitable projects 143 State hospital, held, an industry 144 Activities of pinjrapole held on facts, constitute 'industry' 146 Clubs 148 Educational and research institutions, if 'industry' 148 Textile research institution, held, 'industry' 149 Co-operatives : if industry 152 Federation of Indian Chamber of Commerce held, an industry 152 Indian standards institution, a registered society run by the Government is 'industry' 153 Company carrying on agricultural operations, held industry 155 'Industry' : test for determining if any department of a municipality is 'industry' 155 Departments of municipality held to be 'industry' 156 Local bodies doing public utility service : 'Industry' 157 Vicarious responsibility of master for torts of servants 157 Liability of servants for tort 162 Master not liable : servant's unlawful act without authority 162 Principal and agent 163 Lay-off, retrenchment and closure 163 Lay-off 163 Retrenchment 165 Section if unconstitutional 165 Scope 166 Closure 167 Scope of the section 167 Constitutional validity of the section 168 Legislative References : Industrial Disputes Act, 1947 173 CHAPTER IV : THE INDUSTRIAL DISPUTES LEGISLATION AND ITS EFFECT ON COMMON LAW History of Industrial Legislation in India 178 Present labour legislation 186 Statement of objects and reasons of Act No. XIV of 1947 186 Amending Acts to the Industrial Disputes Act, 1947 188 Act No.
LIV of 1919 189 Act No. XLVIII of 1950 190 Act No.
XL of 1951 191 Act No. XVIII of 1952 191 Act No.
XLVIII of 1954 192 Act No. 36 of 1956 192 Act No.
XLI of 1956 193 Act No. XXXVI of 1964 193 Act No.
35 of 1965 194 Act No. 32 of 1976 195 Act No.
46 of 1982 196 Act No. 49 of 1984 198 State enactments relating to industrial disputes 198 General 198 U.
P. Industrial Disputes Act 199 Bombay Industrial Relations Act 199 Industrial Disputes Act in its application to various States 201 General 201 Article 254 of the Constitution : attraction of Clause 1 201 Constitution of India : Article 254 : Scope : implied repeal 202 Repugnancy : Scope 203 Industrial Disputes Act and Travancore-Cochin Industrial Disputes Act 207 Industrial Disputes Act and Saurashtra Ordinance VI of 1948 208 Industrial Disputes Act and U.
P. Industrial Disputes Act 208 Bombay Industrial Relations Act (II of 1947) as adapted in Madhya Pradesh : Article 254 209 Special Enactments and Industrial Disputes 210 Welfare State 212 An incorporated company : if a citizen 212 An incorporated company and fundamental rights 213 Industrial Disputes Legislation : if effect 214 Industrial Disputes Act, 1947, if ultra vires : Articles 14 and 19 Constitution of India 217 Freedom of contract : restrictions under industrial laws : social justice 219 Successor in business : contract law and effect on service 222 PART II : ENQUIRY AND PUNISHMENT CHAPTER V : DOMESTIC ENQUIRY Enquiry : meaning and scope 225 Standing Orders and enquiry 225 Absence of Standing Orders 226 Preliminary enquiry : nature and scope 226 Preliminary enquiry and domestic enquiry : Difference 227 Enquiry into misconduct of servant : criminal trial 229 Judgment of criminal court : whether binding in departmental enquiry 230 Enquiry and Criminal Trial : whether alternative 230 Charge-sheet : Necessity of 230 Object of Charge-sheet 230 Contents of Charge-sheet 231 Charges : Frame of : mala fides 232 Precision and clarity of charges : what is 232 Effect of charge-sheet 232 Responsibility of person signing charge-sheet 232 Change in charge-sheet 233 Charge-sheet vague and indefinite : plea not definitely raised : effect 233 Explanation 233 Domestic enquiries limited to charge framed 233 Service of charge-sheet : mode 234 Charge vague and evidence not sufficient to connect the charged officer with the alleged misconduct 234 Conditional Apology, if waiver of the right of enquiry 234 Domestic enquiry : principles 235 General 235 Natural justice 237 Notice served in the forenoon for enquiry in the afternoon 238 Previous notice : right to present case 239 Delegation of authority to record evidence by Enquiry Officer : bad 239 Recording of evidence 240 Written statement of a witness not examined : effect 241 Evidence : recording of : fair opportunity 241 Non disclosure of evidence against employee : effect 243 Evidence not recorded in conformity with the provisions of Evidence Act 243 Summoning of evidence : witness not attending : inability to record evidence : effect 244 Stage of examination of workman in domestic enquiry 245 Evidence Act : admissibility : leading questions 247 Pleadings : applicability 247 Appreciation of evidence : domestic enquiry 248 Evidence : nature and quantum 248 Finding of quasi-judicial authority : if could be relied in enquiry 249 Order of acquittal : failure to take into consideration 249 Findings of enquiry officer : failure to record : effect 250 Domestic enquiry ex-parte 251 Refusal to reopen the case after close of enquiry 251 Reopening of proceedings if possible when officer reinstated without reasoned findings being recorded 251 Standing Orders : procedure : non-compliance 251 Order shall contain reasons 252 Absence of report by the enquiry officer 252 Enquiry : facts admitted or proved 252 Irregularities : Effect 253 Reference to bad past record in the order without bringing the fact to the knowledge of workman in enquiry : Effect 253 Facts : admitted or proved 253 Finding on facts : when perverse 253 Disbelieving defence witnesses in violation of rule of natural justice vitiates enquiry 255 Recommendations regarding punishment not essential in enquiry report 255 Fair hearing : what it includes 255 Proper enquiry : what is 256 Proper enquiry : what is not 257 Second enquiry 257 Contempt of court : domestic enquiry : scope 258 CHAPTER VI : BIAS AND DOMESTIC ENQUIRY Principles underlying bias 260 Statutory provision and bias 261 Principles of bias : if can be overruled by statute 262 Official 'bias' vis-a-vis statutory provision 262 Due process of law 263 Supreme Court's view 263 No one shall be Judge in his own cause : nemo debet esse judex in propria causa 264 Pecuniary interest and prejudice 265 Officers as members of committee exercising quasi-judicial functions 267 Domestic Tribunal : enquiry and bias 268 Expression of opinion by superior officer : enquiry by his subordinate bias : Effect 269 Enquiry officer : in position of witness 270 Presiding Officer as witness 271 Domestic enquiry conducted by a lawyer : bias 272 Personal involvement of manager : right to hold enquiry 273 Officer holding preliminary enquiry : not debarred to hold enquiry 273 Bias : what constitutes 274 Bias : vitiating orders 274 Bias : Test of : departmental enquiry where can be quashed 276 Bias : question of fact and hence cannot be decided under Article 226 276 CHAPTER VII : NATURAL JUSTICE Natural justice : meaning and scope 277 Development of the principles of natural justice in English jurisprudence 278 Principles : English and foreign decisions 282 Principles laid down by Court in India 290 Natural justice : question to be considered in the light of relevant Act 297 Applicability 299 Previous notice : right to present case 299 Natural justice : fair play in action 300 Enquiry : rules of natural justice 300 CHAPTER VIII : PUNISHMENTS Punishment : scope 301 Punishment and discretion of management 304 Punishment : insubordination and indiscipline 305 Punishment : scope 305 Section 11-A : Industrial Disputes Act, 1947 : scope 306 Award of lesser punishment : justification 307 Adequacy of punishment : if fresh evidence can be adduced 308 Report of the enquiry officer not served on the delinquent workman nor proper and adequate opportunity to show cause against the punishment contemplated given : Standing Order, Order 26(e) : show cause notice pasted on notice board : insufficient time to show cause : principles of natural justice violated 309 Punishment recommended by enquiry officer should be communicated 309 Disciplinary authority's concurrence with the finding of the enquiry officer regarding punishment : effect 310 Censure or Warning : scope 310 Censure : what is 310 Censure of warning : difference 310 Fine 311 Suspension : scope 312 Suspension : if a punishment 313 Suspension pending enquiry 314 Suspension, if a cloak to hide real intention held punishment 314 Wages during the period of suspension 314 Suspension pending permission under Section 33 315 Suspension : an industrial dispute 318 Discharge : dismissal : distinction 318 Dismissal 319 Dismissal, unjustified 319 Dismissal, justified 320 Dismissal with retrospective effect 322 Dismissal order based on cumulative effect of lapses : result if some of the lapses are not found sustainable 322 Non-speaking order of removal arbitrary : cannot be upheld 323 Authority to pass final orders : failure to exercise : effect 323 Discharge 324 Discharge simpliciter, when amounts to punishment 324 Absence : termination of services 325 Discharge justified : not punishment 327 Probation : discharge 327 Discharge due to ill health and retrenchment : distinction 329 Break in service : condonation of 330 Unfair labour practice and victimisation 330 Unfair labour practice : introductory 331 Unfair labour practices : National Labour Commission 333 Victimisation and unfair labour practices : meaning of 333 Victimisation : scope : what amounts to 335 Victimisation : pleadings 337 Victimisation : power to tribunals : limitation 338 Victimization : finding of the court in adjudication : effect : High Court or Supreme Court : interference : scope 340 Loss of confidence : discharge : scope 341 PART III : REMEDIES CHAPTER IX : GENERAL Introduction 351 Remedies and discretion of Government 353 'Industrial Disputes' 353 Legislative reference 353 Object and scope 355 Section prospective and not retrospective 355 Section if offends Act 14 of the Constitution 355 Likewise terminate the services 356 Section 2-A and Section 23 : scope of : strike 356 Terms and conditions of employment 357 Meaning of 357 Scope of 358 Conditions of labour 358 Meaning of 358 Scope of 359 Implied term of employment : mixed question of fact and law 359 Alteration in : what is 359 Subject matter of 'Industrial Disputes' 359 General 359 Necessity of direct and substantial interest of employer or workmen 360 Scope of 361 Subjective discretion of Government 361 'Any person' : if includes all employees 361 Scheme of the Act 361 If should be 'workmen' 362 Scope 363 How a dispute can be raised 364 When a dispute can be raised 365 Individual dispute and collective dispute 365 Individual Dispute : when an industrial dispute 367 Strength of workmen necessary to constitute industrial dispute 368 Individual workman : measure and nature of support 369 Individual dispute : Cause sponsored by a stranger Union : effect 371 Several Departments : industrial dispute when to be backed by the Department in which the worker is employed 371 Whether an individual dispute developed to an industrial dispute has to be decided with the time of reference 371 Industrial dispute reference : workers sponsoring cause, withdrawing support : effect 372 Industrial dispute and individual dispute : burden of proof 372 Loss to the employer due to illegal strikes : industrial dispute 372 Industrial Dispute : what is 373 Industrial Dispute : what is not 374 Interpretation of industrial laws : principles of 374 Liberal and beneficial construction 376 Liberal construction : social records 377 Mischief rule : statute to be read as a whole 380 Literal construction 380 Socio economic changes and interpretation 380 Contextual meaning : legislative intent should be gathered not by reading any provision in isolation but by reading the entire statute 381 Context in which legislation passed : important when words having more than one meaning 381 Anomaly : Court's interpretation to a provision leading to anomalous situation 381 ''Equity of the Statute'' Rule 382 Plain meaning must be given effect to decipher legislative intent 382 General or Special Statute Industrial Disputes Act, vis-a-vis Life Insurance Corporation Act 383 Generalia specialibus non derogant 384 CHAPTER X : CONCILIATION General 385 Compulsory conciliation under the statutory authority 386 Conciliation : Arbitration and Civil Law 387 Works Committee : scope and function 387 Decisions of Works Committee : how far binding 388 Dissolution of Works Committee : powers of Labour Commissioner Industrial Disputes (Mysore) rules 390 Conciliation : legislative notes 391 Conciliation Officer : primary aim 391 Difference between Conciliation Officer and Board of Conciliation 392 Conciliation Officer : power 392 Obligation, if any, to initiate conciliation proceedings 393 Conciliation and reference 393 Nature of order : if administrative : writ, if could be issued 394 Duty of Government and Conciliation Proceedings 394 Conciliation Proceedings and Reference under Section 10 396 Conciliations Proceedings and Procedure 396 Conciliation Officer : not a Tribunal : no appeal to Supreme Court 397 Grievance settlement authorities 398 Scope 398 Section 9-C, Industrial Disputes Act, 1947 398 CHAPTER XI : ADJUDICATION AND ARBITRATION General 402 Introductory 402 Definition of the Term 'Arbitration' 402 Legislative Notes 403 Analysis 406 Reference of Industrial Disputes 410 Reference : conciliation proceedings, if necessary 410 Adequate remedy under separate Act and Scheme : reference improper 411 Reference : company under liquidation : Section 466 of the Companies Act : Effect 411 Reference : when complete 411 Requisites of valid notifications 411 Employer and reference 413 Reference and 'Appropriate Government' 414 Reference : Standing Orders 415 Order under Section : administrative 416 Discretion of the Government to make reference : public utility service 416 Discretion of the Government to make reference in respect of non public utility service 417 Jurisdiction of the Government to make reference 419 Expediency and reference 419 Merits of dispute : duty of Government 420 Power of reference : scope : prima facie case on merits : scope 420 Employer's action how far could be scrutinised at the time of reference 422 Administrative Act : whether writ can issue 422 Reference : when can be challenged by writ 422 Refusal to refer : scope 423 Refusal to refer : issue of writ 425 Refusal to refer : other situations 426 Refusal to refer unjustified 426 Reference : refusal : subsequent reference : effect : res judicata 427 Reference : refused : subsequent reference : notice to employer, if necessary 428 Fresh reference after the first reference rejected in default of workman 429 Reference : Union 429 Reference and management 429 'At any time' : no time limit for reconsidering earlier order 431 Demand : form of : scope of reference 432 Demand on the employers : nature and scope 433 Demand on the management : necessity 433 Jurisdiction of the Government to make reference 433 Reference : when can be challenged by writ 434 Common reference for a number of Factories : if and when justified 436 Reference barred : if dispute settled 437 Prior settlement : subsequent reference : pleas of discrimination : Reference 438 Second reference : when illegal 439 Settlement with a Union in conciliation proceeding : other Unions objecting : reference valid 439 Reference of dispute : limitation 441 Violation of Section 33, Industrial Disputes Act, 1947 and reference 442 Matter in adjudication : Section 10(6)(a) : scope 442 Reference and subject matter of Industrial Dispute 443 Reference and parties to a dispute 443 Reference and pleading 444 Power of Government to cancel, etc.
, reference 444 Cancellation or withdrawal of reference 445 Withdrawal however is not cancellation 446 Power of Government to amend 446 Amendment or modification of a reference-power of the Government 447 Reference : terms, if can be widened 448 Reference : correction : Government cannot widen the scope 448 Closure and reference 448 Closure : pending reference : effect 449 Matter of closure compensation can be referred 449 Tribunals : Power and Jurisdiction 449 Tribunal, if a court 449 Functions of Tribunals : quasi judicial 450 Functions of Tribunal, analogous to judicial one 451 General pattern of Tribunal is of a civil court 451 Powers of Tribunal : limitation 452 Scope of Tribunals 452 Reference and jurisdiction of Tribunal 454 Nature and scope of the power and functions of Tribunal in scan reference 455 Reference and scope of enquiry 455 Scope of adjudication : matter incidental to 458 Adjudication : powers 459 Jurisdiction : exercise of 462 Jurisdiction of industrial tribunal when no enquiry held before termination of service 463 Interference in punishment 464 Jurisdiction of tribunal to decide if domestic enquiry fair 464 Perverse finding : what is 465 Applicability of Promissory Estoppel in making reference under 466 Reference by Government : reference containing both phrases : 'Industrial Disputes Exists' and 'Industrial Dispute is apprehended' : Application of mind : reference not invalid 466 Acquiescence or Estoppel 466 Doctrine of Merger 467 Question of jurisdiction to be raised before the Tribunal 467 Jurisdiction : consent and acquiescence : effect of 467 Jurisdiction : wrong assumption by Tribunal : remedy 468 Jurisdiction to decide an issue : wrong decision : remedy by writ, if available 468 Jurisdiction dependent on collateral fact : wrong decision : remedy by writ 468 Power of civil courts and High Court over the Tribunals 469 Writ of prohibition : stage for motion 471 Jurisdiction depending on facts : writ 471 Wrong decision : if writ can issue 472 Writ of certiorari : condition and stage for motion 472 Commercial and industrial arbitration : distinction 475 Reference to arbitration : interpretation of reference 476 Arbitrator : whether a statutory arbitrator : writ if could issue 477 Arbitrator's award : how far amendable to writ 478 Appeal by special leave against award by the arbitrator 481 Award of arbitrator whether speaking order 481 Powers of arbitrator : scope 485 Social justice 486 Organisation of labour 487 Social justice : rule of law 488 Social justice : meaning and scope 489 Social justice : principles : interest of all concerned to be kept in view 490 Social and economic justice 490 Social and ethical considerations : national economy 491 The development and growth of industrial law 491 Freedom of contract : restrictions under industrial law 492 Social justice : disciplinary action 493 Social legislation : interpretation 493 Beneficial construction 494 Remedical and beneficial legislation 495 Procedure 496 General 496 Tribunals and procedure 498 Evidence Act : applicability 498 Evidence 499 Tribunal if can rely on evidence not produced by the parties 499 Inspection of documents 501 No roving investigation 502 Procedure and production of documents 502 Privilege 503 Notice of proceedings 503 Consolidation of proceedings 503 Parties 503 Amendments 504 Omission of issues 504 Assessor 504 Relief to be granted : nature of 504 Tribunal's finding for lesser punishment but dismissal order maintained : award bad 505 Order mala fide : court to determine 505 Right of the Tribunal to alter, modify or interpret the award 505 Contempt of Court : domestic enquiry : scope 506 Res judicata : industrial adjudication 508 Costs : scope and power of Tribunals, etc. 508 Interim relief 511 Award : scope of 511 Extension of time for passing the award 511 Award : what is not 512 Award : what is 512 Determination : what is 512 'Determination' distinguished from 'Termination' and 'Withdrawal' 513 Award : in terms of compromise 513 Interpretation of the award 515 Right of the Tribunal to alter, modify or interpret the award 515 CHAPTER XII : REPRESENTATION OF PARTIES IN PROCEEDINGS Introduction 517 Who can represent 517 Parties right to appear 518 Representation of a party : what is 518 Agent of employer : if can represent 518 Unions right to represent : scope 519 Representation : by workmen : limitations 519 Workmen or employer : right to represent 519 Individual workman : separate representation 519 Dispute : sub-section 36(4) 520 Letter of authority, if enough for the purposes of representation 521 Effect of representation by union not registered 521 Provision of Section 36(1)(c) : scope : registered and unregistered trade unions 521 Bar for legal practitioners to appear, if ultra vires the Constitution of India, Articles 14 and 19 522 Legal practitioner being an officer of a union or association or a director or officer of a company, if can represent 524 Representatives, if have right to compromise 525 CHAPTER XIII : CHANGE IN CONDITIONS OF SERVICE PENDENCY OF PROCEEDINGS REMEDIES Introduction 528 Legislative reference 529 Scope and legislative development of Section 33 531 Dismissal, etc.
, of an individual workman to be deemed to be an industrial dispute 533 Enquiry and scope 533 Discharge simpliciter : if covered by the Section 535 Section 33(2)(b) : scope 537 Section 33(2)(b) : provision mandatory 538 'Protected workman' who is : question of fact 538 'Protected workmen' : nature of protection under 538 Protected workmen : permission not necessary after termination of proceedings 539 Pendency ceasing to exist : application for approval under Section 33(2)(b), in infructuous 540 Decision of application under Section 33 : limitation 'Authority concerned' 541 Discharge pursuant to notice issued before pendency : permission, if necessary 541 Permission on letter of resignation : refusal unjustified 542 'Discharge' under section does not include 'discharge on closure' 542 Prima facie case : what is 542 Prima facie case : Permission to be given 542 Contravention of section : what is 544 Contravention of Section 33 : retrenchment 544 Pendency of proceedings 544 Reference : Amendment of : pendency of proceedings 544 Order of employer passed and intimated before pendency, but executed during pendency, effect of 544 Order passed before reference but despatched after reference, if contravenes Section 33 545 Pendency : knowledge of 545 Pendency before a High Court 545 Pendency : proceedings under Section 36-A 546 Criminal trial and domestic enquiry 546 Order of discharge and its communication 546 Application under section : change in Tribunal 546 Matter connected with the dispute 546 Individual dispute developing into a collective dispute and workmen concerned 547 Different departments : workmen concerned 547 Claim for bonus : all workmen concerned 547 'Workmen concerned' dependent on nature of dispute 547 Parties in the order of reference and workmen concerned 549 Workmen concerned : liberal interpretation 550 Employee subsequently employed : if workman concerned 551 Workman concerned : burden of proof 551 Workman concerned : a question of fact to be decided in each case 551 Probationer or temporary workman 551 Application and scope of Sections 33 and 33-A in matters of 552 Retrenchment 552 Suspension 552 Transfer 554 Lock-out 556 New work-load 557 Transfer of an undertaking 558 Interim relief 558 Employer : Sections 33 and 33-A 558 Change of management : effect of 558 Who can apply : Section 33 559 Approval for dismissal order : date of filling approval application 559 Application not limited to individual workman 559 Nature of proceeding : judicial 560 Notice to opposite party : to individual workman, necessary : notice to Union, if sufficient 560 Temporary workmen : permission, if necessary 560 Discharge of temporary workmen : permission, if could be refused 561 Application under Section : duty of Tribunal 562 Jurisdiction of Tribunal 564 Conditional permission 566 Application under Section specifying proposed punishment : whether bad 566 Right to justify order before Tribunal passed by the employer 566 Right of employer to adduce evidence before Industrial Tribunal manner and the stage at which request should be made 567 Opportunity to lead evidence : scope : stage 568 Application for permission for dismissal of an employee for his insulting behaviour towards customers of the company 569 Distinction under Sections 33(1) and (2) 569 Proviso to Section 33(2), if applied to establishment having Standing Order 569 Payment of one month's wages 570 Date of payment of one month wage when payment made by money order 570 Delay 570 Application for approval : pay 570 Permission to dismiss : refusal not proper 570 Effect of approval 572 Effect of employer withdrawing his application under the section equivalent to not filing an application 572 Permission to discharge : refusal justified 572 Order : nature of 573 Judgment in criminal case : admissibility and relevancy 574 Proceedings in criminal court and permission under section 574 Refusal to answer to queries of manager : act subversive of discipline 574 Complaint under Section 33-A : who can apply 575 Proceeding under Section 36-A : application under Section 33-A : if would lie 575 Discharge simpliciter 576 Interim relief 576 Scope and relief under Section 33-A 576 Complaint to be decided on merits 578 Procedure under section 578 Scope of enquiry : determination of dispute 579 Complaint under Section must be connected with the dispute 579 Findings under Section 33 : relevancy under Section 33-A 580 CHAPTER XIV : SUIT OR APPEAL Jurisdiction of Civil Court : Industrial Dispute 582 Finality of the award and the jurisdiction of the civil Court 584 Jurisdiction of Civil Courts to entertain labour dispute : Principles applicable to : jurisdiction to make an order or decree for injunction to prevent threatened injury or breach of the right : Industrial Disputes Act, 1947, Sections 10 and 2(k) Civil Procedure Code, 1908, Section 9 584 Civil Courts, if have powers to grant reinstatement 585 Jurisdiction when not barred 586 Suit for declaration that person continues in service and suit for damages : difference 587 Appeal from awards of the Tribunal to Supreme Court : Article 136 of the Constitution 587 Tribunal : meaning of 587 Scope 588 Discretion : principles for the exercise of 589 Determination and order : Article 136 : meaning and scope 591 High Court refusing to exercise its inherent jurisdiction : appeal to Supreme Court : scope of power of Supreme Court under the Article 592 Consideration of evidence and facts 592 Parties to appeal 592 Jurisdiction of Supreme Court vis-a-vis awards of Tribunals 593 Jurisdiction : scope of the plea : want of jurisdiction cannot be raised for the first time in Supreme Court 595 Tribunal's finding that an employee is or is not a workman : Supreme Court will not interfere 595 Points not taken in original Industrial Court or even in the leave petition cannot be raised thereafter 595 Finding of fact 596 Appeal to Supreme Court and writ to High Court 596 CHAPTER XV : WRITS Writs : Articles 32 and 226 598 Powers of High Courts 600 Two interpretations possible : High Court not to interfere in writs 600 Powers of Supreme Court and High Courts 601 Distinction 601 Jurisdiction : Exercise of 601 Territorial jurisdiction 602 Writ and Administrative Order 604 Alternative remedy no bar to writ where fundamental rights are concerned 606 Writ and alternative remedy 607 Right to relief under Article 226 609 Adequate alternative remedy : no writ 609 Writ when other remedy availed or proceedings pending 610 Erroneous decision no ground for writ 611 Jurisdiction to issue writ of certiorari : existence of person or authority 612 Want of jurisdiction and wrong decision on facts collateral to jurisdiction 612 Writ against local bodies or corporations 613 Writ by State Government against Central Government 613 Res judicata : application in writ proceedings 614 Waiver : plea to be specifically raised 615 Delay, laches and acquiescence 615 Laches : scope 616 Laches or delay : principles 617 Discretionary power of Supreme Court : rule against laches one of practice and not of law 617 Laches 617 Mere filing of applications not enough 617 Principles for issue of : writ of certiorari 618 Nature of certiorari 622 Writ of mandamus 622 Nature of mandamus 622 Writ of prohibition 624 Nature of prohibition 625 Aggrieved person 626 Article 227 627 Administrative and judicial function 628 Tribunal's right to decide the question of jurisdiction : writ 629 Writ issued to decide jurisdictional issue as preliminary issue 630 Wrong exercise of jurisdiction : writ issued 631 Arbitration and ward and writ 631 Parties to the writ of mandamus 633 Parties : writ : workmen not members of any registered Union 634 Writ of mandamus sought by workmen for referring a dispute employer not a necessary party 634 Secretary of an association : if could move writ for its individual member 634 Writ filed by registered Trade Union if maintainable 635 Public interest litigation : writ 635 APPENDICES Industrial Disputes Act, 1947 651 Rules-(1) Industrial Tribunal Procedure Rules, 1949 773 (2) Industrial Tribunal (Central Procedure) Rules, 1954 774 (3) Industrial Disputes (Central) Rules, 1957 775 Industrial Disputes (Banking and Insurance Companies) Act, 1949 822 Industrial Disputes (Banking Companies) Decision Act, 1955 824 Industrial Employment (Standing Orders) Act, 1946 831 Industrial Employment (Standing Orders) (Bombay Amendment) Act,1957 848 Industrial Employment (Standing Orders) Central Rules, 1946 848 SUBJECT INDEX 873 Deliverable Countries : This product ships to About the Book: A complete, practical and thorough work that gives full guidance to the employer as well as the employee in various kinds of disciplinary action cases. In very practical terms it explains the rights and obligations of the employer and imparts an understanding of the areas in which an employer may still dispense with the services of an employee, without inviting the legal or judicial odium.
Where does one draw the line between permissible 'termination simpliciter ' and an action which is stigmatic or punitive? This book also explains clearly the procedure and do's and don'ts for such action. The circumstances under which a disciplinary action taken by an employer can be challenged are also explained clearly.
The remedies that are available to the employee against any illegal or motivated disciplinary action are explained in detail, and the rights and responsibilities of the employees under various laws are explained and discussed at length. Important case-law has been incorporated and legislative changes affecting the rights and obligations of the employers and employees in this field have been taken note of.
The book is of immense utility to the employers, the judiciary, the labour law enforcement agencies and industrial houses. About the Book: A complete, practical and thorough work that gives full guidance to the employer as well as the employee in various kinds of disciplinary action cases.
In very practical terms it explains the rights and obligations of the employer and imparts an understanding of the areas in which an employer may still dispense with the services of an employee, without inviting the legal or judicial odium. Where does one draw the line between permissible 'termination simpliciter ' and an action which is stigmatic or punitive? This book also explains clearly the procedure and do's and don'ts for such action.
The circumstances under which a disciplinary action taken by an employer can be challenged are also explained clearly. The remedies that are available to the employee against any illegal or motivated disciplinary action are explained in detail, and the rights and responsibilities of the employees under various laws are explained and discussed at length.
Important case-law has been incorporated and legislative changes affecting the rights and obligations of the employers and employees in this field have been taken note of. The book is of immense utility to the employers, the judiciary, the labour law enforcement agencies and industrial houses.
Table of Contents: PART I : DISCIPLINE AND EMPLOYMENT CHAPTER I : DISCIPLINE Introduction 1 Rights and Duties of Employees under Common Law 3 Discipline : Responsibility of Employer 5 Factory, A Living organisation : Modern approach to discipline 6 Disciplinary action and Industrial Peace 7 Industrial Truce Resolution, 1948 8 Industrial Policy Resolution, 1956 9 Code of discipline in industry 14 Recognition of unions : general 17 CHAPTER II : MISCONDUCT AND STANDING ORDERS Unwritten code of conduct and standing orders 45 Misconduct : meaning of 46 Kinds of misconduct 46 Classification of misconduct 47 Misconduct : Act subversive of Discipline : what is 47 Misconduct : scope; what amounts to 48 Misconduct : what is 49 Go-slow : if a misconduct 49 Misconduct : what is not 49 Misconduct and negligence 50 Negligence : when habitual 50 Negligence liable to result in serious consequences is misconduct 51 Dishonesty in connection with the business of the Undertakings 51 Workman's misbehaviour towards his superior while the latter was performing duties imposed on him by his office : misconduct justified dismissal 51 Misconduct outside employment : ordinary law of master and servant 51 Misconduct justifying dismissal : common law 56 Misconduct and punishment 58 Punishment and discretion of management 60 Moral turpitude and misconduct : punishment 60 Apology for misconduct must be unconditional 60 Standing Orders 61 Standing Orders : if have statutory force 62 The Industrial Employment (Standing Orders) Act, : Scope 62 Certification of Standing Orders : Effect 65 Appellate Authority under Standing Orders Act : Powers 66 Interpretation of Standing Orders 66 Standing Order and Misconduct 70 Standing Order providing for discharge simpliciter : exercise of power 70 Private Contract : Standing Orders override 71 Contract of service and Standing Orders when in conflict 72 Two sets of Standing Orders : whether permissible 74 Conditions of service for employees employed prior to enforcement of Standing Orders : If distinction permissible 74 Civil suit-declaration that action against Standing Orders void-if maintainable 75 Alternative relief in case of contravention of Standing Orders by employer 76 CHAPTER III : EMPLOYMENT AND INDUSTRIAL LAWS General 79 Master and Servant 80 Test to determine 80 Loan of servant 85 Principal and agent : master and servant 85 Services of special contract and general hiring 86 Breach of contract and wages 86 Contract of service and Contract for service : Distinction 86 Industrial Employment and Common Law Rights 87 Abandonment of employment 88 Employers 88 Definition 88 Analysis 89 Scope of the definition : 'employer' 90 Employer : meaning of 90 Employer and contractor 91 Right of the employer 91 Employer : restrictions : Article 19 of the Constitution 92 Effect of change of employer in a business concern 92 Transfer of management : Effect of 96 Employer : if bound to provide work 97 Workman 97 Definition 97 Analysis 99 Scope 100 Employed in industry : Essential condition 102 Clerical work : what is scope 103 Technical work : meaning-scope 103 Manual work : meaning : scope 103 Supervisory capacity : scope 104 Managerial or administrative capacity : scope 104 Workmen : supervision and control : nature of 107 Control, extent of : employer-employee relationship 109 Ownership of instrumentalities 110 Transport engineer, foreman, sales engineering representative, etc : Blending supervisor, fuelling superintendent : whether workmen or not : duties, a question of fact 112 Independent contractor engaging workman for work in employers factory : such persons held workmen 115 Workman : who is 116 Workman : who is not 117 Canteen run by contractor : its employees : not workmen 118 Discharged or dismissed employee, if workman 119 Effect of the amendment in Section 2(s) of the Act by Act No. 38 of 1956 119 Whether contractor's employees 'workmen' 119 Contractor or workmen 121 Bidi workers working through contractor : held, workmen 124 Tindal, if a workman 124 Medical officer, if a workman 125 Sirdars in mines, if workmen 125 'Teachers', not workmen 126 'Employed in any industry', malis employed in bungalows of the officers : held, workmen 126 Transfer of a business and workmen 127 Workmen and industrial dispute 127 Industry 128 Definition 128 Analysis 129 'Industry' whether covered by entries 29 and 27 of List III to Schedule 7, Constitution of India 136 Scope of 'Industry' 136 Industry : Test to determine 138 Undertaking : scope 138 'Profit motive and industry' 139 'Industry' : meaning and scope of : what the term includes and excludes tests and guide lines for such inclusion and exclusion 139 Sovereign functions or State activities if exempted from the definition of industry 142 Charitable projects 143 State hospital, held, an industry 144 Activities of pinjrapole held on facts, constitute 'industry' 146 Clubs 148 Educational and research institutions, if 'industry' 148 Textile research institution, held, 'industry' 149 Co-operatives : if industry 152 Federation of Indian Chamber of Commerce held, an industry 152 Indian standards institution, a registered society run by the Government is 'industry' 153 Company carrying on agricultural operations, held industry 155 'Industry' : test for determining if any department of a municipality is 'industry' 155 Departments of municipality held to be 'industry' 156 Local bodies doing public utility service : 'Industry' 157 Vicarious responsibility of master for torts of servants 157 Liability of servants for tort 162 Master not liable : servant's unlawful act without authority 162 Principal and agent 163 Lay-off, retrenchment and closure 163 Lay-off 163 Retrenchment 165 Section if unconstitutional 165 Scope 166 Closure 167 Scope of the section 167 Constitutional validity of the section 168 Legislative References : Industrial Disputes Act, 1947 173 CHAPTER IV : THE INDUSTRIAL DISPUTES LEGISLATION AND ITS EFFECT ON COMMON LAW History of Industrial Legislation in India 178 Present labour legislation 186 Statement of objects and reasons of Act No.
XIV of 1947 186 Amending Acts to the Industrial Disputes Act, 1947 188 Act No. LIV of 1919 189 Act No.
XLVIII of 1950 190 Act No. XL of 1951 191 Act No.
XVIII of 1952 191 Act No. XLVIII of 1954 192 Act No.
36 of 1956 192 Act No. XLI of 1956 193 Act No.
XXXVI of 1964 193 Act No. 35 of 1965 194 Act No.
32 of 1976 195 Act No. 46 of 1982 196 Act No.
49 of 1984 198 State enactments relating to industrial disputes 198 General 198 U.P.
Industrial Disputes Act 199 Bombay Industrial Relations Act 199 Industrial Disputes Act in its application to various States 201 General 201 Article 254 of the Constitution : attraction of Clause 1 201 Constitution of India : Article 254 : Scope : implied repeal 202 Repugnancy : Scope 203 Industrial Disputes Act and Travancore-Cochin Industrial Disputes Act 207 Industrial Disputes Act and Saurashtra Ordinance VI of 1948 208 Industrial Disputes Act and U.P.
Industrial Disputes Act 208 Bombay Industrial Relations Act (II of 1947) as adapted in Madhya Pradesh : Article 254 209 Special Enactments and Industrial Disputes 210 Welfare State 212 An incorporated company : if a citizen 212 An incorporated company and fundamental rights 213 Industrial Disputes Legislation : if effect 214 Industrial Disputes Act, 1947, if ultra vires : Articles 14 and 19 Constitution of India 217 Freedom of contract : restrictions under industrial laws : social justice 219 Successor in business : contract law and effect on service 222 PART II : ENQUIRY AND PUNISHMENT CHAPTER V : DOMESTIC ENQUIRY Enquiry : meaning and scope 225 Standing Orders and enquiry 225 Absence of Standing Orders 226 Preliminary enquiry : nature and scope 226 Preliminary enquiry and domestic enquiry : Difference 227 Enquiry into misconduct of servant : criminal trial 229 Judgment of criminal court : whether binding in departmental enquiry 230 Enquiry and Criminal Trial : whether alternative 230 Charge-sheet : Necessity of 230 Object of Charge-sheet 230 Contents of Charge-sheet 231 Charges : Frame of : mala fides 232 Precision and clarity of charges : what is 232 Effect of charge-sheet 232 Responsibility of person signing charge-sheet 232 Change in charge-sheet 233 Charge-sheet vague and indefinite : plea not definitely raised : effect 233 Explanation 233 Domestic enquiries limited to charge framed 233 Service of charge-sheet : mode 234 Charge vague and evidence not sufficient to connect the charged officer with the alleged misconduct 234 Conditional Apology, if waiver of the right of enquiry 234 Domestic enquiry : principles 235 General 235 Natural justice 237 Notice served in the forenoon for enquiry in the afternoon 238 Previous notice : right to present case 239 Delegation of authority to record evidence by Enquiry Officer : bad 239 Recording of evidence 240 Written statement of a witness not examined : effect 241 Evidence : recording of : fair opportunity 241 Non disclosure of evidence against employee : effect 243 Evidence not recorded in conformity with the provisions of Evidence Act 243 Summoning of evidence : witness not attending : inability to record evidence : effect 244 Stage of examination of workman in domestic enquiry 245 Evidence Act : admissibility : leading questions 247 Pleadings : applicability 247 Appreciation of evidence : domestic enquiry 248 Evidence : nature and quantum 248 Finding of quasi-judicial authority : if could be relied in enquiry 249 Order of acquittal : failure to take into consideration 249 Findings of enquiry officer : failure to record : effect 250 Domestic enquiry ex-parte 251 Refusal to reopen the case after close of enquiry 251 Reopening of proceedings if possible when officer reinstated without reasoned findings being recorded 251 Standing Orders : procedure : non-compliance 251 Order shall contain reasons 252 Absence of report by the enquiry officer 252 Enquiry : facts admitted or proved 252 Irregularities : Effect 253 Reference to bad past record in the order without bringing the fact to the knowledge of workman in enquiry : Effect 253 Facts : admitted or proved 253 Finding on facts : when perverse 253 Disbelieving defence witnesses in violation of rule of natural justice vitiates enquiry 255 Recommendations regarding punishment not essential in enquiry report 255 Fair hearing : what it includes 255 Proper enquiry : what is 256 Proper enquiry : what is not 257 Second enquiry 257 Contempt of court : domestic enquiry : scope 258 CHAPTER VI : BIAS AND DOMESTIC ENQUIRY Principles underlying bias 260 Statutory provision and bias 261 Principles of bias : if can be overruled by statute 262 Official 'bias' vis-a-vis statutory provision 262 Due process of law 263 Supreme Court's view 263 No one shall be Judge in his own cause : nemo debet esse judex in propria causa 264 Pecuniary interest and prejudice 265 Officers as members of committee exercising quasi-judicial functions 267 Domestic Tribunal : enquiry and bias 268 Expression of opinion by superior officer : enquiry by his subordinate bias : Effect 269 Enquiry officer : in position of witness 270 Presiding Officer as witness 271 Domestic enquiry conducted by a lawyer : bias 272 Personal involvement of manager : right to hold enquiry 273 Officer holding preliminary enquiry : not debarred to hold enquiry 273 Bias : what constitutes 274 Bias : vitiating orders 274 Bias : Test of : departmental enquiry where can be quashed 276 Bias : question of fact and hence cannot be decided under Article 226 276 CHAPTER VII : NATURAL JUSTICE Natural justice : meaning and scope 277 Development of the principles of natural justice in English jurisprudence 278 Principles : English and foreign decisions 282 Principles laid down by Court in India 290 Natural justice : question to be considered in the light of relevant Act 297 Applicability 299 Previous notice : right to present case 299 Natural justice : fair play in action 300 Enquiry : rules of natural justice 300 CHAPTER VIII : PUNISHMENTS Punishment : scope 301 Punishment and discretion of management 304 Punishment : insubordination and indiscipline 305 Punishment : scope 305 Section 11-A : Industrial Disputes Act, 1947 : scope 306 Award of lesser punishment : justification 307 Adequacy of punishment : if fresh evidence can be adduced 308 Report of the enquiry officer not served on the delinquent workman nor proper and adequate opportunity to show cause against the punishment contemplated given : Standing Order, Order 26(e) : show cause notice pasted on notice board : insufficient time to show cause : principles of natural justice violated 309 Punishment recommended by enquiry officer should be communicated 309 Disciplinary authority's concurrence with the finding of the enquiry officer regarding punishment : effect 310 Censure or Warning : scope 310 Censure : what is 310 Censure of warning : difference 310 Fine 311 Suspension : scope 312 Suspension : if a punishment 313 Suspension pending enquiry 314 Suspension, if a cloak to hide real intention held punishment 314 Wages during the period of suspension 314 Suspension pending permission under Section 33 315 Suspension : an industrial dispute 318 Discharge : dismissal : distinction 318 Dismissal 319 Dismissal, unjustified 319 Dismissal, justified 320 Dismissal with retrospective effect 322 Dismissal order based on cumulative effect of lapses : result if some of the lapses are not found sustainable 322 Non-speaking order of removal arbitrary : cannot be upheld 323 Authority to pass final orders : failure to exercise : effect 323 Discharge 324 Discharge simpliciter, when amounts to punishment 324 Absence : termination of services 325 Discharge justified : not punishment 327 Probation : discharge 327 Discharge due to ill health and retrenchment : distinction 329 Break in service : condonation of 330 Unfair labour practice and victimisation 330 Unfair labour practice : introductory 331 Unfair labour practices : National Labour Commission 333 Victimisation and unfair labour practices : meaning of 333 Victimisation : scope : what amounts to 335 Victimisation : pleadings 337 Victimisation : power to tribunals : limitation 338 Victimization : finding of the court in adjudication : effect : High Court or Supreme Court : interference : scope 340 Loss of confidence : discharge : scope 341 PART III : REMEDIES CHAPTER IX : GENERAL Introduction 351 Remedies and discretion of Government 353 'Industrial Disputes' 353 Legislative reference 353 Object and scope 355 Section prospective and not retrospective 355 Section if offends Act 14 of the Constitution 355 Likewise terminate the services 356 Section 2-A and Section 23 : scope of : strike 356 Terms and conditions of employment 357 Meaning of 357 Scope of 358 Conditions of labour 358 Meaning of 358 Scope of 359 Implied term of employment : mixed question of fact and law 359 Alteration in : what is 359 Subject matter of 'Industrial Disputes' 359 General 359 Necessity of direct and substantial interest of employer or workmen 360 Scope of 361 Subjective discretion of Government 361 'Any person' : if includes all employees 361 Scheme of the Act 361 If should be 'workmen' 362 Scope 363 How a dispute can be raised 364 When a dispute can be raised 365 Individual dispute and collective dispute 365 Individual Dispute : when an industrial dispute 367 Strength of workmen necessary to constitute industrial dispute 368 Individual workman : measure and nature of support 369 Individual dispute : Cause sponsored by a stranger Union : effect 371 Several Departments : industrial dispute when to be backed by the Department in which the worker is employed 371 Whether an individual dispute developed to an industrial dispute has to be decided with the time of reference 371 Industrial dispute reference : workers sponsoring cause, withdrawing support : effect 372 Industrial dispute and individual dispute : burden of proof 372 Loss to the employer due to illegal strikes : industrial dispute 372 Industrial Dispute : what is 373 Industrial Dispute : what is not 374 Interpretation of industrial laws : principles of 374 Liberal and beneficial construction 376 Liberal construction : social records 377 Mischief rule : statute to be read as a whole 380 Literal construction 380 Socio economic changes and interpretation 380 Contextual meaning : legislative intent should be gathered not by reading any provision in isolation but by reading the entire statute 381 Context in which legislation passed : important when words having more than one meaning 381 Anomaly : Court's interpretation to a provision leading to anomalous situation 381 ''Equity of the Statute'' Rule 382 Plain meaning must be given effect to decipher legislative intent 382 General or Special Statute Industrial Disputes Act, vis-a-vis Life Insurance Corporation Act 383 Generalia specialibus non derogant 384 CHAPTER X : CONCILIATION General 385 Compulsory conciliation under the statutory authority 386 Conciliation : Arbitration and Civil Law 387 Works Committee : scope and function 387 Decisions of Works Committee : how far binding 388 Dissolution of Works Committee : powers of Labour Commissioner Industrial Disputes (Mysore) rules 390 Conciliation : legislative notes 391 Conciliation Officer : primary aim 391 Difference between Conciliation Officer and Board of Conciliation 392 Conciliation Officer : power 392 Obligation, if any, to initiate conciliation proceedings 393 Conciliation and reference 393 Nature of order : if administrative : writ, if could be issued 394 Duty of Government and Conciliation Proceedings 394 Conciliation Proceedings and Reference under Section 10 396 Conciliations Proceedings and Procedure 396 Conciliation Officer : not a Tribunal : no appeal to Supreme Court 397 Grievance settlement authorities 398 Scope 398 Section 9-C, Industrial Disputes Act, 1947 398 CHAPTER XI : ADJUDICATION AND ARBITRATION General 402 Introductory 402 Definition of the Term 'Arbitration' 402 Legislative Notes 403 Analysis 406 Reference of Industrial Disputes 410 Reference : conciliation proceedings, if necessary 410 Adequate remedy under separate Act and Scheme : reference improper 411 Reference : company under liquidation : Section 466 of the Companies Act : Effect 411 Reference : when complete 411 Requisites of valid notifications 411 Employer and reference 413 Reference and 'Appropriate Government' 414 Reference : Standing Orders 415 Order under Section : administrative 416 Discretion of the Government to make reference : public utility service 416 Discretion of the Government to make reference in respect of non public utility service 417 Jurisdiction of the Government to make reference 419 Expediency and reference 419 Merits of dispute : duty of Government 420 Power of reference : scope : prima facie case on merits : scope 420 Employer's action how far could be scrutinised at the time of reference 422 Administrative Act : whether writ can issue 422 Reference : when can be challenged by writ 422 Refusal to refer : scope 423 Refusal to refer : issue of writ 425 Refusal to refer : other situations 426 Refusal to refer unjustified 426 Reference : refusal : subsequent reference : effect : res judicata 427 Reference : refused : subsequent reference : notice to employer, if necessary 428 Fresh reference after the first reference rejected in default of workman 429 Reference : Union 429 Reference and management 429 'At any time' : no time limit for reconsidering earlier order 431 Demand : form of : scope of reference 432 Demand on the employers : nature and scope 433 Demand on the management : necessity 433 Jurisdiction of the Government to make reference 433 Reference : when can be challenged by writ 434 Common reference for a number of Factories : if and when justified 436 Reference barred : if dispute settled 437 Prior settlement : subsequent reference : pleas of discrimination : Reference 438 Second reference : when illegal 439 Settlement with a Union in conciliation proceeding : other Unions objecting : reference valid 439 Reference of dispute : limitation 441 Violation of Section 33, Industrial Disputes Act, 1947 and reference 442 Matter in adjudication : Section 10(6)(a) : scope 442 Reference and subject matter of Industrial Dispute 443 Reference and parties to a dispute 443 Reference and pleading 444 Power of Government to cancel, etc., reference 444 Cancellation or withdrawal of reference 445 Withdrawal however is not cancellation 446 Power of Government to amend 446 Amendment or modification of a reference-power of the Government 447 Reference : terms, if can be widened 448 Reference : correction : Government cannot widen the scope 448 Closure and reference 448 Closure : pending reference : effect 449 Matter of closure compensation can be referred 449 Tribunals : Power and Jurisdiction 449 Tribunal, if a court 449 Functions of Tribunals : quasi judicial 450 Functions of Tribunal, analogous to judicial one 451 General pattern of Tribunal is of a civil court 451 Powers of Tribunal : limitation 452 Scope of Tribunals 452 Reference and jurisdiction of Tribunal 454 Nature and scope of the power and functions of Tribunal in scan reference 455 Reference and scope of enquiry 455 Scope of adjudication : matter incidental to 458 Adjudication : powers 459 Jurisdiction : exercise of 462 Jurisdiction of industrial tribunal when no enquiry held before termination of service 463 Interference in punishment 464 Jurisdiction of tribunal to decide if domestic enquiry fair 464 Perverse finding : what is 465 Applicability of Promissory Estoppel in making reference under 466 Reference by Government : reference containing both phrases : 'Industrial Disputes Exists' and 'Industrial Dispute is apprehended' : Application of mind : reference not invalid 466 Acquiescence or Estoppel 466 Doctrine of Merger 467 Question of jurisdiction to be raised before the Tribunal 467 Jurisdiction : consent and acquiescence : effect of 467 Jurisdiction : wrong assumption by Tribunal : remedy 468 Jurisdiction to decide an issue : wrong decision : remedy by writ, if available 468 Jurisdiction dependent on collateral fact : wrong decision : remedy by writ 468 Power of civil courts and High Court over the Tribunals 469 Writ of prohibition : stage for motion 471 Jurisdiction depending on facts : writ 471 Wrong decision : if writ can issue 472 Writ of certiorari : condition and stage for motion 472 Commercial and industrial arbitration : distinction 475 Reference to arbitration : interpretation of reference 476 Arbitrator : whether a statutory arbitrator : writ if could issue 477 Arbitrator's award : how far amendable to writ 478 Appeal by special leave against award by the arbitrator 481 Award of arbitrator whether speaking order 481 Powers of arbitrator : scope 485 Social justice 486 Organisation of labour 487 Social justice : rule of law 488 Social justice : meaning and scope 489 Social justice : principles : interest of all concerned to be kept in view 490 Social and economic justice 490 Social and ethical considerations : national economy 491 The development and growth of industrial law 491 Freedom of contract : restrictions under industrial law 492 Social justice : disciplinary action 493 Social legislation : interpretation 493 Beneficial construction 494 Remedical and beneficial legislation 495 Procedure 496 General 496 Tribunals and procedure 498 Evidence Act : applicability 498 Evidence 499 Tribunal if can rely on evidence not produced by the parties 499 Inspection of documents 501 No roving investigation 502 Procedure and production of documents 502 Privilege 503 Notice of proceedings 503 Consolidation of proceedings 503 Parties 503 Amendments 504 Omission of issues 504 Assessor 504 Relief to be granted : nature of 504 Tribunal's finding for lesser punishment but dismissal order maintained : award bad 505 Order mala fide : court to determine 505 Right of the Tribunal to alter, modify or interpret the award 505 Contempt of Court : domestic enquiry : scope 506 Res judicata : industrial adjudication 508 Costs : scope and power of Tribunals, etc.
508 Interim relief 511 Award : scope of 511 Extension of time for passing the award 511 Award : what is not 512 Award : what is 512 Determination : what is 512 'Determination' distinguished from 'Termination' and 'Withdrawal' 513 Award : in terms of compromise 513 Interpretation of the award 515 Right of the Tribunal to alter, modify or interpret the award 515 CHAPTER XII : REPRESENTATION OF PARTIES IN PROCEEDINGS Introduction 517 Who can represent 517 Parties right to appear 518 Representation of a party : what is 518 Agent of employer : if can represent 518 Unions right to represent : scope 519 Representation : by workmen : limitations 519 Workmen or employer : right to represent 519 Individual workman : separate representation 519 Dispute : sub-section 36(4) 520 Letter of authority, if enough for the purposes of representation 521 Effect of representation by union not registered 521 Provision of Section 36(1)(c) : scope : registered and unregistered trade unions 521 Bar for legal practitioners to appear, if ultra vires the Constitution of India, Articles 14 and 19 522 Legal practitioner being an officer of a union or association or a director or officer of a company, if can represent 524 Representatives, if have right to compromise 525 CHAPTER XIII : CHANGE IN CONDITIONS OF SERVICE PENDENCY OF PROCEEDINGS REMEDIES Introduction 528 Legislative reference 529 Scope and legislative development of Section 33 531 Dismissal, etc., of an individual workman to be deemed to be an industrial dispute 533 Enquiry and scope 533 Discharge simpliciter : if covered by the Section 535 Section 33(2)(b) : scope 537 Section 33(2)(b) : provision mandatory 538 'Protected workman' who is : question of fact 538 'Protected workmen' : nature of protection under 538 Protected workmen : permission not necessary after termination of proceedings 539 Pendency ceasing to exist : application for approval under Section 33(2)(b), in infructuous 540 Decision of application under Section 33 : limitation 'Authority concerned' 541 Discharge pursuant to notice issued before pendency : permission, if necessary 541 Permission on letter of resignation : refusal unjustified 542 'Discharge' under section does not include 'discharge on closure' 542 Prima facie case : what is 542 Prima facie case : Permission to be given 542 Contravention of section : what is 544 Contravention of Section 33 : retrenchment 544 Pendency of proceedings 544 Reference : Amendment of : pendency of proceedings 544 Order of employer passed and intimated before pendency, but executed during pendency, effect of 544 Order passed before reference but despatched after reference, if contravenes Section 33 545 Pendency : knowledge of 545 Pendency before a High Court 545 Pendency : proceedings under Section 36-A 546 Criminal trial and domestic enquiry 546 Order of discharge and its communication 546 Application under section : change in Tribunal 546 Matter connected with the dispute 546 Individual dispute developing into a collective dispute and workmen concerned 547 Different departments : workmen concerned 547 Claim for bonus : all workmen concerned 547 'Workmen concerned' dependent on nature of dispute 547 Parties in the order of reference and workmen concerned 549 Workmen concerned : liberal interpretation 550 Employee subsequently employed : if workman concerned 551 Workman concerned : burden of proof 551 Workman concerned : a question of fact to be decided in each case 551 Probationer or temporary workman 551 Application and scope of Sections 33 and 33-A in matters of 552 Retrenchment 552 Suspension 552 Transfer 554 Lock-out 556 New work-load 557 Transfer of an undertaking 558 Interim relief 558 Employer : Sections 33 and 33-A 558 Change of management : effect of 558 Who can apply : Section 33 559 Approval for dismissal order : date of filling approval application 559 Application not limited to individual workman 559 Nature of proceeding : judicial 560 Notice to opposite party : to individual workman, necessary : notice to Union, if sufficient 560 Temporary workmen : permission, if necessary 560 Discharge of temporary workmen : permission, if could be refused 561 Application under Section : duty of Tribunal 562 Jurisdiction of Tribunal 564 Conditional permission 566 Application under Section specifying proposed punishment : whether bad 566 Right to justify order before Tribunal passed by the employer 566 Right of employer to adduce evidence before Industrial Tribunal manner and the stage at which request should be made 567 Opportunity to lead evidence : scope : stage 568 Application for permission for dismissal of an employee for his insulting behaviour towards customers of the company 569 Distinction under Sections 33(1) and (2) 569 Proviso to Section 33(2), if applied to establishment having Standing Order 569 Payment of one month's wages 570 Date of payment of one month wage when payment made by money order 570 Delay 570 Application for approval : pay 570 Permission to dismiss : refusal not proper 570 Effect of approval 572 Effect of employer withdrawing his application under the section equivalent to not filing an application 572 Permission to discharge : refusal justified 572 Order : nature of 573 Judgment in criminal case : admissibility and relevancy 574 Proceedings in criminal court and permission under section 574 Refusal to answer to queries of manager : act subversive of discipline 574 Complaint under Section 33-A : who can apply 575 Proceeding under Section 36-A : application under Section 33-A : if would lie 575 Discharge simpliciter 576 Interim relief 576 Scope and relief under Section 33-A 576 Complaint to be decided on merits 578 Procedure under section 578 Scope of enquiry : determination of dispute 579 Complaint under Section must be connected with the dispute 579 Findings under Section 33 : relevancy under Section 33-A 580 CHAPTER XIV : SUIT OR APPEAL Jurisdiction of Civil Court : Industrial Dispute 582 Finality of the award and the jurisdiction of the civil Court 584 Jurisdiction of Civil Courts to entertain labour dispute : Principles applicable to : jurisdiction to make an order or decree for injunction to prevent threatened injury or breach of the right : Industrial Disputes Act, 1947, Sections 10 and 2(k) Civil Procedure Code, 1908, Section 9 584 Civil Courts, if have powers to grant reinstatement 585 Jurisdiction when not barred 586 Suit for declaration that person continues in service and suit for damages : difference 587 Appeal from awards of the Tribunal to Supreme Court : Article 136 of the Constitution 587 Tribunal : meaning of 587 Scope 588 Discretion : principles for the exercise of 589 Determination and order : Article 136 : meaning and scope 591 High Court refusing to exercise its inherent jurisdiction : appeal to Supreme Court : scope of power of Supreme Court under the Article 592 Consideration of evidence and facts 592 Parties to appeal 592 Jurisdiction of Supreme Court vis-a-vis awards of Tribunals 593 Jurisdiction : scope of the plea : want of jurisdiction cannot be raised for the first time in Supreme Court 595 Tribunal's finding that an employee is or is not a workman : Supreme Court will not interfere 595 Points not taken in original Industrial Court or even in the leave petition cannot be raised thereafter 595 Finding of fact 596 Appeal to Supreme Court and writ to High Court 596 CHAPTER XV : WRITS Writs : Articles 32 and 226 598 Powers of High Courts 600 Two interpretations possible : High Court not to interfere in writs 600 Powers of Supreme Court and High Courts 601 Distinction 601 Jurisdiction : Exercise of 601 Territorial jurisdiction 602 Writ and Administrative Order 604 Alternative remedy no bar to writ where fundamental rights are concerned 606 Writ and alternative remedy 607 Right to relief under Article 226 609 Adequate alternative remedy : no writ 609 Writ when other remedy availed or proceedings pending 610 Erroneous decision no ground for writ 611 Jurisdiction to issue writ of certiorari : existence of person or authority 612 Want of jurisdiction and wrong decision on facts collateral to jurisdiction 612 Writ against local bodies or corporations 613 Writ by State Government against Central Government 613 Res judicata : application in writ proceedings 614 Waiver : plea to be specifically raised 615 Delay, laches and acquiescence 615 Laches : scope 616 Laches or delay : principles 617 Discretionary power of Supreme Court : rule against laches one of practice and not of law 617 Laches 617 Mere filing of applications not enough 617 Principles for issue of : writ of certiorari 618 Nature of certiorari 622 Writ of mandamus 622 Nature of mandamus 622 Writ of prohibition 624 Nature of prohibition 625 Aggrieved person 626 Article 227 627 Administrative and judicial function 628 Tribunal's right to decide the question of jurisdiction : writ 629 Writ issued to decide jurisdictional issue as preliminary issue 630 Wrong exercise of jurisdiction : writ issued 631 Arbitration and ward and writ 631 Parties to the writ of mandamus 633 Parties : writ : workmen not members of any registered Union 634 Writ of mandamus sought by workmen for referring a dispute employer not a necessary party 634 Secretary of an association : if could move writ for its individual member 634 Writ filed by registered Trade Union if maintainable 635 Public interest litigation : writ 635 APPENDICES Industrial Disputes Act, 1947 651 Rules-(1) Industrial Tribunal Procedure Rules, 1949 773 (2) Industrial Tribunal (Central Procedure) Rules, 1954 774 (3) Industrial Disputes (Central) Rules, 1957 775 Industrial Disputes (Banking and Insurance Companies) Act, 1949 822 Industrial Disputes (Banking Companies) Decision Act, 1955 824 Industrial Employment (Standing Orders) Act, 1946 831 Industrial Employment (Standing Orders) (Bombay Amendment) Act,1957 848 Industrial Employment (Standing Orders) Central Rules, 1946 848 SUBJECT INDEX 873 Deliverable Countries : This product ships to About the Book: A complete, practical and thorough work that gives full guidance to the employer as well as the employee in various kinds of disciplinary action cases.
In very practical terms it explains the rights and obligations of the employer and imparts an understanding of the areas in which an employer may still dispense with the services of an employee, without inviting the legal or judicial odium. Where does one draw the line between permissible 'termination simpliciter ' and an action which is stigmatic or punitive? This book also explains clearly the procedure and do's and don'ts for such action.
The circumstances under which a disciplinary action taken by an employer can be challenged are also explained clearly. The remedies that are available to the employee against any illegal or motivated disciplinary action are explained in detail, and the rights and responsibilities of the employees under various laws are explained and discussed at length.
Important case-law has been incorporated and legislative changes affecting the rights and obligations of the employers and employees in this field have been taken note of. The book is of immense utility to the employers, the judiciary, the labour law enforcement agencies and industrial houses.
Table of Contents: PART I : DISCIPLINE AND EMPLOYMENT CHAPTER I : DISCIPLINE Introduction 1 Rights and Duties of Employees under Common Law 3 Discipline : Responsibility of Employer 5 Factory, A Living organisation : Modern approach to discipline 6 Disciplinary action and Industrial Peace 7 Industrial Truce Resolution, 1948 8 Industrial Policy Resolution, 1956 9 Code of discipline in industry 14 Recognition of unions : general 17 CHAPTER II : MISCONDUCT AND STANDING ORDERS Unwritten code of conduct and standing orders 45 Misconduct : meaning of 46 Kinds of misconduct 46 Classification of misconduct 47 Misconduct : Act subversive of Discipline : what is 47 Misconduct : scope; what amounts to 48 Misconduct : what is 49 Go-slow : if a misconduct 49 Misconduct : what is not 49 Misconduct and negligence 50 Negligence : when habitual 50 Negligence liable to result in serious consequences is misconduct 51 Dishonesty in connection with the business of the Undertakings 51 Workman's misbehaviour towards his superior while the latter was performing duties imposed on him by his office : misconduct justified dismissal 51 Misconduct outside employment : ordinary law of master and servant 51 Misconduct justifying dismissal : common law 56 Misconduct and punishment 58 Punishment and discretion of management 60 Moral turpitude and misconduct : punishment 60 Apology for misconduct must be unconditional 60 Standing Orders 61 Standing Orders : if have statutory force 62 The Industrial Employment (Standing Orders) Act, : Scope 62 Certification of Standing Orders : Effect 65 Appellate Authority under Standing Orders Act : Powers 66 Interpretation of Standing Orders 66 Standing Order and Misconduct 70 Standing Order providing for discharge simpliciter : exercise of power 70 Private Contract : Standing Orders override 71 Contract of service and Standing Orders when in conflict 72 Two sets of Standing Orders : whether permissible 74 Conditions of service for employees employed prior to enforcement of Standing Orders : If distinction permissible 74 Civil suit-declaration that action against Standing Orders void-if maintainable 75 Alternative relief in case of contravention of Standing Orders by employer 76 CHAPTER III : EMPLOYMENT AND INDUSTRIAL LAWS General 79 Master and Servant 80 Test to determine 80 Loan of servant 85 Principal and agent : master and servant 85 Services of special contract and general hiring 86 Breach of contract and wages 86 Contract of service and Contract for service : Distinction 86 Industrial Employment and Common Law Rights 87 Abandonment of employment 88 Employers 88 Definition 88 Analysis 89 Scope of the definition : 'employer' 90 Employer : meaning of 90 Employer and contractor 91 Right of the employer 91 Employer : restrictions : Article 19 of the Constitution 92 Effect of change of employer in a business concern 92 Transfer of management : Effect of 96 Employer : if bound to provide work 97 Workman 97 Definition 97 Analysis 99 Scope 100 Employed in industry : Essential condition 102 Clerical work : what is scope 103 Technical work : meaning-scope 103 Manual work : meaning : scope 103 Supervisory capacity : scope 104 Managerial or administrative capacity : scope 104 Workmen : supervision and control : nature of 107 Control, extent of : employer-employee relationship 109 Ownership of instrumentalities 110 Transport engineer, foreman, sales engineering representative, etc : Blending supervisor, fuelling superintendent : whether workmen or not : duties, a question of fact 112 Independent contractor engaging workman for work in employers factory : such persons held workmen 115 Workman : who is 116 Workman : who is not 117 Canteen run by contractor : its employees : not workmen 118 Discharged or dismissed employee, if workman 119 Effect of the amendment in Section 2(s) of the Act by Act No. 38 of 1956 119 Whether contractor's employees 'workmen' 119 Contractor or workmen 121 Bidi workers working through contractor : held, workmen 124 Tindal, if a workman 124 Medical officer, if a workman 125 Sirdars in mines, if workmen 125 'Teachers', not workmen 126 'Employed in any industry', malis employed in bungalows of the officers : held, workmen 126 Transfer of a business and workmen 127 Workmen and industrial dispute 127 Industry 128 Definition 128 Analysis 129 'Industry' whether covered by entries 29 and 27 of List III to Schedule 7, Constitution of India 136 Scope of 'Industry' 136 Industry : Test to determine 138 Undertaking : scope 138 'Profit motive and industry' 139 'Industry' : meaning and scope of : what the term includes and excludes tests and guide lines for such inclusion and exclusion 139 Sovereign functions or State activities if exempted from the definition of industry 142 Charitable projects 143 State hospital, held, an industry 144 Activities of pinjrapole held on facts, constitute 'industry' 146 Clubs 148 Educational and research institutions, if 'industry' 148 Textile research institution, held, 'industry' 149 Co-operatives : if industry 152 Federation of Indian Chamber of Commerce held, an industry 152 Indian standards institution, a registered society run by the Government is 'industry' 153 Company carrying on agricultural operations, held industry 155 'Industry' : test for determining if any department of a municipality is 'industry' 155 Departments of municipality held to be 'industry' 156 Local bodies doing public utility service : 'Industry' 157 Vicarious responsibility of master for torts of servants 157 Liability of servants for tort 162 Master not liable : servant's unlawful act without authority 162 Principal and agent 163 Lay-off, retrenchment and closure 163 Lay-off 163 Retrenchment 165 Section if unconstitutional 165 Scope 166 Closure 167 Scope of the section 167 Constitutional validity of the section 168 Legislative References : Industrial Disputes Act, 1947 173 CHAPTER IV : THE INDUSTRIAL DISPUTES LEGISLATION AND ITS EFFECT ON COMMON LAW History of Industrial Legislation in India 178 Present labour legislation 186 Statement of objects and reasons of Act No.
XIV of 1947 186 Amending Acts to the Industrial Disputes Act, 1947 188 Act No. LIV of 1919 189 Act No.
XLVIII of 1950 190 Act No. XL of 1951 191 Act No.
XVIII of 1952 191 Act No. XLVIII of 1954 192 Act No.
36 of 1956 192 Act No. XLI of 1956 193 Act No.
XXXVI of 1964 193 Act No. 35 of 1965 194 Act No.
32 of 1976 195 Act No. 46 of 1982 196 Act No.
49 of 1984 198 State enactments relating to industrial disputes 198 General 198 U.P.
Industrial Disputes Act 199 Bombay Industrial Relations Act 199 Industrial Disputes Act in its application to various States 201 General 201 Article 254 of the Constitution : attraction of Clause 1 201 Constitution of India : Article 254 : Scope : implied repeal 202 Repugnancy : Scope 203 Industrial Disputes Act and Travancore-Cochin Industrial Disputes Act 207 Industrial Disputes Act and Saurashtra Ordinance VI of 1948 208 Industrial Disputes Act and U.P.
Industrial Disputes Act 208 Bombay Industrial Relations Act (II of 1947) as adapted in Madhya Pradesh : Article 254 209 Special Enactments and Industrial Disputes 210 Welfare State 212 An incorporated company : if a citizen 212 An incorporated company and fundamental rights 213 Industrial Disputes Legislation : if effect 214 Industrial Disputes Act, 1947, if ultra vires : Articles 14 and 19 Constitution of India 217 Freedom of contract : restrictions under industrial laws : social justice 219 Successor in business : contract law and effect on service 222 PART II : ENQUIRY AND PUNISHMENT CHAPTER V : DOMESTIC ENQUIRY Enquiry : meaning and scope 225 Standing Orders and enquiry 225 Absence of Standing Orders 226 Preliminary enquiry : nature and scope 226 Preliminary enquiry and domestic enquiry : Difference 227 Enquiry into misconduct of servant : criminal trial 229 Judgment of criminal court : whether binding in departmental enquiry 230 Enquiry and Criminal Trial : whether alternative 230 Charge-sheet : Necessity of 230 Object of Charge-sheet 230 Contents of Charge-sheet 231 Charges : Frame of : mala fides 232 Precision and clarity of charges : what is 232 Effect of charge-sheet 232 Responsibility of person signing charge-sheet 232 Change in charge-sheet 233 Charge-sheet vague and indefinite : plea not definitely raised : effect 233 Explanation 233 Domestic enquiries limited to charge framed 233 Service of charge-sheet : mode 234 Charge vague and evidence not sufficient to connect the charged officer with the alleged misconduct 234 Conditional Apology, if waiver of the right of enquiry 234 Domestic enquiry : principles 235 General 235 Natural justice 237 Notice served in the forenoon for enquiry in the afternoon 238 Previous notice : right to present case 239 Delegation of authority to record evidence by Enquiry Officer : bad 239 Recording of evidence 240 Written statement of a witness not examined : effect 241 Evidence : recording of : fair opportunity 241 Non disclosure of evidence against employee : effect 243 Evidence not recorded in conformity with the provisions of Evidence Act 243 Summoning of evidence : witness not attending : inability to record evidence : effect 244 Stage of examination of workman in domestic enquiry 245 Evidence Act : admissibility : leading questions 247 Pleadings : applicability 247 Appreciation of evidence : domestic enquiry 248 Evidence : nature and quantum 248 Finding of quasi-judicial authority : if could be relied in enquiry 249 Order of acquittal : failure to take into consideration 249 Findings of enquiry officer : failure to record : effect 250 Domestic enquiry ex-parte 251 Refusal to reopen the case after close of enquiry 251 Reopening of proceedings if possible when officer reinstated without reasoned findings being recorded 251 Standing Orders : procedure : non-compliance 251 Order shall contain reasons 252 Absence of report by the enquiry officer 252 Enquiry : facts admitted or proved 252 Irregularities : Effect 253 Reference to bad past record in the order without bringing the fact to the knowledge of workman in enquiry : Effect 253 Facts : admitted or proved 253 Finding on facts : when perverse 253 Disbelieving defence witnesses in violation of rule of natural justice vitiates enquiry 255 Recommendations regarding punishment not essential in enquiry report 255 Fair hearing : what it includes 255 Proper enquiry : what is 256 Proper enquiry : what is not 257 Second enquiry 257 Contempt of court : domestic enquiry : scope 258 CHAPTER VI : BIAS AND DOMESTIC ENQUIRY Principles underlying bias 260 Statutory provision and bias 261 Principles of bias : if can be overruled by statute 262 Official 'bias' vis-a-vis statutory provision 262 Due process of law 263 Supreme Court's view 263 No one shall be Judge in his own cause : nemo debet esse judex in propria causa 264 Pecuniary interest and prejudice 265 Officers as members of committee exercising quasi-judicial functions 267 Domestic Tribunal : enquiry and bias 268 Expression of opinion by superior officer : enquiry by his subordinate bias : Effect 269 Enquiry officer : in position of witness 270 Presiding Officer as witness 271 Domestic enquiry conducted by a lawyer : bias 272 Personal involvement of manager : right to hold enquiry 273 Officer holding preliminary enquiry : not debarred to hold enquiry 273 Bias : what constitutes 274 Bias : vitiating orders 274 Bias : Test of : departmental enquiry where can be quashed 276 Bias : question of fact and hence cannot be decided under Article 226 276 CHAPTER VII : NATURAL JUSTICE Natural justice : meaning and scope 277 Development of the principles of natural justice in English jurisprudence 278 Principles : English and foreign decisions 282 Principles laid down by Court in India 290 Natural justice : question to be considered in the light of relevant Act 297 Applicability 299 Previous notice : right to present case 299 Natural justice : fair play in action 300 Enquiry : rules of natural justice 300 CHAPTER VIII : PUNISHMENTS Punishment : scope 301 Punishment and discretion of management 304 Punishment : insubordination and indiscipline 305 Punishment : scope 305 Section 11-A : Industrial Disputes Act, 1947 : scope 306 Award of lesser punishment : justification 307 Adequacy of punishment : if fresh evidence can be adduced 308 Report of the enquiry officer not served on the delinquent workman nor proper and adequate opportunity to show cause against the punishment contemplated given : Standing Order, Order 26(e) : show cause notice pasted on notice board : insufficient time to show cause : principles of natural justice violated 309 Punishment recommended by enquiry officer should be communicated 309 Disciplinary authority's concurrence with the finding of the enquiry officer regarding punishment : effect 310 Censure or Warning : scope 310 Censure : what is 310 Censure of warning : difference 310 Fine 311 Suspension : scope 312 Suspension : if a punishment 313 Suspension pending enquiry 314 Suspension, if a cloak to hide real intention held punishment 314 Wages during the period of suspension 314 Suspension pending permission under Section 33 315 Suspension : an industrial dispute 318 Discharge : dismissal : distinction 318 Dismissal 319 Dismissal, unjustified 319 Dismissal, justified 320 Dismissal with retrospective effect 322 Dismissal order based on cumulative effect of lapses : result if some of the lapses are not found sustainable 322 Non-speaking order of removal arbitrary : cannot be upheld 323 Authority to pass final orders : failure to exercise : effect 323 Discharge 324 Discharge simpliciter, when amounts to punishment 324 Absence : termination of services 325 Discharge justified : not punishment 327 Probation : discharge 327 Discharge due to ill health and retrenchment : distinction 329 Break in service : condonation of 330 Unfair labour practice and victimisation 330 Unfair labour practice : introductory 331 Unfair labour practices : National Labour Commission 333 Victimisation and unfair labour practices : meaning of 333 Victimisation : scope : what amounts to 335 Victimisation : pleadings 337 Victimisation : power to tribunals : limitation 338 Victimization : finding of the court in adjudication : effect : High Court or Supreme Court : interference : scope 340 Loss of confidence : discharge : scope 341 PART III : REMEDIES CHAPTER IX : GENERAL Introduction 351 Remedies and discretion of Government 353 'Industrial Disputes' 353 Legislative reference 353 Object and scope 355 Section prospective and not retrospective 355 Section if offends Act 14 of the Constitution 355 Likewise terminate the services 356 Section 2-A and Section 23 : scope of : strike 356 Terms and conditions of employment 357 Meaning of 357 Scope of 358 Conditions of labour 358 Meaning of 358 Scope of 359 Implied term of employment : mixed question of fact and law 359 Alteration in : what is 359 Subject matter of 'Industrial Disputes' 359 General 359 Necessity of direct and substantial interest of employer or workmen 360 Scope of 361 Subjective discretion of Government 361 'Any person' : if includes all employees 361 Scheme of the Act 361 If should be 'workmen' 362 Scope 363 How a dispute can be raised 364 When a dispute can be raised 365 Individual dispute and collective dispute 365 Individual Dispute : when an industrial dispute 367 Strength of workmen necessary to constitute industrial dispute 368 Individual workman : measure and nature of support 369 Individual dispute : Cause sponsored by a stranger Union : effect 371 Several Departments : industrial dispute when to be backed by the Department in which the worker is employed 371 Whether an individual dispute developed to an industrial dispute has to be decided with the time of reference 371 Industrial dispute reference : workers sponsoring cause, withdrawing support : effect 372 Industrial dispute and individual dispute : burden of proof 372 Loss to the employer due to illegal strikes : industrial dispute 372 Industrial Dispute : what is 373 Industrial Dispute : what is not 374 Interpretation of industrial laws : principles of 374 Liberal and beneficial construction 376 Liberal construction : social records 377 Mischief rule : statute to be read as a whole 380 Literal construction 380 Socio economic changes and interpretation 380 Contextual meaning : legislative intent should be gathered not by reading any provision in isolation but by reading the entire statute 381 Context in which legislation passed : important when words having more than one meaning 381 Anomaly : Court's interpretation to a provision leading to anomalous situation 381 ''Equity of the Statute'' Rule 382 Plain meaning must be given effect to decipher legislative intent 382 General or Special Statute Industrial Disputes Act, vis-a-vis Life Insurance Corporation Act 383 Generalia specialibus non derogant 384 CHAPTER X : CONCILIATION General 385 Compulsory conciliation under the statutory authority 386 Conciliation : Arbitration and Civil Law 387 Works Committee : scope and function 387 Decisions of Works Committee : how far binding 388 Dissolution of Works Committee : powers of Labour Commissioner Industrial Disputes (Mysore) rules 390 Conciliation : legislative notes 391 Conciliation Officer : primary aim 391 Difference between Conciliation Officer and Board of Conciliation 392 Conciliation Officer : power 392 Obligation, if any, to initiate conciliation proceedings 393 Conciliation and reference 393 Nature of order : if administrative : writ, if could be issued 394 Duty of Government and Conciliation Proceedings 394 Conciliation Proceedings and Reference under Section 10 396 Conciliations Proceedings and Procedure 396 Conciliation Officer : not a Tribunal : no appeal to Supreme Court 397 Grievance settlement authorities 398 Scope 398 Section 9-C, Industrial Disputes Act, 1947 398 CHAPTER XI : ADJUDICATION AND ARBITRATION General 402 Introductory 402 Definition of the Term 'Arbitration' 402 Legislative Notes 403 Analysis 406 Reference of Industrial Disputes 410 Reference : conciliation proceedings, if necessary 410 Adequate remedy under separate Act and Scheme : reference improper 411 Reference : company under liquidation : Section 466 of the Companies Act : Effect 411 Reference : when complete 411 Requisites of valid notifications 411 Employer and reference 413 Reference and 'Appropriate Government' 414 Reference : Standing Orders 415 Order under Section : administrative 416 Discretion of the Government to make reference : public utility service 416 Discretion of the Government to make reference in respect of non public utility service 417 Jurisdiction of the Government to make reference 419 Expediency and reference 419 Merits of dispute : duty of Government 420 Power of reference : scope : prima facie case on merits : scope 420 Employer's action how far could be scrutinised at the time of reference 422 Administrative Act : whether writ can issue 422 Reference : when can be challenged by writ 422 Refusal to refer : scope 423 Refusal to refer : issue of writ 425 Refusal to refer : other situations 426 Refusal to refer unjustified 426 Reference : refusal : subsequent reference : effect : res judicata 427 Reference : refused : subsequent reference : notice to employer, if necessary 428 Fresh reference after the first reference rejected in default of workman 429 Reference : Union 429 Reference and management 429 'At any time' : no time limit for reconsidering earlier order 431 Demand : form of : scope of reference 432 Demand on the employers : nature and scope 433 Demand on the management : necessity 433 Jurisdiction of the Government to make reference 433 Reference : when can be challenged by writ 434 Common reference for a number of Factories : if and when justified 436 Reference barred : if dispute settled 437 Prior settlement : subsequent reference : pleas of discrimination : Reference 438 Second reference : when illegal 439 Settlement with a Union in conciliation proceeding : other Unions objecting : reference valid 439 Reference of dispute : limitation 441 Violation of Section 33, Industrial Disputes Act, 1947 and reference 442 Matter in adjudication : Section 10(6)(a) : scope 442 Reference and subject matter of Industrial Dispute 443 Reference and parties to a dispute 443 Reference and pleading 444 Power of Government to cancel, etc., reference 444 Cancellation or withdrawal of reference 445 Withdrawal however is not cancellation 446 Power of Government to amend 446 Amendment or modification of a reference-power of the Government 447 Reference : terms, if can be widened 448 Reference : correction : Government cannot widen the scope 448 Closure and reference 448 Closure : pending reference : effect 449 Matter of closure compensation can be referred 449 Tribunals : Power and Jurisdiction 449 Tribunal, if a court 449 Functions of Tribunals : quasi judicial 450 Functions of Tribunal, analogous to judicial one 451 General pattern of Tribunal is of a civil court 451 Powers of Tribunal : limitation 452 Scope of Tribunals 452 Reference and jurisdiction of Tribunal 454 Nature and scope of the power and functions of Tribunal in scan reference 455 Reference and scope of enquiry 455 Scope of adjudication : matter incidental to 458 Adjudication : powers 459 Jurisdiction : exercise of 462 Jurisdiction of industrial tribunal when no enquiry held before termination of service 463 Interference in punishment 464 Jurisdiction of tribunal to decide if domestic enquiry fair 464 Perverse finding : what is 465 Applicability of Promissory Estoppel in making reference under 466 Reference by Government : reference containing both phrases : 'Industrial Disputes Exists' and 'Industrial Dispute is apprehended' : Application of mind : reference not invalid 466 Acquiescence or Estoppel 466 Doctrine of Merger 467 Question of jurisdiction to be raised before the Tribunal 467 Jurisdiction : consent and acquiescence : effect of 467 Jurisdiction : wrong assumption by Tribunal : remedy 468 Jurisdiction to decide an issue : wrong decision : remedy by writ, if available 468 Jurisdiction dependent on collateral fact : wrong decision : remedy by writ 468 Power of civil courts and High Court over the Tribunals 469 Writ of prohibition : stage for motion 471 Jurisdiction depending on facts : writ 471 Wrong decision : if writ can issue 472 Writ of certiorari : condition and stage for motion 472 Commercial and industrial arbitration : distinction 475 Reference to arbitration : interpretation of reference 476 Arbitrator : whether a statutory arbitrator : writ if could issue 477 Arbitrator's award : how far amendable to writ 478 Appeal by special leave against award by the arbitrator 481 Award of arbitrator whether speaking order 481 Powers of arbitrator : scope 485 Social justice 486 Organisation of labour 487 Social justice : rule of law 488 Social justice : meaning and scope 489 Social justice : principles : interest of all concerned to be kept in view 490 Social and economic justice 490 Social and ethical considerations : national economy 491 The development and growth of industrial law 491 Freedom of contract : restrictions under industrial law 492 Social justice : disciplinary action 493 Social legislation : interpretation 493 Beneficial construction 494 Remedical and beneficial legislation 495 Procedure 496 General 496 Tribunals and procedure 498 Evidence Act : applicability 498 Evidence 499 Tribunal if can rely on evidence not produced by the parties 499 Inspection of documents 501 No roving investigation 502 Procedure and production of documents 502 Privilege 503 Notice of proceedings 503 Consolidation of proceedings 503 Parties 503 Amendments 504 Omission of issues 504 Assessor 504 Relief to be granted : nature of 504 Tribunal's finding for lesser punishment but dismissal order maintained : award bad 505 Order mala fide : court to determine 505 Right of the Tribunal to alter, modify or interpret the award 505 Contempt of Court : domestic enquiry : scope 506 Res judicata : industrial adjudication 508 Costs : scope and power of Tribunals, etc.
508 Interim relief 511 Award : scope of 511 Extension of time for passing the award 511 Award : what is not 512 Award : what is 512 Determination : what is 512 'Determination' distinguished from 'Termination' and 'Withdrawal' 513 Award : in terms of compromise 513 Interpretation of the award 515 Right of the Tribunal to alter, modify or interpret the award 515 CHAPTER XII : REPRESENTATION OF PARTIES IN PROCEEDINGS Introduction 517 Who can represent 517 Parties right to appear 518 Representation of a party : what is 518 Agent of employer : if can represent 518 Unions right to represent : scope 519 Representation : by workmen : limitations 519 Workmen or employer : right to represent 519 Individual workman : separate representation 519 Dispute : sub-section 36(4) 520 Letter of authority, if enough for the purposes of representation 521 Effect of representation by union not registered 521 Provision of Section 36(1)(c) : scope : registered and unregistered trade unions 521 Bar for legal practitioners to appear, if ultra vires the Constitution of India, Articles 14 and 19 522 Legal practitioner being an officer of a union or association or a director or officer of a company, if can represent 524 Representatives, if have right to compromise 525 CHAPTER XIII : CHANGE IN CONDITIONS OF SERVICE PENDENCY OF PROCEEDINGS REMEDIES Introduction 528 Legislative reference 529 Scope and legislative development of Section 33 531 Dismissal, etc., of an individual workman to be deemed to be an industrial dispute 533 Enquiry and scope 533 Discharge simpliciter : if covered by the Section 535 Section 33(2)(b) : scope 537 Section 33(2)(b) : provision mandatory 538 'Protected workman' who is : question of fact 538 'Protected workmen' : nature of protection under 538 Protected workmen : permission not necessary after termination of proceedings 539 Pendency ceasing to exist : application for approval under Section 33(2)(b), in infructuous 540 Decision of application under Section 33 : limitation 'Authority concerned' 541 Discharge pursuant to notice issued before pendency : permission, if necessary 541 Permission on letter of resignation : refusal unjustified 542 'Discharge' under section does not include 'discharge on closure' 542 Prima facie case : what is 542 Prima facie case : Permission to be given 542 Contravention of section : what is 544 Contravention of Section 33 : retrenchment 544 Pendency of proceedings 544 Reference : Amendment of : pendency of proceedings 544 Order of employer passed and intimated before pendency, but executed during pendency, effect of 544 Order passed before reference but despatched after reference, if contravenes Section 33 545 Pendency : knowledge of 545 Pendency before a High Court 545 Pendency : proceedings under Section 36-A 546 Criminal trial and domestic enquiry 546 Order of discharge and its communication 546 Application under section : change in Tribunal 546 Matter connected with the dispute 546 Individual dispute developing into a collective dispute and workmen concerned 547 Different departments : workmen concerned 547 Claim for bonus : all workmen concerned 547 'Workmen concerned' dependent on nature of dispute 547 Parties in the order of reference and workmen concerned 549 Workmen concerned : liberal interpretation 550 Employee subsequently employed : if workman concerned 551 Workman concerned : burden of proof 551 Workman concerned : a question of fact to be decided in each case 551 Probationer or temporary workman 551 Application and scope of Sections 33 and 33-A in matters of 552 Retrenchment 552 Suspension 552 Transfer 554 Lock-out 556 New work-load 557 Transfer of an undertaking 558 Interim relief 558 Employer : Sections 33 and 33-A 558 Change of management : effect of 558 Who can apply : Section 33 559 Approval for dismissal order : date of filling approval application 559 Application not limited to individual workman 559 Nature of proceeding : judicial 560 Notice to opposite party : to individual workman, necessary : notice to Union, if sufficient 560 Temporary workmen : permission, if necessary 560 Discharge of temporary workmen : permission, if could be refused 561 Application under Section : duty of Tribunal 562 Jurisdiction of Tribunal 564 Conditional permission 566 Application under Section specifying proposed punishment : whether bad 566 Right to justify order before Tribunal passed by the employer 566 Right of employer to adduce evidence before Industrial Tribunal manner and the stage at which request should be made 567 Opportunity to lead evidence : scope : stage 568 Application for permission for dismissal of an employee for his insulting behaviour towards customers of the company 569 Distinction under Sections 33(1) and (2) 569 Proviso to Section 33(2), if applied to establishment having Standing Order 569 Payment of one month's wages 570 Date of payment of one month wage when payment made by money order 570 Delay 570 Application for approval : pay 570 Permission to dismiss : refusal not proper 570 Effect of approval 572 Effect of employer withdrawing his application under the section equivalent to not filing an application 572 Permission to discharge : refusal justified 572 Order : nature of 573 Judgment in criminal case : admissibility and relevancy 574 Proceedings in criminal court and permission under section 574 Refusal to answer to queries of manager : act subversive of discipline 574 Complaint under Section 33-A : who can apply 575 Proceeding under Section 36-A : application under Section 33-A : if would lie 575 Discharge simpliciter 576 Interim relief 576 Scope and relief under Section 33-A 576 Complaint to be decided on merits 578 Procedure under section 578 Scope of enquiry : determination of dispute 579 Complaint under Section must be connected with the dispute 579 Findings under Section 33 : relevancy under Section 33-A 580 CHAPTER XIV : SUIT OR APPEAL Jurisdiction of Civil Court : Industrial Dispute 582 Finality of the award and the jurisdiction of the civil Court 584 Jurisdiction of Civil Courts to entertain labour dispute : Principles applicable to : jurisdiction to make an order or decree for injunction to prevent threatened injury or breach of the right : Industrial Disputes Act, 1947, Sections 10 and 2(k) Civil Procedure Code, 1908, Section 9 584 Civil Courts, if have powers to grant reinstatement 585 Jurisdiction when not barred 586 Suit for declaration that person continues in service and suit for damages : difference 587 Appeal from awards of the Tribunal to Supreme Court : Article 136 of the Constitution 587 Tribunal : meaning of 587 Scope 588 Discretion : principles for the exercise of 589 Determination and order : Article 136 : meaning and scope 591 High Court refusing to exercise its inherent jurisdiction : appeal to Supreme Court : scope of power of Supreme Court under the Article 592 Consideration of evidence and facts 592 Parties to appeal 592 Jurisdiction of Supreme Court vis-a-vis awards of Tribunals 593 Jurisdiction : scope of the plea : want of jurisdiction cannot be raised for the first time in Supreme Court 595 Tribunal's finding that an employee is or is not a workman : Supreme Court will not interfere 595 Points not taken in original Industrial Court or even in the leave petition cannot be raised thereafter 595 Finding of fact 596 Appeal to Supreme Court and writ to High Court 596 CHAPTER XV : WRITS Writs : Articles 32 and 226 598 Powers of High Courts 600 Two interpretations possible : High Court not to interfere in writs 600 Powers of Supreme Court and High Courts 601 Distinction 601 Jurisdiction : Exercise of 601 Territorial jurisdiction 602 Writ and Administrative Order 604 Alternative remedy no bar to writ where fundamental rights are concerned 606 Writ and alternative remedy 607 Right to relief under Article 226 609 Adequate alternative remedy : no writ 609 Writ when other remedy availed or proceedings pending 610 Erroneous decision no ground for writ 611 Jurisdiction to issue writ of certiorari : existence of person or authority 612 Want of jurisdiction and wrong decision on facts collateral to jurisdiction 612 Writ against local bodies or corporations 613 Writ by State Government against Central Government 613 Res judicata : application in writ proceedings 614 Waiver : plea to be specifically raised 615 Delay, laches and acquiescence 615 Laches : scope 616 Laches or delay : principles 617 Discretionary power of Supreme Court : rule against laches one of practice and not of law 617 Laches 617 Mere filing of applications not enough 617 Principles for issue of : writ of certiorari 618 Nature of certiorari 622 Writ of mandamus 622 Nature of mandamus 622 Writ of prohibition 624 Nature of prohibition 625 Aggrieved person 626 Article 227 627 Administrative and judicial function 628 Tribunal's right to decide the question of jurisdiction : writ 629 Writ issued to decide jurisdictional issue as preliminary issue 630 Wrong exercise of jurisdiction : writ issued 631 Arbitration and ward and writ 631 Parties to the writ of mandamus 633 Parties : writ : workmen not members of any registered Union 634 Writ of mandamus sought by workmen for referring a dispute employer not a necessary party 634 Secretary of an association : if could move writ for its individual member 634 Writ filed by registered Trade Union if maintainable 635 Public interest litigation : writ 635 APPENDICES Industrial Disputes Act, 1947 651 Rules-(1) Industrial Tribunal Procedure Rules, 1949 773 (2) Industrial Tribunal (Central Procedure) Rules, 1954 774 (3) Industrial Disputes (Central) Rules, 1957 775 Industrial Disputes (Banking and Insurance Companies) Act, 1949 822 Industrial Disputes (Banking Companies) Decision Act, 1955 824 Industrial Employment (Standing Orders) Act, 1946 831 Industrial Employment (Standing Orders) (Bombay Amendment) Act,1957 848 Industrial Employment (Standing Orders) Central Rules, 1946 848 SUBJECT INDEX 873 Deliverable Countries : This product ships to
(less)R. A. Gregory's Identification of Disputed Documents, Fingerprints and Ballistics
Kumar. It completely covers equipment and techniques used in the analysis of handwriting, typewriting, printed matter, fingerprints and firearms.
It also contains a section on expert evidence. With a view to giving the reader a deeper insight into the subjects of identification, the revising author has enlarged the book and added fresh material relating to the recent developments in science and their application.
Details of novel techniques that are quick, sensitive and more accurate, and are in keeping with the modern techniques being adopted by the present day criminals have also been given. All this makes the book more useful and an asset in sorting out cases of conflicting opinions given by different experts.
A must for legal practitioners, police officers, law enforcement agencies, courts and others concerned with this field. Table of Contents: PART I : DISPUTED DOCUMENTS PREFACE TO THE FOURTH EDITION V PREFACE TO THE THIRD EDITION IX PREFACE TO THE FIRST EDITION X CHAPTER I : INTRODUCTION Illustrations 3 CHAPTER II : WRITING CHARACTERISTICS Co-ordination of the writing muscles 8 Movement 8 Relative size of letters and words 9 Relative positioning of letter, words etc.
11 Slant and relative slant of letters, words, etc. 11 Alignment 12 Shape of letters 13 Method of production of letters 13 Line quality 14 Pen presentation and shading 14 Pen pressure 15 Arrangement of words, sentence and paragraphs 16 Rhythmic production of writing 16 Speed of writing 16 Embellishment 16 Arrangement of Handwriting 16 Skill 17 Individual Idiosyncrasies 17 CHAPTER III : HANDWRITING EXPERT AND EXAMINATION PROBLEMS Introduction 18 Preliminary question for determination 18 What the documents laboratory can do 20 Problems which cannot be solved in a Documents laboratory 20 Standard for comparison 23 Procedure for obtaining suitable standards for comparison 24 Standard materials for comparison with typewritten matter 26 Care of Documents 27 Instructions for Collection and Packing on Exhibits 28 CHAPTER IV : LABORATORY EQUIPMENTS Introduction 29 The Laboratory itself 29 Working Bench 29 Lighting Arrangement 29 Natural light 30 Electromagnetic Radiations 30 Ultra-voilet Rays 31 Uses of Ultra-violet rays in other fields of investigation 34 Colour of the object to be photographed 35 Typical and convenient equipment 36 Infra-red rays 37 Emission 38 Optical Equipments 39 Microscope 40 Measuring instruments 41 Photographic equipment 43 Document photography 43 Chromoscope 44 Electron Microscope 45 Thin layer chromatography 46 Video spectral comparator 47 CHAPTER V : WRITING EQUIPMENTS Pens 49 Pencil 50 Tests for distinction 51 Chemical or destructive tests 52 Inks 53 Fountain-pen ink 54 Fibre-tip pens 56 Problems in examination 56 Methods of examination 56 Paper 57 Manufacture of paper 58 Classification of paper material 59 Tests for papers 59 CHAPTER VI : TYPEWRITER AND EXAMINATION OF TYPEWRITTEN MATTER Introduction 61 Classification of makes and models of typewriters in India 62 Identification of typewriter 63 General consideration 63 Individual characteristics 65 Has the whole document been typed on the same typewriter 66 Has the whole document been typed at the same time 66 Thin layer chromatography 67 Identification of the operator 68 Times since typed 69 CHAPTER VII : ANONYMOUS LETTERS Introduction 70 Classification of anonymous letters 71 Typical cases and investigations 72 CHAPTER VIII : ABNORMAL WRITING Introduction 76 Unusual writing conditions 76 Intentional 77 Disguised writing 77 Important features of disguised writings 79 Writings by unaccustomed hand 80 Habitual writings 84 Examination for finger-print impressions 85 CHAPTER IX : FORGERY AND DETECTION Introduction 86 Classification of forgeries 86 Traced forgery characteristics 89 Examination and court demonstration 89 CHAPTER X : EXAMINATION AND COMPARISON OF HANDWRITING Introduction 91 Graphoscopy 91 General characteristics 92 Individual characteristics 94 Graphometry 95 Technique of Graphometric Analysis 96 General Rule of measurement 96 CHAPTER XI : PRINTED MATTER Introduction 101 Printing Press 101 Mechanical type setting 102 Printing technology 102 Type characters 102 Approximate size of type in General use 102 Composing 103 Monotype 103 Forgery in Lottery Tickets 103 Alteration of the lottery ticket number to match the winning number 103 Forged printing 104 Forgery in currency notes 105 Distinction between a genuine and forged note 105 Spurious books 106 CHAPTER XII : EXAMINATION OF CHARRED DOCUMENTS Introduction 108 Stabilization 108 Deciperment 109 CHAPTER XIII : ALTERATION, ADDITION, ERASURES AND OTHER QUESTIONED DOCUMENTS PROBLEMS Introduction 111 Alteration 111 Additions 111 Erasures 112 Invisible writings and their Decipherment 113 Cryptography 114 CHAPTER XIV : PROBLEM OF PROOF IN COURT Mode of Proof of Handwriting 116 Value to be attached to lay witnesses 118 Probative value of Handwriting Expert's Opinion 118 Comparison of Handwriting/Signature by the Court 120 Knowledge of Script by the Expert 122 Conflict of opinion between two experts 122 Typewriter Identification 124 Effect of non-submission of expert's opinion 125 Forgery in, Currency Note 125 PART II : FINGER PRINT CHAPTER I : BRIEF HISTORY OF FINGERPRINT SCIENCE Introduction 129 Historical Background 129 Importance of Finger Impressions 131 Basis of Identification Through Finger Print 132 No.
of points necessary to establish identity 132 The ridge characteristics of fingers do not undergo any change during an individual's lifetime 136 Fingerprints have such ridge patterns that permit them to be systematically classified 137 CHAPTER II : FINGERPRINT PATTERNS Patterns 138 Definitions 138 Congenital Abnormality 148 Dermabrasion 149 Occupational marks 150 CHAPTER III : RIDGE CHARACTERISTICS Introduction 151 Characteristics formed by single ridge 151 Characteristics formed by two or more ridges 152 CHAPTER IV : FINGERPRINT CLASSIFICATION SYSTEM Introduction 154 Henry Classification System 154 Primary Classification System 154 The Secondary Classification System 156 The Sub-secondary Classification System 156 Whorl Tracings 157 Ridge counting 158 New Method of Ridge Counting and Ridge Tracing 159 Lettered Group Method 160 Major Divisional System 161 Single Digit System 162 CHAPTER V : LATENT FINGER IMPRESSIONS Introduction 166 Development of Finger Impressions 166 Equipment for development at the scene of crime 171 Lifting of finger-print 171 Lifting tape 172 Silicon Rubber 172 Benzidine solution 172 CHAPTER VI : HOW TO TAKE FINGER IMPRESSION Introduction 174 Method of taking Finger Impressions in Special Cases 175 Principle and Technique 177 Fingerprinting a decomposed dead body 177 CHAPTER VII : METHOD OF EXAMINATION OF TWO FINGERPRINTS Introduction 180 The Matrix Process (Albert Wehde) 180 The Fingerprint Stamp (Herald Cummins) 181 Process Block 181 Transmogrification, Scarification and Dermabrasions 181 Method of Examination 182 Intrinsic Examination 182 Extrinsic Study 183 Identity by Microscopic Ridge Details 185 Edgescopy 186 Palm (Hand) and Sole and Toe (Foot) Print 186 Sole Prints 189 CHAPTER VIII : FINGERPRINT EVIDENCE Notable cases and case laws 191 Admissibility of Fingerprint evidence without the physical presence of expert 192 Expert's opinion on a partial print 193 Presentation of Fingerprint Evidence 193 Probative value of Fingerprint opinion 194 Thumb impression is a science of exactitude 195 Can a Magistrate direct a person to give thumb impression? 196 Footprint 197 Footprint/shoeprint comparisons 198 CHAPTER IX : THE EXPERT IN COURT Examination in Chief 199 Examination-in-Chief (Questions & Answers) 200 Cross Examination 202 PART III : BALLISTICS CHAPTER I : INTRODUCTION Historical outfit 208 Gradual development of firearms 209 The Wheel-Lock 210 The Flint-Lock 210 Percussion Lock 211 Breech Loading 211 CHAPTER II : FIREARMS Smooth bore weapons 213 Bore 213 Calibre 213 Exceptions 214 Shot-Guns 214 Single barrelled 214 Double barrelled Guns 215 Choke 216 Muskets 217 Mixed Guns 217 Paradox Guns 217 Rifled Arms 218 Effect of rifling 218 Types of Rifled small arms 218 Rifles 218 Pistols 219 Revolver 220 Sub-machine Guns 221 Light machine Guns 222 Air Guns and Air rifles 222 Assault Rifles 222 CHAPTER III : SMALL ARMS AMMUNITION Composition of Ammunition 224 Grading of Black Powder 225 Semi-Smokeless Powder 226 Priming Mixture 226 Percussion Caps 226 Projectiles 227 Bullet 228 Cannelure 229 Shot-Gun Projectiles 229 Shots/Pellets 230 Wads 232 Turn over 233 Lubricants 233 Cartridge Shell 233 CHAPTER IV : IDENTIFICATION OF FIREARMS Identification from fired cartridge cases - Firing pin and breech-face markings 236 Extractor mark 237 Ejector marks 237 Drag mark 238 Chamber marks 239 Unusual marks 239 Bullets 239 Bullet fired through smooth-bore weapons 241 Identification from fired shots and bullets 241 Court decisions on identification 242 Importance of photograph for presentation of evidence 245 CHAPTER V : RANGE OF A GUN Maximum Horizontal Range 248 Maximum Vertical Range 248 Effective Range 248 Dangerous Range 248 Safe Range 248 Range in the forensic sense 249 Contact Range 249 Point Blank/Near Contact Range 249 Near Contact Range 250 Chips range 251 Distance beyond chips range 251 Range of bullets fired by rifles 251 Effect of bullet at range between 600-1200 yards 253 Effect at range exceeding 1200 yards 253 Wound caused by Machine guns 253 Case Laws 253 CHAPTER VI : SHOT GUN BALLISTICS Introduction 256 Contact shot 256 Near contact shot 256 Range within 1 to 3 yards 257 Range between 3-6 yards 257 Range between 6 to 10 yards 257 Range beyond 40 yards 258 Range estimation from percentage of pellets on a given target 258 Wounding power and Casualty criteria 259 Behaviour of wads 260 CHAPTER VII : COUNTRYMADE GUN Range assessment 262 Penetrating capability 263 Direction of Fire 263 Identification problems 264 CHAPTER VIII : HOMICIDE, SUICIDES AND ACCIDENTS BY FIREARMS Section 300 265 Suicide 266 Accident 266 Illustrative cases 268 CHAPTER IX : RANDUM NOTES Rules of safety 268 How to Disarm 268 How to deal with an armed suspect 270 CHAPTER X : MEDICO-LEGAL INVESTIGATIONS Section 174: Criminal Procedure Code, 1973 272 Section 175: Criminal Procedure Code, 1973 273 Section 176: Criminal Procedure Code, 1973 273 Value of inquest report 274 Conflict between Inquest-Report & Post-mortem Report 274 Post-mortem examination 275 CHAPTER XI : EXPERT'S OPINION - A FEW COURT RULINGS Importance of the inspection of the scene of occurrence 277 Effect of non-production of expert evidence 278 What are Arms and Ammunition 278 PART IV : EXPERT EVIDENCE CHAPTER I : EXPERT EVIDENCE - GENERAL Introduction 283 When expert evidence is to be admitted 284 Common witness vis-a-vis expert witness 285 Who are experts? 286 Competency of expert 287 Qualities of an expert 288 Judicial approach 289 Expert Evidence should be Demonstrative 290 CHAPTER II : THE EXPERT IN COURT Introduction 291 Court Procedure and the witness 291 Mode of Issue of Summons 291 Administration of Oath 292 Recall witness 293 Hints on Giving Evidence 294 Preparation of the testimony 294 Some Do's and Don'ts 295 SUBJECT INDEX 297 Deliverable Countries : This product ships to About the Book: Originally written by Russell A. Gregory out of his three decades of experience and expertise, the fourth edition of this popular book has been ably revised by Shri K.
Kumar. It completely covers equipment and techniques used in the analysis of handwriting, typewriting, printed matter, fingerprints and firearms.
It also contains a section on expert evidence. With a view to giving the reader a deeper insight into the subjects of identification, the revising author has enlarged the book and added fresh material relating to the recent developments in science and their application.
Details of novel techniques that are quick, sensitive and more accurate, and are in keeping with the modern techniques being adopted by the present day criminals have also been given. All this makes the book more useful and an asset in sorting out cases of conflicting opinions given by different experts.
A must for legal practitioners, police officers, law enforcement agencies, courts and others concerned with this field. Table of Contents: PART I : DISPUTED DOCUMENTS PREFACE TO THE FOURTH EDITION V PREFACE TO THE THIRD EDITION IX PREFACE TO THE FIRST EDITION X CHAPTER I : INTRODUCTION Illustrations 3 CHAPTER II : WRITING CHARACTERISTICS Co-ordination of the writing muscles 8 Movement 8 Relative size of letters and words 9 Relative positioning of letter, words etc.
11 Slant and relative slant of letters, words, etc. 11 Alignment 12 Shape of letters 13 Method of production of letters 13 Line quality 14 Pen presentation and shading 14 Pen pressure 15 Arrangement of words, sentence and paragraphs 16 Rhythmic production of writing 16 Speed of writing 16 Embellishment 16 Arrangement of Handwriting 16 Skill 17 Individual Idiosyncrasies 17 CHAPTER III : HANDWRITING EXPERT AND EXAMINATION PROBLEMS Introduction 18 Preliminary question for determination 18 What the documents laboratory can do 20 Problems which cannot be solved in a Documents laboratory 20 Standard for comparison 23 Procedure for obtaining suitable standards for comparison 24 Standard materials for comparison with typewritten matter 26 Care of Documents 27 Instructions for Collection and Packing on Exhibits 28 CHAPTER IV : LABORATORY EQUIPMENTS Introduction 29 The Laboratory itself 29 Working Bench 29 Lighting Arrangement 29 Natural light 30 Electromagnetic Radiations 30 Ultra-voilet Rays 31 Uses of Ultra-violet rays in other fields of investigation 34 Colour of the object to be photographed 35 Typical and convenient equipment 36 Infra-red rays 37 Emission 38 Optical Equipments 39 Microscope 40 Measuring instruments 41 Photographic equipment 43 Document photography 43 Chromoscope 44 Electron Microscope 45 Thin layer chromatography 46 Video spectral comparator 47 CHAPTER V : WRITING EQUIPMENTS Pens 49 Pencil 50 Tests for distinction 51 Chemical or destructive tests 52 Inks 53 Fountain-pen ink 54 Fibre-tip pens 56 Problems in examination 56 Methods of examination 56 Paper 57 Manufacture of paper 58 Classification of paper material 59 Tests for papers 59 CHAPTER VI : TYPEWRITER AND EXAMINATION OF TYPEWRITTEN MATTER Introduction 61 Classification of makes and models of typewriters in India 62 Identification of typewriter 63 General consideration 63 Individual characteristics 65 Has the whole document been typed on the same typewriter 66 Has the whole document been typed at the same time 66 Thin layer chromatography 67 Identification of the operator 68 Times since typed 69 CHAPTER VII : ANONYMOUS LETTERS Introduction 70 Classification of anonymous letters 71 Typical cases and investigations 72 CHAPTER VIII : ABNORMAL WRITING Introduction 76 Unusual writing conditions 76 Intentional 77 Disguised writing 77 Important features of disguised writings 79 Writings by unaccustomed hand 80 Habitual writings 84 Examination for finger-print impressions 85 CHAPTER IX : FORGERY AND DETECTION Introduction 86 Classification of forgeries 86 Traced forgery characteristics 89 Examination and court demonstration 89 CHAPTER X : EXAMINATION AND COMPARISON OF HANDWRITING Introduction 91 Graphoscopy 91 General characteristics 92 Individual characteristics 94 Graphometry 95 Technique of Graphometric Analysis 96 General Rule of measurement 96 CHAPTER XI : PRINTED MATTER Introduction 101 Printing Press 101 Mechanical type setting 102 Printing technology 102 Type characters 102 Approximate size of type in General use 102 Composing 103 Monotype 103 Forgery in Lottery Tickets 103 Alteration of the lottery ticket number to match the winning number 103 Forged printing 104 Forgery in currency notes 105 Distinction between a genuine and forged note 105 Spurious books 106 CHAPTER XII : EXAMINATION OF CHARRED DOCUMENTS Introduction 108 Stabilization 108 Deciperment 109 CHAPTER XIII : ALTERATION, ADDITION, ERASURES AND OTHER QUESTIONED DOCUMENTS PROBLEMS Introduction 111 Alteration 111 Additions 111 Erasures 112 Invisible writings and their Decipherment 113 Cryptography 114 CHAPTER XIV : PROBLEM OF PROOF IN COURT Mode of Proof of Handwriting 116 Value to be attached to lay witnesses 118 Probative value of Handwriting Expert's Opinion 118 Comparison of Handwriting/Signature by the Court 120 Knowledge of Script by the Expert 122 Conflict of opinion between two experts 122 Typewriter Identification 124 Effect of non-submission of expert's opinion 125 Forgery in, Currency Note 125 PART II : FINGER PRINT CHAPTER I : BRIEF HISTORY OF FINGERPRINT SCIENCE Introduction 129 Historical Background 129 Importance of Finger Impressions 131 Basis of Identification Through Finger Print 132 No.
of points necessary to establish identity 132 The ridge characteristics of fingers do not undergo any change during an individual's lifetime 136 Fingerprints have such ridge patterns that permit them to be systematically classified 137 CHAPTER II : FINGERPRINT PATTERNS Patterns 138 Definitions 138 Congenital Abnormality 148 Dermabrasion 149 Occupational marks 150 CHAPTER III : RIDGE CHARACTERISTICS Introduction 151 Characteristics formed by single ridge 151 Characteristics formed by two or more ridges 152 CHAPTER IV : FINGERPRINT CLASSIFICATION SYSTEM Introduction 154 Henry Classification System 154 Primary Classification System 154 The Secondary Classification System 156 The Sub-secondary Classification System 156 Whorl Tracings 157 Ridge counting 158 New Method of Ridge Counting and Ridge Tracing 159 Lettered Group Method 160 Major Divisional System 161 Single Digit System 162 CHAPTER V : LATENT FINGER IMPRESSIONS Introduction 166 Development of Finger Impressions 166 Equipment for development at the scene of crime 171 Lifting of finger-print 171 Lifting tape 172 Silicon Rubber 172 Benzidine solution 172 CHAPTER VI : HOW TO TAKE FINGER IMPRESSION Introduction 174 Method of taking Finger Impressions in Special Cases 175 Principle and Technique 177 Fingerprinting a decomposed dead body 177 CHAPTER VII : METHOD OF EXAMINATION OF TWO FINGERPRINTS Introduction 180 The Matrix Process (Albert Wehde) 180 The Fingerprint Stamp (Herald Cummins) 181 Process Block 181 Transmogrification, Scarification and Dermabrasions 181 Method of Examination 182 Intrinsic Examination 182 Extrinsic Study 183 Identity by Microscopic Ridge Details 185 Edgescopy 186 Palm (Hand) and Sole and Toe (Foot) Print 186 Sole Prints 189 CHAPTER VIII : FINGERPRINT EVIDENCE Notable cases and case laws 191 Admissibility of Fingerprint evidence without the physical presence of expert 192 Expert's opinion on a partial print 193 Presentation of Fingerprint Evidence 193 Probative value of Fingerprint opinion 194 Thumb impression is a science of exactitude 195 Can a Magistrate direct a person to give thumb impression? 196 Footprint 197 Footprint/shoeprint comparisons 198 CHAPTER IX : THE EXPERT IN COURT Examination in Chief 199 Examination-in-Chief (Questions & Answers) 200 Cross Examination 202 PART III : BALLISTICS CHAPTER I : INTRODUCTION Historical outfit 208 Gradual development of firearms 209 The Wheel-Lock 210 The Flint-Lock 210 Percussion Lock 211 Breech Loading 211 CHAPTER II : FIREARMS Smooth bore weapons 213 Bore 213 Calibre 213 Exceptions 214 Shot-Guns 214 Single barrelled 214 Double barrelled Guns 215 Choke 216 Muskets 217 Mixed Guns 217 Paradox Guns 217 Rifled Arms 218 Effect of rifling 218 Types of Rifled small arms 218 Rifles 218 Pistols 219 Revolver 220 Sub-machine Guns 221 Light machine Guns 222 Air Guns and Air rifles 222 Assault Rifles 222 CHAPTER III : SMALL ARMS AMMUNITION Composition of Ammunition 224 Grading of Black Powder 225 Semi-Smokeless Powder 226 Priming Mixture 226 Percussion Caps 226 Projectiles 227 Bullet 228 Cannelure 229 Shot-Gun Projectiles 229 Shots/Pellets 230 Wads 232 Turn over 233 Lubricants 233 Cartridge Shell 233 CHAPTER IV : IDENTIFICATION OF FIREARMS Identification from fired cartridge cases - Firing pin and breech-face markings 236 Extractor mark 237 Ejector marks 237 Drag mark 238 Chamber marks 239 Unusual marks 239 Bullets 239 Bullet fired through smooth-bore weapons 241 Identification from fired shots and bullets 241 Court decisions on identification 242 Importance of photograph for presentation of evidence 245 CHAPTER V : RANGE OF A GUN Maximum Horizontal Range 248 Maximum Vertical Range 248 Effective Range 248 Dangerous Range 248 Safe Range 248 Range in the forensic sense 249 Contact Range 249 Point Blank/Near Contact Range 249 Near Contact Range 250 Chips range 251 Distance beyond chips range 251 Range of bullets fired by rifles 251 Effect of bullet at range between 600-1200 yards 253 Effect at range exceeding 1200 yards 253 Wound caused by Machine guns 253 Case Laws 253 CHAPTER VI : SHOT GUN BALLISTICS Introduction 256 Contact shot 256 Near contact shot 256 Range within 1 to 3 yards 257 Range between 3-6 yards 257 Range between 6 to 10 yards 257 Range beyond 40 yards 258 Range estimation from percentage of pellets on a given target 258 Wounding power and Casualty criteria 259 Behaviour of wads 260 CHAPTER VII : COUNTRYMADE GUN Range assessment 262 Penetrating capability 263 Direction of Fire 263 Identification problems 264 CHAPTER VIII : HOMICIDE, SUICIDES AND ACCIDENTS BY FIREARMS Section 300 265 Suicide 266 Accident 266 Illustrative cases 268 CHAPTER IX : RANDUM NOTES Rules of safety 268 How to Disarm 268 How to deal with an armed suspect 270 CHAPTER X : MEDICO-LEGAL INVESTIGATIONS Section 174: Criminal Procedure Code, 1973 272 Section 175: Criminal Procedure Code, 1973 273 Section 176: Criminal Procedure Code, 1973 273 Value of inquest report 274 Conflict between Inquest-Report & Post-mortem Report 274 Post-mortem examination 275 CHAPTER XI : EXPERT'S OPINION - A FEW COURT RULINGS Importance of the inspection of the scene of occurrence 277 Effect of non-production of expert evidence 278 What are Arms and Ammunition 278 PART IV : EXPERT EVIDENCE CHAPTER I : EXPERT EVIDENCE - GENERAL Introduction 283 When expert evidence is to be admitted 284 Common witness vis-a-vis expert witness 285 Who are experts? 286 Competency of expert 287 Qualities of an expert 288 Judicial approach 289 Expert Evidence should be Demonstrative 290 CHAPTER II : THE EXPERT IN COURT Introduction 291 Court Procedure and the witness 291 Mode of Issue of Summons 291 Administration of Oath 292 Recall witness 293 Hints on Giving Evidence 294 Preparation of the testimony 294 Some Do's and Don'ts 295 SUBJECT INDEX 297
(less)Legal Aspects of Business
The student -- in thinking through the cases and settling the disputes ? discovers the concepts and principles that underlie that theme and interpretation of the relevant legal provisions. The succeeding chapter on the same theme confirms the student?s understanding and develops it further through notes, examples, and review & analysis of court judgements.
Thirteen new chapters on contract law have been added Section on Consumer Protection Act significantly expandedTable of Contents: 1. Introduction to Law and Business PART 1: CONTRACT LAW 2.
Introduction to Contract Law 3. Offer, Acceptance and Agreement 4.
Acceptance, Rejection and Revocation of Offer 5. Formation of Agreement: Cases 6.
Formation of Agreement: Text 7. Time and Place of Formation of Contract 8.
Unilateral and Bilateral Contracts 9. Consideration: Cases 10.
Consideration and Contracts 11. Sufficiency of Consideration 12.
Privity of Contract 13. Capacity to Contract 14.
Void Contracts 15. Voidable Contracts 16.
Contingent Contract 17. Breach, Damages and Compensation 18.
Standard Terms and Freedom of Contract PART 2: SALE OF GOODS 19. Ownership and Quality of Goods: Cases 20.
Sale of Goods: Ownership and Quality 21. Sale and Transfer of Ownership: Cases 22.
Sale of Goods: Transfer of Property 23. Sale of Goods: Further Developments PART 3: SPECIAL CONTRACTS 24.
Bailment 25. Guarantee 26.
Agent, Agency and Principal 27. Partnership PART 4: CONSUMER PROTECTION 28.
Reading Legal Texts 29. Consumer Protection Act: Cases 30.
Formation of the Consumer Protection Act 31. Unfair Trade Practices: Cases 32.
Development of the Law on Unfair Trade Practices PART 5: COMPANY LAW 33. Company Law: Introduction 34.
Incorporation of Companies 35. Prospectus and Raising of Capital 36.
Meeting and Company Law 37. Merger and Amalgamation 38.
Securities Regulation PART 6: INTELLECTUAL PROPERTY RIGHTS 39. Law, Liberalisation and Globalisation 40.
Intellectual Property Right 41. Patents 42.
Copyright Protection 43. Law on Trade Mark Protection PART 7: BANKING LAW 44.
Banking Law 45. Negotiable Instruments PART 8: LAW AND TAXATION 46.
Introduction to Taxation in India 47. Central Excise Tax 48.
Value Added Tax 49. Service Tax PART 9: MISCELLANEOUS THEMES 50.
Business and the Fundamental Rights 51. Information Technology and Law 52.
Environment Protection Act 53. Business and Criminal Liability 54.
Indian Legal System Annexure 1: The Indian Contract Act, 1872 Annexure 2: Indian Sale of Goods Act, 1930 Annexure 3: The Standards of Weights And Measures Act, 1976 Annexure 4: The Standards Of Weights And Measures (Packaged Commodities) Rules, 1977 Annexure 5: Consumer Protection Act, 1986 Annexure 6: Unfair Trade Practice Glossary of Legal Terms Deliverable Countries : This product ships to The book adopts a ?learning by discovering? approach which makes it refreshingly different and a motivational read. Each important theme (of the laws) opens with a chapter having unanswered cases that bring out disputes arising from business practices and other common incidents.
The student -- in thinking through the cases and settling the disputes ? discovers the concepts and principles that underlie that theme and interpretation of the relevant legal provisions. The succeeding chapter on the same theme confirms the student?s understanding and develops it further through notes, examples, and review & analysis of court judgements.
Thirteen new chapters on contract law have been added Section on Consumer Protection Act significantly expandedTable of Contents: 1. Introduction to Law and Business PART 1: CONTRACT LAW 2.
Introduction to Contract Law 3. Offer, Acceptance and Agreement 4.
Acceptance, Rejection and Revocation of Offer 5. Formation of Agreement: Cases 6.
Formation of Agreement: Text 7. Time and Place of Formation of Contract 8.
Unilateral and Bilateral Contracts 9. Consideration: Cases 10.
Consideration and Contracts 11. Sufficiency of Consideration 12.
Privity of Contract 13. Capacity to Contract 14.
Void Contracts 15. Voidable Contracts 16.
Contingent Contract 17. Breach, Damages and Compensation 18.
Standard Terms and Freedom of Contract PART 2: SALE OF GOODS 19. Ownership and Quality of Goods: Cases 20.
Sale of Goods: Ownership and Quality 21. Sale and Transfer of Ownership: Cases 22.
Sale of Goods: Transfer of Property 23. Sale of Goods: Further Developments PART 3: SPECIAL CONTRACTS 24.
Bailment 25. Guarantee 26.
Agent, Agency and Principal 27. Partnership PART 4: CONSUMER PROTECTION 28.
Reading Legal Texts 29. Consumer Protection Act: Cases 30.
Formation of the Consumer Protection Act 31. Unfair Trade Practices: Cases 32.
Development of the Law on Unfair Trade Practices PART 5: COMPANY LAW 33. Company Law: Introduction 34.
Incorporation of Companies 35. Prospectus and Raising of Capital 36.
Meeting and Company Law 37. Merger and Amalgamation 38.
Securities Regulation PART 6: INTELLECTUAL PROPERTY RIGHTS 39. Law, Liberalisation and Globalisation 40.
Intellectual Property Right 41. Patents 42.
Copyright Protection 43. Law on Trade Mark Protection PART 7: BANKING LAW 44.
Banking Law 45. Negotiable Instruments PART 8: LAW AND TAXATION 46.
Introduction to Taxation in India 47. Central Excise Tax 48.
Value Added Tax 49. Service Tax PART 9: MISCELLANEOUS THEMES 50.
Business and the Fundamental Rights 51. Information Technology and Law 52.
Environment Protection Act 53. Business and Criminal Liability 54.
Indian Legal System Annexure 1: The Indian Contract Act, 1872 Annexure 2: Indian Sale of Goods Act, 1930 Annexure 3: The Standards of Weights And Measures Act, 1976 Annexure 4: The Standards Of Weights And Measures (Packaged Commodities) Rules, 1977 Annexure 5: Consumer Protection Act, 1986 Annexure 6: Unfair Trade Practice Glossary of Legal Terms Deliverable Countries : This product ships to The book adopts a ?learning by discovering? approach which makes it refreshingly different and a motivational read. Each important theme (of the laws) opens with a chapter having unanswered cases that bring out disputes arising from business practices and other common incidents.
The student -- in thinking through the cases and settling the disputes ? discovers the concepts and principles that underlie that theme and interpretation of the relevant legal provisions. The succeeding chapter on the same theme confirms the student?s understanding and develops it further through notes, examples, and review & analysis of court judgements.
Thirteen new chapters on contract law have been added Section on Consumer Protection Act significantly expandedTable of Contents: 1. Introduction to Law and Business PART 1: CONTRACT LAW 2.
Introduction to Contract Law 3. Offer, Acceptance and Agreement 4.
Acceptance, Rejection and Revocation of Offer 5. Formation of Agreement: Cases 6.
Formation of Agreement: Text 7. Time and Place of Formation of Contract 8.
Unilateral and Bilateral Contracts 9. Consideration: Cases 10.
Consideration and Contracts 11. Sufficiency of Consideration 12.
Privity of Contract 13. Capacity to Contract 14.
Void Contracts 15. Voidable Contracts 16.
Contingent Contract 17. Breach, Damages and Compensation 18.
Standard Terms and Freedom of Contract PART 2: SALE OF GOODS 19. Ownership and Quality of Goods: Cases 20.
Sale of Goods: Ownership and Quality 21. Sale and Transfer of Ownership: Cases 22.
Sale of Goods: Transfer of Property 23. Sale of Goods: Further Developments PART 3: SPECIAL CONTRACTS 24.
Bailment 25. Guarantee 26.
Agent, Agency and Principal 27. Partnership PART 4: CONSUMER PROTECTION 28.
Reading Legal Texts 29. Consumer Protection Act: Cases 30.
Formation of the Consumer Protection Act 31. Unfair Trade Practices: Cases 32.
Development of the Law on Unfair Trade Practices PART 5: COMPANY LAW 33. Company Law: Introduction 34.
Incorporation of Companies 35. Prospectus and Raising of Capital 36.
Meeting and Company Law 37. Merger and Amalgamation 38.
Securities Regulation PART 6: INTELLECTUAL PROPERTY RIGHTS 39. Law, Liberalisation and Globalisation 40.
Intellectual Property Right 41. Patents 42.
Copyright Protection 43. Law on Trade Mark Protection PART 7: BANKING LAW 44.
Banking Law 45. Negotiable Instruments PART 8: LAW AND TAXATION 46.
Introduction to Taxation in India 47. Central Excise Tax 48.
Value Added Tax 49. Service Tax PART 9: MISCELLANEOUS THEMES 50.
Business and the Fundamental Rights 51. Information Technology and Law 52.
Environment Protection Act 53. Business and Criminal Liability 54.
Indian Legal System Annexure 1: The Indian Contract Act, 1872 Annexure 2: Indian Sale of Goods Act, 1930 Annexure 3: The Standards of Weights And Measures Act, 1976 Annexure 4: The Standards Of Weights And Measures (Packaged Commodities) Rules, 1977 Annexure 5: Consumer Protection Act, 1986 Annexure 6: Unfair Trade Practice Glossary of Legal Terms Deliverable Countries : This product ships to The book adopts a ?learning by discovering? approach which makes it refreshingly different and a motivational read. Each important theme (of the laws) opens with a chapter having unanswered cases that bring out disputes arising from business practices and other common incidents.
The student -- in thinking through the cases and settling the disputes ? discovers the concepts and principles that underlie that theme and interpretation of the relevant legal provisions. The succeeding chapter on the same theme confirms the student?s understanding and develops it further through notes, examples, and review & analysis of court judgements.
Thirteen new chapters on contract law have been added Section on Consumer Protection Act significantly expandedTable of Contents: 1. Introduction to Law and Business PART 1: CONTRACT LAW 2.
Introduction to Contract Law 3. Offer, Acceptance and Agreement 4.
Acceptance, Rejection and Revocation of Offer 5. Formation of Agreement: Cases 6.
Formation of Agreement: Text 7. Time and Place of Formation of Contract 8.
Unilateral and Bilateral Contracts 9. Consideration: Cases 10.
Consideration and Contracts 11. Sufficiency of Consideration 12.
Privity of Contract 13. Capacity to Contract 14.
Void Contracts 15. Voidable Contracts 16.
Contingent Contract 17. Breach, Damages and Compensation 18.
Standard Terms and Freedom of Contract PART 2: SALE OF GOODS 19. Ownership and Quality of Goods: Cases 20.
Sale of Goods: Ownership and Quality 21. Sale and Transfer of Ownership: Cases 22.
Sale of Goods: Transfer of Property 23. Sale of Goods: Further Developments PART 3: SPECIAL CONTRACTS 24.
Bailment 25. Guarantee 26.
Agent, Agency and Principal 27. Partnership PART 4: CONSUMER PROTECTION 28.
Reading Legal Texts 29. Consumer Protection Act: Cases 30.
Formation of the Consumer Protection Act 31. Unfair Trade Practices: Cases 32.
Development of the Law on Unfair Trade Practices PART 5: COMPANY LAW 33. Company Law: Introduction 34.
Incorporation of Companies 35. Prospectus and Raising of Capital 36.
Meeting and Company Law 37. Merger and Amalgamation 38.
Securities Regulation PART 6: INTELLECTUAL PROPERTY RIGHTS 39. Law, Liberalisation and Globalisation 40.
Intellectual Property Right 41. Patents 42.
Copyright Protection 43. Law on Trade Mark Protection PART 7: BANKING LAW 44.
Banking Law 45. Negotiable Instruments PART 8: LAW AND TAXATION 46.
Introduction to Taxation in India 47. Central Excise Tax 48.
Value Added Tax 49. Service Tax PART 9: MISCELLANEOUS THEMES 50.
Business and the Fundamental Rights 51. Information Technology and Law 52.
Environment Protection Act 53. Business and Criminal Liability 54.
Indian Legal System Annexure 1: The Indian Contract Act, 1872 Annexure 2: Indian Sale of Goods Act, 1930 Annexure 3: The Standards of Weights And Measures Act, 1976 Annexure 4: The Standards Of Weights And Measures (Packaged Commodities) Rules, 1977 Annexure 5: Consumer Protection Act, 1986 Annexure 6: Unfair Trade Practice Glossary of Legal Terms Deliverable Countries : This product ships to
(less)Information Theory
Designed for upper-level undergraduates and first- year graduate students,the book treats three major areas:analysis of channel models and proof of coding theorems (Chaps.3,7 and 8); study of specific coding systems (Chaps.
2, 4 and 5); and study of statistical properties of information sources (Chap. 6).
Among the topics covered are noiseless coding, the discrete memoryless channel, error correcting codes, information sources, channels with memory and continuous channels.The author has tried to keep the prerequisites to a minimum.
However, students should have a knowledge of basic probability theory.Some measure and Hilbert space theory is helpful as well for the last two sections of Chapter 8,which treat time-continuous channels.
An appendix summarizes the Hilbert space background and the results from the theory of stochastic processes necessary for these sections.The appendix is not self-contained ,but will serve to pinpoint some of the specific equipment needed for the analysis of time-continuous channels.
In addition to historic notes at the end of each chapter indicating the origin of some of the results, the author has also included 60 problems, with detailed solutions, making the book especially valuable for independent study
(less)Precedents And Forms Of Indictments, Informations, Complaints Adapted To Practice In The United States Criminal And Civil Cases, Together With
. Adapted to Practice in the United States Criminal and Civil Cases, Together With Forms and Instructions Pertaining to the Accounts and Fees of United- States Attorneys and Commissioners Publisher: Chicago : Callaghan and company Publication date: 1894 Subjects: Forms (Law) -- United States Courts -- United States Costs (Law) -- United States Notes: This is an OCR reprint.
There may be typos or missing text. There are no illustrations or indexes.
When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free.
You can also preview the book there
(less)Cyberregs: A Business Guide to Web Property, Privacy, and Patents
. The Digital Economy: Promise and Peril in the Age of Networked Intelligence by Tapscott, Don ; Electronic Commerce 2002: A Managerial Perspective by Turban, Efraim ; Lee, Jae ; King, David ; Practical Research: Planning and Design by Leedy, Paul D.
; Ormrod, Jeanne Ellis ; E-Policy: How to Develop Computer, E-Policy, and Internet Guidelines to Protect Your Company and Its Assets by Overly, Michael R. ; Browse For Other Books By Same Subject.
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Law > Practical Guides > Business > Business > Reference > Business > Law > Business > Business > Computers > Digital Business & Culture > Culture > Computers > Home & Office > Internet > Digital Business & Culture > Culture > Computers > Digital Business & Culture > Privacy > Computers > Home & Office > Internet > Digital Business & Culture > Privacy > Computers > Software > Design & Development > Computers > Computer Science > Design & Development > Computers > Programming > Design & Development > Computers > Programming > Web Programming > Cybercopyrights > Law > Intellectual Property > Patent, Trademark & Copyright > Law > Perspectives on Law > Science & Technology >
(less)Principles of Corporate Renewal
S. Bankruptcy Laws Comparing the Bargaining Power of Debtors and Creditors Secured Transactions Bankruptcy Laws in Industrialized Countries Bankruptcy in the European Union Bankruptcy among Insolvent Nations Bankruptcy Laws in Emerging Countries Questions Chapter 3.
Failure Prediction Failure Prediction with Financial Ratios Financial and Operating Leverage Failure Prediction Models Applying EWS Models in a Turnaround Break-Even Analysis Additional Funds Needed and Sustainable Growth The Alternative to Growth Measuring Performance with EVA EVA/MVA and the Privately Held Firm Exercise Chapter 4. Ethical and Legal Considerations in Financial Distress Consumer Fraud Business Fraud Accounting Frauds and Near Frauds Director Liability and Responsibility in Financially Troubled Companies Liabilities Arising from the Board Itself Corporate Organizational Form: Introducing the Limited-Liability Company Pension Benefits in Distressed and Bankrupt Companies Part 2.
Implementation Chapter 5. Turnaround Analysis Is a Turnaround Possible? Promoting Organizational Change Questions Compensation Systems Sources of Finance for a Distressed Business The Role of the Board of Directors during Corporate Renewal Negotiations Questions Procurement Options and Transfer Pricing Outsourcing and Insourcing Auctions Accounting as a Management Tool Chapter 6.
Employee Downsizing Economic Considerations Practical Downsizing Issues Empirical Evidence on Downsizing The Downsizing Message Management Structure and Task-Based Layoffs Questions Pension Plan Changes That Induce Retirement Layoffs: Rehiring Fired Workers Questions A Corporate Renewal Engagement Student Assignment Part 3. Advanced Issues Chapter 7.
Crafting a Plan of Reorganization Strategic Changes Determining the Treatment of Obligations Finding Excess Cash Crafting the Plan Valuation Issues Using the Threat of Bankruptcy Continental Airlines and the Denver International Airport Reforming the Bankruptcy Laws Questions Exercise: Developing a Plan of Reorganization: Seaman Furniture Company Student Assignment Classes of Claims Questions Chapter 8. Business Process Reengineering An Overview of Reengineering An Elementary Example Reengineering Details The Rethinking Phase The Redesign Phase A More Complete Example Process Reengineering: Summary Chapter 9.
Deming and the Quality Revolution Total Quality Management ISO 9000, a Worldwide Standard of Quality Product Innovation Chapter 10. Tax Considerations: Protecting Tax Attributes Net Operating Loss Debt Forgiveness The Stock-for-Debt Exemption Distressed Investing: Buying into a Troubled Situation Chapter 11.
Advanced Accounting Issues The Interview in Activity-Based Cost Systems Fresh-Start Accounting Writing off Goodwill Fudging Net Income with Inventory Overvaluation Conclusion Acronyms Notes Glossary References Index Similar Title..
. The Phoenix Effect: 9 Revitalizing Strategies No Business Can Do Without by Pate, Carter ; Platt, Harlan ; Workouts and Turnarounds II: Global Restructuring Strategies for the Next Century: Insights from the Leading Authorities in the Field by Dinapoli, Dominic ; Dinapoli ; Creating Value Through Corporate Restructuring: Case Studies in Bankruptcies, Buyouts, and Breakups by Gilson, Stuart C.
; Gibson, Stuart C. ; Corporate Turnaround: How Managers Turn Losers Into Winners! by Bibeault, Donald B.
; The Turnaround Manager's Handbook by Sloma, Richard S. ; Browse For Other Books By Same Subject.
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Business > Biographies & Primers > Company Histories > Business > Business Life > Communication > Business > General > Professional & Technical > Business Management > Organizational Change > Business > Biographies & Primers > Organizational Change > Professional & Technical > Business Management > Management & Leadership > Organizational Change > Business > Management & Leadership > Organizational Change > Business > Personal Finance > Law > Business > Professional & Technical > Law > Business > Bankruptcy >
(less)Report Of Cases Argued And Determined In The Supreme Court Of The State Of Arizona
{etc.} Subjects: Law reports, digests, etc Notes: This is a black and white OCR reprint of the original.
It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.
com where you can select from more than a million books for free. Excerpt: 7.
Customs And Usages -- Evidence Of Custom To Explain Contract Admissible. -- Where a depositor, who had a gold balance in a United States bank, contracted with the bank to have the same credited in Mexican money or silver pesos, and the parties used the term "moneda Mexicana pesos plata" in communications which were written in Spanish, held that, where the depositor contended that he was sold actual silver money, and the bank that he was to be paid in Mexican bank bills, evidence of the customs of brokers in such exchanges is admissible, on the theory that parties who contracted on a subject concerning which known usages prevail, by implication incorporate them into their contract.
APPEAL from a judgment of the Superior Court of the County of Santa Cruz. S.
L. Pattee, Judge.
Reversed and remanded. STATEMENT OP FACTS.
Compania Agricola del Rio Mayo, S. A.
, a Mexican corporation, engaged in agricultural business, and hereinafter designated as "the Company," brought suit in the superior court of Santa Cruz county, Arizona, against the Sonora Bank
(less)Reading Financial Reports for Dummies
Get down to reporting basics -- recognize different business types and how their structure affects the books, and grasp the accounting method underlying it all Analyze the annual report -- make sense of the balance sheet, income and cash flow statements, and the notes while spotting red flags Know your numbers -- keep an eye on whether a company is making a profit or suffering a loss Understand how companies optimize operations -- use reports to measure how efficiently management is using its resources Meet the financial watchdogs -- from auditors to analysts, see who certifies report accuracy and how recent scandals have changed the rules Practice makes perfect -- put your skills to the test by dissecting the annual reports of two similar companies throughout the book Open the book and find: The accounting basics necessary to understand financial reports New information on reporting standards for private/small versus public/large businesses Updates surrounding the 2007 law on international financial reporting standards The impact of corporate communications and new technologies New real-world examples that reflect current trends Updated Web sites and resources Tips for spotting the fluff in financial reports Lita Epstein has contributed to Reading Financial Reports for Dummies as an author. Lita Epstein, MBA, (Poinciana, FL) excels at translating complex financial topics critical to peopleas everyday life.
She has more than a dozen books on the market, including StreetwiseA(R) Retirement Planning. Ms.
Epstein is a faculty member in the College of Graduate Business and Management at the University of Phoenix. She was the content director for the financial services website MostChoice.
com and also managed the website Investing for Women. The second edition includes over 25 percent new and updated information including: New information on the separate accounting and financial reporting standards for private/small businesses versus public/large businesses Updated information that reflects the 2007 law on international financial reporting standards New content to match SEC and other governmental regulatory changes over the past three years New information about how the analyst-corporate connection has actually changed the playing field The impact of corporate communications and new technologies New examples that reflect the current trends Updated websites and resources The ins and outs of financial reports, explained in plain English Want to make sense of financial reports? This easy-to-follow guide gives you a set of tools to understand these complicated statements, helping you read between the lines to determine a company's true financial health.
You'll make informed decisions about investing, spot possible problems, and use these reports to manage your own department or company for success. Get down to reporting basics -- recognize different business types and how their structure affects the books, and grasp the accounting method underlying it all Analyze the annual report -- make sense of the balance sheet, income and cash flow statements, and the notes while spotting red flags Know your numbers -- keep an eye on whether a company is making a profit or suffering a loss Understand how companies optimize operations -- use reports to measure how efficiently management is using its resources Meet the financial watchdogs -- from auditors to analysts, see who certifies report accuracy and how recent scandals have changed the rules Practice makes perfect -- put your skills to the test by dissecting the annual reports of two similar companies throughout the book Open the book and find: The accounting basics necessary to understand financial reports New information on reporting standards for private/small versus public/large businesses Updates surrounding the 2007 law on international financial reporting standards The impact of corporate communications and new technologies New real-world examples that reflect current trends Updated Web sites and resources Tips for spotting the fluff in financial reports Lita Epstein has contributed to Reading Financial Reports for Dummies as an author.
Lita Epstein, MBA, (Poinciana, FL) excels at translating complex financial topics critical to peopleas everyday life. She has more than a dozen books on the market, including StreetwiseA(R) Retirement Planning.
Ms. Epstein is a faculty member in the College of Graduate Business and Management at the University of Phoenix.
She was the content director for the financial services website MostChoice.com and also managed the website Investing for Women.
Deliverable Countries : This product ships to The second edition includes over 25 percent new and updated information including: New information on the separate accounting and financial reporting standards for private/small businesses versus public/large businesses Updated information that reflects the 2007 law on international financial reporting standards New content to match SEC and other governmental regulatory changes over the past three years New information about how the analyst-corporate connection has actually changed the playing field The impact of corporate communications and new technologies New examples that reflect the current trends Updated websites and resources The ins and outs of financial reports, explained in plain English Want to make sense of financial reports? This easy-to-follow guide gives you a set of tools to understand these complicated statements, helping you read between the lines to determine a company's true financial health. You'll make informed decisions about investing, spot possible problems, and use these reports to manage your own department or company for success.
Get down to reporting basics -- recognize different business types and how their structure affects the books, and grasp the accounting method underlying it all Analyze the annual report -- make sense of the balance sheet, income and cash flow statements, and the notes while spotting red flags Know your numbers -- keep an eye on whether a company is making a profit or suffering a loss Understand how companies optimize operations -- use reports to measure how efficiently management is using its resources Meet the financial watchdogs -- from auditors to analysts, see who certifies report accuracy and how recent scandals have changed the rules Practice makes perfect -- put your skills to the test by dissecting the annual reports of two similar companies throughout the book Open the book and find: The accounting basics necessary to understand financial reports New information on reporting standards for private/small versus public/large businesses Updates surrounding the 2007 law on international financial reporting standards The impact of corporate communications and new technologies New real-world examples that reflect current trends Updated Web sites and resources Tips for spotting the fluff in financial reports Lita Epstein has contributed to Reading Financial Reports for Dummies as an author. Lita Epstein, MBA, (Poinciana, FL) excels at translating complex financial topics critical to peopleas everyday life.
She has more than a dozen books on the market, including StreetwiseA(R) Retirement Planning. Ms.
Epstein is a faculty member in the College of Graduate Business and Management at the University of Phoenix. She was the content director for the financial services website MostChoice.
com and also managed the website Investing for Women. Deliverable Countries : This product ships to
(less)Business Law Including Company Law
Latest cases of law, Indian as well as International, have been given in a manner so that a business law student ought to learn and present these in the examinations. This edition includes An updated treatment of the Companies Act including the amended provisions as a result of Companies (Amendment) Act, 2002 as well as Companies (Amendment) Act, 2006.
SEBI Guidelines as amended till July, 2007. Latest Case Law on Contracts, Negotiable Instruments and Company Law.
About the Author(s): Dr. S.
S. Gulshan is an author of more than a dozen books on Corporate Management and Law and is presently working as a Management Consultant and Executive Trainer.
He has teaching, research and administrative experience of more than 45 years. He has been on the guest faculty of various Institutes including International Management Institute, Institute of Chartered Accountants of India and Indian Law Institute.
Dr. G.
K. Kapoor , an author of various books on Law including Company Law and Practice, Business and Corporate Laws, Economic, Labour and Industrial Laws, has 38 years of teaching experience of Mercantile, Business, Corporate and Other Laws at undergraduate, postgraduate and professional levels.
He has been and continues to be as the guest faculty of the Institute of Chartered Accountants of India, Indian Law Institute, All India Management Association, Indian Institute of Bankers, International Management Institute and Indian Institute of Public Administration. A former Dy.
Director of Studies with ICAI, he is presently Reader in Commerce at Shaheed Bhagat Singh College of University of Delhi. Contents: Law of Contracts Special Contracts The Law of Partnership The Sale of Goods Act, 1930 The Negotiable Instruments Act, 1881 The Companies Act, 1956 Basic Law Relating to Insurance The Consumer Protection Act, 1986 The Payment of Bonus Act, 1965 Payment of Gratuity Act, 1972 Minimum Wages Act, 1948 The Information Technology Act, 2000 Examination Questions and Problems The book presents the subject matter in a lucid and readable style that even a student without any background of law will be able to understand and appreciate the otherwise difficult and complicated provisions of various legislations covered.
A number of simple examples have been included to illustrate and reinforce understanding of the relevant legal provisions. Latest cases of law, Indian as well as International, have been given in a manner so that a business law student ought to learn and present these in the examinations.
This edition includes An updated treatment of the Companies Act including the amended provisions as a result of Companies (Amendment) Act, 2002 as well as Companies (Amendment) Act, 2006. SEBI Guidelines as amended till July, 2007.
Latest Case Law on Contracts, Negotiable Instruments and Company Law. About the Author(s): Dr.
S.S.
Gulshan is an author of more than a dozen books on Corporate Management and Law and is presently working as a Management Consultant and Executive Trainer. He has teaching, research and administrative experience of more than 45 years.
He has been on the guest faculty of various Institutes including International Management Institute, Institute of Chartered Accountants of India and Indian Law Institute. Dr.
G.K.
Kapoor , an author of various books on Law including Company Law and Practice, Business and Corporate Laws, Economic, Labour and Industrial Laws, has 38 years of teaching experience of Mercantile, Business, Corporate and Other Laws at undergraduate, postgraduate and professional levels. He has been and continues to be as the guest faculty of the Institute of Chartered Accountants of India, Indian Law Institute, All India Management Association, Indian Institute of Bankers, International Management Institute and Indian Institute of Public Administration.
A former Dy. Director of Studies with ICAI, he is presently Reader in Commerce at Shaheed Bhagat Singh College of University of Delhi.
Contents: Law of Contracts Special Contracts The Law of Partnership The Sale of Goods Act, 1930 The Negotiable Instruments Act, 1881 The Companies Act, 1956 Basic Law Relating to Insurance The Consumer Protection Act, 1986 The Payment of Bonus Act, 1965 Payment of Gratuity Act, 1972 Minimum Wages Act, 1948 The Information Technology Act, 2000 Examination Questions and Problems Deliverable Countries : This product ships to The book presents the subject matter in a lucid and readable style that even a student without any background of law will be able to understand and appreciate the otherwise difficult and complicated provisions of various legislations covered. A number of simple examples have been included to illustrate and reinforce understanding of the relevant legal provisions.
Latest cases of law, Indian as well as International, have been given in a manner so that a business law student ought to learn and present these in the examinations. This edition includes An updated treatment of the Companies Act including the amended provisions as a result of Companies (Amendment) Act, 2002 as well as Companies (Amendment) Act, 2006.
SEBI Guidelines as amended till July, 2007. Latest Case Law on Contracts, Negotiable Instruments and Company Law.
About the Author(s): Dr. S.
S. Gulshan is an author of more than a dozen books on Corporate Management and Law and is presently working as a Management Consultant and Executive Trainer.
He has teaching, research and administrative experience of more than 45 years. He has been on the guest faculty of various Institutes including International Management Institute, Institute of Chartered Accountants of India and Indian Law Institute.
Dr. G.
K. Kapoor , an author of various books on Law including Company Law and Practice, Business and Corporate Laws, Economic, Labour and Industrial Laws, has 38 years of teaching experience of Mercantile, Business, Corporate and Other Laws at undergraduate, postgraduate and professional levels.
He has been and continues to be as the guest faculty of the Institute of Chartered Accountants of India, Indian Law Institute, All India Management Association, Indian Institute of Bankers, International Management Institute and Indian Institute of Public Administration. A former Dy.
Director of Studies with ICAI, he is presently Reader in Commerce at Shaheed Bhagat Singh College of University of Delhi. Contents: Law of Contracts Special Contracts The Law of Partnership The Sale of Goods Act, 1930 The Negotiable Instruments Act, 1881 The Companies Act, 1956 Basic Law Relating to Insurance The Consumer Protection Act, 1986 The Payment of Bonus Act, 1965 Payment of Gratuity Act, 1972 Minimum Wages Act, 1948 The Information Technology Act, 2000 Examination Questions and Problems Deliverable Countries : This product ships to The book presents the subject matter in a lucid and readable style that even a student without any background of law will be able to understand and appreciate the otherwise difficult and complicated provisions of various legislations covered.
A number of simple examples have been included to illustrate and reinforce understanding of the relevant legal provisions. Latest cases of law, Indian as well as International, have been given in a manner so that a business law student ought to learn and present these in the examinations.
This edition includes An updated treatment of the Companies Act including the amended provisions as a result of Companies (Amendment) Act, 2002 as well as Companies (Amendment) Act, 2006. SEBI Guidelines as amended till July, 2007.
Latest Case Law on Contracts, Negotiable Instruments and Company Law. About the Author(s): Dr.
S.S.
Gulshan is an author of more than a dozen books on Corporate Management and Law and is presently working as a Management Consultant and Executive Trainer. He has teaching, research and administrative experience of more than 45 years.
He has been on the guest faculty of various Institutes including International Management Institute, Institute of Chartered Accountants of India and Indian Law Institute. Dr.
G.K.
Kapoor , an author of various books on Law including Company Law and Practice, Business and Corporate Laws, Economic, Labour and Industrial Laws, has 38 years of teaching experience of Mercantile, Business, Corporate and Other Laws at undergraduate, postgraduate and professional levels. He has been and continues to be as the guest faculty of the Institute of Chartered Accountants of India, Indian Law Institute, All India Management Association, Indian Institute of Bankers, International Management Institute and Indian Institute of Public Administration.
A former Dy. Director of Studies with ICAI, he is presently Reader in Commerce at Shaheed Bhagat Singh College of University of Delhi.
Contents: Law of Contracts Special Contracts The Law of Partnership The Sale of Goods Act, 1930 The Negotiable Instruments Act, 1881 The Companies Act, 1956 Basic Law Relating to Insurance The Consumer Protection Act, 1986 The Payment of Bonus Act, 1965 Payment of Gratuity Act, 1972 Minimum Wages Act, 1948 The Information Technology Act, 2000 Examination Questions and Problems Deliverable Countries : This product ships to
(less)Company Law
The book explains the vast and complicated subject of Company Law in a simple, compact and lucid manner
(less)Company Law And Practice
*Important Circulars, notifications, amendmenrs ans case laws(upto 1st June have been incorporated. *Law stated in this book is as amended upto 1st June 2011 *
(less)Company Law And Practice
*Important Circulars, notifications, amendmenrs ans case laws(upto 1st June have been incorporated. *Law stated in this book is as amended upto 1st June 2011 *
(less)Anna Karenina Notes
Joy Luck Club Notes
Business Law Including Company Law
Latest case law (Indian as well as English) are given. This edition also includes an updated treatment of the Companies Act, including its amended provisions as a result of the Companies (Amendment) Act, 2001 as well as SEBI Guidelines 2000, amended till November 2002
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apkritya vidhi law of torts in hindi (2)
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encyclopaedia of law (2)
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issues in the theory of company law (2)
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the count of monte cristo (2)
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