Facts of the Case ‘X’ Company lent money to ‘Y’ Company against a mortgage of Y’s assets. However, the procedure prescribed in Y Company’s Articles […]
Archives
13. Industrial Dispute.
Meaning and Concept of Industrial Dispute An Industrial Dispute refers to any dispute or difference between employers and employers, employers and workmen, or workmen and […]
30. Writ of Prohibition
Meaning and Constitutional Basis The writ of prohibition is a preventive constitutional remedy issued by a superior court to restrain an inferior court, tribunal, or […]
29. Ostensible Owner
Meaning and Concept An ostensible owner is a person who appears to be the owner of property and is held out by the true owner […]
Gemini Ltd. has an industrial unit employing 500 workmen but has not got the Standing Orders certified under the Industrial Employment (Standing Orders) Act, 1946. The Management initiated proceedings against one of its workmen for misconduct. The management is of the view that as there are no certified standing orders applicable to the factory establishment, it is under no obligation to follow any procedure except the principles of natural justice. State whether the view held by the management is legally valid.
Facts of the Case Gemini Ltd., an industrial unit employing 500 workmen, has not obtained certification of its Standing Orders under the Industrial Employment (Standing […]
13. Doctrine of Ultra Vires
Meaning and Concept The Doctrine of Ultra Vires is a fundamental principle of Company Law which states that a company cannot undertake activities beyond the […]
29. Henry VIII clause
Henry VIII Clause: Meaning and Origin A Henry VIII clause is a statutory provision that allows the executive to amend or modify a primary law […]
28. Fraudulent Transfer
Meaning and Concept A fraudulent transfer refers to a transfer of property made with the intention to defeat or delay the rights of creditors or […]
28. Welfare State
Concept and Constitutional Basis A Welfare State is a form of government where the State actively works to promote the social, economic, and political well-being […]
Raj is an employee in ‘X’ industry was terminated from service by the employer without giving any notice. ‘Raj’ filed an industrial dispute challenging his termination. Discuss.
Facts of the Case Raj was employed in ‘X’ industry and was terminated abruptly by the employer without serving any prior notice or paying wages […]