[Workmen Compensation Act] Workmen's Compensation Commissioner is the last authority on facts involved in a case. –– Supreme Court In the facts at hand, the point of difference between the Commissioner and that of the first appellate court was the existence of employer-employee relationship. The Court stated that the Commissioner being the last authority on facts and as the scope of an appeal under the Workmen Compensation Act being limited only to substantial questions of law a...

Request for recall of witnesses under Section 311 Cr.PC is justified, if at the relevant point of time of initial deposition, there was no occasion to bring the relevant facts before the Court. –– Supreme Court Satbir Singh v. State of Haryana Hon’ble Justice Ahsanuddin Amanullah & Hon’ble Justice S.V.N. Bhatti Decided on 28th August, 2023 For full textclick here

A daily wage driver, is an employee as per Section 2(a) of the Kerala Payment of Subsistence Allowance Act and is entitled to subsistence allowance during suspension. –– Kerala High Court 1st respondent, who was working as a driver of the Petitioner, a government company, on daily wages was placed under suspension and a claim for subsistence allowance as per the Kerala Payment of Subsistence Allowance Act was allowed by the Conciliation Officer. Writ Petition preferred against the ...

Process of Criminal Court shall not be made a weapon of harassment. Kerala High Court quashes criminal proceedings initiated by the second Respondent as he had already approached the civil court resorting to the civil remedy challenging the Will Deed. The Court observed that subsequent criminal complaint filed by him, suppressing pendency of the civil suit, can be viewed only as a weapon of harassment. Mohandas v. State of Kerala Hon’ble Justice Sophy Thomas Decided on 26th July, 2023 Fo...

An employee cannot choose and be allowed to move back and forth between two services. – Kerala High Court The petitioner who was originally working with Kerala Water Authority sought to be appointed in the Motor Vehicles Department subsequently, which had been acceded to. Later requested that he be repatriated to his parent department which was also acceded to. While working with Kerala Water Authority, he again made representation to allow him to move back to the Motor Vehicles Departmen...