Law Notes Dynamo

Thursday, 25 August 2022

15. Power to make rules.—

(1) The appropriate Government may, after previous publication, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may—

(a) prescribe additional matters to be included in the Schedule, and the procedure to be followed in modifying standing orders certified under this Act in accordance with any such addition;

(b) set out model standing orders for the purposes of this Act;

(c) prescribe the procedure of Certifying Officers and appellate authorities;

(d) prescribe the fee which may be charged for copies of standing orders entered in the register of standing orders;

(e) provide for any other matter which is to be or may be prescribed: Provided that before any rules are made under clause (a) representatives of both employers and workmen shall be consulted by the appropriate Government.

(3) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

State amendment Maharashtra: Gujarat.—In section 15, in sub-section (2),—

(a) in clause (a), after the words “standing orders”, insert the words “or amendments”;

(b) in clause (d), for the words “copies of standing orders entered in the register of standing orders”, substitute “copies of standing orders or model standing orders together with all the amendments filed in the register under section 8”.

Read more about Labour Law

Section 11A in The Industrial Disputes Act, 1947

Section as it is in the bare Act:

11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen.- Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require: Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter.

Read more about Labour Law

Article 226 Power of High Courts to issue certain writs

226. Power of High Courts to issue certain writs

(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose

(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories

(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without

(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and

(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated

(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause ( 2 ) of Article 32

Article 227 Power of superintendence over all courts by the High Court

227. Power of superintendence over all courts by the High Court

(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction

(2) Without prejudice to the generality of the foregoing provisions, the High Court may

(a) call for returns from such courts;

(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and

(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts

(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor

(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces

Monday, 18 July 2022

Administrative law one liner notes - Part 2

Vande Matram!

Government has to administer the State and its people by making various rules and regulations. The working of the government to administer the State is to abide by various administrative laws. Here are some one liners for your notes to prepare any judicial exam.

Part 1

· Both the Union and the states are divided into three great departments, namely,

o (1) the executive,

o (2) the legislature, and

o (3) the judiciary.

· Executive may act in exercise of the executive power of the Union or of a state or it may act under the authority of a specific statute or subordinate legislation.

· The exercise of all administrative powers is subject to the rule of law.

· The legal control may be exercised by three authorities, namely,

o (1) the legislature,

o (2) the higher executive, and

o (3) the judiciary.

· Administrative law concerns itself mainly with the legal control of the government or of administrative authorities by the courts.

· In general the public law deals with the relations between the states on the one hand and the individual or groups of individuals or associations on the other hand. Whenever a question arises as to the relationship in various circumstances between the state and the individual, it falls in the domain of public law; for instance, constitutional law, administrative law, criminal law, law of taxation etc., are all branches of public law.

Administrative law one liner notes - Part 1

Vande Matram!

· The expression "Administrative Law" may mean two different things, namely,

o (a) law relating to administration, and

o (b) law made by the administration.

· There are again two types of law made by the administration:

o Rule making - rules, regulations, orders, schemes, bye-laws, etc made by the administrative authorities on whom power to make such subordinate legislation is conferred by a statute.

o Adjudication - certain administrative authorities have power to decide questions of law and/ or fact affecting particular person or persons generally.

· Most of such powers to decide questions of law and/ or fact affecting particular person or persons generally are exercised quasi-judicially.

· Administration is government or a department of government or an agency of the government.

· Under the Constitution of India the powers of the state are divided between the Union (including the Union Territories) on the one hand and the states on the other hand.

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