The total weekly sum received by each waiter including the share of the tips exceeded, but the weekly wage paid by the employers was itself less than, the minimum wage prescribed by the Wages Regulations (Unlicensed Place of Refreshment) Order, 1949. 10 of the Order to prove their innocence. 11B of the said Order is valid. No doubt, following Royal Orchid Hotels Limited case and other similar cases, the High Court has not dismissed the writ petitions filed by the appellants on the ground of delay and laches accepting the plea of the appellants that they felt aggrieved on coming to know that the land was sought to be given to the private persons for development.

But the High Court, holding that the appellant's bare statements from the dock unsupported by any other acceptable evidence could not satisfactorily account for the large deposits standing to his credit in his bank accounts raised the presumption under s. The Controller, may also, by a general or special order in writing, require any person or, class of persons enumerated above to pay such amount on account of allowances for contribution to any Equalisation Fund, within such period and in such manner as the Controller may direct in this behalf.

Union of India and Ors. It was contended on behalf of the appellant that the charge relating to specific instances of bribery having failed, the contrary to the presumption under S. The tips were placed in a locked box, and the contents were distributed weekly in shares calculated in accordance with the agreement. When we examine the matter from the aforesaid angle, we reach an irresistible conclusion that the High Court has gone an extra mile in finding the solution to the problem and balancing the equities in a manner which is favourable to the land owners.

" The test in such cases has been said to be whether the contract is determined by something outside itself, in which case the arbitration clause 509 is determined with it, or by something arising out of the contract, in which case the arbitration clause. Rao, learned senior counsel appearing for the Noida authority, as mentioned above. 224 facts of the case, which are stated in the headnote. In view of the decision of this Supreme Court advocates in Harishankar Bagla v.

The order of cancellation of the licences was, therefore, arbitrary and must be quashed. " The Judicial Committee in Hirji Mulji v. remains effective and can be enforced. [12], Anand Singh and Anr. Unless the particulars were given to them and the documents shown to them it was not possible for them to know if any fraud was at all committed and if so by whom. King-Emperor (1) on which reliance was placed by the Bank is wholly inconsistent with the contention raised by it.

[13]] Once we look into the matter from the aforesaid prospective, the argument of the appellants that giving away of the land by allotment to the private developers for construction of residential units gave them the fresh cause of action, gets dented to a great extent. Union of India and Ors. It was impossible, in the facts and circumstances of this case, to hold that the petitioners, who did not admit having committed the fraud and must be assumed to be innocent, were afforded reasonable opportunity of being heard within the meaning of 410 cl.

5(1)(a) and 5(1)(d) of the Prevention of Corruption Act, 1947. 19(1)(f) and (g) of the Constitution. 5(1)(d) of the Act, concerning the conviction and sentence passed on him by the 462 special Magistrate. However, the aforesaid position in law is stated to highlight that it was equally possible to dismiss these writ petitions as the same were filed belatedly after passing of the award and when in most of the cases, possession was taken and compensation paid.

Thus our conclusion is that the Bank has failed to prove that the conduct of the strikers as found by the appellate tribunal amounted to criminal trespass under s. 5(3) Of the Act should have been held as established and in absence of any finding that his statements were false it should have been held that the charge against him had not been proved beyond all reasonable doubt. The proprietors of the restaurant were prosecuted for failing to pay the minimum wage.

Cheong Yue Steamship Company (1) gives another test at p. Since such a discretion is exercised, we would not like to interfere with that discretion, more so, when a very fair stand is taken by Mr. It was held that the sums paid from the pool were riot remuneration, and the earlier decisions relating to the calculation of the earnings of a waiter in connection with the Workmen's Compensation Acts were distinguished.

I do not propose to express my view on any other question raised in this appeal. In this way, discretion is exercised by the High Court in entertaining the writ petitions on merits. 5(3) of the Act and held him guilty of criminal misconduct in the discharge of his official duty under s. [11], Ravi Khullar and Anr. Payments of particular sums by way of bribe were not proved against him. The State of Madhya Pradesh (2) which is binding on us, I agree with my learned brother that cl.

, thus explained the distinction: The waiters employed at an unlicensed restaurant, by an oral agreement amongst themselves and between them and their employers, paid into a pool all the tips received by them during the course of their employment.