" The charges are for fomenting and participating in an illegal strike from the 11th August, 1955 and forcibly preventing other labourers from working on the same day. These two Civil Appeals are preferred against the judgment of National Consumer Disputes Redressal Commission (hereinafter referred to as the ˜NCDRC) rendering a finding of medical negligence against the State of Tamil Nadu, its Government Hospital and two Government Doctors and awarding a sum of Rs. In The National Industrial Works And Their Workmen (1) a still more elaborate scheme was framed for.

It was held in that case that where two parties are equally blameless and none of them could be said to have brought about a situation by their act or omission to frustrate the contract, the contract cannot be directed to be specifically enforced. Other functions of panchayats. " On the other hand, reliance was placed on behalf of the workmen on the following passage in the Award of the Tribunal:- " In this case the Company has not framed any specific charge against those 260 workers alleging that they indulged in violence or acts subversive of discipline.

In 1774 family disputes arose and a Tahanama (Ex. 8065 of 2009 is preferred by V. I need not further into this aspect of the 566 matter for all that I wish to point out is that the trial Court had thought that hopoglycemia might be the cause of death. Lagu regarding the diagnosis that death was due to diabetic. " The finding of the Tribunal is that no such individual charge-sheet was delivered to the workmen.

Section 99 which deals with administrative powers of Panchayat reads as follows:- Administrative powers of panchayats. - Subject to the provisions of this Act it shall be the duty of each panchayat to make in the area within its jurisdiction, and so far as the fund at its disposal will allow, reasonable provisions in regard to all or any of the matters specified in Schedule I. It is as follows:- 100. Krishnakumar for enhancement of the amount of compensation.

More than once, during the course of the arguments by the learned Attorney-General, we suggested that he might put in those charge-sheets, if they were in existence, as additional evidence in this Court, so that we might be satisfied that there had been a regular inquiry according to the requirements of natural justice. As facts of both the appeals are same, we are disposing the appeals by this common judgment.

Section 100 provides for other functions of Panchayat. So far we have dealt with the general question as it arose on the contentions of the parties; but in fairness we must add that the learned Solicitor-General conceded that he could not urge that, as a matter of law, the point raised by his client should be answered in his favour. As we, naturally, attached a great deal of importance to this question, we were inclined to give another opportunity to the appellants to remove the lacunas in the evidence bearing upon that question, even at this late stage.

This conclusion of the Tribunal was assailed on behalf of the appellants on the ground that as this point had not been specifically made in the written statement of the workmen, the appellants did not put in those charge-sheets in evidence, and had contented themselves with only producing the record of proceedings before the Inquiring Officer. - (1) A Panchayat may with the previous sanction of the district panchayat, incur expenditure on education or medical relief outside its jurisdiction if its finances permit.

This is another reason for saying that it has not been clearly established in this case that Laxmibai's death was an unnatural death or has been caused by the appellant. 121) was executed, whereby the right of management was vested in the eldest male member of the senior branch of the family, and provision was made for the maintenance of that branch as well as the junior branches. In all cases and particularly in a case of this kind, it is the duty of the prosecution to prove that the death was an unnatural death and exclude by evidence completely, the possibility of death having been caused by some instrumentality other than the appellant.

Where the clause requiring obtaining of sanction was to protect interest of both the parties and when the sanction could not be obtained for reasons beyond the control of the parties, the contract cannot be directed to be specifically enforced. It seems to me that if there was no evidence, that was the fault of the prosecution and not of the appellant. After making the necessary investigation, the learned Attorney-General informed us on the last day of the arguments, that no such documents were in existence.

The High Court, thought that it was not possible in view of the absence of evidence about the time taken for insulin to induce hypoglycemia to hold that death was due to hypoglycemia induced by a massive dose of insulin. It was alleged that the entire bundle of documents, containing those individual charges, had been lost, and that, therefore, there were no means of satisfying this Court by documentary evidence, that there were in fact such individual charge-sheets delivered to the workmen concerned.

The House of Lords in the case of New Zealand Shipping Co. Societe Des Ateliers Et Chantiers De France in similar circumstances, negatived the claim of specific performance. He, however, strenuously urged that in framing gratuity schemes industrial tribunals should make appropriate provision for giving gratuity to retrenched workmen on a basis different from that on which gratuity to other workmen is calculated. Again in 1800, further disputes took place in the family and a Tharav Yadi (Ex.

40 got wages for 26 days with dearness allowance, and those who had completed three years of service or more got 26 days' wages with dearness allowance for each year of service subject to a maximum of 104 days' Wages with dearness allowance. 5402 of 2010 is preferred by the State of Tamil Nadu and another against the judgment of the NCDRC. Anija was clear in her evidence that she never consulted Dr. determining the quantum of compensation. There is no evidence to that effect.