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PoSH: Calcutta HC Judgement - Transfer is the incidence of employment, but should the aggrieved person

    XXX vs. The State of West Bengal & Or’s. CALCUTTA HIGH COURT Key Issues:   1.     Whether a complainant can be transferred to another place during pendency of her complainant under the PoSH Act! 2.     Whether an employee has a vested right to continue to work at any one place! 3.     Whether a request for posting nearby place of residence or work place be considered ! Ruling: 1)     In complaint of sexual harassment, the authority concerned may transfer the complainant to any other different place to remove her from unhealthy environment since transfer for administrative reasons is an incidence of service and no employee has any vested right to continue to work at any one place. 2)     For making complainant of sexual harassment, the complainant has to approach authority/Internal Complaints Committee/Disciplinary Authority etc. 3)     For dealing with the complainant of sexual harassment, the authority concerned has to constitute an Internal Complai

MCS MAHARASHTRA COOPERATIVE HOUSING SOCIETY MODEL BYE LAWS 1 TO 100

MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY (Tenant Co‐Partnership Housing Society ) 2014 1 I.PRELIMINARY 3 a. The Name of the Society bye Law no 1. a 3 c. The Society is classification bye Law no 1. c 3 a. The registered address of the Society bye Law no 2. a 3 II. INTERPRETATIONS BY E LAW NO 3 3 III. AREA OF OPERATION BYE LAW NO 4 6 IV. OBJECTS 7 5. The objects of the Society bye Law no 5 7 V. AFFILIATION BYE LAW NO 6 7 VI. FUNDS, THEIR UTILISATION AND INVESTMENT 7 ( A ) Raising of Funds bye law no 7 7 (B)Share Capital bye law no 8 8 (C) Limit of Liabilities bye law no 11 8 (D) Constitution of the Reserve Fund bye Law no 12 8 (E) Creation of Other Funds bye law no 13 a. b. c. d. 9 b. Major Repairs Funds bye law no 13 b. 9 (F) Utilisation of the Funds by the Society bye law no 14 9 a. Reserve Fund bye law no 14 a 9 b. Repairs and Maintenance Fund bye law no 14 b 9 c. Sinking Fund bye law no 14 c 9 (G) Investment of Funds

Mere Abusive Language not a serious misconduct to inflict capital punishment - Madras High Court in Worker vs Hindustan Unilever Limited

Important Points: Alleged Misconduct: The Worker barged into the shop floor, where the Production Manager and H.R.Executives were holding a meeting with the operators of Hassia Machine;  b) he disrupted the meeting and started abusive language against the Executives and the Manager and scolded the Executive by name Sundaram in a filthy language and c) he also intimidated him by holding him by his shift collar, thereby created an unpleasant atmosphere Long ago, there was prior incident of misconduct. HC's View and reference to series of judgements: - Use of abusive language by itself cannot constitute a serious misconduct fit for capital punishment - The context and the provocations to be borne in mind while determining the punishment - The Class of the work-men and the abuse to be considered from the level where he came from    and also the time lapse which can unwound the harm if any caused - Consider the age of workmen, duration of the dispute  and the feasibility of he getting e