Legal Reference Library

In Paradeep Port Trust v. Chunilata Mohanty and Ors., 21-year old educated son of complainant, lost his life by drowning at Boat Club, owned by Appellant, Paradeep Port Trust. Appellant has tried to shift the blame on their lessee, the TIDC, saying that the entire responsibility for running the Boat Club had been entrusted upon OP-2. Vide impugned order, State Commission, after taking into account averments of parties, allowed consumer complaint and directed OPs to pay a sum of 5 lakh as compensation to complainant for gross deficiency in service alongwith 5,000/- as litigation cost. It is against this order that present appeal has been made before this Commission. Since, TIDC was only bidder, as stated by Appellant, they handed over operation of Boat Club alongwith Open Air Restaurant to them for a period of 6 years. It was evident that, while making such arrangements, Appellant should have ensured that, all terms and conditions, and more so, those mentioned in technical bid wer...

In a contractual master-servant relationship, no employee can assert a right to withdraw his resignation, especially after it had been accepted by the competent authority, on any ground, much less the ground of having tendered the resignation in frustration and under depression, the Madras High Court has ruled. A Division Bench of the High Court gave the ruling while dismissing a writ petition filed by a lower court employee who claimed to have resigned from the post of office assistant because he was made to perform domestic chores such as cleaning toilets even on holidays at the residence of a Chief Judicial Magistrate. Writing the judgment, Justice M. Venugopal said: “The term ‘resignation’ means the act of giving up or relinquishing office. A resignation must be unconditional and one with the intent to operate as such... In law, an employee has no locus poenitentiae (right to withdraw) to withdraw an offer of resignation after it was accepted. He also pointed out that the res...