Allahabad Court November 1961 Judgments
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United Chini Mill Mazdoor Federation and anr. Vs. State of Uttar Prade ...
Court: Allahabad
Decided on: Nov-06-1961
Reported in: (1962)IILLJ719All
V. Bhargava, J.1. By this petition under Article 226 of the Constitution the petitioners, Uttar Pradesh Chini Mill Mazdoor Federation and Hind Mazdoor Sabha, Uttar Pradesh branch have sought the issue of a writ of certiorari quashing a notification dated 9 Jane 1961 ssued by the Government of Uttar Pradesh under Section 3(c) of the Uttar Pradesh Industrial Disputes Act. An additional prayer was made for the issue of a writ in the nature of prohibition to be issued to the other three opposite parties, who were constituted as members of a committee appointed under the notification dated 9 June 1961, prohibiting them from entertaining or deciding any dispute arising out of the implementation of the recommendations of the wage board in pursuance of the notification dated 27 April 1981. When this petition came up for hearing before us it appeared to us that it was necessary for the petitioners to satisfy the Court, as a preliminary point, that a situation had arisen where the petitioners wo...
Divisional Superintendent, N. Rly., Allahabad and ors. Vs. Nand Lal Du ...
Court: Allahabad
Decided on: Nov-06-1961
Reported in: AIR1963All123; [1967(14)FLR275]
ORDERMithan, J.1. These two connected civil revisions filed by the Divisional Superintendent, Northern Railway, and others relate to a matter under the Payment of Wages Act. An application by the opposite party had been filed under Section 15 of the Payment oi Wages Act. The authority passed an order directing the other side, the petitioners, to pay wages of the opposite party at the rate of Rs. 92/-per mensem as salary plus Rs. 50/- as dearness allowance from 14th May 1955 to 4th March 1959. The facts of the case briefly stated are :2. The plaintiff-opposite party was an employee of the Northern Railway and was working as General Assistant (Goods) to the Station Master Bharthana at the time of his suspension. He was suspended from his post on 19th May 1954 and was later of removed from service on 14th May 1935 by an order of the Additional Commercial Superintendent dated 9th of May 1955. The opposite party filed a writ petition in the Punjab High Court and that Court by an order dated...
Laxmi NaraIn Agarwal Vs. Income-tax Officer, Kanpur.
Court: Allahabad
Decided on: Nov-04-1961
Reported in: [1963]47ITR456(All)
This is a writ petition under article 226 of the Constitution.The prayer contained in the petition is that two notices dated September 7, 1959, issued under section 34 of the Income-tax Act in respect of the assessment years 1948-49 and 1949-50 be quashed by issuing a writ of certiorari. There is a further prayer that a writ of prohibition may be issued restraining the Income-tax Officer from proceeding with the reassessment proceedings in consequence of the impugned notices.It appears that an appeal in respect of the assessment for the year 1949-50 went up before the Income-tax Appellate Tribunal, which the Tribunal disposed of by an order dated April 9, 1959. It appears that in this appeal five items were involved, two of Rs. 15,000 each, credited in the books of the petitioner on January 23, 1948, and January 28, 1948, respectively. The Tribunal recorded the finding that, as these two items were sought to be included in the assessment year 1949-50, on the ground that they were the i...
Bhagwan Singh Vs. Deputy Commissioner and anr.
Court: Allahabad
Decided on: Nov-02-1961
Reported in: AIR1962All232
ORDERN.U. Beg, J. 1. This writ petition has been filed by Bhagwan Singh, who was a clerk in the Collectorabe, Sitapur. He was suspected of gross negligence and dereliction of duty in his conduct as a clerk. Departmental proceedings were, therefore, taken against him. Simultaneously with the Departmental proceedings it is stated that a criminal prosecution was also launched under Section 409 of the Indian Penal Code. Learned Counsel for the applicant states that some of the acts which formed the subject-matter of enquiry in the Departmental enquiry are the same in respect of which the petitioner is being charged in the criminal case. The petitioner, therefore, has filed this writ petition for the issue of a writ of mandamus commanding opposite parties Nos. 1 and 2 not to hold the Departmental enquiry against him or to require him to submit an explanation or to give any statement in the Departmental enquiry until the criminal case instituted against him has terminated.2. Having heard lea...
Abdul Latif Vs. Karamat Ali
Court: Allahabad
Decided on: Nov-02-1961
Reported in: (1962)IILLJ335All
Mithan Lal, J.1. This civil revision arises out of an order passed by the Additional District Judge, Agra, in a matter relating to Payment of Wages Act.2. The opposite party was employed as a munim in Chishti Glass Works, Firozabad. According to the terms of the licence Abdul Latif was named as the occupier, but no person was named as the manager. However, Abdul Latif was acting as the managing proprietor and according to the finding of the lower appellate Court he was empowered to employ or dismiss the persons working in the factory. The factory stopped working on or about 8 January 1954, but admittedly Karamat Ali continued to work till 5 May 1954. The factory with the licence of its working was transferred by the proprietors to Sharda Glass Works. Thereafter a dispute arose about the delayed wages and also the leave wages of Karamat Ali. The matter was taken to the authority appointed under Section 15 of the Payment of Wages Act through Mazdoor Dal of Firozabad. The authority allowe...
Lala Kailashpat Singhania Vs. Income-tax Officer, Kanpur.
Court: Allahabad
Decided on: Nov-02-1961
Reported in: [1963]47ITR453(All)
This is a writ petition under article 226 of the Constitution. It arises out of assessment proceedings of a Hindu undivided family for the assessment year 1946-47. On March 12, 1949, the income of the Hindu undivided family was assessed at a figure of Rs. 5,88,100. On March 31, 1949, the assessment order was rectified and the figure of income was reduced to Rs. 5,38,100. There was an appeal by the family against the assessment and by order dated March 20, 1951, the assessment was further reduced to Rs. 4,29,325. Thereafter, the assessment was reopened under section 34 and by order dated January 29, 1952, the income of the family was computed at the figure of Rs. 4,76,309. It appears that, subsequent to this, by reason of the assessment of certain firms, from which the family derived certain share income, its income was still further reduced by a sum of Rs. 55,116. This necessitated the rectification of the order dated January 29, 1952. By order dated November 18, 1955, the Income-tax O...
Ram Swarup Vs. Ram NaraIn Sharma and anr.
Court: Allahabad
Decided on: Nov-01-1961
Reported in: AIR1962All216
ORDERN.U. Beg, J.1. This is a writ petition by one Ram Swarup. The opposite parties in this writ petition are Ram Narain Sharma, station officer Beniganj district Hardoi, opposite party No. 1 and Sri Ravindra Nath Agarwala, Superintendent of Police Hardoi opposite Party No. 2. The allegations of the petitioner in the writ petition are that the peitioner is a resident of Beniganj in the district of Hardoi. He has never been convicted of any offence mentioned in paragraph 226 of the Police Regulations. He is a cloth merchant and has a shop in the town at Beniganj. He also holds agricultrual land op an area of about sixty bighas. He was paying the Town Area Tax for a long time. At one time he was also paying income-tax. He comes of a respectable family of Beniganj.2. The petition then goes on to state that since the year 1947 relations between the petitioner and the local police became strained. The petitioner had lodged a report against one Mohammad Amin, a sub-inspector of police who wa...
Ramesh Metal Works and anr. Vs. State
Court: Allahabad
Decided on: Nov-01-1961
Reported in: AIR1962All227; [1962(4)FLR10]; (1962)ILLJ169All
Dasai, C.J. 1. I agree with my brother Dwivedi that the reference should be rejected. The essential factto notice is that each applicant has been convicted as an employer under Para 76 of a Scheme framed by the Central Government in exercise of the powers conferred upon, them by Section 5 of the Employees' Provident ' Funds Act. It is not in dispute that the acts for which the applicants have been convicted have been done by them and are in breach of the provisions of the Scheme and are made punishable by Para 76 of it read With Schedule II, Item No. 14, and Section 14(2) of the Act. I am emphasising the fact that the applicants have been convicted under the scheme and not under the Act because whether the Scheme was in force on the date on which the acts were done haa not been considered either in the case of Golden Silk Mills v. Central Provident Fund Commissioner or in the case of State v. Jagraj : (1961)ILLJ671All . When the applicants are not convicted under any provision of the A...
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