Allahabad Court May 1994 Judgments
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U.P. State Electricity Board, Lucknow Vs. M/S. Om Metals and Minerals ...
Court: Allahabad
Decided on: May-20-1994
Reported in: AIR1995All246
ORDERMrs. Shobha Dikshit, J.1. Thoseare two first appeals from order under Section 39 of the Indian Arbitration Act against theorder dated 4-9-1992 passed by SecondAdditional Judge Small Causes Court CivilJudge, Lucknow, in R.S. No. 202 of 1991 andMisc. case No. 79C of 1991 by which learnedJudge has rejected dismissed the objectionspreferred by the appellant U.P. State Electricity Board against the Award dated 26-3-1991 given by the Arbitrators and filed beforethe aforesaid Court on 8-5-1991 as also madethe award rule of the Court. As the matterinvolved in both these appeals is common,these appeals are decided by a commonjudgment. 2. The brief facts of the case are that therespondents/claimants are a private limited company said to be specialising in design, manufacture, supply and erection of all types of gates, hoists and cranes for dams barrage and hydro electric power projects and like requiring advance technology, expertise, quality control and high class workmanship. In response ...
Executive Engineer, Iind Construction Division, U.P. Jal Nigam and ors ...
Court: Allahabad
Decided on: May-20-1994
Reported in: (1996)IIILLJ762All; (1994)3UPLBEC1732
ORDERS.K. Keshote, J.1. As common facts and question of law involve in these two writ petitions and as such the same are being decided by this common order. 2. Briefly stated the facts of the cases are as follows:-- The U.P. Jal Nigam (herein after referred as the Jal Nigam) is a corporate body which undertakes to execute various schemes regarding the water supply and construction of Tube-Well etc. as and where required for the public purposes. To execute the schemes and the construction of Tube-Well the Jal Nigam employs persons on daily wages according to need and nature of work. On completion of the scheme and work the services of daily wages come to end automatically. In connection with Allahabad Water Supply, Reorganisation Scheme, Katra Pumping Plan was undertaken by the Jal Nigam and to execute the said scheme the petitioner No. 1 engaged number of employees on daily wages to carry out temporary work, which according to the nature and terms and conditions of employment was liabl...
U.P. State Sugar Corporation Ltd. Vs. Labour Court and ors.
Court: Allahabad
Decided on: May-20-1994
Reported in: [1995(71)FLR366]; (1995)ILLJ217All
S.K. Keshote, J.1. This writ petition has been filed by the U.P. State Sugar Corporation Ltd. Unit Pipraich. The Corporation manufactures at its said unit sugar by vacuum pan process. The conditions of service of the workmen employed in vacuum pan sugar factories in the State of U.P. are being regulated by the standing orders framed in exercise of the power conferred by Section 3 of the U.P. Industrial Disputes Act, 1947 (hereinafter referred as the Act, 1947). The relevant standing orders were published by notification dated October 3, 1958.2. 80 Workmen in number which includes the respondents No. 2 to 13 worked throughout the season 1974-75 in the factory of the petitioner at Pipraich. Though all of these workmen were performing the job directly connected with the manufacturing process and they reported for duty on December 2, 1975 crushing season 1975- 76 but they were not allowed to resume their duties. When all efforts failed an industrial dispute has been raised by the Union. Th...
Sujana Ram Vs. Authority Under Payment of Wages Act and ors.
Court: Allahabad
Decided on: May-20-1994
Reported in: [1995(70)FLR276]; (1995)IILLJ524All; (1994)3UPLBEC1989
S.K. Keshote, J.1. The petitioner filed this writ petition before this Court against the order of the Authority under the Payment of Wages Act, 1936, Saharanpur (hereinafter referred to as the Authority under the Act, 1936) dated March 7, 1984, under which the application filed by him for the order of the payment of the salary to him for the period from September 2, 1980 to December 28, 1981 has been dismissed on the ground that the same is barred by time. The petitioner has come up with the case that the employer M/s. Krishna Enterprises, Industrial Area, Hardwar, District Saharanpur through its proprietor Smt. Krishna has illegally withheld the salary of the petitioner for the period September 2, 1980 to December 28, 1981. The petitioner had filed an application to the said effect before the Authority under the Act 1936 on April 23, 1982 along with an application for condonation of delay in filing the said application. The petitioner filed number of documents and also got himself exa...
Syed Nizam and Others Vs. First Additional Civil Judge, Faizabad Distr ...
Court: Allahabad
Decided on: May-19-1994
Reported in: AIR1995All255
ORDER1. This writ petition is directed against the order dated 27-11-1993 (Annexure No. 2 to the writ petition) passed by the First 'Additional Civil Judge, Faizabad. The order has been passed on the application (95-C/2) of the petitioner praying that it be clarified as to whether the order dated 3-9-1985 staying the operation of the judgment and decree of the trial Court was still in operation.2. The facts so far as they are relevant for disposal of the writ petition, are that a suit was filed by some of the respondents-opposite parties or their predecessor-in-interest for permanent injunction restraining the peti-tioners and others from interfering with their right to take offerings. The said defendant-opposite parties alleged that they were Khadim's and the aforesaid defendant-Dethioners Were Mujawirs. On an application for temporary injunction, the trial Court granted the same. This order of the trial Court was later confirmed by the District Judge by order dated 12-8-1958. The sui...
The Indian Wood Products Company Limited, Izzatnagar, Bareilly Vs. Kri ...
Court: Allahabad
Decided on: May-17-1994
Reported in: AIR1995All47; (1995)1UPLBEC14
ORDER1. The sole question for consideration in this writ petition is whether the petitioner, a Limited Company, engaged in the business of manufacture of katechu from Khair wood, is liable to pay market fee to the Krishi Uptadan Mandi Samiti (briefly the Samiti') respondent No. 1, on the purchase of Khair wood from the U.P. Forest Corporation, respondent No. 2.2. It is indisputed that Khair wood, which is a raw material for the manufacture of katechu, is purchased by the petitioner from various Depots of the U.P. Forest Corporation, respondent No. 2. After manufacturing katechu from the Khair wood, purchased from the Forest Corporation, the petitioner sells out the finished product, i.e., katechu.3. In paragraph 10 of the writ petition, it is averred that the Samiti does not render any service to the petitioner and, therefore, it cannot levy any market fee. In short, the contention is that fee can be realised only when there is quid pro quo and that when no services are rendered by the...
Allahabad District Co-operative Bank Ltd. Vs. Lalji Srivastava
Court: Allahabad
Decided on: May-17-1994
Reported in: (1995)IILLJ859All; (1994)3UPLBEC1701
R.A. Sharma, J.1. Respondent, Sri Lalji Srivastava, was appointed on May 18, 1960 as a clerk in Allahabad District Co-operative Bank Ltd. Allahabad (hereinafter referred to as the Bank), which is a co-operative society within the meaning of UP. Cooperative Societies Act (hereinafter referred to as the Act). By a notice dated November 12, 1992 issued by the General Manager of the Bank, the said respondent has been retired from service on completion of 58 years of age. He challenged the above notice by means of a writ petition before this Court, which has been allowed on September 28, 1993 and the notice of retirement has been quashed by the learned Single Judge on the ground that in view of the settlement dated February 22, 1966 respondent can only be retired at the age 60 years. Against the above judgment the Bank has filed this special appeal.2. We have heard learned counsel for the parties.3. Respondent was appointed on May 18, 1960 as a clerk in the Bank. On February 22, 1966 a sett...
M/S. Umesh Industries and Another Vs. Ix Additional District Judge, Gh ...
Court: Allahabad
Decided on: May-16-1994
Reported in: AIR1995All61
ORDER1. By means of the petition under Art. 226 of the Constitution the petitioner-defendant in a suit for ejectment and arrears of rent, has prayed for writ of certiorari quashing an order dt. 1-11-1993 of the respondent No. 2, J.S.C.C., Ghaziabad, whereby he struck off the defence of the petitioner under Order 15, Rule 5, C.P.C. and order dt. 4-4-1994 of the respondent No. 1, IX Additional District Judge, Ghaziabad confirming the same in revision.2. Learned counsel for the petitioner and the learned counsel for the caveator-respon-dent, the plaintiff, in-the suit, have been heard and the material placed on record perused.3. In the suit filed against the petitioner besides ejectment was claimed a sum of Rs. 4801.40 as arrears of rent upto 28-6-1990 and damages @ Rs. 2000/- per month for the period 29-6-1990 onwards. The rate of rent was alleged to be Rs. 665/- per month upto 31-3-1990 and Rs.730/- per month from 1-4-1990 till the date of termination of tenancy.4. The defendant denied ...
Lallan Roi Vs. Presiding Officer, Labour Court and anr.
Court: Allahabad
Decided on: May-13-1994
Reported in: (1995)ILLJ361All; (1994)3UPLBEC1461
P.K. Mukherjee, J. 1. This writ petition was moved on behalf of Lallan Roi, an employee of U.P. State Co-operative Land Development Bank Limited, Luck-now, being respondent No. 2, who has challenged the order of termination of his service with effect from 1st July, 1979.2. An industrial dispute having been raised by the appropriate Government, the matter was referred to the Presiding Officer, Labour Court, Gorakhpur, being respondent No. 1, who after taking necessary evidence, passed an award on 28th May, 1984, holding, inter alia, that the termination of services of the petitioner by the employer w.e.f. July 1, 1979 was illegal as it violates the provisions of Section 6-N of the U.P. Industrial Disputes Act, 1947.3. For decision in the case, Section 6-N of the U.P. Industrial Disputes Act, 1947, (hereinafter referred to as 'the Act') is relevant, which is being quoted below:'6-N. Conditions precedent to retrenchment of workmen - No workman employed in any industry who has been in cont...
Jokhu Lal Vs. Superintendent, Central Jail and ors.
Court: Allahabad
Decided on: May-13-1994
Reported in: 1994CriLJ3466
1. This Habeas Corpus Petition has been filed by the Jokhu Lal who is under detention in pursuance of an order dated 14-9-1993 passed under Section 3(2) of National Security Act (hereinafter referred to as the Act) with a view to prevent him from acting in any manner prejudicial to the maintenance of supplies and service essential to the community. The order was served upon the petitioner in jail on the same day. The grounds on which the detention order has been passed were also served on 29-7-1993 and they are as under.2. The Station Officer of Police Station Mutthiganj intercepted Truck No. UMG 8399 at about 6.30 p.m. on 23-8-1993 at Balua Ghat crossing in which the petitioner along with some other persons was sitting. The Truck was carrying fourteen bags of different sizes. The bags contained electric-wires of aluminium and copper as well as aluminium windows of railway coaches. The recovered articles showed that the same were government property which were not available in market. ...
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