Allahabad Court December 1997 Judgments
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N.T.C. Mills Staff Association Vs. National Textile Corporation (U.P.) ...
Court: Allahabad
Decided on: Dec-02-1997
Reported in: (1999)IIILLJ534All
S.H.A. Kaza and Bhagwan Din, JJ.1. By means of this petition the N.T.C. Mills Staff Association U. P. Kanpur has claimed for grant of leave travel concession to its supervisory and other staff as provided under Rule 10 of the National Textile Corporation (U. P.) Limited T.A. Rules, 1975 and to order to compute the money benefit of leave travel concession from 1975 to 1984 in terms of money and pay the same to the members of the Supervisory staff.2. The main thrust of the petitioner in this petition is that the respondents have been acting in a discriminatory manner inasmuch as they gave the L.T.C, to the Supervisors who are working in the factory as well as in the Head Quarter and to other employees. But the Supervisors and other workers who are working in the Mill are denied that concession.3. The case of the respondents on the other side is that the leave travel concession facility has been given to such employees who are drawing more than 1600/- basic salary including clearness allo...
Lml Ltd. Vs. Addl. Commr. (Adj.) I/C Divn.-ii, C. Ex. and ors.
Court: Allahabad
Decided on: Dec-02-1997
Reported in: 1998(75)LC519(Allahabad)
1. By this petition under Article 226 of the Constitution of India the petitioner challenges a notice dated 3.2.1997 a copy of which is Annexure-13 to the Writ Petition. The said document shows that it is a letter written by the Superintendent, Central Excise, Range-XIII, Division-II, Kanpur to the petitioner requiring it to provide monthwise figures of production of clearance and value of Aluminium Dross from September, 1996 to January, 1997. The petitioner also prays for a direction to decide the proceedings in pursuance of an earlier demand-cum-show cause notice dated 18.10.1996.2. We have heard learned Counsel for the parties.3. The petitioner is a manufacturer of scooters and parts thereof. In the manufacture of these things aluminium dross is produced and the dispute is about the exigibility of the same to the excise duty. Earlier a show cause notice dated 18.10.1996 was issued and the petitioner came to this Court in Writ Petition No. 784 of 1996 which was disposed of by this Co...
Devta Shanker Mishra Vs. Vith Additional Session Judge, Varanasi and O ...
Court: Allahabad
Decided on: Dec-01-1997
Reported in: 1998(1)AWC765; 1998CriLJ4687
G.S.N. Tripathi, J.1. Both the above writ petitions are being finally disposed of by this order. A copy of this order shall be placed in the connected Writ Petition No. 3242 of 1996.2. Criminal Misc. Writ Petition No. 2333 of 1997 has been filed with a prayer that by a writ of certiorari, the order dated 12.12.1995 passed by the Additional Chief Judicial Magistrate, Varanasi and the order dated 4.7.97 passed by the VIth Additional Sessions Judge. Varanasi be quashed.3. Criminal Misc. Writ Petition No, 3242 of 1996 has been filed with a prayer that by a writ of certiorari, the order dated 11.8.96 passed by the Chief Judicial Magistrate. Varanasl (Annexure-10) and the order dated 6.9.96 passed by the revisional court (Annexure-11) be quashed.4. At the instance of higher police authorities, an F.I.R. of the petitioner was registered on 15.4.1994, in which the allegations had been made that the accused had committed offences punishable under Section 307/333/504. I.P.C. against the complain...
Ashok Kumar Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-01-1997
Reported in: 1998(2)AWC960
O. P. Garg, J.1. Heard Sri Umesh Narain Sharma, learned counsel for thepetitioner. By means of this writ petition, the petitioner. Ashok Kumar Singh has sought his repatriation from Intelligence Department to Civil Police with all the benefits which would have accrued to him in Civil Police had he not been sent to Intelligence Department.2. The petitioner was selected, trained and appointed as Sub-Inspector in the Civil Police in district Agra in November, 1982. The petitioner remained posted at police stations, Khairagarh. New Agra and Satya. By order dated 21.7.1985, which is contained in Annexure-8 to the writ petition, the petitioner was transferred from Civil Police to Intelligence Department. It is alleged that the various posts in the Intelligence Department are ex-cadre posts and the petitioner could not have been sent to Intelligence Department on an ex-cadre post without his consent as has been held in Prakash R. Broker v. Union of India, 1984 (1) AISLJ 61 (Bom), in which rel...
J.V.G. Finance Ltd. Vs. Regional Provident Fund Commissioner and ors.
Court: Allahabad
Decided on: Dec-01-1997
Reported in: (1998)3UPLBEC1965
S.R. Singh, J.1. Heard Shri S.N. Srivastava, learned Counsel for the petitioner and Shri Rakesh Tiwari, learned Counsel appearing or opposite parties 1, 2 and 3.2. The writ petition has been filed primarily for issuance of a writ of certiorari quashing order dated 27.5.97 passed by respondent No. 1 and the orders dated 17.9.97 and 6.10.97 passed by opposite party No. 2.3. The order dated 27.5.97 is an order under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. It is stated that the petitioner has already moved an application for setting aside the order dated 27.5.97, a copy of the application dated 19.9.97, has been filed as Annexure 10 is the writ petition. It may be pertinent to observe here that Sub-section (4) of Section 7A of the Act provides a remedy for setting aside ex-parte order and Section 7A of the Act provides for an appeal against the order dated 27.5.97. In that view of the matter, I am not inclined to entertain this writ petition as ag...
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