Allahabad Court December 1998 Judgments
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Reptakos Brett and Co. Vs. Labour Court (Vth), U.P., Kanpur and Anothe ...
Court: Allahabad
Decided on: Dec-07-1998
Reported in: 1998(4)AWC573; [1999(81)FLR222]
J.C. Gupta, J.1.By means of this writ petition, the petitioner, the employer, has prayed for quashing the award dated 6.5.1991 published on 5.10.1991 by the Labour Court (Vth), U. P., Kanpur, respondent No. 1.2. Respondent No. 2 whose services were terminated with effect from 12.9.1988 by the petitioner raised an industrial dispute claiming that his services have been Illegally and arbitrarily terminated by the petitioner company and a reference was made under Section 4K of the U. P. Industrial Disputes Act, 1947 (hereinafter referred to as the Act) to the Labour Court. respondent No. I which was registered as Case No. 229 of 1988. Before the Labour Court, it was contended on behalf of the petitioner that respondent No. 2 was employed for a fixed period from 3.9.1988 to 30.9.1988 and it was clearly stated in the appointment letter that the appointment was purely temporary in nature and services were liable to be terminated at any time without notice and without assigning any reason. Si...
P.N. Srivastava Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-07-1998
Reported in: 1998(4)AWC705; (1999)1UPLBEC672
Amarbir Singh Gill, J.1. By means of this writ petition, the petitioner challenges the order of his reversion dated 18.10.1997 (Annexure- 1A) and consequential posting order dated 20.10.1997 (Annexure-1B) on the reverted post. The case of the petitioner is that he joined the service with the opposite parties as Garden Superintendent in, the year 1963. He was promoted as Executive Officer of Class II Municipal Board with effect from 1.12.1964 and thereafter he was promoted to the post of Sahayak Nagar Adhikari with effect from 1.7.1979. In the year 1989, he was superseded. He filed a writ petition challenging his supersession and on 29.1.1991, this Court directed the opposite parties to decide the representation of the petitioner. However, the opposite parties passed an order stating that since earlier promotion of the petitioner on the post of Sahayak Nagar Adhikari was on ad hoc basis, the petitioner cannot be promoted to the next higher post of Up Nagar Adhikari. The petitioner chall...
Harish Chandra Singh Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Dec-07-1998
Reported in: 1999CriLJ1346
ORDER1. Through this writ petition, the petitioner has challenged the propriety of a sanction under Section 197, Cr.P.C. whereby his prosecution in case Crime No. 35 of 1997 Under Sections 302, 217, 218, 201, 120B, 176 and 177 read with Section 34, IPC has been permitted to be taken up. The sanction order is at Annexure 11 to the writ petition and it was issued under the orders of the Governor of Uttar Pradesh by the Pricipal Secretary of Govt. of U. P. in the Home (Police) Section 3 vide No. 1613 P-VI-P-398 dated Lucknow 2nd November, 1998.2. The sanction order indicates the alleged commission of an offence on the night between the 28th February and 1st March, 1997 for which the FIR in case crime No. 35 of 1997 was registered on the information of one Rulia Singh concerning killing of Kuldeep Singh and others by certain persons in police uniform. The sanction order further indicates that investigation had disclosed that the present petitioner had been the Senior Superintendent of Poli...
U.P. State Sugar Corporation Ltd., Mahrajganj Vs. Ambika Singh and Ano ...
Court: Allahabad
Decided on: Dec-04-1998
Reported in: 1999(1)AWC887
R.R.K. Trivedi, J. 1. In this petition counter-affidavit has been filed by respondent No. 1. Learned counsel for the parties agreed that the writ petition may be decided finally at the admission stage.2. Mahabir Sugar Mills, Diswa Bazar, district Mahrajganj was acquired by the State of U. P. under the provisions of the U. P. Sugar Undertakings (Acquisition) Act, 1971 and after acquisition, its control and management vested in the U. P. State Sugar Corporation (hereinafter referred to as the Corporation) with effect from 28.10.1984.3. Respondent No. 1 Ambika Singh, an employee of petitioner corporation, had joined as engine driver on 6.9.1947. In the particulars of service maintained by the erstwhile Mahabir Sugar Mills, his date of birth was recorded as 22.9.1929. The name of the post and department mentioned were engine driver in season and fitter Mazdoor in off season, engineering department. Respondent No. 1 was served with a notice dated 31.8.1989 intimating that he shall attain th...
Raees Ahmad Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-04-1998
Reported in: 1999(2)AWC1305
M. Katju, J.1. This writ petition has been filed against the impugned order dated 14.10.1998 (Annexure 1 to the petition) and for a mandamus directing the respondents not to interfere with the petitioner's working as the President of the Nagar Panchayat, Jalalabad, district Muzaffarnagar.2. We have heard learned counsel for the parties.3. The facts of the case are that the petitioner was elected President of Nagar Panchayat, Jalalabad. Thereafter a no-confidence motion is alleged to have been carried out against the petitioner on 14.10.1998 which is challenged in this writ petition. It is alleged in paragraph 3 of the petition that the Nagar Panchayat, Jalalabad consists of 21 members of which 15 members were elected members and 2 were ex officio and 3 members were nominated by the State Government. In this connection, true copy of the letter of the Executive Officer, Nagar Panchayat, Jalalabad, district Muzaffamagar to the District Magistrate, Muzaffamagar dated 24.9.1998 is Annexure-...
V.K. Banerjee Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-04-1998
Reported in: (1999)1UPLBEC768
Palok Basu, J.1. A Division Bench consisting of one of us looking to the importance of the question raised, has on 10-11-1994 opined that a Larger Bench be-constituted and this is how under the orders of the Hon'ble the Chief Justice, this Bench is seized with the matter.2. The question formulated in the interim order passed by the Division Bench may have been more relevant on that date but the subsequent decisions of the Hon'ble the Supreme Court on the issues arising do not leave much scope for the petitioner to argue because Hon'ble Supreme Court's decision which has come in the meantime in Ashok Kumar Gupta and Anr. v. State of U.P. and Ors., 1996(72) FLR 349 (SC), practically concludes the matter so far as this Court is concerned.3. The petitioner has prayed for quashing of the Government Order dated 10-10-1994, restraining the respondents from enforcing the U.P. Government Servants (Criterion for Recruitment by Promotion) Rules, 1994 vide notification dated 10-10-1994 and to comm...
Maharia Re-surfacing and Constructions (P.) Ltd. and Another Vs. Great ...
Court: Allahabad
Decided on: Dec-03-1998
Reported in: 1999(1)AWC122
M. Katju, J.1. The petitioner has prayed for a writ of mandamus directing the respondents to abide by the terms and conditions of clause 1 regarding security deposit of the conditions of the contract (G.P.W. Form 9) of respondent No. 1. It has further been prayed that the respondent be restrained from imposing the condition No. 2.b in the letter dated 12.5.1998 issued by the respondent No. 2 on behalf of respondent No. 1.2. The petitioner is a public limited company. The respondent No. 2 issued an advertisement on behalf of respondent No. 1 which was published in the newspaper 'Indian Express' on 24.4.1997 for inviting tenders for a contract whose approximate costs was rupees 5.15 crores. In pursuance of the said advertisement published in Indian Express on 24.4.1997, the petitioner No. 1 also submitted his tender which was accepted, being the lowest. This tender was submitted by the petitioner along with the earnest money as directed in the advertisement. It is alleged in paragraph 10...
Daya Ram Singh Vs. Deputy Director of Consolidation, Allahabad and Oth ...
Court: Allahabad
Decided on: Dec-03-1998
Reported in: 1999(2)AWC1309
Shitla Prasad Srivastava, J. 1. This writ petition under Article 226 of the Constitution of India, has been filed by the petitioner for quashing the order dated 30.4.1986 passed by the Deputy Director of Consolidation. Allahabad.2. The brief facts, for thepurposes of determination of the present petition, as stated in the petition are that in proceeding under Section 20 of the Consolidation of Holding Act, the claim of the petitioner was accepted by the Settlement Officer Consolidation on 18.3,1972. Aggrieved by the judgment of the Settlement Officer Consolidation, the contesting respondent filed revision before the Deputy Director of Consolidation without impleading the petitioner as party to the aforesaid revision. On 9.4.1973 revision was allowed. The petitioner when came to know about this ex parte judgment, he filed restoration application for setting aside the order dated 9.4.1973. The Deputy Director of Consolidation on 31.12.1974 allowed the restoration application and set asid...
New India Assurance Co. Ltd. Vs. Sita Sharma and ors.
Court: Allahabad
Decided on: Dec-03-1998
Reported in: I(1999)ACC185; 1999ACJ912
Palok Basu, J.1. A question of some importance has arisen in this case, i.e., whether an insurance policy covering a motor vehicle would continue to fasten liability under that policy even if the policy-holder has transferred the said vehicle during the term of the policy.2. It is not in dispute that a truck bearing registration No. URU 4605 crushed one Ved Prakash Sharma at about 7 p.m. on 6.1.1990 in village Dhamaura, District Rampur. Ved Prakash Sharma lost his life instantaneously, but the truck driver tried to run away. Some police personnel and also relatives of Ved Prakash Sharma (deceased) chased the truck, stopped it at some distance and arrested the driver whereafter first information report was lodged and the driver was also taken into custody. The said truck was insured with New India Assurance Co. Ltd. After due interval a claim petition was filed by Sita Sharma, widow of the deceased; Javitri, mother of the deceased; Santosh Kumar Sharma and Anil Kumar Sharma, minor and m...
Smt. Amita Arya and Others Vs. Additional District Judge Xith, Allahab ...
Court: Allahabad
Decided on: Dec-02-1998
Reported in: 1999(2)AWC1306
J.C. Gupta, J.1. Heard Sri Ravi Kiran Jain assisted by Sri K.M. Asthana. Advocate for the petitioners and Sri K.M. Dayal for the landlord-respondent No. 3.2. Sri K.M. Dayal stales that he does not propose to file any counter-affidavit.3. With the consent of parties' counsel and in the circumstances of the case, this writ petition is disposed of finally at the admission stage itself.4. This is tenant's writ petition challenging the orders dated 23.1.1998 passed by respondent No. 2 and the order dated 16.11.1998 passed by respondent No. 1 whereby the landlord's suit for eviction of thepetitioners has been decreed. The dispute relates to a portion of House No. 1/9-E Hastings Road, Allahabad which is admittedly under the tenancy of the petitioners and of which respondent No. 3 is the landlord. The landlord filed suit for eviction of the petitioners from the aforesaid premises on the ground that the petitioners have raised illegal and unauthorised constructions in the tenanted premises with...
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