Allahabad Court January 1999 Judgments
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Sunil Kumar Srivastava Vs. Regional Manager, U.P.S.R.T.C., Varanasi an ...
Court: Allahabad
Decided on: Jan-08-1999
Reported in: 1999(1)AWC628
D.K. Seth, J.1. The petitioner has been punished on account of certain misconduct pursuant to a domestic inquiry. While inflicting punishment the petitioner was placed at the bottom of the scale of Rs. 950-1,090 for five years. Thus, the petitioner has been reduced to the lower stage in a time-scale and at the same time, his increment has been withheld for five years.2. Shri Surendra Kumar Singh, learned counsel for the petitioner contends that in fact two punishments have been inflicted which cannot be done for one offence. He relied on a circular dated 3.7.1993 in support of his contention that there cannot be any reversion to the basic pay.3. Mr. Samir Sharma. learned counsel for respondents on the other hand contends that clause 5 of Regulation 63 of the U. P. State Roadways Corporation Employees (Other than Officers) Service Regulation, 1981 (hereinafter called as the Regulation) provides reduction to a lower stage in a time-scale as major penalty. According to him. the said provi...
HusaIn UddIn Alias Munney Bhai Vs. Xiith Addl. District Judge, Agra an ...
Court: Allahabad
Decided on: Jan-08-1999
Reported in: 1999(1)AWC818
Sudhir Narain, J.1. This writ petition is directed against the order dated 3.12.1998 passed by respondent No. 1 whereby the additional evidence submitted by respondent No. 2 has been admitted in revision.2. The facts, in brief, are that plaintiff-respondent No. 2 is a registered Society and runs an educational Institution known as K. G. Inter College. The disputed portion of the property was let out by respondent No. 2 to the petitioner. Respondent No. 2 filed Suit No. 1163 of 1977 in the Court of Judge Small Causes, Agra against the petitioner for recovery of arrears of rent, ejectment and damages. In the plaint it was alleged that one Kedar Nath Bansal was tenant of the disputed premises. He. without the consent of the plaintiff. Inducted the petitioner as sub-tenant. It was further alleged that the plaintiff, after obtaining permission under Section 3 of U. P. Act No. 3 of 1947 against said Kedar Nath Bansal, filed Suit No. 1055 of 1968 against him and the petitioner.3. Kedar Nath B...
Ashok Kumar Khare Vs. K.C. Kardam, Deputy Registrar, Co-operative Soci ...
Court: Allahabad
Decided on: Jan-08-1999
Reported in: 1999(2)AWC930; [1999(81)FLR815]
D.K. Seth, J.1. The petitioner has challenged the order of suspension and proposal to hold an enquiry on the alleged misconduct of the petitioner as contained in Annexure-1 to the writ petition.2. Mr. R. .N. OJha, learned counsel for the petitioner, contends that the order of suspension was issued by the Deputy Registrar. Cooperative Societies, Chitrakoot Dham region, Banda. According to him. by reason of Regulation 67. the Deputy Registrar is not authorised to suspend or to propose holding of enquiry against the petitioner. He contends that by reason of third proviso to Regulation 67 the appointing authority can suspend only when the person concerned is inpolice custody or convicted, and except such circumstances, the appointing authority had no Jurisdiction to suspend. According to him, it is only the District Administrative Committee which can suspend In such cases.3. Mr. K. N. Misra, learned counsel for the respondents on the other hand contends that the appointing authority is emp...
Kisan Sahkari Chini Mills Ltd., Bulandshahr Vs. Presiding Officer, Lab ...
Court: Allahabad
Decided on: Jan-08-1999
Reported in: 1999(2)AWC1050; [1999(81)FLR826]; (1999)IILLJ213All
R.R.K. Trivedi, J.1. Aforesaid writ petitions have been filed challenging the order dated 18th May, 1994 passed by the Labour Court-II, U. P., Ghaziabad by which five cases, namely, Misc. Case Nos. 108 of 1986. 110 of 1986. 111 of 1986. 112 of 1986 and 113 of 1986 under Section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'Act') were decided in favour of workmen. Civil Misc. Writ Petition No. 5743 of 1995 shall be the leading writ petition in which the arguments have been made by the learned counsel for the parties. I have heard Sri A. K. Misra, learned counsel for the petitioner and Sri Vinod Sinha learned counsel appearing for workmen.2. The facts giving rise to this writ petition are that the workmen Sohan Pal Singh. Sohan Lal, Har Saran Singh, Ant Ram and Kunwar Pal Singh were employed as permanent Seasonal Clerks in KisanSahkari Chini Mills Ltd.. Anupshahr, district Bulandshahr. By order dated 22nd November, 1982 on certain allegations, they were suspend...
Swadeshi Cotton Mills Co. Ltd. Vs. Labour Court (1) and ors.
Court: Allahabad
Decided on: Jan-08-1999
Reported in: [1999(81)FLR653]; (1999)IILLJ240All
Aloke Chakrabarti, J.1. The employer has challenged the impugned award by the Labour Court on a contention that Labour Court is not having the jurisdiction to decide the dispute referred before it as the workmen concerned here were engaged under an agreement by the contractor and not by the Principal employer and such a question can be decided only under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 and not under the Industrial Disputes Act. In support of such contention Mr. Ashok Mohiley, learned counsel for the petitioner referred to the judgments in the case of Vegoils Private Ltd. v. The Workmen (1971-II-LLJ-567)(SC), Management Burntah Shell Oil Storage and Distribution Co. of India Ltd., Madras v. The Industrial Tribunal, Andhra Pradesh and Ors. 1975 Lab. I. C. 165 decided by a Division Bench of Andhra Pradesh, B.H.E.L. Workers Association, Hardwar and Ors. v. Union of India and Ors. (1985-I-LLJ-428)(SC) and Dena Nath and Ors. v. National Fertilisers Ltd....
Dashamani and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jan-08-1999
Reported in: 1999CriLJ2338
ORDERVirendra Saran, J.1. The applicants Dashamani and Khilari alias Dinesh were convicted by the learned 3rd Additional Munsif Magistrate, Gyanpur, district Varanasi under Sections 323 and 325, I.P.C. Under Section 323, I.P.C. they were awarded three months' R.I. and a fine of Rs. 100/- each and under Section 235, I.P.C. they were awarded one year's R.I. and a fine of Rs. 500/- each. The applicants filed Criminal Appeal No. 67 of 1991 in the Court of Sessions at Varanasi. The appeal came up for hearing before Special Judge (E.C. Act)/Additional Sessions Judge, Varanasi and it was discovered that in the memo of appeal there was no mention of the sentence awarded to the applicants under Section 325, I.P.C. Thereupon the applicants made an application 24-Kha dated 26- 2-1994 praying that they may be permitted to include Section 325, I.P.C. in the memo of appeal. The learned Additional Sessions Judge by his impugned order dated 11-11-1998 rejected the application on the ground that there ...
Puneet Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-07-1999
Reported in: 1999(1)AWC739; 1999CriLJ1360
ORDERBrijesh Kumar, A.C.J. and R.R.K. Trivedi, J. 1. This petition is preferred against the order of detention passed by District Magistrate, Etawah under Section 3(2) of the National Security Act. A copy of the order of detention has been filed as Annexure-1 to the writ petition.2. The grounds of detention are contained in Annexure-2 dated February 9, 1998. Only one ground, which is indicated in the grounds of detention, is the incident which is said to have taken place on 11.1.1998 at about 5.45 a.m. near Chhimara Tiraha, police station, Vedpura, district Etawah. The case as indicated, is that the detenu along with others entered into a private bus which was going from Etawah to Mainpuri and resorted to firing as a result of which two persons sitting behind the seat of the driver, namely, Man Singh and Smt. Mahur wife of Chandra Bhan Singh died. A Case Crime No. 2 of 1998 under Section 302, I.P.C. was registered at the police station, Vedpura, district Etawah. The petitioner, it appe...
Smt. Anjula Vs. Joint Director of Education, Saharanpur and Others
Court: Allahabad
Decided on: Jan-07-1999
Reported in: 1999(1)AWC736; (1999)2UPLBEC869
D. K. Seth, J.1. The petitioner alleges to have been appointed on 2.9.1996 in the post of Lecturer. A copy of the said appointment letter is Annexure-2 to the writ petition. It does not disclose as to on which subject or in which post the petitioner was appointed. The approval was obtained by the Committee of Management from the Deputy Director, 1st Region, Meerut through a letter dated 27.12.1995 being Annexure-1 to the writ petition. Approval to the appointment of the petitioner was accorded through the said letter with the condition that the appointment was being made on the basis of financial sanction granted by the Accountant, in the office of the District Inspector of Schools subjectto the condition that in case there is any suppression of fact or irregularity, in that event the approval would be ineffective. By a letter dated 25.10.1996, the Accountant in the office of the District Inspector of Schools was informed by the District Inspector of Schools that the appointment in the...
Prabhakar Misra Vs. Banaras Hindu University and Others
Court: Allahabad
Decided on: Jan-07-1999
Reported in: 1999(2)AWC931
D.K. Seth, J.1. The petitioner was appointed on daily wage basis as a Draughtsman (Civil) with effect from 8th June. 1985 for a limited period of 6 months Initially. Said appointment was extended from time to time till 31st March. 1988. Thereafter, the petitioner was orally asked not to attend his duties. But the petitioner had continued to work till 23rd June. 1988. The petitioner had moved a writ petition being number Nil of 1988 since been disposed of on 5th July. 1988 by directing the Registrar to decide the representation of the petitioner within 2 months. The representation was disposed of by the Registrar on 24th September. 1988 rejecting the petitioner's case on the ground that there was no sanction of the post beyond 31sl March. 1988 and that the petitioner had made unauthorised attendance from 31st March. 1988 to 23rd June. 1988 and there was no policy of absorption of Class III employees working on daily wage basis and that the work having been transferred to C.P.W.D.. the p...
Smt. Priyanka Singh Vs. State of U.P. and Another
Court: Allahabad
Decided on: Jan-06-1999
Reported in: 1999(1)AWC735
D. K. Seth, J.1. The petitioner by means of this writ petition prays for a mandamus directing the respondents to give appointment to the petitioner because the petitioner is eligible and qualified for being appointed as an Assistant Teacher in the Primary School, on account of her acquisition of B.T.C. degree.2. Mr. Ashok Kumar Singh, learned counsel for the petitionercontends that since the petitioner had acquired requisite qualification, therefore, she is eligible for being appointed as Assistant Teacher and had accordingly made an application before the appropriate authority on the basis whereof, she should be appointed Assistant Teacher in any of the Primary Schools.3. Mr. I. S. Singh, learned standing counsel on the other hand contends that for the purpose of appointment, a person has to undergo recruitment process. Simply because a person has acquired the requisite qualification, he cannot claim as of right to be appointed on the post of Assistant Teacher. By reason of such eligi...
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