Allahabad Court May 1999 Judgments
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L.H. Sugar Factories Ltd. Pilibhit Vs. Bisheshwr Dayal and Others
Court: Allahabad
Decided on: May-06-1999
Reported in: 1999(3)AWC2339
ORDERS.K. Jain, J. 1. This writ petition has been filed challenging the order dated 31.12.1988 passed by the Dy. Labour Commissioner. Bareilly, by which the respondent No. 2 had directed the petitioner to correct the date of birth of respondent No. 1 as 1.7.1929 instead of 25.12,1924.2. The respondent No. 1 was employed by the petitioner as a labourer in the petitioner's Sugar Mills in the crushing seasons 1942-43 and his date of birth was noted as 25.12.1924 in the service record. He attained the age of 60 years on 25.12.1984 and he was served with anotice dated 23.2.1985 informing him that he will be retired from service of the factory on 26.3.1985. This notice (Annexure-I) was served on the respondent No. 1 on 25.2.1985. Challenging the validity of the said notice dated 23.2.1985 (Annexure-1), respondent No. 1 made a representation (Annexure-II) under Clause LL (4) before the U. P. Labour Commissioner, Kanpur Nagar on 18.3.1.985 alleging inter alia that he has not attained the age o...
Manohar Vs. Executive Engineer and Another
Court: Allahabad
Decided on: May-06-1999
Reported in: 1999(3)AWC2457a
D.K. Seth, J.1. The father of the petitioner died in harness on 19th August, 1996. The petitioner applied for employment on compassionate ground on 9th October, 1996 under the Dying-in-Harness Rules, 1974. It is alleged that the petitioner is the eldest son of his mother and has two brothers. Since the appointment was not given, the petitioner moved a writ petition being Writ Petition No. 21275 of 1998, which was disposed of on 7th July. 1998, by directing the respondents to consider the petitioner's representation in accordance with law. The said representation, was accordingly decided by an order dated 22nd March. 1986, which is Annexure-4 to the writ petition. This order has since been challenged by the petitioner onthe ground that instead of giving appointment to the petitioner, the appointment has been proposed to be given to his younger brother Ramesh Kumar. According to him, Rule 5 of the Dying-in-Harness Rules provides that such employment would be available only to the person ...
Jagveer Singh Vs. Chairman, Co-operative Textile Mills Ltd., Bulandsha ...
Court: Allahabad
Decided on: May-06-1999
Reported in: 1999(3)AWC2349; (1999)2UPLBEC1251
N.K. Mitra, C.J. and S.R. Singh, J. 1. Present special appeal has Its genesis in the writ petition which was instituted by the appellant for the relief of quashing the order dated 12.2.1999 whereby the appellant was suspended from service in contemplation of the disciplinary proceeding. The counsel for the respondents raised a preliminary objection before the learned single Judge that the writ petition was not maintainable firstly, on the ground that the Co-operative Textile Mills, Sahkari Nagar, Bulandshahr being a Co-operative Society was neither 'State' nor 'Instrumentality of State' within the gamut of Article 12 of the Constitution and hence it was not amenable to writ jurisdiction of this Court and secondly, on the premises that the respondent-Co-operative Society was not discharging any statutory duty while passing the impugned order of suspension. The preliminary objection raised on behalf of the respondents received countenance of the learned single Judge and accordingly, the ...
Suresh Pal Singh Vs. District Assistant Registrar, Co-operative Societ ...
Court: Allahabad
Decided on: May-06-1999
Reported in: (1999)2UPLBEC1482
D.K. Seth, J.1. After having been suspended pursuant to the inquiry held, the petitioner was not found guilty of the alleged charges. Therefore, a resolution was taken by the society to reinstate the petitioner on 27th January, 1999 contained in Annexure 3 to the writ petition. But despite 'such resolution, the petitioner has neither been allowed to resume his duties nor has been paid his different of salary for the period during which he was kept under suspension. In these circumstances, the petitioner has made a representation to the District Assistant Registrar but the District Assistant Registrar has not yet decided the petitioner's representation. Mr., Vinod Sinha, learned Counsel for the petitioner submits that the District Assistant Registrar may be directed to consider and decide the petitioner's representation so that the resolution may be implemented by the respondent Society.2. Mr. K.N. Misra, learned Counsel for the respondents on the other hand takes a preliminary objectio...
Chairman, Admission Committee, Combined Entrance Examination, 1998, M. ...
Court: Allahabad
Decided on: May-05-1999
Reported in: 1999(3)AWC1919; (1999)3UPLBEC1992
N.K. Mitra, C.J. and S.R. Singh,J.1. Challenge in the instant Special Appeal is directed against the judgment and order dated 23.12.1998 of the learned single Judge passed in Civil Misc. Writ Petition No. 30230 of 1908, Shailesh Kumar v. Chairman, Admission Committee, Combined Entrance Examination (C.E.E.). 1998 Moti Lal Nehru Regional Engineering College, Allahabad and another, by means of which the petition was disposed of attended with a direction to the appellant herein to allow the petitioner to take admission to first year of the four year course of B.E./B. Tech, etc., in Moti Lal Nehru Regional Engineering College (in short the M.L.N.E. College, Allahabad), Allahabad within a week.2. A brief resume of the necessary facts is that the respondent Shailesh Kumar, having passed High School and Intermediate Examinations in the first division, appeared consequent upon being allotted Roll No. 130525 in the Combined Entrance Examination (C.E.E.), 1988. The examination as sponsored by the...
State of U.P. and Others Vs. Ramadhar Ram and Others
Court: Allahabad
Decided on: May-05-1999
Reported in: 1999(3)AWC1962; [1999(82)FLR881]
N.K. Mitra, C.J. and S.R. Singh,J.1. Cynosure of attention in the instant appeal is the judgment and order dated 11.2.1998 whereby the learned single Judge has allowed the writ petition and quashed the order dated 16.10.1984 passed by the Inspector General of Registration. U.P., which contained the direction to the District Registrar, Azamgarh to rescind the selection of the petitioners-respondents and the consequential order dated 14.12.1984 passed by the District Registrar, Azamgarh thereby terminating the services of the petitioners-respondents.2. The facts of the case draped in brevity and beyond the pale of controversy are that the petitioners were selected for appointment pursuant to the written test held on 3.12.1981 followed by interview held on 13.12.1981. Appointment orders were duly issued in favour of the petitioner-respondents on varied dates as delineated in the judgment under challenge. The Inspector General of Registration. U. P., by his order dated 16.10.1984 directed ...
Indian Olympic Association and Others Vs. District Judge, Varanasi and ...
Court: Allahabad
Decided on: May-05-1999
Reported in: 1999(3)AWC1951
O. P. Garg, J.1. By means of this writ petition under Article 226 of the Constitution of India, the order dated 27.1.1999, Annexure-14, and the order dated 24.3.1999. Annexure-15 respectively passed by the Civil Judge(Senior Division), Varanasi respondent No. 2 and the District Judge, Varanasi respondent No. 1 have been challenged. It is prayed that both these orders be quashed and the respondents be directed not to interfere with the functioning of the duly elected body of U. P. Olympic Association (for short 'U.P.O.A.') and its General Secretary, Sri Anandeshwar Pandey. who are petitioner Nos. 2 and 3 respectively.2. Sri R. N. Singh, learned Senior Advocate appeared on behalf of the respondent No. 3. He stated that he would not file any counter affidavit and on the basis of material available with the writ petition, it may be finally decided on merits. With the consent of learned counsel for the parties, I proceed to decide this writ petition finally at the stage of admission accordi...
Mukesh Kumar Sharma Vs. Senior Divisional Manager, L.i.C. of India, Ag ...
Court: Allahabad
Decided on: May-05-1999
Reported in: 1999(3)AWC2167; (1999)2UPLBEC1128
D.K. Seth, J.1. The petitioner is claiming appointment under the Dying-in-Harness Rules as provided in the Life Insurance Corporation Recruitment (of Class III and Class IV Staff) Instruction, 1979 on the ground that his two brothers who are gainfully employed are not supporting the petitioner. It is alleged that the said two sons of the deceased were married before the death of the deceased and were living separately and were ceased to be members of the family. In such circumstances. Mr. Kamlesh Mishra holding brief of Mr. S. C. Verma submits that the writ petition should be allowed.2. Mr. Manish Goel learned counsel for the respondents, on the other contends that the said Recruitment Instruction in paragraph 22 clause (ii) provides that such relaxation shall be admissible only in favour of the widow, son or unmarried daughter of an employee while In service. While clause (iii) provides that it would be admissible only when none of the members of the family, namely, widow or unmarried...
Smt. Shanta Sharma Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-05-1999
Reported in: 1999(3)AWC2092; (1999)2UPLBEC1124
V.M. Sahai, J. 1. The main question that arises for consideration in this petition filed by Principal, of Jatiya Bal Vihar Junior High School. Khurja, Bulandshahr. is whether a resignation could be accepted by the authority before the due date mentioned in the notice.2. The petitioner was appointed as Principal in the institution on 1.11.1975. It appears the relation between the petitioner and the committee of management were not good in 1992. She resigned on9.3.1992 prospectively. In the notice given by her, it was mentioned that she was resigning due to personal reasons. The letter mentioned that she may be relieved of the duty after three months by accepting her resignation. But the committee of management was in great hurry. It accepted the resignation on the same day. On 15.3.1992, the petitioner lodged a first information report that her resignation has been obtained under duress on 9.3.1992 at 9.30 a.m. by the Manager of the college, her husband and certain other members of the ...
Y.M. Pathak Vs. Vice Chairman, Varanasi Development Authority and Othe ...
Court: Allahabad
Decided on: May-05-1999
Reported in: 1999(3)AWC2190; (1999)2UPLBEC1583
D.S. Sinha, J.1. Heard Sri J. P. Rai holding brief of Sri U. N. Sharma the learned counsel of the petitioner. Sri A. K. Dwivedi learned counsel representing the respondent Nos. 1 and 2 and Sri Naresh Chandra Tripathi, learned counsel appearing for the respondent No. 3, at length and in detail.2. By means of this petition under Article 226 of the Constitution of India, the petitioner urges this Court to issue a writ, order or direction in the nature of mandamus directing the respondents to allot and sell the accommodation No. M-4, Gulab Bagh Housing Scheme, Varanasi which was initially allotted to him on rent as tenant in accordance with the resolution dated 15th November. 1993 passed by the Varanasi Development Authority, Varanasi.3. At the outset, it will be apposite to notice that the alleged resolution dated 15th November, 1993 has not been produced before the Court.4. To the writ petition a copy of resolution dated 15th November,1988 alleged to have been passed by Varanasi Developm...
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