Allahabad Court March 2000 Judgments
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Mohd. Danish Siddiqui Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-03-2000
Reported in: 2000(2)AWC1541; [2000(85)FLR567]; (2000)2UPLBEC1183
G.P. Mathur, J.1. The question Involved in both the appeals is similar and, therefore, they are being disposed of by a common order.2. In Special Appeal No. 1337 of 1999 appellant Mohd. Danish Siddiqui's father was a constable who died on 25.10.1981 while he was still in service. The appellant was aged about 3 years at that time. The appellant's mother gave an application for giving appointment to the appellant under U. P. Recruitment of Dependants of Government Servants Dying-in-Harness Rules, 1974 (hereinafter referred to as the Rules) on 4.11.1997. It was stated in the application that the appellant had passed intermediate and knew Hindi typing and shorthand. It was prayed that the appellant may be appointed in the post of Sub-Inspector of Police. Ministerial (Steno) Instead of the post of constable (Ministerial). The claim of the appellant for being appointed on the post of Sub-Inspector of Police (Ministerial) was referred to the State Government as the application had been made m...
Smt. Ram Pyari Vs. State of U.P. and Another
Court: Allahabad
Decided on: Mar-03-2000
Reported in: 2000(2)AWC1711; (2000)IILLJ1067All
Amarbir Singh Gill and Kamal Kishore, JJ.1. The petitioner, who was working as Child Development Project Officer, Bhagwanpur (Hardwar) has challenged the order dated 26.4.1999 of her dismissal from service. The case of the petitioner in brief is that she was served with charge-sheet dated 11.7.1994, copy of which is Annexure-2. She submitted reply to the same on 21,7.1994. Without holding an enquiry, she was served with a show cause notice dated 28.1.1998 along with a copy of the enquiry report. The petitioner approached the Additional Director through District Programme Officer, Moradabad for supplying her the copies of documents and evidence relied against her to enable her to submit an effective reply. She, however, was never supplied any copies of the documents referred to in the charge-sheet neither any evidence was recorded during the enquiry. She made repeated requests for supply of copies of documents. However, no such document was supplied to her ever. The impugned order of di...
Durgesh Coal and Others Vs. Northern Railway, New Delhi and Others
Court: Allahabad
Decided on: Mar-03-2000
Reported in: 2000(2)AWC1682
M.C. Jain, J.1. The petitioners have prayed for issuance of a writ of mandamus commanding the respondents (Railways) to allow reweighment of the entire coal consignment in question of 41 wagons and not to realise penal freight from them in respect of alleged excess weight of 1,000 M. T. (Metric Ton), demurrage and wharfage. It is also prayed that the respondents be directed to realise from them only the normal freight of the excess weight tobe found on remeasurement/ rewighment of the entire consignment.2. The case of the petitioners is that coal consignment of 41 wagons had been loaded at Joglghopa Railway Station of N.F. Railway and forwarded for being delivered at the destination station-Meerut City Mandi siding of Northern Railway. A sum of Rs. 26.28.562 had been paid as freight charges. The loading had been done upto the marked height and the same had been properly checked by the railway authorities whereafter the wagons had been sealed. The loading was only upto the marked carryi...
Rajmani Singh Vs. District Co-operative Bank Ltd. and ors.
Court: Allahabad
Decided on: Mar-03-2000
Reported in: (2001)IIILLJ1143All; (2000)3UPLBEC1870
ORDERD.K. Seth, J.1. The petitioner in this petition has challenged the order dated March 26, 1998 contained in Annexure 3 to the writ petition purporting to retiring him on March 31, 1998 on attainment of 58 years of age.2. Mr. H.N. Singh, learned Counsel for the petitioner contends that the petitioner was appointed in the District Co-operative Bank Limited Mirzapur, a Central Co-operative Society, registered under the U. P. Co-operative Societies Act, 1965 in the post of Clerk on December 8, 1962. The age of retirement on the date the petitioner was appointed as prevalent in the said Bank was 60 years. Since the petitioner was born on May 10, 1940 he was due to retire on the attainment of age at 60 years in May, 2000. Whereas the respondent bank sought to retire him on attainment of 58 year by virtue of the order dated March 26, 1998 contained in Annexure 3 to the writ petition. The petitioner had further alleged that other employees who were situated like the petitioner were being p...
State of U.P. Vs. Presiding Officer, Labour Court and anr.
Court: Allahabad
Decided on: Mar-03-2000
Reported in: [1997(75)FLR825]; (2000)IIILLJ1364All
Aloke Chakrabarti, J. 1. This writ petition was heard along with Civil Miscellaneous Writ Petition No. 2208 of 1997 State of U. P. v. Presiding Officer, Labour Court, Dehradun and Anr. 2. Heard learned standing counsel appearing for the petitioner and Mr. Gopal Narain, learned counsel appearing for the respondent No. 2 workman. 3. Learned standing counsel for the petitioner contends that the impugned award is bad as provisions of Sub-rule (9) of Rule 12 of the U.P. Industrial Disputes Rules, 1957 could not be applied in the present case as issues were not framed and the Labour Court was not entitled to pass the impugned award applying the aforesaid law without framing issues. Learned standing counsel in support of the contention refers to the written statement filed by the workman. It is contended that when admittedly the order sheet shows that issues were not framed impugned award is liable to be quashed. 4. Learned counsel for the respondent-workman contends that in view of the provi...
i.T.C. Agro-tech Limited Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Mar-03-2000
Reported in: [2000]120STC402(All)
P.K. Jain, J.1. The revisionist is a public limited company engaged in the business of manufacture and sale of refined edible oils manufactured from sunflower and mustard. It has its registered office in Secunderabad (State of Andhra Pradesh) and various depots in different States including the State of Uttar Pradesh, The goods are received in the depots and sold through such depots.2. In the assessment year 1994-95 ex parte assessment order was framed and tax liability was determined at the rate of 10 per cent. The assessment proceedings were reopened under Section 30 of the U.P. Trade Tax Act, 1948 (hereinafter called 'the Act') and books of accounts were accepted, tax liability was imposed at the rate of 2.5 per cent. Similarly assessment for the assessment year 1995-96 was completed and tax liability was imposed at the rate of 2.5 per cent. However, the assessing authority later on felt that rate of tax was wrongly applied to the turnover of the assessee in both the assessment year...
Indian Telephone Industries Ltd. Vs. the Director (D.O.T.) and ors.
Court: Allahabad
Decided on: Mar-03-2000
Reported in: (2000)2UPLBEC1187
G.P. Mathur and A.K. Yog, JJ.1. Smt. Deepali Bhowmick (respondent No. 3 in this appeal-writ petitioner) filed Civil Misc. Writ Petition No. 46366 of 1999 praying that a writ of mandamus be issued commanding the respondents to absorb her services on the post of typist and pay her salary admissible to regular typist of M/S: Indian Telephone Industries Ltd., Naini. It was further prayed that a writ of mandamus be issued commanding the respondents not to terminate her services by virtue of her contract employment and to pay her salary/wages as and when the same is due with all arrears. Along with the writ petition an application for interim relief was moved wherein a prayer was made that an interim mandamus be issued commanding the respondents to permit her to discharge her duties on the post of typist and to pay her salary/wages in the minimum of the grade admissible to a regular typist of M/s. Indian Telephone Industries Ltd.. Naini. The writ petition was filed in office on 1-11-1999 and...
Ram Swaroop Sharma Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-02-2000
Reported in: 2000(2)AWC1536
D.S. Sinha, J.1. Heard Sri S. K. Chaturvedi, the learned counsel appearing for the appellant. Sri Rajendra Rai, the learned counsel appearing for the respondent No. 4and Sri Vinay Malviya, the learned standing counsel of the State of U. P., representing the respondent Nos. 1, 2 and 3, at length and in detail.2. The appellant filed Civil Misc. Writ Petition No. 35414 of 1996. Rom Swarup Sharma v. State of U. P. and others, urging the Court to direct the respondents not to interfere with his functioning on the post of Principal of Uchattar Madhyamik Vidyalaya, Kargawan, district Jhansi. He also prayed in the writ petition that the selection and appointment of Sri Kamlesh Kumar Niranjan, the respondent No. 4, on the post of Principal of the institution be quashed.3. The appellant was functioning on the post of Principal on ad hoc basis pending regular selection. Sri Kamlesh Kumar Niranjan is duly selected candidate for appointment on the post of Principal of the institution which had fall...
Mashooq Ahmad Vs. Manager (Personnal and Industrial Relation) B.P.C. L ...
Court: Allahabad
Decided on: Mar-02-2000
Reported in: 2000(2)AWC1603; [2000(85)FLR579]; (2000)2UPLBEC1474
M. Katju, J. 1. This writ petition has been filed against the impugned transfer order dated 10.10.1994 Annexure-1 to the writ petition.2. Heard learned counsels for the parties.3. The petitioner was appointed as class III employee on 13.10.1983 in the service of the respondent corporation, which is a public sector undertaking and hence an instrumentality of the State within the meaning of Article 12 of the Constitution. On 30.9.1989 the petitioner was promoted as Assistant-cum-typist and since then he has been working at Allahabad on that post as stated in paragraph 2 of the writ petition. By the impugned order dated 10.10.1994 he was transferred from the Allahabad to the Bombay office of the respondent. He made a representation against that order but to no avail. Hence he filed Writ Petition No. 36888 of 1994 which was disposed of by this Court with the direction that the petitioner may make a representation vide Annexure-3 to the writ petition. The petitioner again made another repre...
Brijiendra Singh Yadav Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-02-2000
Reported in: 2000(3)AWC2435
S.H.A. Raza, J. 1. Petitioner. Sri Brijendra Singh Yadav, who was a member of Higher Judicial Service and at the relevant time, was working as IX Addl. District Judge at Meerut, being aggrieved against the order of removal from service passed by the Governor of Uttar Pradesh on 4.2.1997 in pursuance of an enquiry conducted by Justice T.P. Garg (as he then was), who was appointed enquiry officer by the High Court, has invoked the jurisdiction of this Court by filing present writ petition under Article 226 of the Constitution of India. 2. Factual matrix of the case, as set out in the writ petition as well as in the counter-affidavit filed by the opposite parties, in short compass, is that the then Administrative Judge of the Allahabad High Court Mr. Justice R.B. Mehrotra intimated to the Registrar of the High Court that the Administrative Judge received information that inspite of the orders passed by the High Court on 19.5.1992 in First Appeal No. 426 of 1989 arising out of Land Acquisi...
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