Allahabad Court May 2000 Judgments
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State of U.P. Vs. Labour Court and anr.
Court: Allahabad
Decided on: May-08-2000
Reported in: (2002)IVLLJ754All
R.H. Zaidi, J.1. Heard the learned Standing Counsel and Sri Gopal Narain who appeared for the respondent No. 2.2. By means of this petition filed under Article 226 of the Constitution of India petitioner challenges the validity of the orders dated December 24, 1998 and October 15, 1999.3. It appears that at the instance of respondent No. 2, an industrial dispute was referred by the Government to the Labour Court for decision wherein the question of validity of the termination of the services of the petitioner by the order dated April 24, 1992 was involved. Notices issued by the Tribunal were served upon the petitioner but inspite of that none appeared before the Labour Court on behalf of the petitioner. Consequently the Labour Court proceeded ex parts and after perusing the materials on record held that the order of termination dated April 24, 1992 whereby services of the petitioner as Helper/Beldar were terminated, was held illegal and unreasonable. Hence the present writ petition.4. ...
Atar Singh Vs. Smt. Jasoda and Another
Court: Allahabad
Decided on: May-05-2000
Reported in: 2000(3)AWC1933
D. K. Seth, J.1. Yesterday the matter was taken up and order was passed. After the order was transcribed but before it could be signed, the matter was mentioned today by Mr. D. C. Mathur, learnedcounsel for the revisionist when the record was available in this Court.2. By consent of the parties, the matter was taken up and was treated as on day's list. The matter is reheard today.3. Mr. D. C. Mathur, learned counsel for the applicant-revisionist points out from the Impugned order that the learned trial court has come to a finding that no evidence was adduced on behalf of the wife to sustain the allegation that the revisionist has any income. The learned trial court has also not come to a particular finding that what is the income of the revisionist. On the other hand, the learned trial court has suo motu arrived at a conclusion that sum of Rs. 600 per month as maintenance would be Justified. According to him there is no basis for this finding. Therefore, the order cannot be sustained. ...
Om Prakash Vs. Superintending Engineer, Nalkoop Division, Varanasi and ...
Court: Allahabad
Decided on: May-05-2000
Reported in: 2000(3)AWC1992
V. M. Sahai, J. 1. The petitioner was appointed on 31.3.1991 as chaukidar under the Dying-in-Harness Rules by the Executive Engineer, Laghu Dal Nahar Division, Varanasi. On 18.4.1998 when the petitioner was going to office, he met with an accident near Bus Stand, Varanasi in which he was seriously injured. He was hospitalised. He informed the Executive Engineer/ respondent No. 3 on 18.5.1998 by letter sent under-postal-certificate that he was seriously injured, his spinal cord was affected, and he suffered Injury in his leg, therefore, medical leave be granted to him. He was under medical treatment in Government Auyrvedic Hospital from 18.4.1998 to 8.6.1998. On 16.6.1998, he sent a letter to respondent No. 3 informing respondent No. 3 that he could not get any relief from ayurvedic medicines and he has been referred by Ayurvedic Hospital to Allopathic Hospital for treatment. Therefore, he requested that his absence be condoned. He remained under treatment in Allopathic Hospital from 9....
Jay Krishna Pandey and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-05-2000
Reported in: [2001(89)FLR200]; (2001)IILLJ586All
Bhanwar Singh, J. 1. By virtue of filing Writ Petition No. 5849 (S/S) of 1999, the petitioners have prayed for a writ of certiorari quashing the order dated September 16, 1999 passed by the Secretary of the Labour Department, U.P., Civil Secretariat, Lucknow, whereby decision to carry on with the contract labour system was taken. Further a writ of mandamus commanding the respondents to regularise the services of the petitioners and pay their regular salary was also sought for. Yet one more relief for a writ in the nature of mandamus was also prayed for commanding the respondents to discontinue unfair labour practice and execute the order dated May 5, 1999 passed by the Secretary, Dugdh Vikas and order dated October 23, 1999 passed by the General Manager of the Milk Union. The petitioners have also requested for continuance of their service by means of a mandate to the respondents.2. The matrix of the petitioners' case is that they have been working with the Milk Union for a long period...
Public Services Tribunal Bar Association Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-05-2000
Reported in: (2000)3UPLBEC2553
1. By the Court.-Number of cases were referred to this Larger Bench. Few of them have already been disposed of and rest writ petitions, mentioned above, having similar facts and questions of law to be determined were heard together and are being decided by this common judgment. However, by the reference to the Larger Bench no specific question was referred for determination.2. In Writ Petition No. 4285 (MB) of 1999 filed on behalf of the U.P. Public Services Tribunal Bar Association a direction has been sought to declare the impugned Ordinance No. 17 of 1999 as ultra vires by which Section 4(1) has been substituted in place of Section 4 of the U.P. Public Services Tribunals Act, 1976 (hereinafter referred to as the Act), further Section 5(5-C) has been added to the Act, with the prayer to declare Section 5(5-B) of the Act as ultra vires. It has been further prayed that a writ in the nature of mandamus be issued commanding the opposite parties to modify the Act strictly in accordance wi...
Prem NaraIn Dubey Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-05-2000
Reported in: (2000)3UPLBEC2470
D.K. Seth, J.1. The Board had held an interview on 14th June, 1996 for the purpose of selection of Principal of the concerned school in which the respondent No. 4 Shri Pramod Kumar was selected. The petitioner contends that the said selection was made without calling for interview of the two senior-most teachers in the school who were eligible to be considered for the purpose of appointment. It is contended in the Writ Petition that first senior-most teacher Shri Vidya Sagar Shukla had filed a Writ Petition chalenging the appointment of the respondent No. 4 being Writ Petition No. 20765 of 1994 which was disposed of on 11th July, 1996 alongwith Writ Petition No. 20802 of 1996. In the said order it was undertaken on behalf of the Commission that the post of Principal would not be filled up without considering the case of Mr. Vidya Sagar Shukla and other senior-most teacher as required under the law. Subsequently, another Writ Petition was filed being Writ Petition No. 27676 of 1996 by t...
Bajrang Prasad Srivastava Vs. U.P. Pariyojana Prabandhak and Others
Court: Allahabad
Decided on: May-04-2000
Reported in: 2000(3)AWC1960; (2000)2UPLBEC1321
V.M. Sahai, J.1. The petitioner was appointed as Lab Assistant in 1975 in U. P. State Bridge Corporation, Lucknow (in brief corporation). He was confirmed in 1989. He was elected as Vice-President of the Uttar Pradesh Rajya Setu Nigam Sanyukt Karamchari Sangh. Shakha. Etawah on 2.11.1993. He was posted on 28.12.1933 at Ahnaiya Setu Moonj Rampura, Etawah. On 7.4.1994 he got information that a dacity had takenplace in the night of 6.4.1994 on the workers who were working at Kursaua Tamairi Road where construction work of Sirsa River Bridge was going on. He being Vice-President of the Union, rushed to the place of incident. After some time Deputy Project Manager Shri Hemant Kumar Chauhan/respondent No. 2 (in brief Shri Chauhan) also reached there. The petitioner apprised him of the incident and requested to lodge a report with the police. But Shri Chauhan did not agree. On the contrary, he became annoyed and enquired from the petitioner as to why he had reached there. According to the pet...
Diwan Singh and Another Vs. Sub Divisional Magistrate, Almora and Othe ...
Court: Allahabad
Decided on: May-04-2000
Reported in: 2000(3)AWC1988; (2000)2UPLBEC1478
Binod Kumar Roy and Lakshmi Bihari, JJ. 1. The petitioner No. 1 isresident of village Pangchora, Tehsfl Bagheshwar in the district of Almora. Petitioner No. 2 is a Society, named, Protection of Peya Jal Samiti, Kanda, Bagheshwar. Both of them are aggrieved against the order dated 28.12.1993, passed by the Sub Divisional Magistrate, Bagheshwar (respondent No. 1), In A. M. Jal Prakaran Suit No. 131 of 1992-93 (as contained in Annexure-C.A. '1') and pray not to implement the said order, and to command the Sub Divisional Magistrate. Bagheshwar (respondent No. 1) to resolve the dispute, raised by the petitioners and the affected persons after hearing them. 2. Having heard Shri L. P. Nalthani, learned senior counsel appearing on behalf of the writ petitioners. Shri Rajendra Dhobwal, learned counsel appearing on behalf of respondent No. 5, Gaon Sabha, Jethai, Shri H. R. Mishra, learned standing counsel appearing on behalf of respondent Nos. 1 and 2, and Shri Sabha Jeet Yadav, learned standing...
Bhoorey Tewari Alias Kamlesh Kumar and anr. Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: May-04-2000
Reported in: 2000CriLJ3770
M.C. Jain, J.1. This appeal has been preferred by the accused-appellants Bhoorey Tewari alias Kamlesh and Prem Babu alias Prem Narain Kori against the Judgment and Order dated 3-5-1999 passed by Sri B. K. Srivastava, Special Judge (Dacoity Affected Area), District Orai at Jalaun whereby each of them has been convicted under Section 396, I.P.C. and sentenced to the punishment of death and to pay a fine of Rs. 20,000/-. In default of payment of fine each has to undergo rigorous imprisonment for two years. The learned trial Judge has also made a reference under Section 366, Cr. P.C. for the confirmation of death sentence passed by him against each of the accused-appellants named above.2. An armed dacoity had been committed by 5-7 dacoits in between night of 6th and 7th November, 1994 at about 2 O' clock in the house of Mahesh Gupta situate in village Chhiriya Salempur, Police Station Jalaun, District Jalaun. A first information report was made at 5.30 A.M. on 7th November, 1994 by Ram Swa...
Saraya Distillary Vs. Commissioner of Central Excise (Appeals)
Court: Allahabad
Decided on: May-04-2000
Reported in: 2001(73)ECC67; 2000LC457(Allahabad); 2001(127)ELT326(All)
ORDERP.K. Jain, J.1. This petition has been filed by the petitioner with following prayers :-(1) Issue a writ of certiorari quashing the order dated 30-9-1999 served on 24-10-1999 read with order dated 24-2-1999 passed by the Commissioner (Appeals) of Central Excise, Allahabad.(2) Issue a writ of mandamus directing the Commissioner (Appeals) to decide the appeal No. 109-CE/APPL/ALLD/98 filed by the petitioners without insisting on any pre-deposit within a stipulated period and further to direct the respondents not to initiate recovery proceedings during the pendency of the appeal.(3) Issue any other writ, order or direction which this Hon'ble Court may deems fit and proper under the circumstances of the case.2. Counter and rejoinder affidavits have been exchanged, therefore, the petition is being finally disposed of at the preliminary hearing.3. Petitioner claims that it is engaged in manufacture of country liquor, Indian made and foreign made liquor, rectified ethyl alcohol and denatu...
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