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Allahabad Court October 2002 Judgments

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Oct 25 2002

Rama Kant Upmanyu Vs. State Bank of India

Court: DRAT Allahabad

Decided on: Oct-25-2002

Reported in: II(2003)BC122

1. The appellant has filed this appeal under Section 20 of the Act.Registrar reported that appeal is defective as compliance of Rule 9 read with Section 21 of the Act has not been made. Learned Counsel for the appellant objected against this report and submitted that main relief of the appellant is to set aside the order dated 20.3.2002 by which the application under Order IX Rule 13 of C.P.C. was rejected by the Presiding Officer of D.R.T. He further submitted that if the application for recall is allowed then the ex parte order dated 25.4.2000 will automatically be set aside. Therefore, appeal is virtually against the order dated 20.3.2000. On 6.6.20021 held that compliance of Rule 9 read with Section 21 of the Act has not to be made under the facts and circumstances of the case. On 10th July, 2002 appeal was admitted after hearing the learned Counsel for the Bank also as delay was already condoned on 12.6.2002.2. On 13th August, 2002 learned Counsel for the appellant prayed for sta...


Oct 25 2002

Dr. Jai NaraIn Rathore Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Oct-25-2002

Reported in: 2003(1)AWC63

G.P. Mathur, J.1. The challenge herein is an order dated 29.6.2002 passed by the State Government by which the petitioner who was posted as Chief Veterinary Officer has been transferred as Chief Technical Officer (Poultry), Kanpur.2. Sri Ashok Khare, learned senior advocate has submitted that the State Government had issued a Government order on 4.5.1988 laying down the procedure for posting of members of U. P. Pashu Chikitsa Seva Class II. According to this Government order, the senior-most officer will be posted as Zila Pashu Dhan Adhikari while comparatively junior officer will be posted as Pariyojana Adhikari, Kukkut Kshetra Prabandhak. By a subsequent Government order dated 29.4.1991. the designations of various posts have been changed and Zila Pashu Dhan Adhikari has become Chief Veterinary Officer and Kukkut Vikas Adhikari has become Chief Technical Officer (Poultry). Thus, according to the learned counsel, the senior-most person has to be posted as Chief Veterinary Officer and ...


Oct 25 2002

Dr. Prakash Chandra Srivastava Vs. Director of Higher Education and an ...

Court: Allahabad

Decided on: Oct-25-2002

Reported in: 2003(1)AWC142

G.P. Mathur, J.1. This writ petition under Article 226 of the Constitution has been filed praying that a writ of mandamus be issued commanding the Director of Higher Education, U. P. to pass a placement order for appointing the petitioner as Principal of Lala Laxmi Narain Degree College, Sirsa, Allahabad.2. There is a degree college known as Lala Laxmi Narain Degree College at Sirsa in the district of Allahabad. The regular Principal of the college retired from service in February, 1994, after attaining the age of superannuation and the petitioner was appointed as officiating Principal on 8.3.1994. The management of the college intimated the vacancy to the Director of Higher Education, U. P., in accordance with Section 12(2) of the U. P. Higher Education Services Commission Act, 1980 (hereinafter referred to as the Act). The Director then notified the vacancy to U. P. Higher Education Services Commission (hereinafter referred to as the Commission) in accordance with Section 12 (3) of t...


Oct 25 2002

Col. Ranjit Prasad Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Oct-25-2002

Reported in: 2003(1)AWC190

Rakesh Tiwari, J. 1. Heard learned counsel for the petitioner and the learned counsel for the respondents.2. The writ-petitioner has moved this writ-application for a direction to the respondents in the nature of mandamus commanding them to grant freehold rights in respect of a portion of Nazul Plot No. 108 bearing Municipal No. 54. Civil Lines, Bareilly.3. According to the petitioner, the property in question is a part of Nazul Plot No. 108, village Makarandpur Sarkar, Bareilly and was purchased by his predecessor late Het Ram from Madho Rao Peshwar vide registered sale deed dated 13.4.1980. The aforesaid sale deed was registered in book No. 1 Vol 50 pages 132 to 396 on 30.4.1980.4. It is averred that there was a family partition among the sons of Pt. Het Ram and the property bearing Municipal No. 54, Civil Lines, Bareilly, came into the share of Pt. Madho Prasad, the grandfather of the petitioner. The pedigree of Pt. Madho Prasad is given below : Madho Prasad ________________________...


Oct 25 2002

Smt. Angoori Devi and ors. Vs. N.O.i.D.A. and anr.

Court: Allahabad

Decided on: Oct-25-2002

Reported in: 2003(1)AWC200

Anjani Kumar, J. 1. Heard Dr. Madhu Tandon, learned counsel appearing for the petitioner, Sri U. S. Awasthi and Sri Dhananjay Awasthi, learned counsel appearing for the respondents. 2. The petitioners, by means of the present writ petition under Article 226 of the Constitution of India, have prayed for the following reliefs : (a) To issue an order, direction or writ in the nature of mandamus directing the respondents not to demolish the construction of the petitioners without taking course under Section 27 of the Act and without giving any opportunity of being heard. (b) Any other suitable order, direction or writ in the circumstances of the case which this Hon'ble Court may deem fit and proper. (c) An award for cost. 3. The aforesaid reliefs are asked for on the ground that provisions of Section 27 of the U. P. Urban Planning and Development Act, 1973, have not been complied with inasmuch as the petitioners have not been afforded any opportunity before the alleged removal of the con...


Oct 25 2002

Vinod Kumar Vs. District Inspector of Schools and ors.

Court: Allahabad

Decided on: Oct-25-2002

Reported in: 2003(1)AWC289; (2003)1UPLBEC100

Rakesh Tiwari, J.1. Heard learned counsel for the parties and perused the record.2. The vacancies of Assistant Teachers in L. T. grade fell vacant on account of retirement of two teachers of the same grade in Adarsh Uchchattar Madhyamik Vidyalaya, Daula, district Meerut (hereinafter referred to as the college). The college is an Intermediate College and has been recognised by the U. P. Board of High School and Intermediate Education and ts on the Grants-in-Aid of the State Government.3. On occurrence of the vacancies in the college, they were notified to the Service Commission on 15.4.1991. As no appointment was recommended by the Commission, the Managing Committee of the college proceeded to make appointment under Section 18 of the U. P. Secondary Education Service Selection Boards Act, 1982, by advertising the vacancies in the newspaper 'Dainik Prabhat', dated 25.6.1991.4. In pursuance of the aforesaid advertisement for the two posts of teachers in Mathematics and Drawing subjects, t...


Oct 25 2002

Basant Lal Nimesh Vs. U.P. State Roadways Transport Corporation and or ...

Court: Allahabad

Decided on: Oct-25-2002

Reported in: 2003(3)AWC1929; (2003)1UPLBEC154

Rakesh Tiwari, J.1. Heard the learned counsel for the parties.2. By means of the present writ petition, the petitioner has challenged the orders dated 8.9.1989 and 22.6.1989, passed by respondent Nos. 1 and 2, Annexures-7 and 5 to the writ petition respectively.3. The petitioner was appointed as a Conductor on daily wages basis by the Regional Manager, Uttar Pradesh State Roadways Transport Corporation, Agra, by an order dated 23.11.1987 on compassionate ground as his father Ram Dayal Nimesh had died during the course of his employment.4. The petitioner was charge-sheeted on 24.9.1988 by the Regional Manager of the Corporation at Agra as checking squad, namely, Sri Bharat Singh, Sri Madan Lal and Sri S. N. Jaiswal found him carrying 11 passengers by issuing them tickets for less distance and an unbooked bicycle on 3.9.1988 while performing his duties on bus No. U.R.T./9703 on Kosi Barsana-Mathura route. He was charged with not only resultant financial loss to the Corporation but for ta...


Oct 25 2002

U.P. State Road Transport Corporation and anr. Vs. Suresh Chandra Pand ...

Court: Allahabad

Decided on: Oct-25-2002

Reported in: 2003(3)AWC2186

Anjani Kumar, J.1. This writ petition under Article 226 of the Constitution of India filed by U. P. State Road Transport Corporation-employer challenges the award dated 6.1.1997 passed by the Labour Court (1), Kanpur in Adjudication Case No. 20 of 1995. The State Government referred the following dispute under Section 4 (k) of U. P. Industrial Disputes Act. ^^D;k lsok;kstdksa }kjk viusdeZpkjh lqjs'k pUnz ik.Ms; iq= Jh eFkqjk izlkn ik.Ms;] in ifjpkyd vkSjs;k fMiksdks vkns'k fnukad 26-8-1989 }kjk fn;k x;k n.M vuqfpr rFkk@vFkok voS/kkfud gS ;fn gk] rks lEcfU/k Jfed D;k YkkHk@vuqrks'k fjyhQ ikus dk vf/kdkjh gS rFkk vU; fdlfooj.k lfgr ** 2. The labour court on receipt of the aforesaid reference, issued notice to the parties. Parties put in their appearance, exchanged their pleadings and adduced the evidence. Labour court by its award held that according to the regulations framed by the employer, the penalty imposed on the workman concerned is a penalty, which is not contemplated under the r...


Oct 25 2002

Kashi Prasad Mishra Vs. Deputy General Manager, Central Zone, U.P.S.R. ...

Court: Allahabad

Decided on: Oct-25-2002

Reported in: (2003)3UPLBEC2195

V.M. Sahai, J. 1. Heard Shri S.K. Tewari, learned Counsel for the petitioner and Shri Rakesh Sharma, learned Counsel appearing for the respondents.2. The petitioner was appointed as Conductor in U.P. Government Roadways in the year 1960. The petitioner was made permanent on 1.4.1972. U.P. State Road Transport Corporation (hereinafter referred to as Corporation) was created on 1.6.1972 and the erstwhile employees of the U.P. Government Roadways were treated to be on deputation with the Corporation. After departmental disciplinary proceedings by order dated 31.7.1980 the petitioner was removed from service. The petitioner filed an appeal. The appeal of the petitioner was not decided, therefore, he filed Writ Petition No. 6331 of 1987, which was disposed on 10.9.1987 with a direction to the respondents to decide the appeal within four weeks. The appeal of the petitioner was rejected by order dated 19.1.1988/ 25.1.1988.3. The learned Counsel for the petitioner has urged that petitioner's s...


Oct 24 2002

Amco Batteries Ltd. Vs. Labour Court No. 3 and ors.

Court: Allahabad

Decided on: Oct-24-2002

Reported in: 2003(1)AWC204; [2003(96)FLR142]

Anjani Kumar, J.1. The petitioner-employer aggrieved by the award of the labour court (3), U. P., Kanpur, dated 9.6.1992 passed in Adjudication Case No. 97 of 1988 filed this writ petition challenging the same under Articles 226 and 227 of the Constitution of India.2. The following dispute was referred to by the State Government in exercise of power under Section 4K of the U. P. Industrial Disputes Act, 1947, vide its order dated 2.8.1988 before the labour court for adjudication.^^D;k lsok;kstdksa }kjk vius Jfedvkj- ds- JhokLro iq= Jh dSyk'k ukFk JhokLro in Vadd fyfid dks fnukad 19-9-1987ls lsok ls i`Fkd@oafpr fd;k tkuk mfpr rFkk@vFkok oS/kkfud gS] ;fn ugha rks lacaf/kr Jfed D;k ykHk@vuqrks'k fjyhQ ikus dk vf/kdkjh gS rFkk vU; fdl fooj.k lfgr **3. The labour court after receipt of the reference registered the case and issued notices to the respective parties. Parties have exchanged their pleadings and adduced oral and documentary evidence. The case set up by the petitioner-employer bef...


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