Allahabad Court November 2002 Judgments
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Basant Lal Vs. Chairman, Nagar Palika Parishad and ors.
Court: Allahabad
Decided on: Nov-01-2002
Reported in: 2003(1)AWC373
S.N. Srivastava, J.1. By way ofthis petition petitioner prayed for quashing the order dated 29.8.2002. Annexure-5 to the writ petition, passed by opposite party No. 2 appointing opposite party No. 3 on compassionate ground on death of late Prem Lal and further prayed to direct opposite party Nos. 1 and 2 to appoint the petitioner as Class IV employee on compassionate ground under Dying-in-Harness Rules, in place of his father.2. Sri Prakash Chandra Srivastava filed counter-affidavit on behalf of Nagar Palika Parishad, Jaunpur. He made statement before this Court that U. P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974, has been adopted by the Nagar Palika Parishad, Jaunpur and the appointment under the Dying-in-Harness is governed by the same.3. Learned counsel for the petitioner urged that his father Prem Lal died in harness and he being the son and one of the dependent is entitled to be considered for appointment, under the Dying-in-Harness Rules. He f...
Ram Kewal Vs. U.P. State Electricity Board and anr.
Court: Allahabad
Decided on: Nov-01-2002
Reported in: 2003(1)AWC392; (2003)1UPLBEC142
S.N. Srivastava, J.1. By means of the present petition, the petitioner has sought the relief of a writ of mandamus directing the respondents not to retire the petitioner from the service on 1.1.2003.2. The petitioner holds a class 4 post having been appointed as Coolie in the year 1984 Electricity Distribution Division, Khalilabad district Sant Kabir Nagar and subsequently he was granted preferment/promotion and designated as Fuse-man in the year 1988. The promotion entailed completion of the service record and consequently, the petitioner was referred for medical examination for ascertainment of his age. On the basis of medical report dated 13.1.1988 pursuant to the medical examination to ascertain his age, the date of the birth was accordingly recorded in the service book and by that reckoning he was recorded in the service book to retire on 1.1.2003. According to the own allegations in the writ petition, the date of birth came to be recorded on the basis of medical report dated 13.1...
U.P. State Sugar Corporation Ltd. Vs. Presiding Officer, Labour Court ...
Court: Allahabad
Decided on: Nov-01-2002
Reported in: 2003(1)AWC396; [2003(96)FLR1]; (2003)1UPLBEC55
Anjani Kumar, J.1. By means of this writ petition under Article 226 of the Constitution of India, the petitioner-employer, U. P. State Sugar Corporation Limited, Unit Amroha, district Moradabad, challenges the award of the Labour Court, Rampur, dated 3rd June, 1996 passed in Adjudication Case No. 9 of 1993.2. The following dispute was referred by the State Government under Section 4K of the U. P. Industrial Disputes Act, 1947 before the labour court for adjudication :^^D;k lsok;kstdksa }kjk vius JfedO;kl eqfu iq= Jh y[ku fd'kksj frokjh in ekS'keh fyfid] xUuk foHkkx dks Hk.Mkjfyfid ds in ij LFkkbZ ?kksf'kr u fd;k tkuk vuqfpr rFkk@vFkok voS/kkfud gS ;fn gk] rks lEcfU/kr Jfed D;k ykHk@vuqrks'k fjyhQ ikus dk vf/kdkjh gS] fdlfrfFk ls rFkk vU; fdl fooj.k lfgr** 3. The parties have exchanged their pleadings, adduced their oral and documentary evidence before the labour court and on the basis of the pleadings of the parties, the labour court framed the following issues as preliminary issues ;(...
Ashok Kumar Dubey Vs. General Manager, U.P. Forest Corporation and anr ...
Court: Allahabad
Decided on: Nov-01-2002
Reported in: 2003(1)AWC192
S.N. Srivastava, J. 1. It would appear from the record that on the basis of certain charges, departmental proceeding was launched against the petitioner vide order dated 14th September, 2001. The enquiry culminated in passing of final orders by which recovery of Rs. 19,680 was directed to be effected from the petitioner in 19 instalments, each instalment consisting of Rs. 680. Appeal preferred by the petitioner against the said order came to be dismissed as barred by time. The learned counsel for the petitioner urged that the order of punishment and the appellate order cannot be sustained in law.2. Sri V. K. Singh, learned counsel for the opposite parties contended that the appeal was dismissed as barred by time and by this reckoning, the matter was not considered by the appellate authority on merits and it was rightly rejected as barred by time. Sri V. K. Singh fairly conceded that Rules relating to departmental proceedings and appeal have been adopted by the U. P. Forest Corporation ...
Shiv Kumar Awasthi and ors. Vs. Punjab National Bank and ors.
Court: Allahabad
Decided on: Nov-01-2002
Reported in: 2003(1)AWC399; (2003)1UPLBEC87
Rakesh Tiwari, J. 1. Heard the learned counsel for the parties and perused the records.2. By means of this writ petition, the petitioners have sought the relief of mandamus directing respondent No. 1, Punjab National Bank, Regional Office, Kanpur, to reinstate the petitioners in service and further directing respondent No. 2 to compute the back wages to which they are entitled to in accordance with law.3. The facts of the case are that erstwhile Hindustan Commercial Bank was merged with the Punjab National Bank under the scheme of amalgamation vide Notification dated 18.12.1986. It was contemplated in the Notification that all the rights, powers, claims, demands, interest, authorities, privileges, properties, etc. of the Hindustan Commercial Bank shall stand transferred and become the properties and assets of the transferee bank under the scheme of amalgamation.4. The scheme of amalgamation notified by Notification dated 18.12.1986, provided that Hindustan Commercial Bank Ltd., Kanpur,...
U.P. State Electricity Board and anr. Vs. P.N. Khanna and ors.
Court: Allahabad
Decided on: Nov-01-2002
Reported in: 2003(1)AWC551; [2003(96)FLR541]
Rakesh Tiwari, J.1. Heard the learned counsel for the parties and perused the records.2. The petitioner U.P. State Electricity Board (now Corporation) has challenged the award dated 9.2.1989 passed by the Industrial Tribunal II. U.P., Lucknow, By the impugned award it has been held that respondent No. 1 is entitled to seniority from the date of joining, i.e., 17.12.1956 as Junior Engineer in ordinary grade and is eligible for consideration for the post of Junior Engineer in selection grade and Assistant Engineer on the date on which his next junior was considered and given promotion on the next post with retrospective effect from due dates.3. Workman P.N. Khanna was appointed as work charge supervisor on 12.12.1956 and joined his duties on 17.12.1956. By order dated 23.4.1966 he was approved as shift supervisor.4. A seniority list of Junior Engineers ordinary grade was announced on 12.6.1983 in which respondent No. 1 was placed at serial No. 1145 on the basis of date of approval; where...
Randhir Singh Khokhar Vs. Shri Vidya Mandir Inter College and ors.
Court: Allahabad
Decided on: Nov-01-2002
Reported in: 2003(2)AWC952
S.P. Mehrotra, J. 1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, challenging the judgment and order dated 23.4.2002 (Annexure-10 to the writ petition) passed by the learned Judge, Small Causes Court, Meerut and the judgment and order dated 26.9.2002 (Annexure-14 to the writ petition) passed by the learned Additional District Judge (Court No. 18), Meerut.2. The dispute relates to a quarter situate opposite Police Station Chhaprauli, the details whereof have been given in the suit referred to hereinafter. The said quarter has hereinafter, been referred to as 'the disputed quarter'.3. From the allegations made in the writ petition, it appears that a suit was filed by the respondent Nos, 1, 2, 3 and 4 (plaintiffs) against the petitioner for ejectment and arrears of rent, etc. in respect of the disputed quarter. It was, inter alia, alleged by the plaintiffs in the said suit that the petitioner was the Principal of Shri Vidy...
Ram Singh Vs. J.K. Jute Mills Co. Ltd. and anr.
Court: Allahabad
Decided on: Nov-01-2002
Reported in: 2003(3)AWC1927; [2002(95)FLR1058]; (2003)1UPLBEC351
Anjani Kumar, J.1. By means of this writ petition under Article 226 of the Constitution of India the petitioner, concerned workman challenges the award of the labour court, Uttar Pradesh, Kanpur dated 21st June, 1996 passed in Adjudication Case No. 153 of 1991.2. The following dispute was referred to the labour court for adjudication :^^D;k lsok;kstdksa }kjk vius JfedJh jke flag iq= Jh erbZ] etnwj ,othnkj f'kV&lh;] gok?kj dh lsok;sa fnukad26-9-1990 ls lekIr fd;k tkuk mfpr rFkk oS/kkfud gS ;fn ugha] rks lacaf/kr JfedD;k ykHk@{kfriwfrZ ikus dk vkf/kdkjh gS] rFkk fdl frfFk ,oa fdl vU; fooj.k lfgr**3. The parties have exchanged their pleadings and adduced evidence before the labour court. The employer, in their written statement, have categorically stated that they have not terminated the services of the concerned workman and no order terminating the services of the concerned workman was passed. The name of the concerned workman is still on the rolls of the employer. In this view of the ma...
Bhagvat DIn Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Nov-01-2002
Reported in: 2003CriLJ2281
G.P. Mathur, J.1. This matter has come before us on a reference made by a learned Single Judge as he doubted the correctness of a decision rendered by Hon'ble M. Katju, J. in Rama Shankar Pandey v. U.P. Police Station Officer, Kotwali, Ghazipur, 1994 ACC 346.2. The present application has been filed under Section 482, Cr. P. C. for quashing the F.I.R. lodged on 27-8-1992 under Sections 406 and 420, I.P.C. at P.S. Kotwali District Kanpur Nagar, on the basis of which Case Crime No. 609 of 1992 has been registered. A further prayer has been made that the police authorities be restrained from arresting the applicant.3. The petition under Section 482, Cr. P. C. has been filed soon after the F.I.R. was lodged and during the pendency of the investigation of the case. A Full Bench of seven Judges in Ram Lal Yadav v. State of U.P., 1989 Cri LJ 1013 has held that the High Court has no inherent power under Section 482, Cr. P. C. to interfere with the investigation done by the police. It was furth...
Satya NaraIn Shukla Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Nov-01-2002
Reported in: (2003)1UPLBEC580
Jagdish Bhalla, J.1. Aggrieved by non-inclusion of the name of the petitioner, who is a Member of Indian Administrative Services, in the panel for the Post of Additional Secretary and Secretary in the Government of India, petitioner filed Original Application No. 39 of 1998, before the Central Administrative Tribunal. Petitioner inter-alia also prayed therein; that the opposite parties may be directed to ignore the A.C. Rs. awarded to him for the years 1994-95, 1995-96 and 1996- 97, while considering him for empanelment as Secretary to the Government of India and the Union of India, and the Cabinet Secretary to the Government of India may also be directed to streamline the system of recording A.C. Rs of the Members of Indian Administrative Services.2. Central Administrative Tribunal by the judgment and order dated 28.4.2000, rejected the O.A. No. 39 of 1998 on the grounds that it is not at all necessary to examine the shortcomings in the format of A.C.R. in Public Interest. Secondly, t...
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