Allahabad Court December 2002 Judgments
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State of U.P. and anr. Vs. Presiding Officer, Industrial Tribunal Iv a ...
Court: Allahabad
Decided on: Dec-05-2002
Reported in: 2003(1)AWC265; [2003(97)FLR551]
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. This petition has been filed challenging the validity and correctness of the award rendered by the Presiding Officer, Industrial Tribunal (IV). Agra (hereinafter referred to as the Tribunal) in an industrial dispute between (i) Tubewell Construction Sub-Division below Railway Bridge, Etah C/o Assistant Engineer, and (ii) Tubewell Construction Division, Agra C/o. Executive Engineer and their workmen represented through Shinchai Mazdoor Sangh, U. P. Mathura Nagar, Aligarh.3. Under Section 4K of the U. P. Industrial Disputes Act, 1947 (hereinafter referred to as the Act) ; the following matter of dispute was referred by the State Government for adjudication to the Tribunal vide reference order dated 22.5.1989 :^^D;k lsok;kstdksa }kjkifjf'k'V esa vafdr vius rhu Jfedksa dks fu;fer u fd;k tkuk mfpr rFkk@vFkok oS/kkfud gS ;fn ugha] rks lacaf/kr Jfed D;k ykHk@vuqrks'k ikus dk vf/kdkj gS fdl frfFk ls rFkk vU; fdu fooj.k...
Committee of Management, Chandra Shekhar Azad Inter College and anr. V ...
Court: Allahabad
Decided on: Dec-05-2002
Reported in: 2003(1)AWC263
Rakesh Tiwari, J.1. Heard the learned counsel for the parties and perused the records.2. These three writ petitions are connected and are being decided together with the consent of the parties.3. Writ Petition No. 20967 of 1997, has been filed challenging the validity and correctness of the orders dated 23.5.1997 and 20.5.1996, passed by respondent Nos. 1 and 2 respectively in which the following interim order was passed on 4.7.1997 :'As prayed list it on 10th July. 1997 for further hearing. Till then status quo as on today shall be maintained.4.7.1997Sd.B. S. Chauhan.'This stay order exhausted itself during the pendency of the writ petition.4. The second Writ Petition No. 7862 of 1999, Brahm Dutt Singh v. Regional Joint Director of Education, has been filed for mandamus commanding the respondents to hold a fresh election of the Committee of Management in pursuance of the orders dated 20.5. 1996 and 23.5.1997, Annexures-1 and 2 to the writ petition which are also impugned in connected ...
Dr. Chandra Mohan Singhal and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Dec-05-2002
Reported in: 2003(1)AWC251
B.K. Rathi, J. 1. The above civil revisions were allowed by the judgment and order dated 25.7.2002 by which plaint of Original Suit No. 44 of 1993 and of Original Suit No. 45 of 1993 were quashed.2. The plaintiff-opposite party has moved an application for recall of the judgment and order dated 25.7.2002 on the ground that its counsel Sri P. P. Srtvastava, senior advocate, appointed by the State Government as special counsel has unilaterally withdrawn from the case without Informing the concerned authorities, and as such the State be also heard.3. I have heard Sri Vishnu Pratap, standing counsel in support of the application as well as Sri V. K. S. Chaudhary, senior advocate assisted by Sri A. K. Gupta, learned counsel for the revisionists.4. A perusal of the order sheet of the revision would reveal that initially Sri P. P. Srivastava, senior counsel was appearing in the case.5. The case was listed on 13.5.1998 on which date the counsel for parties agreed that the case be heard on 19.5...
Rama Shankar Pandey Vs. Ram Raj and ors.
Court: Allahabad
Decided on: Dec-05-2002
Reported in: I(2003)ACC513; 2004ACJ696; 2003(1)AWC249
B.K. Rathi, J.1. This appeal has been preferred against the award given by the Motor Accident Claims Tribunal, Chitrakoot. The stamp reporter has reported that the amount as required under the proviso of Section 173(3) as condition precedent for admission of the appeal, has not been deposited. The deposit is pre-condition for the admission of the appeal.2. I have heard Sri Bharat Ji Agarwal, learned senior advocate assisted by Sri S. D. Singh for the appellant.3. It has been argued that the accident in this case took place on 15.1.1984 when the old Motor Vehicles Act (herein after referred to as the Act) was in force. That the new Act was enforced from 1.7.1989 and thereafter the application for compensation was moved. It has been argued that right to claim compensation accrued under the old Act and the same has been protected under Section 6 of the General Clauses Act. It has, therefore, been argued that the claim petition shall be considered to have been filed under Section 110A of M...
Sushil Kumar Dwivedi Vs. Basic Shiksha Adhikari and ors.
Court: Allahabad
Decided on: Dec-05-2002
Reported in: 2003(1)AWC259
Janardan Sahai, J.1. The Committee of Management of Tilhar Junior High School, Oran district Banda, passed a resolution dated4.3.2002 terminating the services of the petitioner, a Headmaster in the Institution. The Basic Shiksha Adhikari, Banda, by his order dated 9.8.2002 accorded approval to the termination of the services of the petitioner. The petitioner has prayed for quashing the order of the Basic Siksha Adhikari dated 9.8.2002 as well as the resolution of the Committee of Management dated 4.3.2002. The ground for terminating the services of the petitioner are two-fold, namely, that he did not have the requisite three years' experience and was also below the minimum eligibility age of 25 years.2. Sri Ashok Khare learned senior counsel for the petitioner submitted that even though at the time of appointment of the petitioner, he may not have possessed the three years' experience and may have also been below the age of 25 years but with the passage of time, he had acquired the thr...
Shyam Charan Lal Vs. Ram Gopal Gupta
Court: Allahabad
Decided on: Dec-05-2002
Reported in: 2003(1)AWC489
S.P. Mehrotra, J.1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the judgment and order dated 24.8.2002 (Annexure-3 to the writ petition) passed by the learned Additional Civil Judge (S.D.)/Prescribed Authority, Court No. 3. Varanasi, and the judgment and order dated 30.10.2002 (Annexure-4 to the writ petition) passed by the learned District and Sessions Judge, Varanasi.2. The dispute relates to an accommodation on the ground floor in House No. B. 22/270C Shankudhara, Khojwa, Varanasi. The said accommodation has hereinafter been referred to as the 'disputed accommodation.'3. From the allegations made in the writ petition, it appears that Smt. Rama Gupta, wife of the respondent filed a release application under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 (in short 'the Act') against the petitioner for release of the disputed accommodation. It was, inter alia, alleged in the said release appl...
Oriental Insurance Co. Ltd. Vs. Smt. Bhupender Kaur and ors.
Court: Allahabad
Decided on: Dec-05-2002
Reported in: II(2003)ACC349; III(2003)ACC50; 2004ACJ1130; 2003(1)AWC486
S.P. Srivastava, J.1. Heard the learned counsel for the Insurer/ appellant. Sri Pankaj Bhatia, the learned counsel for the claimant-respondents, who has put in appearance at this stage, has also been heard.2. The Insurer-appellant feels aggrieved by the award of an amount of Rs. 12,80,000 as compensation to the claimants on account of the untimely death of the husband of respondent No. 1 and the father of the respondent Nos. 2 and 3, in an accident involving the offending motor vehicle--a Tempo-insured by the present appellant.3. The Tribunal after carefully considering the facts and circumstances as brought on record has returned all the findings on crucial facts against the present appellant. The amount of compensation has been determined taking into account the income of the deceased to be about Rs. 8,000 per month and holding the extent of dependency to be Rs. 6,500 per month. The age of the deceased was found to be 38 years at the time of the accident and a multiplier of 16 has be...
Dr. Anand Kumar Gupta Vs. Rajghat Education Centre and ors.
Court: Allahabad
Decided on: Dec-05-2002
Reported in: 2003(1)AWC503; (2003)1UPLBEC336
M. Katju and Yatindra Singh, JJ.1. We have heard learned counsel for the petitioner.2. The petitioner has challenged the impugned order dated 29.4.2002, Annexure-13 to the writ petition. In our opinion, this writ petition is not maintainable, as it has been filed against a private body, namely, Rajghat Education Centre, Varanasi.3. Ordinarily, no writ lies against a private body except a writ of habeas corpus vide Praga Tools Corporation v. Imanuel, AIR 1969 SC 1306, C. M. Khanna v. N.C.E.R.T... AIR 1992 SC 76, Ganga Saran v. Civil Judge, 1991 (1) AWC 213, Tek Raj v. Union of India, 1988 (1) SCC 236, etc. There are no doubt certain exceptions to this rule, but that is the ordinary rule.4. Article 226(1) of the Constitution states :'Notwithstanding anything in Article 32 every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories...
Rajendra Prasad and ors. Vs. Labour Court and anr.
Court: Allahabad
Decided on: Dec-05-2002
Reported in: 2003(2)AWC870
Rakesh Tiwari, J.1. Heard counsel for the parties.By means of this writ petition, the petitioners have challenged the order of the labour court dated 22.1.1980 in Misc. Case No. 141 of 1979 filed under Section 32C(2) of the Industrial Disputes Act. 1947.2. The root of the dispute lies in a consolidated award of the labour court, Gorakhpur dated 23.4.1979 in Adjudication Case Nos. 88/77, 91/77, 92/77, 93/77, 95/77, 103/77, 104/77, 107/77, 109/77, 111/77, 114/77, 152/77 and 135/78. Adjudication Case No. 135/78 was made the leading case.3. The aforesaid cases pertain to adjudication of dispute on reference made by the State Government with regard to illegal termination of services of the workmen, The labour court by the aforesaid consolidated award in Adjudication Case No. 135/78 held that the termination of services of the workmen was illegal and unjustified. It further held that in the peculiar facts and circumstances of the case, termination of the services of the workmen amounted to v...
Braj Bhushan Tiwari Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Dec-05-2002
Reported in: 2003(1)AWC591
Janardan Sahai, J. 1. The dispute in this writ petition relates to the claim for appointment as ad hoc Principal of an Intermediate College between the petitioner and the 3rd respondent. The petitioner is undisputedly senior to the 3rd respondent but the District Inspector of Schools has by the order dated 31.5.2002, which is impugned in this writ petition held that the petitioner is not eligible as he does not possess the necessary minimum qualifications provided for the post of Principal under Appendix-A of Chapter 2 of the Regulations framed under the U.P. Intermediate Education Act. The District Inspector of Schools has directed that the 3rd respondent Onkar Datt Tiwari, who is a lecturer, is entitled to work as ad hoc Principal until a regularly selected candidate from the Board comes to Join. In paragraph 7 of the petition, the petitioner has described his qualification as a Graduate from the Gorakhpur University of the year 1960, B.Ed, of the year 1961 and M.Ed. from the Gorakhp...
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