Allahabad Court February 2002 Judgments
Prathma Bank Vs. Presiding Officer, Central Government Industrial Trib ...
Court: Allahabad
Decided on: Feb-11-2002
Reported in: 2002(2)AWC977; [2002(93)FLR197]; (2002)2UPLBEC1133
Anjani Kumar, J. 1. With the consent of learned counsel for the parties, instead of the stay vacation application in the writ petition is itself being heard for admission and disposed of finally. 2. Petitioner-employer filed this writ petition under Article 226 of the Constitution of India challenging the award given by the Central Government Industrial Tribunal-cum-Labour Court in Industrial Dispute Case No. 39 of 1993 dated 3.3.1997. published on 17.3.1997/25.3.1997. The labour court arrived at the finding that the termination of the services of respondent-workman w.e.f. 22.4.1988 without complying with the provision of Section 25F of the Act is bad in law and the workman is entitled for reinstatement but so far as the back wages are concerned, the Industrial Tribunal-cum-Labour Court has awarded the wages only from the date of reference, i.e., 7.4.1993.3. It is this part of the award, which is challenged by the employer, inter alia, on the ground that in paragraph 7 of the award, th...
Tag this Judgment!indra Kumar Shukla and ors. Vs. Zila Basic Shiksha Adhikari, Jaunpur a ...
Court: Allahabad
Decided on: Feb-11-2002
Reported in: 2002(2)AWC999
R.B. Misra, J.1. By the present writ petition, the petitioners have sought directions fn the nature of mandamus commanding the Zila Basic Shiksha Adhikari, Jaunpur (respondent No. 1) to consider the petitioners' candidature to the post of Assistant Teachers in response to the advertisement published in daily Hindi newspaper 'Dainik Jagran' dated 19.8.1997 issued by the respondent and to issue appointment letters to the said post as per Service Rules of 1981. The petitioners have further sought direction to treat postgraduate diploma cerlificale issued by the Purvanchal University. Jaunpur. to be equivalent to the B.T.C. certificate and consider the petitioners' candidature to the post of Assistant Teacher as made in an advertisement (Annexure-1 to the writ petition) published for the recruitment to the post of Assistant Teachers to the Primary Schools in which the requirements to the post of teacher is Intermediate or any other qualifications recognised by the State Government as equiv...
Tag this Judgment!Manoj Dubey Vs. Election Commission of India and ors.
Court: Allahabad
Decided on: Feb-11-2002
Reported in: AIR2002All167
S.K. Sen, C.J. 1. In all these four aforementioned writ petitions, since similar questions are involved, with the consent of the parties, they are taken up together and are being disposed of by a common judgment and order.2. The short controversy involved in these petitions is whether the Election Commission is entitled to prescribe alternative mode of identification for the electors apart from that provided under the Registration of Electors Rules, 1960 and Conduct of Elections Rules, 1961. Rule 28 of the Registration of Electors Rules, 1960 reads as under:'28. Identity cards for electors in notified constituencies- (1) The Election Commission may, with a view to preventing impersonation of electors and facilitating their identification at the time of poll, by notification in the Official Gazette of the State, direct that the provision of this rule shall apply to (any such constituency or part thereof) as may be specified in the notification:' (2) The registration officer for such not...
Tag this Judgment!Rafat Ahmad Jamal Alvi Vs. Rent Control and Eviction Officer, Allahaba ...
Court: Allahabad
Decided on: Feb-08-2002
Reported in: 2002(2)AWC893
A.K. Yog, J. 1. The petitioner Rafat Ahmad Jamat Alvi claiming to be the tenant (but branded as an unauthorised occupant by the landlord and prospective allottee-respondent No. 3 respectively) of a part of first floor house No. 808/504 Rajapur, Allahabad, has approached this Court by means of the present petition under Article 226. Constitution of India being aggrieved against the order dated January 3, 2002 (Annexure-1 to the petition), whereby Rent Control and Eviction Officer-1, Allahabad rejected the objections of the occupant petitioner against Rent Control Inspector's Report dated 7.12.2000/Annexure-3 to the petition on the ground of non-compliance of the statutory provisions of Rule 8 (2) by not giving notice and/or obtaining information from occupant petitioner while making spot inspection and further directing that occupant petitioner may submit his objection/evidence, which may be desired, in the Court before the next date fixed, namely, 11,1.2002.2. It may be noted that conc...
Tag this Judgment!Anwar Ali Vs. Prescribed Authority/Sub-divisional Officer and ors.
Court: Allahabad
Decided on: Feb-08-2002
Reported in: 2002(2)AWC954; (2002)2UPLBEC1197
S.K. Sen, C.J. 1. We have heard Shri Avanish Mishra, learned counsel for the appellant-writ petitioner, Shri S.P. Singh, learned counsel for therespondent No. 5 and Shri Ran Vijay Singh, learned standing counsel for the other respondents. 2. This Special Appeal is directed against the Judgment and order dated 21.1.2002 passed by the learned single Judge dismissing the writ petition. In the writ petition, the writ petitioner-appellant has challenged the order of the Sub-Divisional Magistrate directing for recounting of the votes.3. It is the contention of the writ petitioner that he has won by eight votes whereas the dispute raised by the respondent No. 5 herein, is with regard to two votes. The contention of Mr. S.P. Singh. learned counsel for the respondent No. 5 is that there was inaccuracy in mathematical calculation, which resulted in apparent error of two votes, inasmuch as, in all, 1166 number of votes were shown to be polled whereas actually 1168 number of votes were polled. 4. ...
Tag this Judgment!Abdul Hameed Khan Vs. Liyaqat Mian and ors.
Court: Allahabad
Decided on: Feb-08-2002
Reported in: 2002(2)AWC993
Anjani Kumar, J.1. By means of present writ petition under Article 226 of the Constitution of India, petitioner Abdul Hameed Khan seeks the following reliefs :(i) Issue writ, order or direction in the nature of certiorari quashing the order dated 17.10.1996, Annexure-1 to the writ petition.(ii) Issue writ, order or direction in the nature of mandamus commanding the respondent Nos. 3 and 4 not to give effect and not to implement in any manner whatsoever the impugned order dated 17.10.1996, Annexure-1 to the writ-petition.(iii) Issue such other and further orders and directions, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.(iv) To award the costs of this writ petition.'2. The matrix of the case as set out in the writ petition are that petitioner Abdul Hameed Khan filed an application before the U. P. Sunni Central Board of Waqf. Lucknow, respondent No. 3 that apart from plot Nos. 759. 760 and 761, which were declared to be as ancestral pr...
Tag this Judgment!Sardar Harbir Singh Vs. Additional District Judge, Meerut and ors.
Court: Allahabad
Decided on: Feb-08-2002
Reported in: 2002(2)AWC1005
A.K. Yog, J.1. The dispute relates to residential accommodation-House No. 254-255. Ghoshi Mohalla. Lal Kurti, Meerut Cant., Meerut. The accommodation, on the ground floor, consists of two rooms. The said house consists of ground floor and first floor. On the ground floor, landlady has in her possession the following accommodation--Two rooms--17' x 8' approx. 14' x 9-1/2' approx., one kitchen 3-1/2' x 3-1/2' approx. On first floor one room with asbestos cement roof cover 9' x 10' approx. with open roof 9' x 17' approx. The petitioner tenant has in his possession following accommodation--one rpom 14' x 8-1 /2' approx. Kitchen 3.9' x 4-1/2' approx. The following amenities are common-Gallery, Latrine and Bath. 2. The family of the landlady undisputedly consists of the following : 1. Smt. Vimla AgarwalLandlady2. Avinash AgarwalHusband of landlady3. AtulSon of landlady4. Wife of AtulDaughter in law of landlady5. One child6. Km. Abha and Km. AshaBoth unmarried daughters of landlady7. Smt. Alk...
Tag this Judgment!Mawa Lal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-08-2002
Reported in: 2002(2)AWC1109; (2002)2UPLBEC1012
S.R. Singh, J.1. The petitioner, a practicing advocate belonging to Scheduled Caste, has Instituted this petition under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari quashing the entire process for appointment to the post of District Government Counsel (Revenue) (in short D.G.C. (R) in District Chandauli pursuant to the notice (Annexure-1 to the writ petition) and a writ, order or direction commanding respondent Nos. 1 and 2 to initiate the process of appointment to the post of D.G.C. (Revenue) afresh in accordance with law keeping in view the provision of Uttar Pradesh (Reservation of Scheduled Caste, Scheduled Tribes and Other Backward Classes) Act, 1994 (in short U. P. Act 4 of 1994).2. The question of paramount importance that has been raised in this writ petition is as to whether the provisions of U. P. Act 4 of 1994 will be applicable in relation to District Government counsel. It has been urged by Shri Sita Ram Singh, learned counsel...
Tag this Judgment!Dinesh and ors. Vs. Board of Revenue and ors.
Court: Allahabad
Decided on: Feb-08-2002
Reported in: 2002(2)AWC1144
Ashok Bhushan, J. 1. Heard Sri A.C. Tewari, counsel for the petitioner and Shri Krishna Mohan, counsel appearing for contesting respondent Nos. 2 to 7.2. Counter and rejoinder-affidavit have been exchanged and with the consent of the parties, the writ petition is being decided finally.3. Facts of the case as emerge from the pleadings of the parties are ; petitioners filed a suit under Section 229B of U.P. Zamlndari Abolition and Land Reforms Act praying for declaration of their title. Along with the plaint, an application for granting of leave under Section 80(2) of Civil Procedure Code and Section 106 of U.P. Panchayat Raj Act was given by the plaintiff. It was prayed that leave be granted to file the suit without notice. The trial court on 30.5.1997 passed an order after hearing objection of the defendants. By the said order, the trial court allowed the plaintiff to file suit without notice and fixed date for written statement. A Revision No. 473 of 1996-1997 was filed by defendant-r...
Tag this Judgment!Madhuri Tripathi (Smt.) Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Feb-08-2002
Reported in: (2002)2UPLBEC1026
Janardan Sahai, J.1. The dispute in both these writ petitions relates to the appointment of ad hoc principal in Balika Inter College, a recognised intermediate college. As such both these cases are being disposed of by a common order. The regular Principal of the institution Smt. Shanti Mishra superannuated on 30.6.2001 and on the vacancy so arising, Madhuri Tripathi the petitioner in writ petition No. 433 of 2002 on the one hand and the petitioner in writ petition No. 42359 of 2001, Km. Gopa Banerji, on the other hand, have staked their claim for appointment as ad hoc Principal until a regularly selected candidate from the U.P. Secondary Education Service Selection Board joins.2. The order impugned in writ petition No. 433 of 2002 is dated 30.10.2001 and was passed by the District Inspector of Schools, Jaunpur. By this order, the District Inspector of Schools has recognised Km. Gopa Banerji as the Karyavahik Principal. Smt. Madhuri Tripathi has prayed for a direction that her signatur...
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