Allahabad Court October 2003 Judgments
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State of U.P. and anr. Vs. Iind A.D.J. and ors.
Court: Allahabad
Decided on: Oct-21-2003
Reported in: 2004(1)AWC220
S.U. Khan, J. 1. Both of these writ petitions have been filed by the tenant, State of U. P. The building in dispute is in the tenancy occupation of State of U. P. in which office of Assistant Commissioner (Judicial) Trade Tax, Jhansi is situated. These writ petitions arise out of proceedings under Section 21 (8) of U. P. Act No. 13 of 1972, initiated by landlord respondent No. 2 for enhancement of rent.2. R.C. and E.O., Jhansi, before whom case was registered as case No. 28 of 1989, by his order dated 3.6.1996 enhanced the rent of accommodation in dispute from Rs. 130 to Rs. 2,500 per month. Against the judgment and order passed by R.C. and E.O., both the parties, i.e., tenant as well as landlord filed appeals before the District Judge, Jhansi. The appeal of landlord, R. S. Agrawal was registered as R, C. Appeal No. 17 of 1996. The appeal of tenant was registered as R. C. Appeal No. 19 of 1996. The IInd Additional District Judge, by a common Judgment disposed of both the appeals on 8.1...
Union of India (Uoi) and ors. Vs. Rakesh Chandra Sharma and ors.
Court: Allahabad
Decided on: Oct-21-2003
Reported in: 2004(1)AWC653; (2004)IIILLJ213All
Dr. B. S. Chauhan, J.1. This writ petition has been filed challenging the Judgment and order dated 23rd May, 2003, passed by the Central Administrative Tribunal, partly allowing the application of the respondent Nos. 1 to 5 issuing direction not to recover the amount already paid to them.2. Facts and circumstances giving rise to this case are that the said respondents were engaged as a casual employees on different dates between 1979 to 1985. They were conferred temporary status in Group 'D' category with effect from 29.11.1989. They were treated at par with temporary Group 'D' employees after completing three years of service vide order dated 22.11.1995. After considering the recommendations of the Fifth Pay Commission, they had been fixed in the pay-scale of Rs. 750-940. i.e., revised pay-scale of Rs. 2.660. Subsequently, vide Office Memorandum dated 24.10.1997, the instructions were issued to fix their salary at Rs. 2,550. The said order was not given effect to immediately and the s...
Vashisht Kumar Jaiswal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-21-2003
Reported in: AIR2004All105; 2005(2)AWC1779; 2004(1)CTLJ545(All)
M. Katju, J.1. Heard learned counsel for the parties.2. This writ petition has been filed against the impugned order dated 3-7-2003 (Annexure 1 to the petition) and lease deed dated 25-7-2003 in favour of respondents No. 5 and 6 during the pendency of the writ petition.3. The respondents No. 5 and 6 were granted mining lease for three years which started from 28th April, 2000 and hence it came to an end on 27-4-2003. We are not going into the various points urged before us because we are of the opinion that this petition deserves to be allowed on the short point that once the period of the lease in favour of respondents No. 5 and 6 expired on 27-4-2003 there is no question of extension of the lease, and instead there should have been a fresh public auction/public tender after advertising the same in well known newspapers having wide circulation. This procedure is essential, as otherwise Article 14 of the Constitution will be violated. Transparency in public administration also requires...
Trijugi Nath Agrawal and anr. Vs. Iiird Additional District Judge and ...
Court: Allahabad
Decided on: Oct-20-2003
Reported in: 2004(1)AWC77
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. This writ petition is directed against the order dated 29.11.2000 passed by the IIIrd Additional District Judge, Mirzapur in Appeal No. 2 of 1997, Gopal Jee Agarwal v. Trijugi Nath Agarwal and Ors., rejecting the application of the petitioner dated 17.1.2000, paper No. 18 'C' moved under Order XLI, Rule 27, C.P.C.3. The brief facts of the case are that plaintiff respondent No. 2 Gopal Ji Agarwal filed Original Suit No. 45 of 1999 in the Court of Munsif, Mirzapur, for ejectment of the petitioner from the shop in dispute on the ground that he was the owner and in exclusive possession of the said shop on 15.1.1990. It was stated in the suit that when the plaintiff respondent No. 2 had gone to Mathura on a pilgrimage tour, the petitioner illegally broke the lock and took the possession of the shop in dispute in the night of 11.1.1990 and respondent could know about it when he came back on 12.1.1990. It is further s...
Banarasi Gupta Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-20-2003
Reported in: 2004(1)AWC223
Vineet Saran, J.1. The petitioner was appointed as Lekhpal on 28.2.1979 along with 176 other persons. On 3.2.1991, the petitioner was placed under suspension on the ground that he did not have the requisite qualification, which, according to the respondents, was High School and also that he had not obtained his training as Lekhpal. The petitioner challenged the said suspension order by way of filing a writ petition and by order dated 26.2.1991, this Court stayed the operation of the suspension order. On the same grounds, a charge-sheet dated 2.5.1991 was served on the petitioner requiring him to explain how he had obtained the appointment as Lekhpal by concealing material facts. The petitioner submitted his reply to the said charge sheet on 28.6.1991 stating that under the Rules the minimum qualification required for appointment of a Lekhpal was Junior High School, which qualification the petitioner possessed. It was also stated that the Rules could not be amended by a circular of the ...
Soni Photostat Centre Vs. Basudev Gupta and anr.
Court: Allahabad
Decided on: Oct-20-2003
Reported in: 2004(1)AWC252; (2004)1UPLBEC252
Rakesh Tiwari, J.1. Heard the counsel for the parties and perused the record.2. The petitioner has filed the present writ petition challenging the impugned award dated 26.3.1999 passed by Labour Court in Adjudication Case No. 8 of 1998, Annexure-9 to the writ petition treating respondent No. 1 with continuity in service and back wages from the date of his termination dated 1.6.1995.3. The brief facts of the case as they appear from record are that the petitioner has a photostat machine installed in a room of 12 x 8 feet. The shop was registered with the Director of Industries having its Registration No. SSI 53612. There are two electrostat machines in the shop. One of the machines is used for job work and another is used for display to secure orders for sale of the electrostat machine on commission. It is alleged that the workman required an experience certificate for applying for job elsewhere and the same was given to him on 8.12,1990 by the proprietor of the shop. Thereafter the wor...
U.P.S.R.T.C. Vs. Mahendra Nath Tiwari and ors.
Court: Allahabad
Decided on: Oct-20-2003
Reported in: 2004(1)AWC662
Rakesh Tiwari, J.1. Heard counsel for the respective parties.2. This writ petition has been preferred against an award dated 2.6.2000 passed by the Labour Court, Gorakhpur in Adjudication Case No. 259/91 directing reinstatement of the workman with full back wages but to stop his annual increments for a period of three years provided there is no complaint/charge against him during the aforesaid period of three years.3. The counsel for the petitioner submits that respondent No. 1 has been reinstated in service and is being paid current salary in pursuance of the aforesaid order dated 26.2.2001. In pursuance of the aforesaid order respondent No. 1 had joined his duties and there has been no complaint/charge against him during the last three years since the date of enforcement of the award of the Labour Court. Since part of the award has been complied with the only question that remains to be decided by this Court is regarding the back wages of the workman.4. The admitted facts of the case...
State Bank of India Vs. Presiding Officer, Labour Court and ors.
Court: Allahabad
Decided on: Oct-20-2003
Reported in: 2004(1)AWC832
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. The petitioner has filed this writ petition challenging the award dated 24th November, 1997 passed by the Labour Court by which the petitioner-bank was directed to reinstate the respondent No. 2.3. The controversy in the aforesaid writ petition is confined as to whether a person working as a 'Canteen Boy' by the Staff Welfare Committee of the employers in State Bank of India is entitled to regularization in services of the bank or, does he become an employee of the State Bank of India. The parties before the Labour Court were Staff Welfare Committee State Bank of India through Secretary, Krishi Vikas Branch, Ram Nagar Etawah, Employer v. Surendra Singh son of Sri Sultan Singh through B.P. Pandey, 106/371, Hiraganj, Kanpur, Workman and the following reference was made :^^D;k lsok;kstdksa }kjk Jfed JhlqjsUnz flag iq= Jh lqYrku flag] dS.Vhu Cok;] dks fnukd 13-5-91 ls dk;Z ls i`Fkd@oafpr fd;k tkuk mfpr ,oa oS/kkfud...
Ajay Kumar Shevdy Vs. the Chief Security Commissioner, Railway Protect ...
Court: Allahabad
Decided on: Oct-20-2003
Reported in: (2004)2UPLBEC1503
R.B. Misra, J.1. Heard Sri Puneet Saxena, learned Counsel for the petitioner and Sri Lalji Sinha, learned Counsel for the respondents.2. In this petition prayer has been made for issuance of mandamus commanding the respondents to appoint the petitioner as Class-Ill employee on the compassionate ground and for issuance of any suitable writ order or direction at the pleasure of the Court.3. It appears that the father of the petitioner namely J.G.Shevdey while working as Head Constable No. 410 in Railway Protection Force, Jabalpur Division and at the relevant time posted at Chibki, Allahabad died on 20.2.1989 leaving behind the petitioner and two sisters (already married) as the legal heirs. The petitioner made an application before the Divisional Security Commissioner, Railway Protection Force, Jabalpur (Madhya Pradesh) for getting appointment as Sub-Inspector on the compassionate ground. A letter dated 12.5.1989 was issued to the petitioner informing that the petitioner cannot be recrui...
Kumar Paints and Mill Stores Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Oct-20-2003
Reported in: [2004]136STC161(All)
Rajes Kumar, J.1. The present revision is directed against the order of Tribunal dated October 11, 2002 relating to assessment year 1999-2000.2. The present revision has been admitted to decide two questions of law referred as below :'1. Whether the order of the Trade Tax Tribunal dated October 11, 2002 is vitiated in law on account of non-consideration of the written arguments and the decisions delivered by this honourable Court as also by the honourable Supreme Court ?2. Whether under Notification No. 2375 dated November 23, 1998 'paint and varnishes' are taxable at single point, hence what was sold by the applicant was paint only on which the tax was already paid and therefore merely because some colour was added in the said paint it will not cease to be paint and cannot be subject to tax again in view of the aforesaid Notification No. 2375 dated November 23, 1998 ?'3. The case of the applicant is, that the applicant had established a computerised machine named as 'colour world' man...
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