Allahabad Court October 2003 Judgments
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Vinod Kumar-ii S/O Sri Kailashi Ram Vs. Presiding Officer, Labour Cour ...
Court: Allahabad
Decided on: Oct-10-2003
Reported in: [2006(107)FLR525]
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. The petitioner was appointed as Driver in U.P. State Road Transport Corporation, Agra Region., Agra in February 1988. A charge sheet dated 4.10.1991 was issued to him by the Regional Manager, U.P.S.R.T.C, Agra.(i) For causing a loss of Rs. 50,000/- to the corporation in accident due to his negligent driving, while he was driving Bus No. UAV 9803.AND(ii) Inspite of the fact that tyre pressure in Bus no. U.P. 80/9361 was very low; he drove the bus causing damage to tyres, which burst resulting in injury to the cleaner.3. The petitioner was placed under suspension by order dated 15.7.1991 passed by Assistant Regional Manager, the order of suspension was revoked during the enquiry proceedings vide order dated 2./8./1991. After enquiry the petitioner was dismissed from service by order dated 31.8.1992.4. Aggrieved by dismissal from services the petitioner raised an Industrial Dispute under Section 4-K of the U.P. In...
State of U.P. Vs. Presiding Officer/Labour Court and anr.
Court: Allahabad
Decided on: Oct-10-2003
Reported in: 2004(4)AWC3233
Anjani Kumar, J.1. This writ petition was heard by this Court on 10.10.2003 and after hearing learned counsel for the parties, the same was partly allowed for the reasons to be recorded later on. Now here are the reasons for allowing the aforesaid writ petition.2. The petitioner-State of U. P. have challenged the award passed by the Presiding Officer, Labour Court (4), U. P.. Kanpur, dated 24.7.2001 in Adjudication Case No. 44 of 2001. The following dispute was referred for adjudication to the labour court concerned :^^D;k lsok;kstd }kjk vius Jfed Jhfoosd flag] iq= Jh gfjukFk flag] in bZ-lh-th- VsDuhf'k;u dh lsok;sa fnukad1-6-97 ls lekIr dj dk;Z ls i`Fkd@oafpr fd;ktkuk mfpr ,oa oS/kkfud gS ;fn ugha] rks lEcfU/kr Jfed D;k fjyhQ@{kfriwfrZ ikusdk vf/kdkjh gSa fdl frfFk o vU; fooj.k ds lkFk **3. The labour court issued notices to the employers and workman concerned. Parties have changed the pleadings and adduced such evidence, as they desire. After hearing the parties the labour court have...
Jaina International Through Smt. Poornima JaIn Vs. Presiding Officer, ...
Court: Allahabad
Decided on: Oct-10-2003
Reported in: 2005(3)ESC2087; [2006(106)FLR222]
Rakesh Tiwari, J.1. Heard counsel for the respective parties.2. This writ petition has been preferred against an award dated 25.1.1997 passed by the Labour Court (1st), Ghaziabad in Adjudication Case No. 111/93 and subsequent recovery proceedings in pursuance of the award dated 25-4-1998.3. Brief facts of the case are that the petitioner was manufacturer of shoes. Respondent No. 3 was appointed as a stretcher on 1-11-1989. The Production Supervisor reported to the management on 23-4-1990 that respondent No. 3 had assaulted and tried to murder the Supervisor. On the basis of the report dated 23-4-1990 the respondent-workman was suspended for ten days pending investigation. The Supervisor reported for duty after ten days of the suspension. However, respondent No. 3 did not report for duty and stopped coming to the factory. He initiated conciliation proceedings before the Regional Conciliation Officer which is numbered as 60/90. During the conciliation proceedings the employer pointed out...
Smt. Kiran Lata Jauhari Vs. Chief General Manager, State Bank of India ...
Court: Allahabad
Decided on: Oct-09-2003
Reported in: 2004(1)AWC96; (2004)1UPLBEC801
Sunil Ambwani, J.1. Heard Sri Raj Karan Yadav for petitioner and Sri A. K. Misra for State Bank of India.2. Brief facts giving rise to this writ petition are that petitioner's husband Late Sri K. K. Jauhari was working as Senior Assistant in Shyamganj Branch of State Bank of India. He died in harness on 4.4.2001, seven and half years before his superannuation, leaving behind petitioner as his widow, two daughters and two sons. Both the daughters were married before his death. Petitioner made an application on 8.8.2001 for compassionate appointment to her son Mona deep Mona. The application was recommended by the Branch Manager. It was, however, dismissed by the Chief General Manager, Local Head Office, Lucknow. The order was communicated to petitioner by the Branch Manager of the Bank on 6.6.2002.3. In the counter-affidavit, the respondents have relied upon a scheme for appointment on compassionate ground which provides that where the retirement benefits and family pension given to the...
Suresh Kumar Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-09-2003
Reported in: 2004(1)AWC64; (2004)1UPLBEC272
R.K. Agrawal, J.1. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Suresh Kumar Singh, seeks a writ, order or direction in the nature of certiorari quashing the order dated 16.12.1994, passed by the Controller of Exams, U. P. Public Service Commission, Allahabad, respondent No. 3, filed as Annexure-2 to the writ petition as also the appointment of Sri Biodhan, respondent No. 4. He further seeks a writ, order or direction in the nature of certiorari quashing the decision taken by the respondent No. 3 to give placement to Sri Biodhan, respondent No. 4 above the petitioner in the select list and to recommend the name of the petitioner for appointment on the post of Naib Tahsildar in the select list of 1979 batch by creating a supernumerary post. Further a writ, order or direction in the nature of mandamus is sought directing the respondent No. 2 (Secretary, Revenue Services, Lucknow) to appoint the petitioner after he receives th...
Ram Bodh and ors. Vs. Deputy Director of Consolidation and ors.
Court: Allahabad
Decided on: Oct-09-2003
Reported in: 2004(1)AWC876
Ashok Bhushan, J.1. These four writ petitions arise out of same order passed by the Deputy Director of Consolidation, Pratapgarh hence are being disposed of by this common Judgment.2. Heard Sri V. K. S. Chaudhary, senior advocate appearing as counsel for the petitioners in Writ Petition No. 6367 of 1975 ; Sri Sankatha Rai appearing as counsel for the petitioners in Writ Petition No. 2752 of 1975 ; Sri R. N. Singh Senior Advocate assisted by Sri S. N. Singh learned counsel for the petitioners in Writ Petition No. 6217 of 1975 and Sri R. S. Misra learned counsel for the petitioner appearing in Writ Petition No. 2847 of 1975. Above counsel representing the above noted petitioners have also addressed their submissions as respondents in writ petition in which they are arrayed as respondents.3. Facts giving rise to above writ petitions briefly noted are :Consolidation proceedings started in village Katkamanpur, Tahsil Sadar District Pratapgarh under the provision of the U. P. Consolidation o...
Rajendra Singh Bhagor and ors. Vs. Chief of the Army Staff and ors.
Court: Allahabad
Decided on: Oct-09-2003
Reported in: (2004)1UPLBEC139
Sunil Ambwani, J.1. Heard Sri Ashok Khare, Senior Advocate, assisted by Sri Vikram D. Chauhan, for petitioners and Sri Ajit Kumar Singh, as well as Sri Anup Kumar Srivastava. Additional Standing Counsel. Central Government for respondents.2. Union of India was impleaded on 8.8.2003 as party-respondent No. 4, through Secretary. Ministry of Defence, New Delhi in the writ petition. A counter-affidavit of Major R.K. Lakshman. Adjutant has been filed and thus no further reply is necessary after impleadment of Union of India. Additional Standing Counsel has not made any request for any further time to file reply. With the consent of parties, the matter was heard on merits.3. The petitioners have challenged orders by which they were discharged from training as Soldier Clerk (General Duty) and have prayed for a direction to the respondents to allow them to complete training and to grant them postings within a period to be specified by the Court.4. The facts giving rise to Writ Petition No. 887...
Ram Bihari Yadav Vs. Managing Director, U.P. State Handloom Corporatio ...
Court: Allahabad
Decided on: Oct-09-2003
Reported in: (2004)1UPLBEC152
Sunil Ambwani, J.1. Heard Sri Pradeep Chandra for petitioner and Sri Vivek Birla, for respondents.2. Brief facts, giving rise to this writ petition, are, that petitioner was appointed an attendant on daily wages in the office of General Manager Cantt, U.P. State Handloom Corporation Ltd., G.T. Road, Kanpur on 15th October 1987. His services were extended from time to time. On 12th January, 1990, he was appointed on probation for a period of one year and was thereafter confirmed. Petitioner was thereafter transferred to Bahraich on 29th January, 1990. He also received the benefit of annual increments. The Joint Director of U.P. State Handloom Corporation, Kanpur issued a show cause notice to petitioner on 13.8.2002 for explaining his absence since 7.8.2002. It has been explained in Para 16 of the writ petition that he submitted the joining report on 17.8.2002 along with an application for medical leave. On 7.9.2002, he was again asked to explain his absence since 7.8.2002. Petitioner su...
Universal Construction and Trading Company Vs. Garhwal Mandal Vikas Ni ...
Court: Allahabad
Decided on: Oct-08-2003
Reported in: AIR2004All115; 2004(1)ARBLR521(All)
1. The parties to the proceedings entered into an agreement on 19-1-1996 whereby the petitioner was appointed as Commissioning Agent to promote the sale of the product of flush doors; a product of the opposite parties in various divisions including Faizabad, Lucknow, Gorakhpur, Varanasi, Allahabad, Azamgarh, Bareilly and Kanpur etc. This agreement was valid for a period upto 31-3-1997. The agreement was extended for a period ending 31-3-2002 vide agreement dated 18-10-1996. There is Arbitration Clause in the agreement, which is as follows :--'14. That in case of any dispute arises, the same shall be referred to the sole arbitration of the Managing Director, Garhwal Mandal Vikas Nigam Ltd. 74/1 Rajpur Road, Dehradun, U.P. whose decision shall be final and binding on the both the parties.' 2. The aforesaid agreement was executed in Dehradun which was in Uttar Pradesh on the date of the execution of the agreement.3. A dispute arose between the parties. On 5-1-2000, the petitioner made a w...
Ram Prasad Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Oct-08-2003
Reported in: (2004)1UPLBEC148
B.S. Chauhan, J.1. This writ petition has been filed against the judgment and order dated 16th July, 2003, passed by the learned Central Administrative Tribunal setting-aside the appointment of the present petitioner and issuing direction to the respondents to reconsider the whole case including the candidature of the respondent No. 4 in this petition.2. Facts and circumstances, giving rise to this case are that one vacancy of EDDA-EDMC, Shukulpur (Bharatganj), Allahabad became vacant on 5.12.1996. Three names were requisitioned from the Employment Exchange, Allahabad in 1997. However, the department considered it proper to invite the applications from the open market. For the same post advertisement was issued in the local newspapers having wide circulation in the area. In response thereto, large number of people had applied and there applications were considered.3. Candidature of the present respondent No. 4 was not considered for the reason that he did not apply in pursuance of the ...
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