Allahabad Court November 2003 Judgments
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Chhedi Lal Singh Vs. Presiding Officer, Labour Court and anr.
Court: Allahabad
Decided on: Nov-25-2003
Reported in: 2004(1)AWC442; (2004)2UPLBEC1873
D.P. Singh, J.1. Heard Sri K. P. Agarwal, learned senior advocate assisted by Ms. Suman Sirohi for the petitioner and Sri P.K. Mukherji, for the contesting, respondents.2. This writ petition is directed against an award of the labour court by which the petitioner workman has been denied the relief of reinstatement and back wages.3. The relevant facts for decision of this petition are that the petitioner was appointed as a Fitter in the respondent company in October. 1969. Due to his long absence, his services were terminated w.e.f. 11th November, 1981. This resulted in a reference which was registered as Adjudication Case No. 11 of 1983. The labour court after giving both the parties sufficient opportunity came to hold that the termination of the petitioner due to his long absence was justified and he was entitled to no relief at all.4. Learned counsel for the petitioner has raised two submissions in support of this petition. Firstly, automatic loss of lien under the Standing Orders wa...
Nusrat Abbas Vs. U.P. Avas Evam Vikas Parishad and ors.
Court: Allahabad
Decided on: Nov-25-2003
Reported in: 2004(2)AWC1047
N.K. Mehrotra, J.1. Both the writ petitions relate to the promotion of the petitioner on the post of Assistant Director (Horticulture) in U.P. Avas Evam Vikas Parishad. Therefore, both these writ petitions are disposed of together by this judgment.2. By means of Writ Petition No. 1570 (S/S) of 2002, the petitioner sought the relief by way of a writ in the nature of mandamus directing the opposite party Nos. 1 and 2 to send the name of the petitioner before the Departmental Promotion Committee scheduled to be held on 8.3.2002 for the promotion of the petitioner from the post of Horticulture Inspector to the Assistant Director (Horticulture) and to treat him senior to the opposite party No. 3 taking his ten years continuous service on the post of Horticulture Inspector and not to reject his candidature on the ground of non-completion of ten years service on the post of Horticulture Inspector in view of the decision of the opposite parties dated 18.4.2001 and 6.2.2002 in which the petitio...
R.K. Gupta Vs. Member Secretary, National Council for Teachers Educati ...
Court: Allahabad
Decided on: Nov-25-2003
Reported in: (2004)1UPLBEC1016
Rakesh Tiwari, J.Rakesh Tiwari, J.1. Heard the counsel for the parties and perused the record.2. This writ petition has been filed by the petitioner challenging the validity and correctness of the order dated 1.5.2000 passed by the Regional Director, National Council for Teachers Education (hereinafter referred to as N.C.T.E.) Annexure-3 to the writ petition and the order dated 30.6.2000 passed by the Member Secretary, National Council for Teachers Education (N.C.T.E.) Annexure-10 to the writ petition, rejecting the appeal by confirming the order of the Northern Regional Committee (N.C.T.E.), Jaipur dated 1.5.2000 refusing recognition of the institution.3. The admitted facts as called out from the record are that the petitioner is the Chairman of K. K. Ideal Education Society, which was registered on 3.8.1998 under the provisions of the Societies Registration Act, 1860. It is alleged that for the purpose of imparting B.Ed. education to the students, the Society moved an application on ...
Mathura Vrindavan Development Authority and ors. Vs. State Public Serv ...
Court: Allahabad
Decided on: Nov-25-2003
Reported in: (2004)1UPLBEC766
M. Katju and Umeshwar Pandey, JJ.1. Heard learned counsel for the petitioners.2. None has appeared for the respondent No. 2 although, Sri Dev Pratap Singh, advocate has filed his vakalatnama on behalf of the respondent No. 2 and his name has been shown in the cause list.3. The facts of the case have been set out in the order dated 26.10.1999 passed by the U. P. Public Services Tribunal. It appears that the respondent No. 2 was appointed on the post of clerk-cum-typist on daily wage basis w.e.f. 12.9.1994 in the service of the petitioner, Mathura Vrindavan Development Authority, Mathura. As stated in para 3 of the writ petition, the respondent No. 2 Km. Anju Rani submitted an application dated 26.12.1995 to the Secretary/Vice Chairman of the Development Authority seeking appointment to the post of Clerk. Without any advertisement or selection and merely on the aforesaid application submitted to the petitioner, an order dated 30.12.1995 was issued by the Secretary of the petitioner (copy...
Allah Rakha and ors. Vs. NizamuddIn Alias Jammu and ors.
Court: Allahabad
Decided on: Nov-21-2003
Reported in: 2004(1)AWC400
Prakash Krishna, J.1. This is defendant's appeal. It arises out of Original Suit No. 263 of 1976 filed by the plaintiff respondent for mandatory injunction directing the defendants to deliver possession of the disputed house. The suit has been decreed by both the courts below.2. The plaintiff is the son of Ali Bux. Sri Ali Bux had purchased the property by means of registered sale deed dated 5th January, 1930. He constructed a house after taking permission from the Municipal Board in the year 1935. After the death of Sri Ali Bux the plaintiff being the son inherited the property. The father of the defendants was the brother of All Bux. Ali Bux permitted his brother to live in the house as he was living in a tenanted house. Ali Bux gave a licence to the father of the defendants to live in the disputed house. The said licence has been revoked by the plaintiff by means of a registered notice dated 21.6.1976. A suit was filed for mandatory injunction directing the defendants to hand over p...
Beni Madhav Yadav and ors. Vs. District Inspector of Schools and anr.
Court: Allahabad
Decided on: Nov-21-2003
Reported in: 2004(1)AWC447; (2004)1UPLBEC629
ORDERRakesh Tiwari, J.1. Heard counsel for the petitioner and perused the record.2. Shri Langtoo Baba Intermediate College, Hariha Kalan, is a recognised institution managed by a registered society. It is governed by the U.P. Intermediate Education Act, 1921. The institution at present is being managed by the Prabandh Sanchalak (respondent No. 2). He was appointed by the Deputy Director of Education on 5.8.1991. While deciding the dispute of committee of management the Deputy Director also issued direction to the Prabandh Sanchalak to hold the elections of the committee of management within four months. Aggrieved by the aforesaid order of the Deputy Director of Education, the committee of management filed Writ Petition No. Nil of 1991, Committee of Management, Langtoo Baba Intermediate College and Ors. v. Deputy Director of Education, Vth Mandal, Varanasi. The writ petition was disposed of by this Court vide order and judgment dated 23.9.1991, with a direction to the Prabandh Sanchalak...
Jag NaraIn and ors. Vs. Satya NaraIn Singh and ors.
Court: Allahabad
Decided on: Nov-21-2003
Reported in: 2004(1)AWC395
Prakash Krishna, J.1. This is defendant's appeal. It arises out of Original Suit No. 418 of 1970 filed for mandatory injunction in respect of a piece of land marked as E.F.G.O. in the map attached to the plaint.2. The plaintiff respondents filed a suit for demolition and injunction on the allegation that Plot No. 605 belongs to plaintiffs' father and uncle, etc. The area one Bigha five Biswas of the said plot belong to the plaintiffs' father. The plaintiffs and his collaterals are in occupation of the said plot. The said plot is also recorded in the revenue record in the name of the plaintiffs. A lease of one biswa area was granted on 2.1.1951 to Sri Kedar Lal (Originally the defendants who died during the pendency of the suit) Sri Kedar Lal built a house over it. The defendant Kedar Lal started making construction over a piece of land towards east which was not leased out to him in June 1970 and failed to stop the work inspite of protest from the plaintiffs. Consequently, the suit for...
Rakesh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-21-2003
Reported in: 2004(1)AWC431
ORDERM. Katju, J. 1. This writ petition has been filed against the impugned order dated 31.1.1996 Annexure-14 to the writ petition by which the petitioner after an enquiry has been reverted from the post of Assistant Inspector General (Registration) to the post of Registrar.2. Heard learned counsel for the parties.3. The petitioner is a Class II officer in the employment of the State Government. He joined the service as Sub-Registrar from 13.2.1970 on probation and he was confirmed on 13.2.1972. He as promoted as Assistant Inspector General (Registration) on 3.8.1991 and was posted at Bulandshahr. It is alleged in paragraph 2 of the writ petition that the respondents 3 and 4 had some grudge against the petitioner and hence a preliminary enquiry was conducted in connection with the letter dated 16.3.1994 written by the Inspector General (Registration) to the petitioner vide Annexure-1 to the writ petition. By this letter the petitioner was asked to explain why the record of the order da...
Akhileshwar Pandey Vs. Registrar Co-operative Societies and ors.
Court: Allahabad
Decided on: Nov-21-2003
Reported in: 2004(2)AWC1231; (2004)1UPLBEC714
ORDERM. Katju, J.1. This writ petition has been filed against the impugned orders dated 23.8.1999 and 6.9.1999 vide Annexures-7 and 9 to the writ petition.2. By those orders one Kashinath Rai was directed to take over charge of Sadhan Sahkari Samiti, Mundera Guzurg, Ghazipur from the petitioner. The petitioner has alleged in para 2 of the writ petition that he has been working as Additional Secretary and later on as Secretary since 29.9.1989, i.e., for more than 10 years and the Impugned orders are arbitrary and against the principles of natural justice.3. However, from the counter-affidavit it appears that the petitioner has concealed very material facts. In para 4 of the counter-affidavit it is stated that a circular was issued by the Registrar, Co-operative Societies dated 19.9.1988 which provides for appointment of Secretary of Primary Agriculture Credit Societies, under the 12 point Rehabilitation Programme for a period of 3 years only. By the circular dated 7.4.1989 it was clarif...
Mahesh Chandra and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-21-2003
Reported in: 2004(2)AWC1222
R.K. Dash, J.1. In the instant writ petition filed under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs :(1) To issue a writ, order or direction in the nature of mandamus commanding the respondents not to enforce the impugned land acquisition proceedings against the petitioners on any ground and in any manner whatsoever.(2) To Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere with the actual physical possession of the petitioners in respect of Plot No. 322 area 3-3-15 situate in village pargana, Tehsil Khairagarh, district Agra.(3) To Issue a writ, order or direction in the nature of mandamus commanding the respondents to take follow up action in pursuance of orders of civil court dated 31.5.1984 and 22.8.1990.(4) To issue ad interim mandamus commanding the respondents neither to interfere with the actual physical possession of the petitioners in respect of Plot No. 322, area 3-3-15, s...
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