Allahabad Court February 2003 Judgments
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Kailash Motors Vs. Presiding Officer, Labour Court (i) and ors.
Court: Allahabad
Decided on: Feb-07-2003
Reported in: (2003)3UPLBEC2407
V.M. Sahai, J.1. The question which has been referred to Larger Bench by the learned Single Judge is extracted blow:-'Whether removal of name of a workman from the muster-roll on the ground of abandonment amounts to retrenchment as contemplated by the Industrial Disputes Act, 1947 and the Uttar Pradesh Industrial Disputes Act, 1947?'2. The facts in brief are that the petitioner is a small-scale unit engaged in sales and purchase of Tata Diesel Vehicles, Bajaj Scooters and other auto vehicles and was employing about 40 workmen. The establishment of the petitioner is a shop within the meaning of U.P. Shops and Commercial Establishments Act, 1962. The State of Uttar Pradesh has framed standing orders which are known as Standing Orders, 1972 which came into force under Section 3(b) of the U.P. Industrial Disputes Act, 1947 (in brief the U.P. Act) with effect from 14.8.1972. Sri Pratap Singh, the Respondent No. 3 (in brief the workman), was employed on 7.4.1971 in the petitioner's establish...
Om Prakash Jaiswal and ors. Vs. Shekhraj Hotel (P) Ltd.
Court: Allahabad
Decided on: Feb-05-2003
Reported in: [2004]122CompCas255(All); [2004]50SCL59(All)
Sunil Ambwani, J. 1. The above application has been filed to recall ex parte order dated 9.8.2002 by which the company was wound up by this court.2. I have heard Sri Shashi Nandan, assisted by Sri Vishram Tiwari, Advocates, for applicant, and Sri R.P. Agarwal, for the petitioners.3. A creditor's winding up petition was filed by petitioners towind up Shekhraj Hotels (P) Ltd. with its registered office at New Colony, Aam Ghat, Ghazipur (U.P.) on the ground that it has failed to pay an amount of Rs. 23,81,400 which includes the principal amount of Rs. 13,01,000 and the agreement dated 28.3.2000 executed by the company with the petitioners and further a sum of Rs. 4,00,000 given on 6.4.2000 along with agreed interest @ 2% per annum in spite of statutory notice dated 18.12.2001 which was sent by post to the registered office of the company at New Colony, Aam Ghat, Ghazipur, as well as to its old registered office located earlier at 14/44 Prag Narain Road, Lucknow. Notices were issued by thi...
Ram Chandra Pathak Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-05-2003
Reported in: 2003(2)AWC1348
Sunil Ambwani, J. 1. By theaforesaid batch of writ petitions, the employees of U. P. State Road Transport Corporation, retired from non-pensionable post, have once again approached this Court with prayers directing respondents to award pension and other pensionary benefits, after taking back employee's share of provident fund from them. They have also claimed arrears of pension from the date of superannuation with interest @ 18%.2. I have heard Sri V.K. Bunnan, Sri I.R. Singh, Sri R.K. Ojha, Sri K.C. Shukla, and Sri Ranjeet Saxena, advocates for petitioners ; and Sri Sameer Sharma for U. P. State Road Transport Corporation. 3. The State Government, established a temporary department in '1947, known as U. P. Government Roadways to run its own transport service. On 16.9.1960, a Government order was issued laying down revised terms and conditions of temporary employees of the Roadways. On 28.10.1960, another Government order was issued declaring certain posts in transport and roadways dep...
Allahdeen Vs. Dy. Director of Consolidation and ors.
Court: Allahabad
Decided on: Feb-05-2003
Reported in: 2003(2)AWC1484
ORDERS.N. Srivastava, J. 1. This petition has been filed assailing the order dated 8.1.2003 passed by Deputy Director. Consolidation. Basti on the premises that it has been passed without scanning the merit of the facts on record most vital and material to the controversy involved.2. From the perusal of the record, it transpires that the dispute in the present petition lies in a narrow compass. In fact plot No. 540 forms background to the dispute involved in this petition. The plot in question i.e., Plot No. 540 lies in village Majhauwa Khajuri Tappa Padia, District Basti and it is claimed to be the original holding by the petitioner. During consolidation operation, the petitioner claims to have been allotted two chaks by the Assistant Consolidation Officer--one comprising in plot No. 540 and another in plot No, 523. It is submitted by the petitioner that the matter had then attained finality inasmuch as no objection or appeal had been filed within the prescribed period of limitation a...
Power Measurement Ltd. Vs. U.P. Power Corporation Ltd. and ors.
Court: Allahabad
Decided on: Feb-05-2003
Reported in: 2003(2)AWC1642b
Jagdish Bhalla, J. 1. Petitioner, a foreign Power Measurement Limited company having no office in India, engaged in manufacturing of 0.2S and 0.5S Accuracy Class Energy Meters and other metering components has approached this Court under Article 226 of the Constitution against the decision of respondent No. 1--U.P. Power Corporation Limited to award contract for the supply, installation testing and commissioning of 0.2S Accuracy Class Static Electronic Trivector Energy Meters in favour of respondent No. 5--M/s. Secure Meters Limited, Udalpur, on the ground that the bid of the respondent No. 5 is second lowest and expensive than the bid of the petitioner and as such the decision of respondent No. 1 is not only arbitrary and unreasonable but is also mala fide. Petitioner has, therefore, inter alia prayed to quash the decision of respondent No. 1 awarding contract to respondent No. 5 and further to direct the respondent Nos. 1 and 3 to award the contract to the petitioner company forthwit...
Subhash Chandra Kesarwani Vs. Assistant Registrar, Firms, Societies an ...
Court: Allahabad
Decided on: Feb-05-2003
Reported in: AIR2003All254
ORDERSunil Ambwani, J. 1. Heard Sri R. N. Singh, Senior Advocate, assisted by Sri A. K. Goel for petitioner, and Sri Ravi Kant for respondent No. 2, Standing Counsel represents respondent No. 1. 2. Petitioner has challenged orders dated 8-8-2002 passed by Assistant Registrar, Firms Societies and Chits, Allahabad rejecting petitioner's representation; and the registration of respondent No. 2 firm dated 12-10-2001 on the basis of declaration in Form-VII dated 3-10-2001 and has prayed for a direction to Assistant Registrar Firms Societies and Chits, Allahabad not to give effect to the impugned registration dated 12-10-2001. 3. The facts giving rise to this case are that M/s. Kesarwani Zarda Bhandar, Village and Post/Sahson, Allahabad-respondent No. 2 was reconstituted by partnership deed executed on 4-4-1998 between 16 partners, in accordance with the provisions of the Indian Partnership Act, 1932 (hereinafter referred to as the 'Act'). Clauses 5, 22, 24, 25 and 26 of the Partnership deed...
Ashok Kumar Shukla Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-05-2003
Reported in: 2003CriLJ2699; II(2003)DMC93
Y.R. Tripathi, J.1. The petitioner, husband of opposite party No. 4, through this petition, has sought for issuance of a writ of certiorari quashing the order No. 7476/Ma.Ka.Ni de/Da. Pa. Adhi/Jach/ 2001-02 dated 22-9-2001, contained in Annexure-1 to the writ petition whereby the Chief Dowry Prohibition Officer entertaining an application of Smt. Namita Shukla against the order dated 13-10-1999 of Dowry Prohibition Officer, Lucknow rejecting her complaint against the petitioner, has cancelled the said order of 13-10-1999 purportedly in exercise of his appellate jurisdiction. The petitioner has also prayed for issuance of a mandamus commanding the opposite parties 2 and 3 not to act upon the aforesaid order.2. The facts leading to this petition are a few and lie in narrow compass. Indisputably the petitioner got married with opposite party No. 4 on 23-4-1998. It appears that after their marriage, some differences arose between them and both the parties crossed swords against each other....
Pramod Kumar Vs. State of U.P.
Court: Allahabad
Decided on: Feb-05-2003
Reported in: 2003CriLJ2718
M.C. Jain, J.1. This appeal has been filed by the appellant Pramod Kumar against the judgment and order dated 21st April, 1980 passed by Sri B. D. Agarwal, the then. Sessions Judge. Saharanpur in Sessions Trial No. 64 of I960, convicting him under Section 302, I.P.C. and sentencing him to life imprisonment.2. The facts of the matter may be related shortly. The incident took place on 24-11-1979 at about 11.45 a.m. opposite the Labour Gate of Lord Krishna Textile Mills, Saharanpur. The deceased was Malkhan Singh and report was lodged by his brother Raj Bahadur PW-2 at the concerned police station the same day at 1.15 p.m. The deceased aged about 18 years was employed by a contractor Jagdish Prasad in the printing section of the said Mills in July 1979 and the accused was also employed in the same section. The worker used to observe lunch between 11.30 a.m. and 12.30 p.m. On the fateful day and time, there was a quarrel between the deceased and the accused opposite the Labour Gate of the ...
Moti Lal Vs. District Magistrate and anr.
Court: Allahabad
Decided on: Feb-05-2003
Reported in: (2003)1UPLBEC736
Ashok Bhushan, J.1. Heard Sri R.N. Upadliaya, the learned Counsel for the appellant as well as the learned Standing Counsel appearing for the respondents.2. By this special appeal, the appellant has challenged the judgment of learned Single Judge dated 19.12.2002 passed in Writ Petition No. 54394 of 2002 (Moti Lal v. District Magistrate, Lalitpur and Ors.) dismissing the writ petition.3. Brief facts giving rise to this appeal are; the appellant is an elected Pradhan of Gram Panchayat Kalyanapura, Block Virdha, Tahsil and District Lalitpur. Up- Pradhan made a complaint against the appellant. On the complaint a preliminary enquiry was directed. The complaint was signed by several other villagers along with Mangal Singh, Up-Pradhan. An affidavit was also filed by Mangal Singh sworn by Oath Commissioner, Land Conservation Officer and Project Officer conducted preliminary enquiry and submitted preliminary enquiry report dated 13.10.2002. A show cause notice was issued to the appellant by th...
Smt. Archana Vs. Dr. P.K. Tomar
Court: Allahabad
Decided on: Feb-04-2003
Reported in: AIR2003All214; 2003(2)AWC1119
B.K. Rathi, J.1. This is an appeal under Section 96 of the C.P.C. against the judgment and order dated 7.2.2002 passed by District Judge, Ghaziabad by which he allowed the petition of the respondent and decreed the petition for dissolution of marriage by the decree of divorce.2. The respondent who is resident of C-538 Sarojini Nagar, New Delhi filed the petition against the appellant alleging that the appellant is resident of 453/5 Brahampuri, Meerut and is in service as social worker inL.L.R. Medical College, Meerut. The marriage between the parties was solemnized on 13.12.1996 at Meerut according to Hindu rites and ceremonies. That at the time of the marriage it was agreed that the appellant will resign from the job at Meerut and Join the company of the respondent at Delhi and discharge her marital obligations. However, the appellant did not resign from the job as agreed and on the other hand, her behaviour became intolerable and cruel. She several times humiliated the respondent and...
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