Allahabad Court May 2003 Judgments
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Allahabad Bank Vs. the Presiding Officer, Central Government Industria ...
Court: Allahabad
Decided on: May-23-2003
Reported in: (2003)3UPLBEC2362
D.P. Singh, J.1. Heard learned Counsel for the parties.2. The petitioner Bank challenges orders dated 1.5.1985 and 18.2.1986 passed by the Industrial Tribunal in a reference arising out of termination of Respondent No. 2 workman, which reference is still pending before the Tribunal to be answered.3. Brief facts for the decision of this petition are that the respondent workman while working as a Clerk in the petitioner Bank was suspended vide order dated 30.8.1971 when a fraud was detected and first information reports were lodged. As it is in such cases the crimination investigation came to naught. Without any success, the respondent workman challenged his suspension in a suit. A departmental enquiry was set in motion and a charge-sheet dated 3.12.1974 was served upon him. The charges related to specific cases of forgery in the ledger account of the one individual who interestingly made payment through cheques in favour of a firm in the name of the wife of the workman himself. In the d...
U.P. State Electricity Board and anr. Vs. Labour Court (iv) and anr.
Court: Allahabad
Decided on: May-23-2003
Reported in: (2003)3UPLBEC2365
Rakesh Tiwari, J.1. Heard Counsels for the parties.2. This petition arises out of award dated 30.11.1985 passed by Labour Court (IV), Kanpur in Adjudication Case No. 5 of 1985 between the U.P. State Electricity Board (which is hereinafter called as 'the UPSEB' or 'the Board') and another and the Kanpur Bijali Mazdoor Sabha. The aforesaid award was enforced by publication by the State Government on the Notice Board on 15.1.1986.3. Brief facts of the case are that an industrial dispute was espoused by 'Kanpur Bijali Mazdoor Sabha in 'respect of 8 workers for giving them the designation and corresponding pay. scale of bus conductor. The matter was referred to Labour Court (I), U.P., Kanpur where it was registered as Adjudication Case No. 5 of 1985.4. The case of the Union in respect of 8 workers, in the order of reference, was that they were designated as helpers, but, in fact, they were performing the work of bus conductors and as Such, were entitled for designation and correspondingpay ...
Abha Upadhyaya (Smt.) Vs. Addl. Director of Education and ors.
Court: Allahabad
Decided on: May-23-2003
Reported in: (2003)3UPLBEC2368
Rakesh Tiwari, J.1. Heard Counsel for the parties.2. This writ petition has been filed challenging the impugned order of transfer dated 25.7.2000 which has been stayed by interim order dated 17.8.2000 in this petition.3. The Counsel for the petitioner submits that the petitioner was posted at Primary Vidyalaya, Panchpahara Kabarai on 1.9.1998. The petitioner was suffering from Heart disease and was under the treatment of Chief Medical Officer, Mahoba and was referred to Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow, where her condition became serious and still under treatment of Chief Medical Officer, Mahoba.4. Apart from the above health grounds this petition has been filed on the ground of problem of education of her children who were studying in Class 7th and 8th at Mahoba at the time the petition was filed.5. The children who were studying in Class 7th and 8th must have passed out to Class 10th now as more than 3 years have passed since the filing of the writ p...
Abdul Rahman Ansari Vs. Collector and anr.
Court: Allahabad
Decided on: May-23-2003
Reported in: (2003)3UPLBEC2370
Rakesh Tiwari, J. 1. Heard Counsel for the parties.2. By means of this petition the petitioner has challenged his order of transfer dated 21.8.2000 which is alleged to be out come of a complaint against him.3. It is submitted that Tehsildar, Tamkuhiraj was making illegal deduction of Rs. 50/- from the salary of the Lekhpals and accordingly complaint was made to the higher authorities by the petitioner as President of Lekhpal Sangh on 8.10.1996. When the grievance of the Lekhpals of Tehsil Tamkuhiraj was not redressed the petitioner submitted representations dated 30.1.1997 and 14.2.1997 to the authorities. Consequently the Collector by letter dated 6.5.1997 wrote to the Sub-Divisional Officer, Sadar to ensure that payment of salary to the Lekhpals is made without any deduction and without and delay.4. The aforesaid order dated 21.8.1997 was challenging by means of Writ Petition No. 28861 of 1997 wherein following ad-interim order was passed by this Hon'ble Court on 2.9.1999:-'Learned S...
Shashi Kant Pandey Vs. Executive Engineer, Anusandhan Avam Niyojan, Ja ...
Court: Allahabad
Decided on: May-23-2003
Reported in: (2003)2UPLBEC1738
R.B. Misra, J.1. Being arrived by the order of removal dated 20.11.1998 the petitioner has filed this writ petition for direction to the respondents to reinstate the petitioner.2. I have heard learned Counsel for the petitioner as well as learned Counsel representing the respondents.3. The relevant facts necessary for adjudication of this writ petition are that the petitioner was appointed to the post of Seenchpal on a temporary basis in Sinchai Khand, Second Division, Deoria. He joined the post on 3.11.1987 and thereafter the petitioner was posted at different places including Pump Canal Division (II), Ghazipur from 30.6.1994 to 3.2.1997, the petitioner remained at Sinchai Nirman Khand, Ghazipur on 4.2.1997, thereafter, he was transferred to Anusandhan Avam Niyojan, Jal Sansadhan Khand, Varanasi. The petitioner's services were made permanent by an order dated 24.7.1993, w.e.f, 7.2.1991. It appears that the petitioner also appeared in the examination of Seenchpal Parivekshak and he was...
Rupendra Singh Vs. Chief Engineer, Hydro Electric, U.P. Power Corporat ...
Court: Allahabad
Decided on: May-23-2003
Reported in: (2003)3UPLBEC2298
S.N. Srivastava, J.1. By means of the present petition the petitioner seeks issuance of a writ of mandamus directing respondents to offer appointment on the post of clerk in the department.2. The facts forming background to the present petition are that Satpal Singh, father of the petitioner who was serving as clerk in the Distribution Division at Baghpat died-in-harness on 31.12.1993. The petitioner being minor at the relevant time and the widow who according to the allegations in the writ petition was shockingly unaware of the consequences could apply for compassionate appointment after lapse of a span of six years and the said application was acted upon by the General Manager, U.P. Power Corporation, Meerut Region, Meerut who commended the case for compassionate appointment to the Head Office the quintessence of which was that though the application had been made after a lapse of six years beyond the time limit prescribed in the Dying-in-Harness Rules, yet in peculiar circumstances ...
Agra Public School Vs. U.P. Avas Evam Vikas Parishad and ors.
Court: Allahabad
Decided on: May-23-2003
Reported in: (2003)3UPLBEC2373
M. Katju, J. 1. Heard learned Counsel for the parties.2. The petitioner has prayed for a writ of certiorari to quash the impugned order dated 30.1.91/4.2.91 together with the result dated 11.12.90 Annexure-1 to the writ petition. The petitioner has prayed for a mandamus directing the respondents to make allotment of the land in question in favour of the petitioner.3. The petitioner is a Society registered under the Societies Registration Act and has been running a school called Agra Public School, which is recognized upto High School. It has about 2700 students of which about 50% are girls. The school was initially started as a Primary School but later it developed and hence requires mfore land. The petitioner applied for allotment of land to Respondent No. 1 and the Respondent No. 1 wrote a latter dated 4.1.98 stating that the Manager should apply when an advertisement is made. Thereafter an advertisement was published on 21.8.99 vide Annexure-3 to the writ petition. The respondent is...
Saurashtra Chemicals Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: May-23-2003
Reported in: [2006]143STC368(All)
R.B. Misra, J.1. These are three revisions have been preferred under Section 11 of U.P. Trade Act, 1948 (in short called 'the Act') relating to the assessment years 1983-84, 1984-85 and 1985-86.Heard Sri Rajes Kumar, learned Counsel for the applicant-revisionist as well as Sri KM. Sahai, learned Standing Counsel for the revenue/Commission trade tax/State Government.2. The brief facts necessary for adjudication are that appellant is a public limited company with its head office at Porbandar and sales depot at Kanpur. According to the appellant/revisionist, it deals in soda ash, soda caustic and soda bicarbonate, etc. The head office transfers the goods to the sales depot/appellant against form F and form XXXI. Goods transfer advices are issued by the head office in round figures. During the assessment year 1983-84, although the assessing authority accepted the gross turnover, but at the same time, enhanced the net turnover by admission of cartage disallowing form 3 Kha and lastly by tax...
National Insurance Company Vs. Hari Prakash and ors.
Court: Allahabad
Decided on: May-23-2003
Reported in: III(2003)ACC333
S.P. Srivastava, J.1. The appellant has filed the present appeal under Section 173 of the Motor Vehicles Act feeling aggrieved by the award determining an amount of Rs. 1,52,200/- (One lac fifty two thousand and two hundred) as compensation to which the injured-claimant was found entitled to on account of grievous injuries received by him in an accident involving the offending motor vehicle insured by the present appellant covering the risk.2. The Tribunal, after considering the evidence and material brought on record, had come to the conclusion that the injured was aged about 29 years at the time of the accident and was having an income of Rs. 1,500/- per month. For the expenditure incurred by the injured on his medical treatment, the Tribunal had found it appropriate to award an amount of Rs. 50,000/- and for diet etc. another amount of Rs. 5,000/-. The extent of permanent disability was found to be only 30%.3. Learned Counsel for the appellant has not disputed that no effort was mad...
U.P. Forest Corporation Vs. Itat
Court: Allahabad
Decided on: May-23-2003
Reported in: [2004]135TAXMAN558(All)
ORDERHeard Sri S.P. Gupta, learned Senior Advocate with Sri Tarun Agarwala learned counsel for the petitioner and Sri Prakash Krishna learned counsel for the respondent.2. In all these writ petitions the order dated 21-6-2000 passed by Income Tax Appellate Tribunal (hereinafter referred to as Tribunal), Allahabad in Misc. Application No. 19 of 2000 (Annexure 1) has been challenged along with prayer of seeking direction to the Commissioner (Appeals) to consider the other grounds of the petitioner raised in the memo of appeal with further prayer for quashing the order dated 28-4-1999 (Annexure 5) of Tribunal, Allahabad insofar as it confirmed the assessment order dated 3-8-1989 for the years 1979-80,1980-81, 1981-82, 1982-83, 1983-84 and 1988-89 in respect of grounds/issues which had not been adjudicated upon by the Commissioner (Appeals) and to keep the assessment proceedings pending till the adjudication of those grounds by the Commissioner (Appeals), Lucknow is completed. The petition...
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