Allahabad Court July 2003 Judgments
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Deo NaraIn Misra Vs. Director of Education and ors.
Court: Allahabad
Decided on: Jul-07-2003
Reported in: (2004)1UPLBEC206
Anjani Kumar, J.1. Heard learned Counsel for the parties.2. The petitioner, who alleges himself to be an employee, by means of this writ petition under Article 226 of the Constitution of India, has challenged the order dated 13th March, 1985 (Annexure '11' to the writ petition), passed by the Deputy Director of Education (Sanskrit), U.P., Allahabad, the opposite party No. 2 and is further seeking a mandamus for payment of salary from the State of U.P. under the provisions of the State Universities Act with effect from 12th April, 1982 to 31st March, 1985 and continue to pay future salary till he continues in service. The writ petition was filed in the year 1985 and no interim order was granted.3. The case set up by the petitioner in the writ petition is that the petitioner was appointed as Clerk by the Managing Committee in Sri Tulsi Smarak Sanskrit Mahavidyalaya, Rajapur, Banda on 1st November, 1981, through its Manager and he was working when the institution was brought on the list o...
Kanpur Aloo Arhati Association and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-07-2003
Reported in: (2003)2UPLBEC1588
M. Katju, J.1. This writ petition and other similar writ petitions are being disposed of by a common judgment. Writ Petition Nos. 43985 of 1997 and 43987 of 1997, relate to wholesellers of fruits and vegetables in Kanpur City. While Writ No. 27865 of 2000, Writ No. 27730 of 2000 and Writ No. 27711 of 2000 relate to foodgrains wholesellers. Writ Nos. 27731 of 2000 and Writ No. 27864 of 2000 relate to wholesellers of Khandsari.2. The petitioners in all these writ petitions are wholesallers of various Items e.g., foodgrains fruits and vegetables, khandsari sugar etc., in Kanpur City. The common grievance of all the petitioners in these writ petitions is that they have been asked to shift their business premises from the present place in the heart of Kanpur City e.g., Kidwai Nagar, Cooperganj, Collectorganj, etc., to a new market yard called the Navin Mandi Sthal at Naubasta (Hamirpur Road) which is at the outskirts of Kanpur City. All the petitioners have been informed that if they do not...
Jawahar Singh Vs. State of U.P. Through Secretary, Home Department and ...
Court: Allahabad
Decided on: Jul-07-2003
Reported in: (2003)3UPLBEC2040
Anjani Kumar, J.1. The petitioner, who was a police constable in U.P. Police, by means of present writ petition under Article 226 of the Constitution of India, has challenged the dismissal order dated 3rd August, 2002, copy whereof is annexed as Annexure-'1' to the writ petition, whereby the petitioner has been dismissed from service on different charges.2. Heard learned Counsel appearing on behalf of the petitioner and the learned Standing Counsel representing the respondents.3. The authority in exercise of power under Article 311(2)(b) of the Constitution of India, read with Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991, read with Section 8(2)(b), has passed the aforesaid order of dismissal. A perusal of the aforesaid Rule and the provision of Article 311(2)(b), clearly demonstrate that the punishing authority can dispense with the holding of departmental enquiry, if it comes to the conclusion that it is not possible to hold an enquiry for...
Moti Chand Yadav and ors. Vs. P.C. Sharma and ors.
Court: Allahabad
Decided on: Jul-07-2003
Reported in: (2003)3UPLBEC2327
Rakesh Tiwari, J. 1. The Contempt Application has been filed with the prayer to initiate suo moto contempt proceedings against the respondents for wilful and deliberate disobedience of the final judgment and order 12.12.2000 passed by this Court in Special Appeal No. 572 of 1993, Moti Chandra Yadav and Ors. v. State of U.P. and Ors..2. On 17.1.2002 the Contempt Application was admitted and notices were issued to the respondents. In compliance of the order of this Court dated 17.1.2002, office sent notices to respondents No. 1, 2 and 3 fixing 9.4.2002 have been received back with the following report:(1) The service report of OP. Nos. 1 and 2 has been returned back unserved with the remark that Sri P.C. Sharma, Principal Secretary, Ministry of Education (Secondary Education) has been transferred to Sugar Corporation.(2) Sri Sanjay Mohan, Director of Education (Secondary Education), U.P.,1 Allahabad is at present sitting at 18, Park Road, Lucknow.3. It was reported that the Service Repor...
Sanyukta Kaleen Mazdoor Sabha Vs. the State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Jul-07-2003
Reported in: (2003)3UPLBEC2223
Rakesh Tiwari, J.1. Heard Counsel for the parties.2. The respondent company is engaged in business of Export of Carpets does not have any manufacturing unite of its own.3. The Carpet manufacturing industry is a cottage industry. Most of the carpets are woven by the weavers at home. The respondent company had set up about 10 looms on experimental basis in the year 1968 at Guria factory, which at the relevant time was a production centre. Services of 48 bunkers/weavers engaged on the experimental looms were terminated by notice dated 12.4.1982, which is appended as Annexure 1 to the writ petition. The reason behind the closure of weaving section at Guria factory, was because of extremely bad economic recession in North America and Western Europe in the beginning of the 1982, which adversely affected the business of the respondents. According to the Employers there was drastic reduction of orders from these countries primarily because of high cost of production of Carpets in India, which ...
NaIn Singh Vs. the Principal Secretary, Public Works Department, U.P. ...
Court: Allahabad
Decided on: Jul-07-2003
Reported in: (2003)3UPLBEC2234
Rakesh Tiwari, J.1. Heard the Counsel for the parties and perused the record.2. All the aforesaid applications have been filed challenging the order of his transfer by the Petitioner and non-compliance of the order of this Court dated 20.2.2002 by which directing the authority concerned to decide the representation of the Petitioner preferably within a month in accordance with law.3. The Petitioner at the relevant time was posted as Executive Engineer (Provincial Division), Public Works Department, Banda. The Petitioner was transferred from Banda to Pratapgarh as Staff Officer. He challenged this order of transfer by means of Writ No. 42082 of 2001 as mala fide on the ground that it was without any reason as he has neither been transferred for any administrative reason nor in public interest. This Writ Petition was disposed of by a Division Bench of this Court with direction to the authority concerned to decide the representation of the Petitioner dated 5.12.2001 within one month from ...
Chief Engineer, U.P.J.N. Nigam and ors. Vs. Presiding Officer, Labour ...
Court: Allahabad
Decided on: Jul-07-2003
Reported in: (2003)3UPLBEC2245
Anjani Kumar, J.1. The employer UP. Jal Nigam, Mirzapur aggrieved by an award of the Labour Court, U.P., Varanasi dated 20th February, 1997, passed in adjudication case No. 106 of 1995, approached this Court by means of present writ petition under Article 226 of the Constitution of India, copy whereof is annexed as Annexure-'9' to the writ petition.2. The following reference was made to the Labour Court for adjudication :-^^D;k lsok;kstdksa }kjk vius Jfedvo/ks'k dqekj flag] iq= Jh djsnhu= in iEi vVs.MsaV dh lsok;sa fnukad 28-9-93 lslekIr fd;k tkuk mfpr rFkk@vFkok oS/kkfud gS ;fnugha] rks Jfed D;k vuqrks'k ikus dk vf/kdkjh gS ** 3. After the reference was received before the Labour Court, parties exchanged the pleadings and adduced evidence. The case set up by the workman before the Labour Court is that he was appointed by the employers on 1st April, 1990 on the post of Pump Attendant. His services were terminated with effect from 15th June, 1991, until then he was working with the empl...
L.P. Saxena Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Jul-07-2003
Reported in: (2003)3UPLBEC2248
Rakesh Tiwari, J.1. Heard the Counsel for the parties and perused the record.2. By means of the present writ petition, the petitioner has challenged the order dated 18.6.1996, whereby the petitioner has been awarded an adverse entry and was reverted to his original post of Junior Clerk/Routine Clerk.3. The facts of this case are that the petitioner was appointed in the year 1964 on the post of Routine Clerk. He was promoted on the post of Senior Assistant in the year 1985. An enquiry was conducted against the petitioner in 1981 in respect of some missing Form-31. In the enquiry the petitioner was found guilty vide enquiry report dated 3/4.6.1982 and responsibility was fixed upon one Sri V.K. Srivastava. After a lapse of 13 years a second enquiry was conducted by the Assistant Commissioner Trade Tax in the same matter/charges in which the petitioner was again exonerated from the charges. The relevant extract of the enquiry report dated 2.5.1995 is quoted below :^^eq>s ,d tkap vf/kdkjh d...
Executive Engineer, Vi Construction Division, U.P. Jal Nigam Vs. Presi ...
Court: Allahabad
Decided on: Jul-07-2003
Reported in: (2003)3UPLBEC2304
Anjani Kumar, J. 1. The petitioner-employer aggrieved by an award of the Labour Court, U.P., Varanasi dated 5th February, 1998 passed in Adjudication Case No. 88 of 1995, approached this Court by means of present writ petition under Article 226 of the Constitution of India, copy whereof is annexed as Annexure '6' to the writ petition.2. The following reference was made to the Labour Court for adjudication :- ^^D;k lsok;kstdksa }kjk vius Jfedfnus'k falag] iq= txjukFk flag] iEi vVs.MsaV dh lsok;sa fnukad 28-9-93 ls lekIrfd;k tkuk mfpr rFkk@vFkok oS/kkfud gS ;fn ugha]rks Jfed D;k fgrykHk ikus dk vf/kdkjh gS **3. After the service of notice, the parties have filed their respective written statement and adduced evidence, as they want to adduce before the Labour Court. The employer have set up a case that the services of the workman concerned were terminated by the order dated 20th June, 1991 and thereafter he had filed a writ petition before this Court, in which initially an interim order w...
Sanjay Kumar Vs. U.P. State and ors.
Court: Allahabad
Decided on: Jul-07-2003
Reported in: (2003)3UPLBEC2193
Y.R. Tripathi, J. 1. This petition has been filed for quashing the letter dated December 1, 1996 (Anncxurc-2) sent by the opposite party No. 3 to the petitioner informing him that he was not found fit for appointment.2. It appears that the petitioner had applied for being appointed as Constable in P.A.C. and he alongwith certain other candidates was ultimately selected for appointment. Thereafter papers were sent for Police verification, in which it was found that an F.I.R. at Crime No. 40/96 under Sections 147, 323, 504 and 506 I.P.C. was registered against the petitioner. The opposite party No. 3, on the basis of this information, held that the petitioner was not fit to be appointed and he accordingly issued the impugned letter which was served on the petitioner through the local Police. The petitioner has assailed the impugned Setter on the ground that mere lodging of the F.I.R, was not sufficient to hold him unfit for being appointed as Constable. The opposite parties have, in thei...
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