Allahabad Court July 2003 Judgments
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State of U.P. and anr. Vs. the Presiding Officer, Labour Court-ii and ...
Court: Allahabad
Decided on: Jul-07-2003
Reported in: (2003)3UPLBEC2312
Anjani Kumar, J. 1. Petitioners-employers aggrieved by an award of the Labour Court, U.P., Varanasi dated 24th February, 1996, passed in Adjudication Case No. 67 of 1994, approached this Court by means of present writ petition under Article 226 of the Constitution of India, copy whereof is annexed as Annexure '1' to the writ petition.2. The following reference was made to the Labour Court for adjudication :^^D;k lsok;kstdksa }kjk vius JfedJh ukgj flag iq= Jh jke flag] in csynkj dh lsok;sa fnukad 30-6-92 ls lekIr fd;ktkuk mfpr rFkk oS/kkfud gS ;fn ugha] rks lacaf/kr Jfed fdl fgrykHk@{kfriwfrZikIr djus dk vf/kdkjh gS vU; fdl fooj.k lfgr **3. After the reference was received, both the parties have filed written statement and adduced evidence before the Labour Court. The case set up by the petitioners-employers was that the concerned workman was a muster role employee, therefore, he is not entitled for any relief whatsoever and the termination of his services cannot be said to be bad in ac...
Nagar Palika Parishad, Through Its Executive Officer and anr. Vs. Pres ...
Court: Allahabad
Decided on: Jul-07-2003
Reported in: (2003)3UPLBEC2314
1. The employers Nagar Palika Parishad, Mirzapur aggrieved by an award of the Labour Court, U.P., Allahabad dated 13th March, 1995, passed in Adjudication Case No. 38 of 1993, which is an ex-parte award and the order dated 6th June, 1997, refusing to set-aside the ex-parte award, approached this Court by means of present writ petition under Article 226 of the Constitution of India copies whereof are annexed as Annexures 7' and 'IT to the writ petition. 2. The following reference was made to the Labour Court for adjudication :- ^^D;k lsok;kstdksa }kjk vius Jfed@deZpkjh Jh jke ukjk;u] VSDl dysDVj dh lsok;sa fnukad 11-11-1976 ls lekIr fd;k tkuk mfpr rFkk@vFkok oS/kkfud gS ;fn ugha] rks lacaf/kr Jfed@deZpkjh D;k fgrykHk fjyhQ ikus dk vf/kdkjh gS ,oa fdl fooj.k lfgr ** 3. The Labour Court has given the aforesaid award ex-parte after recording a finding that inspite of service of notice from the Labour Court by Registered Post A/D, nobody appeared on behalf of the employers. The employers th...
Shiv Sagar Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Jul-07-2003
Reported in: (2003)3UPLBEC2816
Anjani Kumar, J.1. The petitioner-workman aggrieved by an award of the Central Government Industrial Tribunal-cum-Labour Court, Kanpur (hereinafter referred to as the 'Labour Court') dated 3rd October, 1997, which was published on 22nd October, 1997, passed in adjudication case No. 45 of 1996, approached this Court by means of present writ petition under Article 226 of the Constitution of India, copy whereof is annexed as Annexure-T to the writ petition.2. The following dispute was referred to the Labour Court for adjudication :-'Whether the management of Northern Railway is just in refusing regularisation of employment of Shri Shiv Sagar, S/o Shri Bhagwan Das as a regular fitter in the open line at present employed as a ad hoc fitter under C.T.F.O. (Construction) of the management? If not, to what relief the worker concerned is entitled to?'.3 The facts, which are not in dispute, are that the concerned workman was appointed as Electric Khalasi on 21st November, 1980. He was given temp...
D.C.M. Sriram Industries, Unit-daurala Sugar Works Vs. Presiding Offic ...
Court: Allahabad
Decided on: Jul-07-2003
Reported in: (2003)3UPLBEC2817
Anjani Kumar, J.1. Petitioner-employer aggrieved by an award of the Labour Court, U.P., Varanasi dated 8th August, 1997, passed in Adjudication Case No. 75 of 1991, approached this Court by means of present writ petition under Article 226 of the Constitution of India, copy whereof is annexed as Annexure-'1' to the writ petition.2. The following reference was made to the Labour Court for adjudication :-^^D;klsok;kstdksa }kjk vius Jfed Jh txchj falag iq= Jh rksrkjke] flD;ksfjVh xkMZ dksfnukad 24&10&88 ls dk;Z i`Fkd@oafpr fd;k tkuk vuqfpr rFkk@vFkok voS/kkfud gS ;fngkW] rks lEcfU/kr Jfed D;k ykHk@vuqrks'k fjyhQ ikus dk vf/kdkjh gS]rFkk vU; fdl fooj.k lfgr ** 3. After the reference was received, both the parties have filed written statement and adduced evidence before the Labour Court. The case set up by the concerned workman before the Labour Court was that he was working with the employer with effect from October, 1982 and since then he is continuously working with hard work and honesty ...
Sunshine International Vs. Cegat,
Court: Allahabad
Decided on: Jul-04-2003
Reported in: 2003(89)ECC429
Prakash Krishna, J.1. This petition is directed against the order dated 22 March, 2001 passed by the respondent No. 1 in appeal No. C/37/2001-NB. By the said order the application of the petitioner for stay-cum-waiver has been rejected ex-parte. On the perusal of the order of the respondent No. 1 it appears that a notice fixing the date was served on the petitioner. The petitioner made an endorsement on the copy of the notice to the effect that the business partner is on export promotion tour and busy in personal matter. It was prayed by the said endorsement that next date for personal appearance be fixed in the last week of May, 2001.2. The Tribunal refused to adjourn the case and proceeded to decide the waiver-cum-stay application ex-parte. The Tribunal directed the appellants to pre-deposit the full duty amount of Rs. 24,876 within a period of 8 weeks from the date of receipt of this order. On deposit of the aforesaid amount, Rs. 2 lakhs will be waived and recovery will be stayed ti...
In Re: the Goods of Late Ravinder Kumar
Court: Allahabad
Decided on: Jul-04-2003
Reported in: AIR2004All46
ORDERS.P. Mehrotra, J.1. Supplementary affidavit filed today be taken on record.2. The present application (namely. Civil Misc. Application No. 92267 of 2003) has been filed on behalf of the petitioner Smt. Krishna Kumari. An affidavit of Kamal Kishore, sworn on 20th May, 2003, has been filed in support of the said application.3. It appears that the petitioner -- Smt. Krishna Kumari filed Testamentary Case No. 18 of 2002, inter alia, praying for grant of Letters of Administration to the petitioner in respect of the estate of the deceased Ravinder Kumar.4. By the order dated 16th August, 2002 passed by this Court, it was, inter alia, directed as follows :'Let Letters of Administration be issued with Will annexed, to the applicant for the estate of late Ravinder Kumar with Will annexed, after the Registrar General gives certificate of satisfaction of payment of Court-fee under Chapter XXX, Rule 9 of the Rules of this Court.'5. It has been averred in the aforesaid Civil Misc. Application ...
Raj Kumar and ors. Vs. Public Service Commission
Court: Allahabad
Decided on: Jul-04-2003
Reported in: (2003)3UPLBEC2237
B.S. Chauhan, J.1. This writ petition has been filed seeking direction to the respondent to consider the candidature of the petitioners in pursuance of the Advertisement No. 1/2003-2004, issued by the U.P. Public Service Commission.2. Facts and circumstances giving rise to this case are that on 21st/27th June, 2003 Public Service Commission advertised the vacancies of Medical Officers, prescribing the eligibility that the person applying must have the internship completed by the last date of submitting the Application Form, for what, petitioners had not completed their internship till the last date of submitting the Application Forms. Hence this petition.3. Learned Counsel for the petitioner has submitted that as there has been irregularities in holding the examination and completing the internship by the authorities concerned, and it was beyond control of the petitioners, they should not suffer for no fault of theirs. Therefore, this Court should issue direction to the respondent to c...
Mohd. Naseem Ansari Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-04-2003
Reported in: (2003)3UPLBEC2503
Vineet Saran, J.1. This writ petition has been filed with a prayer for quashing the oral order of termination of the petitioner passed on 15.4.2001 by respondent No. 4, Project Manager, Project and Tube-well Corporation Unit, Bareilly. Further prayer has been made for a direction to the respondents to regularize the service of the petitioner on the post of Store Munshi-cum-Clerk and also to pay salary for the post of Junior Clerk since 1998.2. The brief facts relevant for the adjudication of this case arc that the petitioner was engaged on contractual basis from time to time for periods of six months each beginning from 1.12.1998. The last contractual engagement of the petitioner made by the respondent-Corporation ended in December, 2000. In this manner the petitioner was engaged, with the respondent-Corporation for about two years and on that basis, the petitioner is now claiming for regularization of his service. From the averments made in the writ petition it is not clear whether th...
Anant Ram Prem Prakash Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-04-2003
Reported in: [2006]143STC542(All)
Prakash Krishna, J. 1. This writ petition is against the order dated May 26, 2003 passed by the Trade Tax Tribunal, Meerut. The petitioner has sought quashing of the aforesaid order dated May 26, 2003 and also a writ of mandamus directing the respondent No. 2 not to proceed with the remand proceeding for the assessment years 1986-87 and 1987-88 under Section 21(2) of the U.P. Trade Tax Act, 1948 till the disposal of Second Appeals Nos. 249 of 1995 and 250 of 1995. By the impugned order the Tribunal granted the adjournment sought for by the petitioner, but vacated the earlier stay order dated July 10, 1995.The brief facts for disposal of the present writ petition are as follows :2. The petitioner was reassessed under Section 21 of the Act. The said reassessment order was challenged in appeal before the first appellate authority. The first appellate authority set aside the reassessment order and remanded back the matter for passing fresh reassessment order after verifying the facts from ...
Rakesh Chandra Pandey and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-03-2003
Reported in: 2003(4)AWC2891; (2003)3UPLBEC2274
S.U. Khan, J.1. The first writ petition has been filed by Sri Rakesh Chandra Pandey (R.C. Pandey) and Sri Akhilesh Kumar Misra (A.K. Misra) and the second writ petition has been filed by R.C. Pandey alone. In the second Writ Petition (of 1997) R.C. Pandey has challenged the order passed by D.I.O.S. dated 2.5.1997. It is not clear as to whether Sri A.K. Misra also filed writ petition against the said order dated 2.5.1997 passed by D.I.O.S. as it affected both of them, or not2. Petitioners claimed that they had validly been selected and appointed as L. T. grade teachers by Committee of Management of Sri Dandi Swami Keshava Ashram Uchchatar Madhyamik Vidyalay, Gunai Gaharpur, Tehsil Meja, Allahabad (hereinafter referred to as the institution) on 3.6.1989 under Section 18 of U. P. Secondary Education Services Commission Act (hereinafter referred to as the Act). Petitioners further claimed that their ad hoc appointment was approved by D.I.O.S. on 23/30.10.1989. The institution was brought o...
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