Allahabad Court January 2004 Judgments
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Lal Mani Vs. the Senior Regional Manager, Food Corporation of India an ...
Court: Allahabad
Decided on: Jan-12-2004
Reported in: (2004)2UPLBEC1226
R.B. Misra, J.1. Heard Sri K.K. Mishra, learned Counsel for petitioner, and Sri Satya Prakash, learned Counsel for the Food Corporation of India (in short called 'Corporation' hereinafter).2. In Writ Petition No. 47731 of 2000 the petitioner has challenged the order dated 29.9.2000 (Annexure-IX to the writ petition) superannuating the petitioner, and has challenged order dated 17.5.1999/29.5.1999 dismissing the service of the petitioner and the petitioner has also challenged the order dated 22.8.1997 and 2.1.1998, whereby the memorandum of charges were served to the petitioner and the disciplinary inquiry was proposed to be initiated against the petitioner.3. According to the petitioner, he was appointed to the post of messenger in 'Corporation' on 26.5.1969 on the basis of High School Certificate submitted by him showing his date of birth as 12.9.1945. The petitioner was serving the Corporation and was receiving salary. However, in the year 1994 a complaint was received that the petit...
U.P. State Electricity Board Vs. Presiding Officer, Labour Court Iv an ...
Court: Allahabad
Decided on: Jan-09-2004
Reported in: 2004(1)AWC806
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. By means of this writ petition the petitioner-Board has sought a writ of certiorari quashing the impugned award dated 23.12.1995 passed by respondent No. 1 in Adjudication Case No. 64 of 1988.3. The case of the petitioner-U. P. State Electricity, Board (hereinafter referred to as the Board), in brief, is that its Panki Thermal Power Station, Kanpur, is controlled by the Board. This power station is registered under the Factories Act. The Board is engaged in power generation, supply and distribution of electricity in the entire State of Uttar Pradesh. Contract Labour is not abolished in this industry. The Board contracts out allied works to the contractors under written contracts. The contractors engage their own labourers under their supervision for the contract work. The contractor as well as the Board is registered under Contract Labour (Regulation and Abolition) Act, 1970. An industrial dispute was raised by...
Rashtriya Chaturth Shreni Rail Mazdoor Congress Vs. Union of India (Uo ...
Court: Allahabad
Decided on: Jan-09-2004
Reported in: 2004(1)AWC809; [2004(101)FLR15]; (2004)1UPLBEC704
Rakesh Tiwari, J.1. Heard the counsel for the parties and perused the record.2. This writ petition has been filed on account of refusal by the respondents to refer the dispute for adjudication in exercise of is powers under Section 10 of the Industrial Disputes Act. 1947. The petitioner has challenged the validity and correctness of the order dated 17.1.2001 by which the reference to industrial dispute has been refused by respondent No. 2.3. The case of the petitioner, in brief, is that Kunji Lal, Dev Raj, Kishori Lal, Raj Kumar, Gopi and Mickel were working as Monthly Rated Casual Labour (M.R.C.L)/Substitute under the Carriage and Wagon Department of respondent No. 3 at Jhansi. They are said to be the members of the petitioner-Union. The Union claims that the aforesaid persons had worked 120 days and have acquired temporary status as M.R.C.L. They were paid as regular wagers and facilities of pass and P.T.Os. were also granted to them. They were sent from one place to another on tempo...
Rakesh Kumar Tewari Vs. Secretary, Home Department and ors.
Court: Allahabad
Decided on: Jan-09-2004
Reported in: 2004(2)AWC991; [2004(101)FLR68]; (2004)1UPLBEC741
Rakesh Tiwari, J.1. Heard learned counsel for the parties and perused the record.2. The controversy involved in the aforesaid petition pertains to grant of compassionate appointment. The petitioner has challenged the validity of correctness of the order dated 24.3.2003 issued by Deputy Director General (Establishment), U.P. Police Head Quarters Allahabad, offering compassionate appointment to the petitioner as Constable in Civil Police in the pay scale of Rs. 3,050-4,590. The petitioners claim that he is entitled for compassionate appointment on the post of Sub-Inspector in Civil Police and not as Constable.3. The father of the petitioner was in service in U.P. Police Department as follower. He expired on 19.7.1986 in harness. The petitioner was minor at that time. After graduating, the petitioner submitted the papers for appointment on compassionate ground under the U.P. (Recruitment of Dependents of Government Servants) Dying in Harness Rules, 1974. The Government granted age relaxat...
Awdhesh Kumar Singh Vs. Ganesh Polytecs Ltd. Through Its Manager
Court: Allahabad
Decided on: Jan-09-2004
Reported in: [2004(101)FLR595]; (2004)1UPLBEC968
Rakesh Tiwari, J.1. Heard Counsel for the parties and perused the record.2. The petitioner has challenged the validity and correctness of the order dated 2.6.2001 passed by the Labour Court-IV, U.P., Kanpur in Misc. Case No. 274 of 1999 regarding claim for computation of benefits payable under Section 6-H (2) of the U.P. Industrial Disputes Act.3. By the impugned order the Labour Court has rejected the claim of the petitioner in respect of over time wages, Dearness Allowance etc. The claim of the petitioner was that he was entitled to over time wages and Dearness Allowance as per the minimum wage fixed by the State of U.P. in addition to work done by him on weekly holiday, national festival holidays. The claim application filed by the petitioner.4. The case of the employer before the Labour Court was that the petitioner workmen was engaged as Driver in the Motor Section on daily wages and was paid minimum wages applicable to a daily wager. It was also the case of the respondent that no...
Jagdish Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-09-2004
Reported in: 2004(4)AWC3433
ORDERN.K. Mehrotra, J.1. This is a civil revision Under Section 115 of the Code of Civil Procedure against the order dated 29.1.2004 passed by the Civil Judge (Senior Division), Lucknow on the application under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure in Regular Suit No. 56 of 2004, Jagdish v. State of U. P. and Ors., refusing to grant interim Injunction in favour of the revisionist fixing long date for disposal of the application under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure.2. A perusal of the impugned order goes to show that the learned civil Judge has not granted ex parte injunction and has issued notices to the defendant-respondents for disposal of the application under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure fixing 10.2.2004. Since there is a supplementary lease in favour of the plaintiff-revisionist and the application for ad-interim injunction is to be disposed of on the next date, therefore, with the consent of the plaintiff...
Glass Workers Mazdoor Sangh, Through Sri Bhagwan Das Sathi, Its Presid ...
Court: Allahabad
Decided on: Jan-09-2004
Reported in: [2005(105)FLR329]
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2 By means of this petition the petitioner has challenged the validity and correctness of the award dated 31.5.1984 passed by Industrial Tribunal IV, Agara in adjudication case no. 25 of 1983 so far it has not gone into the merits of the case and has not answered that the closure was real and bonafide and has not granted any relief to the workmen. By the award Labour Court has held that the closure of the concerned establishment from 2.5.1982 is real and bonafide.3. It appears from the record that the concern M/s Satya Narain Glass Workers Station road, Firozabad was closed down w.e.f. 2.5.1982, On conciliation proceedings having failed the Govt. being satisfied that there existed an industrial dispute as to whether the closure was real and in good faith referred following matter of dispute to the Labour Court, Agra on 25.3.1983 where it was registered as adjudication case no. 25 of 1983. The reference is as under...
U.P. State Electricity Board, Through General Manager, Electric Supply ...
Court: Allahabad
Decided on: Jan-09-2004
Reported in: [2005(105)FLR220]
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. By means of this petition the petitioner has challenged the validity and correctness of the impugned order dated 16.7.1999 and 25,8.1999 passed by the Presiding Officer, Labour Court (IV) U.P. Kanpur in Misc case No. 27 of 1999.3. The brief facts of the case are that the Presiding officer Labour Court (I) Kanpur passed an award in Adjudication case No. 218 of 1997 directing the employers to pay entire arrear of salary to Sri Rais Khan and shall also maintain his service from 16.2.1988 but back wages shall not be paid to him. This award is subject matter of Writ Petition No. 8207 of 1999. The respondent No. 2 filed an application under Section 33C(2) of the Industrial Dispute Act 1947 before the Labour Court for payment of Rs. 44,394/- and the Labour Court issued notice to the petitioner in Misc. case No. 27 of 1999. Against the aforesaid award petitioner filed writ petition No. 8207 of 1998 in which this Court ...
Markandey Chand Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Jan-08-2004
Reported in: AIR2004All173; 2004(1)AWC346
R.K. Dash. J.1. In the instant writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing the impugned citation. Annexure-1 whereby he has been asked to pay a sum of Rs. 2.87.67,021.00 to the State.2. Shortly stated, the petitioner's case is that plot No. 103 measuring approximately 66.795 sq. ft. situated in Civil Lines, district Gorakhpur was nazul land and over the said plot there exists a bunglow bearing No. 7. A case in respect of the said plot was created by the Slate Government in favour of late Madan Lal Tekriwal on 1.11.1954, with retrospective effect from 1.5.1945, for a period of 30 years with right of renewal for further period of two terms of 30 years each with a rider that Government may refuse to renew the lease in case of violation of the terms and conditions thereof. One J.R. Tamta was residing as tenant in a portion of the aforesaid plot covering an area of 43.000 sq. ft. After he vacated the tenanted premises, the bungl...
Shailendra Kumar Singh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-08-2004
Reported in: 2004(2)AWC1098; (2004)2UPLBEC1716
R.K. Agrawal, J.1. In this batch of petitions filed under Article 226 of the Constitution of India, a common question whether the degree of Shiksha Visharad given by the Hindi Sahitya Sammelan, Allahabad is to be treated as equivalent to B.Ed. degree, is up for consideration before the Court. All the petitioners have obtained the degree of Shiksha Visharad from the Hindi Sahitya Sammelan, Allahabad. The grievance of the petitioners is that they are not being considered for appointment as Assistant Teacher in the Basic Schools run by the Basic Shiksha Parishad, U.P., Allahabad. Relying upon the appointments given to the persons holding the degree of Shiksha Visharad given by the Hindi Sahitya Sammelan, Allahabad as Assistant Teachers in the Basic Schools run by the Parishad, the petitioners, in this batch of writ petitions, are pressing their claim of appointment.2. By the order dated 18th September, 2003 passed in Civil Misc. Writ Petition No. 40382 of 2003, notices were issued to Hind...
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