Allahabad Court January 2004 Judgments
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Naresh Chandra Kapoor Vs. O.P.S. Malik and anr.
Court: Allahabad
Decided on: Jan-27-2004
Reported in: 2004(2)AWC976; 2004CriLJ2392
R.K. Agrawal, J.1. Before deciding the present application for recall of the order dated 14.5.2002, passed by this Court issuing notice to O.P.S. Malik, it is necessary to state the facts giving rise to the application filed for contempt and the proceedings taken by this Court.2. Naresh Chandra Kapoor, hereinafter referred to as the petitioner, who has filed the present petition under Section 12 of the Contempt of Courts Act, 1971, hereinafter referred to as the Act, for the alleged violation and disobedience of the order dated 16th March, 1993, passed by this Court in Civil Misc. Writ Petition No. Nil of 1993, Naresh Chandra Kapoor v. Smt. Sayeeda Farooqui and Ors., is the landlord and owner of House No, 12/24 Hastings Road (Nyaya Marg), Allahabad. He had filed a Small Causes Court Suit being S.C.C. Suit No. 19 of 1982 for ejectment of Smt. Sayeeda Farooqui and others. It was decreed by the Additional District Judge, Allahabad, on 27th April, 1985. Smt. Sayeeda Farooqui filed Revision...
Shamli Mill Sramik Sangathan Vs. Industrial Tribunal (V) and anr.
Court: Allahabad
Decided on: Jan-27-2004
Reported in: 2004(2)AWC1538; [2004(101)FLR344]; (2004)2UPLBEC1223
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. The petitioner is Trade Union registered under the Indian Trade Union Act, 1926 and draws its membership from amongst the employee of the Upper Doab Sugar Mills Ltd., Shamli. The State Government being satisfied that an industrial dispute existed on account of the demand of a large number of workmen for being made seasonal workmen and in exercise of its powers under Section 4K of the U. P. Industrial Disputes Act, 1947 (hereinafter referred to as the U.P. Act) referred the matter in dispute relating to 50 workmen for adjudication to respondent No. 1 by order No. 5255 dated 14.12.1977 for adjudication. The labour court referred the reference by order dated 22.12.1983 holding that it was not an industrial dispute.3. The case as set out on behalf of the petitioner was that the 50 workmen concerned in the dispute worked in processes which were normal part of the industry and without the discharge of the type of wor...
Ram Pal Alias Rampa Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-27-2004
Reported in: AIR2004All202; 2004(2)AWC1653
ORDER1. Heard learned counsel for the parties.2. The writ petition has been filed challenging the Circular dated 13-6-2001 issued by the State of U. P. through Secretary Industrial Development Government of U. P. and order dated 25-4-2001 (Annexure 4 to the writ petition) whereby the A. D. M. Fatehpur had renewed the licence in favour of the contesting respondent No. 4 granting lease on preferential basis.3. Counter and rejoinder affidavits have been exchanged between the parties and are on record.4. The petitioner has challenged the orders on the ground that Rule 9-A has been held to be ultra vires by a Full Bench of this Court in Writ Petition No. 256 (MB) 1997. Ram Chandra v. State of U. P. and other connected writ petitions, and hence no mining lease can be granted by the respondents under the U. P. Minor Minerals (Concession) Rules, 1963.5. Rule 9-A of the U. P. Minor Minerals (Concession) Rules, 1963 was inserted by the 20th Amendment Rules, 1994, whereby preferential right was g...
Luxco Electronics (Paper Cone) Vs. Presiding Officer, Industrial Tribu ...
Court: Allahabad
Decided on: Jan-27-2004
Reported in: 2004(2)AWC1656; [2004(101)FLR73]; (2004)2UPLBEC1179
Rakesh Tiwari, J.1. This writ petition has been filed challenging the award dated 1.8.1998 passed by Industrial Tribunal, Allahabad in Adjudication Case No. 3 of 1997 connected with two other adjudication cases referred by State Government in respect of two other workmen regarding same incident and were numbered as Adjudication Case Nos. 1 and 2. All these cases were consolidated and Adjudication Case No, 3 of 1997 was taken as leading case.2. The dispute relates to an incident alleged to have taken place on 8.3.1994. The management issued a charge sheet to all the three workers. Smt. Sheo Kumari, respondent No. 4, is alleged to be the Secretary of the Union of the workers. The case of the workers is that the Union Secretary filed a complaint against employers on 16.2.1994 to the Deputy Labour Commissioner, Allahabad. The officers of Labour Department carried out as inspection and several irregularities were found as a result of which management felt annoyed and planned to terminate th...
Shri NaraIn Mishra Vs. Ivth Additional District Judge and ors.
Court: Allahabad
Decided on: Jan-27-2004
Reported in: 2004(2)AWC1651
Rakesh Tiwari, J.1. Heard counsel for the parties are perused the record.2. The only question involved in this petition is about the jurisdiction of civil court in a suit filed for cancellation of a Will dated 13.4.1981 alleged to have been executed by Ram Lochan Mishra.3. A suit was' filed by Smt. Rajeshwari Devi claiming to be the wife of Lal Chand who predeceased his father Lal Chand Misra. She alleges to have a son and daughter and after death of her husband she is living at Bombay with son-in-law. During that period, defendant respondent got a forged Will registered and claim to have inherited all properties of Ram Loehan. She alleges that Ram Lochan was member of joint family and had no right to execute Will nor was capable of executing Will. The plaintiff prayed for cancellation of Will dated 13.4.1981 in favour of petitioner Sri Narain Mishra and injunction from interfering in possession of plaintiff. The defendant filed written statement taking objection that consolidation ope...
Committee of Management Adarsh Mahabir Junior High School Samiti and a ...
Court: Allahabad
Decided on: Jan-27-2004
Reported in: 2004(2)AWC1658; (2004)2UPLBEC1291
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. By means of this petition the petitioner challenges the order dated 20.11.2001 passed by respondent No. 1 holding that previous election of the Committee of Management of Adarsh Mahabir Junior High School Samiti were held beyond time hence invalid and directed that fresh election be held. He also annexed a list of voters for the election. The petitioner challenges his order as without jurisdiction.3. According to writ petition there is a society known as Adarsh Mahabir Junior High School Samiti, which has a school known as Adarsh Bajarang Junior High School, Rampur. It was registered under Societies Registration Act on 15.7.1986. According to bye-laws the election of office bearers has to take place every 5 years. There is no separate Committee of Management for school. The elections were held on 14.7.1994, 13.7.1996 and lastly on 8.7.2001 before expiry of 5 years. In all these elections petitioner No. 2 Sri La...
U.P. Avas Evam Vikas Parishad and anr. Vs. Labour Court (2) and anr.
Court: Allahabad
Decided on: Jan-27-2004
Reported in: (2004)1UPLBEC1004
Rakesh Tiwari, J.1 .Heard Counsel for the parties and perused the record.2. This writ petition has been filed by U.P. Avas Evam Vikas Parishad challenging the award dated 9.4.1999 published on 5.7.1999 holding the termination of services of respondent Rekha Gupta as illegal and reinstated her with full back wages and continuity of service.3. The case of respondent-Rekha Gupta was that she was initially employed as apprentice under the Apprentice Act from 5.6.1989 to 4.6.1990 as a clerk-cum-typist. On completion of apprenticeship she was appointed on a salary of Rs. 682/-per month on 5.6.1990. When she demanded for regular salary her services were terminated on 1.9.1992 without giving any charge-sheet or complying with the provisions of Section 6-N of the U.P. Industrial Disputes Act.4. Admittedly she is a handicapped lady. The case of the petitioner-Parishad is that the Parishad has framed rules for recruitment. The respondent was appointed as a daily wager on need based work, hence he...
Committee of Management Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-27-2004
Reported in: (2004)1UPLBEC975
M. Katju and Poonam Srivastava, JJ.1. Heard Counsels for the parties and the learned Standing Counsel.2. The controversy involved in the two writ petitions is common, and as such both the writ petitions are being decided by a common judgment. Writ Petition No. 51403 of 2003 filed by Committee of Management, Attarra Post Graduate College, Attarra, Banda and Writ Petition No. 56613 of 2003 filed by Dr. Ram Asarey Chaurasiya deal with the question of placement of Dr. Ram Asare Chaurasiya in the concerned institution.3. On account of retirement of the permanent Principal, the post of Principal in the aforesaid College had fallen vacant. The U.P. Higher Education Services Commission selected Dr. Nand Lal Shukla for appointment as Principal in the aforesaid College, while the present petitioner. Dr. Ram Asarey Chaurasiya was placed as Principal at Post Graduate College, Lalitpur. The writ petitioner of Writ Petition No. 56613 of 2003 filed a Writ Petition No. 47029 of 2002 challenging his pl...
R.K. Saraswat and ors. Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Jan-27-2004
Reported in: (2004)1UPLBEC1019
M. Katju and Mrs. Poonam Srivastava, JJ.1. Heard learned Counsel for the parties.2. Counter and rejoinder affidavits have been exchanged between the parties and are on record. As agreed by learned Counsel for the parties, both the writ petitions are being decided finally by a common judgment.3. Writ Petition No. 19794 of 1999, R.K. Saraswat and Ors. v. State of U.P. and Ors., has been filed by five petitioners praying for quashing the Notification No. 3779/30-3-98-127-GE/96 Lucknow, dated 14.10.1998 (Annexure-5 to the writ petition) whereby Rule 5 of U.P. Transport Service Rules, 1990 (hereinafter referred to as the Rules, 1990) was amended and a proviso was added to Rule 5.4. The petitioners were appointed as Assistant Regional Inspectors (Technical/Technical Inspector [RI (T)/TI in short in the Transport department on various dates. Letters of appointment are annexed as Annexures 1 and 2 to the writ petition. Initially there were no Service Rules governing service conditions for the ...
U.P. State Road Transport Corporation, Through the Regional Manager Vs ...
Court: Allahabad
Decided on: Jan-27-2004
Reported in: (2004)2UPLBEC1080
Rakesh Tiwari, J.1. Heard Counsel for the respective parties and perused the record.2. This writ petition has been filed praying, inter alia, to issue a writ of certiorari quashing the impugned order dated 26.10.1988 (Annexure-6 to the writ petition) passed by the Deputy Labour Commissioner, Ghaziabad and the award dated 13.2.1986 (Annexure -1 to the writ petition) passed by the Labour Court.3. Respondent No. 4 was working as a Conductor in the petitioner-Corporation. He was removed from service by an order dated 16.3.1983 as serious charges of misconduct are said to have been proved against him. Against removal of his services respondent No. 4 preferred an appeal before the Regional Manager, Ghaziabad on 12.12.1983. The Regional Manager vide its order dated 29.10.1984 is alleged to have taken a lenient view by directing to afford a fresh chance to respondent No. 4 to serve the Corporation without giving benefit of his past services and back wages.4. Respondent No. 4 accepted his fresh...
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