Allahabad Court December 2004 Judgments

Committee of Management, Raja Ram Saheb Lal Kishan Adarsh Junior High ...

Court: Allahabad

Reported in: 2005(2)AWC1929; 2005(1)ESC469

Arun Tandon, J.1. Heard Sri Indra Raj Singh, Advocate, on behalf of the petitioner, learned Standing Counsel on behalf of respondent Nos. 1 to 3 and Sri Charanjeet Singh Yadav, Advocate, on behalf of respondent No. 4.2. Raja Ram Saheb Lal Kishan Adarsh Junior High School, Saraibika, Samiti Jaunpur, is the society duly registered under the Societies Registration Act. The said society has established a Junior High School in the name and style of Raja Ram Saheb Lal Kishan Adarsh Junior High School, Saraibika, Jaunpur. The said institution is recognised under the provisions of U.P. Basic Education Act, 1972 and is also covered by the provisions of the U.P. Junior High School Payment of Salaries of Teachers and other Employees Act, 1978, under the provisions of the registered bye-laws of the society, the elections for constituting the Committee of Management of the institution as well as those of office bearers of the society are one and the same.3. According to petitioner last elections of...

Diwan Singh Bisht Vs. Life Insurance Corporation of India and ors.

Court: Allahabad

Reported in: 2005(3)AWC2318; 2005(1)ESC637; (2005)2UPLBEC1232

Vineet Saran, J.1. The petitioner was appointed as an Assistant in the Life Insurance Corporation in September, 1991. In the year 2000, the respondent No. 5, was posted as Branch Manager of the Moradabad branch where the petitioner was working. The petitioner claims that he was harassed by the said Branch Manager, regarding which he had made several complaints. According to him, he was not being informed of the work assigned to him; his work table was time and again shifted from one place to another; his general/medical leave was not being sanctioned; certain financial irregularities were also being committed in the Branch Office, besides many other grievances which he had repeatedly complained of. A notice had been given to the petitioner on 2.9.2000 to explain as to why his medical leave should not be refused, to which he filed his reply. By a detailed memorandum of grievances submitted on 21.9.2000 the petitioner had again pointed out the irregularities committed in the office, in t...

Kedar Nath Vs. Director General, Prantiya Rakshak Dal/Vikas Dal Avam Y ...

Court: Allahabad

Reported in: 2005(1)ESC704

R.B. Misra, J.1. Heard Sri H.N. Singh, learned counsel for the petitioner and Sri S.P. Singh, learned Standing Counsel for the respondents.2. In this petition prayer has been made to regularise the service of the petitioner as Driver in Zila Yuwa Kalyan Avam Prantiya Vikas Dal, U.P. Mirzapur and for payment of salary equivalent to the regular employee.3. It appears that repeated directions were made by this Court on 27.10.2004, 24.11.2004, 1.12.2003, 27.1.2004, 17.3.2004; 30.4.2004 and 19.8.2004 where the instructions were to be provided on behalf of the respondents in respect of creation to the post of driver against which the petitioner is rendering work. According to the petitioner, the undisputed facts emerging from the pleadings and the records are that petitioner after his deployment from the year 1987, he has been continuously working as a driver on daily wages and his conduct and performance throughout is satisfactory. At the relevant time while being engaged as daily wager in ...

Durga Prasad (D.) Through L.Rs. and anr. Vs. Smt. Chameli Devi and ors ...

Court: Allahabad

Reported in: 2005(2)AWC1857

N.K. Mehrotra, J.1. This is second appeal under Section 100 of Code of Civil Procedure against the judgment and decree dated 9.9.1986 in Civil Appeal No. 45 of 1970 passed by IInd Addl. Civil Judge, Sultanpur dismissing the appeal against the judgment and decree dated 28.2.1970 in Regular Suit No. 209 of 1963 passed by Munsif, South, Sultanpur dismissing the suit.2. I have heard Shri S.K. Mehrotra for the plaintiffs-appellants and Shri P.N. Mathur for the defendants-respondents.Plaintiffs' case3. The plaintiffs-appellants filed a suit for possession against Dargahi predecessor of the respondents and his sons alleging therein that Ramanand original owner of the house in dispute executed a sale deed dated 12.9.1919 selling the above house for Rs. 2,000 to Sitaram predecessor of the plaintiff and Bhagwan Das predecessor of the defendants who were real brothers. The sale deed was registered on 18.10.1919 and possession of the house was delivered after sale. Bhagwan Das and Sitaram had half...

Aska Merchants and ors. Vs. Dharam Singh and ors.

Court: Allahabad

Reported in: 2005(2)AWC1919

D.P. Singh, J.1. Heard learned counsel for the parties.2. The applicant No. 1 is a partnership firm while applicants No. 2 and 3 are its partners. It appears that the firm was enjoying a cash credit limit of Rs. 45 lacs with the Central Bank of India, Chowk Branch, Vanarasi. Since the limit fixed by the Bank had exceeded, on a demand of the bank, a recovery certificate dated 13.1.2004 was issued against the applicant but on deposit on certain amounts, the same was withdrawn by the bank on 4.3.2004. However, one of the applicant was arrested in pursuance of the citation leading to the filing of Writ Petition No. 11868 of 2004 wherein the opposite party Nos. 8 and 1 were also parties.3. A Division Bench by a detailed order dated 22.3.2004, stayed the recovery proceedings against the applicants and directed the release of the applicant No. 2. It is alleged that the said order was passed in the presence of the counsel for the bank but even then the order was served by registered post on th...

State of U.P. Vs. Presiding Officer, Labour Court and anr.

Court: Allahabad

Reported in: [2005(104)FLR983]

V.C. Misra, J.1. Heard Sri R.K. Awasthi learned standing Counsel on behalf of the petitioner and Sri D.P. Singh learned Counsel for the workman-respondent No. 2.The present writ petition is directed against the award passed by the Presiding Officer, Labour Court dated 28.5.1997, which was published on notice board on 27.10.1997 by which the workman was reinstated along with continuity in service with minimum pay scale from the date of termination of service, i.e., 1.9.1989 till date of reinstatement. It was further directed that other benefit for which the workman was entitled from time to time shall also be paid to him.2. The facts of the case in brief are that the workman-respondent No. 2 had been working with the petitioner since 1.7.1986. His services were terminated with effect from 1.9.1989. An industrial dispute was raised and Adjudication Case No. 203/1992 was registered, before the labour Court-respondent No. 1. The workman filed his written statement stating therein that he h...

State Bank of India Vs. Van Pharma Laboratories

Court: DRAT Allahabad

1. This appeal has been preferred against the judgment and order dated 21st January, 2001 passed by the then Presiding Officer, DRT, Jabalpur in T.A. No. 184/98, whereby and whereunder the claim of the appellant Bank to the tune of Rs. 14,60,288.80 has been rejected and dismissed. 1. The respondent defendant No. 1 M/s. Van Pharma Laboratories is a partnership firm engaged in the business of manufacturing and sale of medicines. The respondent defendant Nos. 2 and 3 are the partners of the respondent No. 1 firm. The respondent No. 1 Firm enjoyed the cash credit facility from the appellant Bank and respondent Nos. 4 and 5 stood as guarantors. As per the plaint story the respondent No. 1 through its partners respondent defendant Nos. 2 and 3 requested the appellant Bank for grant of working capital and as such cash credit facility of Rs. 2.15 lakh was granted by the Bank and sanctioned as per the terms and conditions attached to the agreement which was executed by the respondent defendant...

industrial Development Bank of Vs. Malwa Sahkari Shakkar Karkhana

Court: DRAT Allahabad

Reported in: III(2006)BC54

1. This appeal has been preferred against the part of the judgment and order dated 19th June, 2002 passed by the then Presiding Officer, D.R.T., Jabalpur in T.A. No. 88/98. The appellant Industrial Development Bank of India (hereinafter shall be called as the Bank) had filed a suit for recovery of Rs. 2,16,57,0427- against the defendant-respondent Nos. 1 and 2 together pendente lite and future interest @ 16.44% per annum together with other consequential reliefs before the District Judge, Indore. It must be mentioned here that at the time of filing of the suit no notices were served as required under Section 80 of the CPC on the respondent-defendants as the law requires so by praying that necessity arose to file the suit premature because of urgency without compliance of Section 80 (1) of the CPC The plaint was ordered to be returned as no urgency was found and as such the plaint was taken back from the side of the appellant-Bank and it was re-filed on 11th February, 1998 itself, so t...

Dr. Mohammed Usman Khan and ors. Vs. Registrar, Firms, Societies and C ...

Court: Allahabad

Reported in: AIR2005All121; 2005(3)AWC2324; (2005)2UPLBEC1358

ORDERArun Tandon, J.1. All these 14 writ petitions pertain to the dispute of the office-bearers of Jamia Urdu, Aligarh and as such are being disposed of by this common judgment.2. Heard S/Sri A. K. Gupta, I. B. Singh, Pradeep Upadhyaya, Manoj Misra, Wasim Alam, Seema Afroz, K. M. Tripathi, D. Singhal, R. K. Garg, Anil Kumar, Gyanendra Kumar, Iqbal Ahmad, S. A. Gilani, Ramjeet Yadav and I. U. Huda Advocates, counsel for the parties in all the above mentioned writ petitions.3. Jamia Urdu, Aligarh, is a Society duly registered under the Societies Registration Act (hereinafter referred to as the Act). The said society has established various institutions for imparting education from primary school to higher education in the subject of Urdu. It is not in dispute between the parties that in Writ Petition No. 28840 of 1997 (Sri Anjum v. State of U.P. and others) filed by Sri Anjum against the order registering the amendment in the bye-laws of the society dated 26-6-1997 this Court vide judgme...

Municipal Board, Through Its Executive Officer Vs. Sri Shant NaraIn Pa ...

Court: Allahabad

Reported in: 2005(2)ESC1286; [2005(105)FLR470]; (2005)IILLJ919All

V.C. Misra, J.1. Shri Rakesh Bahadur learned counsel for the petitioner and Shri R.K. Awasthi learned standing counsel on behalf of respondent No. 2 are present. No one is present on behalf of respondent No. 1-the main contesting party though a counter affidavit has been filed on behalf of respondent No. 1 and a rejoinder affidavit in rebuttal filed by the petitioner is on record.2. The present writ petition has been filed challenging the Judgment and Order dated 15.6.1993 passed by respondent No. 2 allowing the application of respondent No. 1 moved under Section 15(3) of the Payment of Wages Act, 1936 (hereinafter referred to as the Act) claiming therein the arrears of salary for the period 4.1.1990 to 31.3.1991 amounting to Rs. 14,456/- along with the said application, an application for condonation of delay had also been filed without any affidavit in support of the same. A written statement was filed on behalf the petitioner objecting to the claim of respondent No. 1 and for condon...