Allahabad Court July 2004 Judgments
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Kisan Sahkari Chini Mills Ltd. Vs. Presiding Officer, Labour Court and ...
Court: Allahabad
Decided on: Jul-13-2004
Reported in: 2004(4)AWC3357; [2004(102)FLR873]; (2004)3UPLBEC2554
R.K. Agrawal, J.1. All these writ petitions involves a common question of law and have been filed by the same employer. They have been heard together and are being decided by a common judgment.2. The Kisan Sahkari Chini Mills Limited (hereinafter referred to as 'the petitioner') is a registered co-operative society running a sugar mill at Nazibabad in the District of Bijnor. It is engaged in the business of manufacture and sale of crystal sugar by vacuum pan process having a crushing capacity of 1250 TCD. In the last week of January, 1990, the petitioner issued an advertisement in the newspaper inviting applications for 25 Apprentice Clerk. The training period specified was for one year and the selected apprentices were to be given stipend of Rs. 700.00 p.m. Pursuant to the aforesaid advertisement, all the respondents applied and were appointed on the post of the Apprentice Clerk. The appointment letters were issued in the last week of March, 1990. The respondents joined and continued ...
Committee of Management, V.K. Higher Secondary School and anr. Vs. Sta ...
Court: Allahabad
Decided on: Jul-13-2004
Reported in: (2004)3UPLBEC2892
Vineet Saran, J.1. Both these writ petitioners are based on same facts and raise similar questions and hence they have been heard together and, with the consent of the learned Counsel for the parties, they are being decided finally at the admission stage.2. The Writ Petition No. 33619 of 1999 has been filed by the Committee of Management, V.K. Higher Secondary School, Kanpur Dehat with a prayer for quashing the order dated 1.7.1999 passed by the District Inspector of Schools, Kanpur Dehat and also for a direction to the respondents to approve the appointments of the two teachers made by the Committee of Management for the additional sections of Classes 1 and 2 in the Primary Section of the institution. The other Writ Petition No. 48290 of 2002 has been filed by the two teachers who have been appointed on such posts with a prayer for a direction to the respondents to pay salary to the petitioners with arrears.3. The brief facts of this case are that the institution, namely, V.K. Higher ...
Hindustan Aeronautics Ltd. Vs. Presiding Officer, Industrial Tribunal ...
Court: Allahabad
Decided on: Jul-13-2004
Reported in: 2004(4)AWC3348
Vineet Saran, J.1. This writ petition has been filed by the employer-Hindustan Aeronautics Limited challenging the award dated 24.12.1987 passed by the Industrial Tribunal, Agra, whereby the reference made by the State Government has been decided in favour of the employees and the claim of the concerned workmen has been allowed after holding that they would be entitled to house rent allowance (HRA) at the rate of 25% of their salary payable with effect from the date of reference.2. The petitioner-company Hindustan Aeronautics Limited is a company registered under the Indian Companies Act with its head office at Bangalore. Besides several other places all over India, it has an Overhaul Division at Agra. The present petition relates to the workmen of the petitioner company at Agra. The undisputed facts are that prior to 1983, all the employees of the petitioner company posted at its offices all over India were paid house rent allowance at the fixed rate of 10% of their salary. On 7.12.19...
Zaheer Ahmad Ansari Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-13-2004
Reported in: (2005)1UPLBEC40
B.S. Chauhan and Umeshwar Pandey, JJ.1. This writ petition has been filed for quashing the order dated 29th June, 2004 (Annexure 11) by which the petitioner, the President of the Nagar Palika Parishad, Etawah, has been deprived of his financial and administrative powers in exercise of the powers conferred under Section 48 [2-K (a)] of the U. P. Municipalities Act, 1916 (hereinafter called the Act, 1916), as amended by the Amendment Act VI of 2004.2. Facts and circumstances giving rise to this case are that the petitioner had been elected as the President of Nagar Palika Parishad, Etawah for a period of five years. There were certain allegations against the petitioner for which preliminary enquiry was conducted and, prima facie, the allegations have been found to have some substance. As the charge-sheet has been served upon the petitioner, he has been deprived of the administrative and financial powers by the impugned order. Hence this petition.3. Shri B. P. Singh, learned Counsel appea...
Chunni Lal Vs. Board of Revenue
Court: Allahabad
Decided on: Jul-13-2004
Reported in: AIR2005All43; 2005(1)AWC664
ORDERS.N. Srivastava, J.1. This writ petition is directed against the judgment dated 3-1-1975 passed by Board of Revenue, dismissing the second appeal as abated on the ground that due to non-substitution of the heirs of Munni Lal-defendant within time, judgment of lower appellate Court became final and no conflicting decree could be passed, hence entire appeal was dismissed as abated.2. Heard learned counsel for the parties.3. Learned counsel for petitioner urged that Munnl Lal was a formal party in the case filed under Section 176 of the U.P.Z.A. and L.R. Act. As he neither filed written statement nor contested suit, suit cannot abate due to non-substitution of a pro forma defendant, though application for substitution to substitute heir of Munni Lal, though barred by time, was not considered while dismissing the appeal.4. Learned counsel for Opp. Party urged that the order was rightly passed in accordance with law and appeal was rightly dismissed as abated.5. After considering the ar...
Smt. Savita Garg Vs. Cit
Court: Allahabad
Decided on: Jul-13-2004
Reported in: (2007)212CTR(All)260
ORDER1. Counter-affidavit filed by respondent Nos. 1, 2 and 3 be placed on record.2. Learned counsel for the petitioner Sri Prashant Chandra submits that in view of the averments made in the counter-affidavit, it is clear that notice under Section 147 of the Act could not have been issued because there was no material with the assessing authority making him to form a reasonable belief as required under Section 147 to issue a notice. Besides, the other contention that the petitioner being assessed at Delhi, could not be subjected to the jurisdiction under Section 147 or 148 of the Income Tax Act by the assessing authority at Lucknow. He asserts that this information was given to the assessing officer but the assessing officer, instead of referring the matter to the Chief Commissioner for deciding the question of jurisdiction, has proceeded to make the final assessment in respect of assessment year 1996-97 and that he has also issued notice with respect to assessment year 1997-98 and int...
State of U.P. and ors. Vs. Smt. Meera Sankhwar and ors.
Court: Allahabad
Decided on: Jul-12-2004
Reported in: 2004(4)AWC3162; (2004)3UPLBEC2179
M. Katju, J.1. This special appeal has been filed against the impugned interim order of a learned Single Judge dated 1.7.2004. By that order the learned Single Judge has stayed the order of the State Government dated 7.7.2004 by which the writ petitioner (who was the Adhyaksha of Zila Panchayat, Kanpur Nagar) was deprived of her financial and administrative powers pending the enquiry into the charges against her under the Proviso to Section 29(1) of the U.P. Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961.2. Heard learned Counsel for the parties.3. A preliminary objection has been taken by the learned Counsel for the respondents in this appeal that the impugned interim order dated 1.7.2004 was passed by a learned Single Judge during the summer vacations and hence in view of Chapter V, Rule 10(1) of the Allahabad High Court Rules the said interim order amounts to an order of a Division Bench of this Court and hence no special appeal will lie against it. We do not agree.4. Chapter V...
Canara Bank Vs. Presiding Officer, Central Government Industrial Tribu ...
Court: Allahabad
Decided on: Jul-12-2004
Reported in: 2004(4)AWC3331; [2004(102)FLR1146]; (2005)ILLJ113All
Arun Tandon, J.1. Heard Sri J. N. Tewari, senior advocate, assisted by Sri Tarun Verma, learned counsel for the petitioner and Sri K. P. Agarwal, senior advocate, assisted by Sri H. N. Shukla learned counsel for the respondent-workman and standing counsel for respondent No. 1.2. This writ petition has been filed by Canara Bank (hereinafter referred to as the Bank) against the award of Central Government Industrial Tribunal-cum-Labour Court, Kanpur, dated 12.12.2001 passed in Adjudication Case No. 133 of 1988. By means of the said award the labour court has decided .the reference dated 1.8.1988 in favour of the workman, Vijay Kumar Gupta, and has held that the punishment imposed upon the employee, namely Sri Vijay Kumar Gupta, from service is not justified and has directed reinstatement with full back wages.3. The facts relevant for decision of this case are that Sri Vijay Kumar Gupta who was an employee of the Bank and who was working as Special Assistant in Khairagarh Branch of the Ba...
Commissioner of Central Excise Vs. Reliable Safety Glass and Shri Sand ...
Court: Allahabad
Decided on: Jul-09-2004
Reported in: 2004(96)ECC176; 2005(179)ELT385(All)
M. Katju, J.1.This appeal has been filed under Section 35G of the Central Excise Act against the impugned order of the Customs, Excise and Service Tax Appellate Tribunal dated 27.1.2004.2. A perusal of the impugned order dated 27.1.2004 shows, that the Tribunal has partly heard the appeal and it has extended the stay order dated 13.6.2003.3. Learned counsel for the appellant has submitted that in view of the second proviso to Section 35C(2A) of the Central Excise Act, 1944 the stay order dated 13.6.2003 stood vacated.4. In our opinion the order dated 27.1.2004 in substance amounts to a fresh stay order. We cannot construe the second proviso to Section 35C(2A) to mean that merely because the initial stay order stood vacated, there can be no fresh stay order. In fact if such an interpretation is taken it would mean that a party would suffer merely because of the default of the Tribunal in expeditiously disposing of his appeal. In our opinion such interpretation should be eschewed as it w...
Kanyakubja Education Trust Vs. Deputy Registrar and ors.
Court: Allahabad
Decided on: Jul-09-2004
Reported in: 2004(4)AWC3069; (2004)3UPLBEC2699
M. Katju, J.1. Both the above special appeals are being disposed of by this common judgment.2. Special Appeal No. 703 of 2004 has been filed against the judgment of the learned single Judge dated 25.5.2004 in Writ Petition No. 38344 of 2003.3. Heard learned counsel for the parties.4. The facts of the case are that there is a society known as Kanyakubja Education Trust registered under the Societies Registration Act, 1860. The society has its own Rules. Rule 3 (d) of the Rules of the Constitution of the Trust states :'Office bearers shall be elected by the Board of Trustee for a period of four years.'5. There is no provision in the Rules of the Trust that the office bearers shall continue even after four years of the election until fresh election is held. Hence it follows that unless an election is held within four years of the previous election the office bearers automatically go out of office. In the present case, the election of the office bearers of the Trust was held on 10.6.1999 b...
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