Allahabad Court August 2004 Judgments
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Mohd. Arshad Vs. Industrial Tribunal and ors.
Court: Allahabad
Decided on: Aug-19-2004
Reported in: (2004)3UPLBEC2371
Tarun Agarwala, J.1. The petitioner has filed this writ petition challenging the award of the Industrial Tribunal which has rejected the claim of the petitioner. The State Government referred the matter to he Industrial Tribunal for adjudication of the dispute. The terms of the reference order was whether employers were justified in terminating the services of the workmen, Mohd. Arshad, w.e.f. 1.11.1986? If not, to what relief is the workman entitled to.2. The petitioner in his written statement contended that he was engaged as a driver in the Nagar Nigam, Allahabad in the Octroi Department on 1.9.1984. It is alleged that he worked continuously without any break in service till 31.10.1986 and on 1.11.1986 his services were dispensed with. The petitioner alleged that the termination of his services was in violation of the provisions of Section 6-N of the U.P. Industrial Disputes Act (hereinafter referred to as the Act) and that he had worked for more than 240 days in a year and, therefo...
Udai Pal Singh Vs. Smt. Pushpa and ors.
Court: Allahabad
Decided on: Aug-19-2004
Reported in: 2005(1)AWC558
S.N. Srivastava, J.1. Here it is necessary to recount a brief history of the case. The journey of the case began with the institution of suit by the petitioner in the year 1972. It culminated in judgment and decree in the year 2000. The execution application was filed in the year, 2001 but it would appear from the record that the executing court proceeded on erroneous reasoning, thus protracting execution of decree despite lapse of 32 years.2. The dispute in the instant petition relates to House No. 82 (132/17) situated in Teachers' Colony, Bulandshahr. The petitioner who is a retired Government servant from Nagaland, instituted a suit for the relief of possession of the property in dispute and award of Rs. 2, 400 as mesne profits for the period relating to past one year and pendente lite and future mesne profits at the rate of Rs. 200 per month. The suit was founded on the grounds that plaintiff was the real owner of the property and it was purchased for a consideration by the petitio...
Smt. Chandrawati Devi Vs. Phoolchand Bind and ors.
Court: Allahabad
Decided on: Aug-19-2004
Reported in: 2005(1)AWC782
ORDERM. Katju, J.1. This special appeal has been filed against the impugned judgment passed by the learned single Judge dated 19.2.2003. We have heard learned counsel for the parties and have perused the record.2. The respondent No. 1 in this appeal was elected as Pradhan of Gram Panchayat Gotwa, Vikas Khand Bhadurpur, Tahsil Phoolpur, district Allahabad. By an order dated 1.8.2002, he was removed from office on the ground that he is disqualified under Section 5A (c) of the U. P. Panchayat Raj Act.3. Against that order Writ Petition No. 33767 of 2002 was filed in this Court and by its judgment dated 20.8.2002 this Court set aside the said order of on the ground that opportunity of hearing was not given. However, the District Magistrate, Allahabad, was directed to pass a fresh order after giving opportunity of hearing to the petitioner. By the impugned order dated 8.1.2003 the District Magistrate, Allahabad, again removed the petitioner on the ground that he was disqualified to hold the...
Vishwanath Vs. Sampat and ors.
Court: Allahabad
Decided on: Aug-19-2004
Reported in: 2005(1)AWC584
B.S. Chauhan, J.1. This writ petition has been filed for quashing of the suit proceedings in Suit No. 1951 of 2002, Sampat and Ors. v. Vishwanath and Ors., pending before the learned Civil Judge, Junior Division Haveli, Azamgarh.2. The facts and circumstances giving rise to this case as alleged in this petition are that between the parties there had been a dispute in respect of the suit premises in the consolidation proceedings wherein the rights of the parties stood settled by the consolidation authorities. Being aggrieved, contesting respondents filed Writ Petition No. 29401/1999, Sampat and Ors. v. Deputy Director of Consolidation and Ors., which was dismissed by this Court vide judgment and order dated 30.7.2002. Respondents approached the Hon'ble Supreme Court by filing Special Leave to Appeal (Civil) No. 17902 of 2002, against the said judgment and order of this Court, which was also dismissed vide order dated 20.9.2004. The said respondents, who had been petitioners before this ...
Vijay Pratap and anr. Vs. Vith A.D.J. and ors.
Court: Allahabad
Decided on: Aug-19-2004
Reported in: 2005(2)AWC1181
Anjani Kumar, J.1. Heard Miss. Rama Goel, learned counsel appearing on behalf of the petitioners and learned standing counsel representing the respondent Nos. 1 and 2 as well as Sri Ravi Kant for respondent No. 32. The petitioners-landlord, aggrieved by an order dated 28th March, 1,997, copy whereof is annexed as Annexure-'IV' to the writ petition, passed by the trial court directing the return of the plaint for presentation before the regular civil court, as the suit in question is cognizable by regular civil court and not by Court of Small Causes, approached the revisional court by means of revision under Section 25 of the Provincial Small Cause Courts Act, 1887. The revisional court vide its order dated 16th July, 1998, copy whereof is annexed as Annexure-'V' to the writ petition, maintained the order passed by the trial court and dismissed the revision preferred by the petitioners-landlord. Aggrieved thereby the petitioners approached this Court by means of present writ petition un...
Committee of Management, Sarvodaya Shiksha Sadan Inter College and anr ...
Court: Allahabad
Decided on: Aug-19-2004
Reported in: 2005(2)AWC1884
M. Katju, J.1. This special appeal has been filed against the judgment of the learned single Judge dated 3.4.2002.2. We have heard the learned counsel for the parties and have perused the record.3. The writ petitioner (respondent No. 1 in this special appeal) was appointed as chowkidar on 1.8.1965 in Sarvodaya Shiksha Sadan Inter College, Bheerpur, Allahabad which is a recognised aided institution. The initial date of birth of Dev Raj Tiwari was recorded in the service record as 1.1.1933 on his own statement in absence of his educational certificate. Subsequently it was found that the respondent No. 1 wilfully and deliberately made concealment of fact that he had taken education in Primary School, Khain, Karchana, Allahabad and his date of birth is recorded in school records as 12.6.1925. Thereafter the Principal of the Institution issued a notice to the respondent No. 1 on 16.7.1987 by registered post to show cause why his date of birth be not corrected in view of the school certifica...
Kusum Lata Bajpai (Smt.) and ors. Vs. the Secretary Education Departme ...
Court: Allahabad
Decided on: Aug-19-2004
Reported in: (2005)2UPLBEC1462
R.B. Misra, J.1. Heard Sri Shrawan Dwivedi, learned Counsel for the petitioners, and Sri Sandeep Mukherjee, learned Standing Counsel for the State-respondents.2. In this petition prayer has been made for quashing the Order dated 26.8.1996 (Annexure-4 to the writ petition) passed by the Secretary, Minority Welfare Department declaring Smt. Anwari Begum Higher Secondary School, Chhibramau, District Kannauj as a minority institution.3. According to the petitioners, they are working as Assistant Teachers in Smt. Anwari Begum Higher Secondary School, Chhibramau, District Kannauj (hereinafter in short called as 'School') and have challenged the aforesaid Order declaring the said School as a minority institution on the ground that there has been no aim or object prescribed in the memorandum of the society while establishing the School, as the said School was established only in the interest and welfare of minority community and for imparting education to the students belonging to minority com...
Natha Ram Pathak Vs. Director, Prashikshan Evam Sevayojan and ors.
Court: Allahabad
Decided on: Aug-19-2004
Reported in: 2005(2)AWC1900
ORDERArun Tandon, J.1. Heard Sri Pankaj Agrawal advocate on behalf of the petitioner and learned standing counsel on behalf of the respondent Nos. 1 and 3.2. It is not necessary to issue notice to respondent Nos. 2 and 4 in view of the order proposed to be passed by this Court today.3. The petitioner has filed present writ petition against the order of the Director, Prashikshan Evam Sevayojan, U. P., Lucknow, dated 15th July, 2004, whereby the objections filed by the petitioner in pursuance of the order of this Court dated 17.11.2003, passed in Civil Misc. Writ Petition No. 7830 of 2003, have been rejected only on the ground that the same has not been filed within two weeks as was directed under order of this Court dated 17.11.2003, which has been enclosed as Annexure-10 to the writ petition.4. From the order passed by this Court, it is apparently clear that the direction to file the representation within two weeks was issued in view of the further direction that the representation sha...
U.P. State Road Transport Corporation Vs. Chetra Pal Singh and ors.
Court: Allahabad
Decided on: Aug-19-2004
Reported in: IV(2005)ACC403
Prakash Krishna, J.1. Kumari Babali aged about 11 years daughter of claimant-respondent Nos. 1 and 2 on 5th of June, 1991 at about 6.10 a.m. while going along her sister Kumari Asha was crushed to death by Bus No. U.P. 25 / 583. The accident took place near the turning point of the over bridge while going to the Temple of Baba Vishwanath. On account of the accident Kumari Babali expired on the spot. Iqbal Singh who was respondent No. 1 in the claim petition was driving the Bus in question. On account of the accident Kumari Babali expired on the spot. A First Information Report was lodged on 5th of June, 1991 at 6.30 a.m. and the driver of the Bus was arrested by the Police at 7.15 a.m near Rehariya.2. Claim petition No. 78 of 1991 was filed by the claimant-respondents claiming a compensation of Rs. 3,61,000 on account of death of their minor daughter Kumar Babali. The Claims Tribunal by its judgment and order dated 11.5.1994 has allowed the petition in part and quantified the damages a...
Santosh Kumar Shukla Vs. Director of Agriculture and anr.
Court: Allahabad
Decided on: Aug-19-2004
Reported in: [2005(105)FLR15]
Devi Prasad Singh, J.1. Heard learned Counsel for the parties.2. The short matrix of the case is that petitioner was appointed in Subordinate Agriculture Services Group-III on the post of Assistant Agriculture Inspector of Government Seed Store, Digharua, district Fatehpur by opposite party No. 2 w.e.f. 24th January, 1978.3. The submission of the learned Counsel for the petitioner is that for certain period petitioner was on medical leave. Thereafter, a department charge-sheet dated 3rd October, 1983 was issued by the Farm Management Officer, Allahabad to the petitioner with the allegation that the petitioner was guilty of unauthorized absence from duty as well as embezzlement or causing loss to the Government property for an amount of Rs. 80,000. A copy of charge-sheet has been filed as Annexure-1 to the writ petition. According to petitioner's Counsel the charge-sheet was served on the petitioner on 5th January, 1985. Petitioner had submitted reply to the charge-sheet in the year 198...
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