Court : Allahabad
Reported in : [2005(106)FLR420]
V.C. Misra, J.Sri J.N. Tiwari Senior Advocate assisted by Sri P.K. Singh learned counsel for the petitioner, learned standing counsel on behalf of respondent Nos. 1 and 2 and Sri B.N. Singh learned counsel for the respondent No. 3 are present.1. The present writ petition has been filed by the petitioner-company which is engaged in production and manufacture of alcohol and spirit against a licence from the State Government challenging the impugned award dated 30.6.1994 passed in Adjudication Case No. 100 of 1990 reinstating the respondent No. 3-workman with continuity in service along with full back wages and consequential benefits who had been engaged by the petitioner-company on 3rd January 1988 and continued till 15th July 1989 after which he was not allowed to work and was not paid the retrenchment compensation etc. in contravention to the provisions of Section 6-N of the U.P. Industrial Disputes Act, 1947.2. Counter and rejoinder affidavits have been exchanged between the parties a...
Tag this Judgment!Court : Allahabad
Reported in : [2006]145STC505(All)
R.K. Agrawal, J.1. Regarding tax sage Ved Vyas in his famous epic Mahabharat thus said:'State Tax be such which should not prove to be a burden on the subject; the King should behave like those bees which collect honey without causing harm to the tree.'(12/88/4)(translated by us).2. The aforesaid golden words were reiterated by the famous economist and statesman Vishnu Gupta, popularly known as Chanakya alias Kautilya, of the Maurya period in his famous treaties 'Arthashastram' written near about 320 B.C. The aforesaid golden words which fell from the pen of sage Ved Vyas and reiterated by Kautilya, is the foundation stone of State taxation in our country. However, while making the refund, this principle is conveniently forgotten by the authorities.3. How far the Trade Tax authorities can go in order to ensure that the target fixed for collecting the revenue in a fiscal year is achieved and they are not asked to give explanation for the short fall, can be seen in the present case. Whil...
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC1599
V.K. Shukla, J.1. Petitioner, in instant writ petition, is assailing the validity of the decision taken by the U.P. Secondary Education Service Selection Board, Allahabad, dated 3.3.2005 and the consequential order of dismissal dated 5.4.2005 as communicated by the Manager of Puwayan Inter College, Puwayan, District Shahjahanpur.2. The facts giving rise to instant writ petition, in brief, are that in the district of Shahjahanpur, there is a recognised aided educational institution, which is governed by the provisions as contained under U.P. Act No. 2 of 1921, U.P. Act No. 5 of 1982 and U.P. Act No. 24 of 1971. In the said institution, petitioner was appointed as assistant teacher on 19.9.1972. Thereafter, by communication dated 17.3.1997, promotion was accorded to the petitioner in Lecturer's Grade against the vacancy which was caused on account of death of one Uttam Mishra. District Inspector of Schools also issued consequential order. The Management, it has been mentioned, was not ha...
Tag this Judgment!Court : Allahabad
Reported in : [2005(106)FLR423]
Tarun Agarwala, J.1. U.P. Police Headquarters, Allahabad issued an advertisement dated 2.6.2003 inviting applications to fill up 165 posts of Constable (Ministerial) in the Police Department from the backlog of the vacancies reserved for the Schedule Caste and Schedule Tribe candidates; Out of these 165 posts, 125 posts were required to be filled up from the candidates belonging to the Schedule Caste and 41 posts were to be filled up from the candidates belonging to the Schedule Tribe. Based on the aforesaid advertisement, the petitioners applied and sat in the written examination as well as in the typing test, in which they qualified. Thereafter, the petitioners were called for an oral interview and eventually on 13 8.2003, a select list was issued which included the names of the petitioners. Thereafter, the petitioners were directed to appear in the medical examination in which the petitioners were found to be medically fit. The entire process was completed and only a ministerial tas...
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3633
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. The petitioners have challenged the validity and correctness of the orders dated 26.5.87 and 18.7.90 passed by respondent No. 2 arising out of the proceedings under Section 143 of the U.P. Z.A. & L.R. Act. The petitioners have also challenged the order dated 8.2.2002 passed by the Addl. Commissioner (Judicial) First, Varanasi Region, Varanasi dismissing Revision No. 49 of 1999 filed by the petitioners against the aforesaid orders passed by the Up-Zila Adhikari Machchlishahar, District Jaunpur.Background of the case.3. The dispute in the writ petition is with regard to new plot No. 538 area 0.08 acre which was carved out during consolidation proceedings corresponding to old plot No. 1958/4 area 0.08 acre situate in village Gauriadeeh, Pargana Mungra Tehsil Machchli Sahar, District Jaunpur.4. The land in dispute was formerly under the tenancy of Mahadeo son of Girdhari and Ram Autar son of Shivbheekh with transfe...
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC2012
A.P. Sahi, J.1. The petitioner has come up with a prayer to issue a direction to the respondents, respondent Nos. 1, 2 and 4 in particular to ensure payment of salary to the petitioner with effect from December 1997 onwards along with interest thereon and also for quashing of the proceedings undertaken by respondent No. 4 for making appointment on the post of clerk in the institution which post is occupied by the petitioner.2. The institution in question is a Sanskirit Madavidyalaya affiliated to the Sampurnanand Sanskirit University, Varanasi. The institution is on the grant in aid list of the State Government and the post of clerk has been created in the institution vide government orders referred to in the writ petition. The post of clerk was advertised against which the petitioner was appointed by the resolution of the committee of management dated 19.9.1982. There was some dispute in the institution in the year 1990 which subsided. However, the dispute again arose in the year 1995...
Tag this Judgment!Court : Allahabad
Reported in : [2006]281ITR302(All)
1. The Income-tax Appellate Tribunal, Allahabad, has referred the following question of law under Section 256(2) of the Income-tax Act, 1961, (hereinafter referred to as 'the Act'), relating to the assessment years 1989-90 and 1990-91 for opinion to this Court :Whether, on the facts and in the circumstances of the case, the Tribunal is legally correct in reducing the penalty imposed under Section 272A of the Income-tax Act, 1961, for the assessment years 1989-90 and 1990-91, resorting to the proviso to Section 272A(2) inserted by the Finance (No. 2) Act, 1991, with effect from October 1, 1991 2. The brief facts of the case are that admittedly, the assessee-respondent (hereinafter referred to as 'the assessee'), filed Form No. 26C for both the years on November 27, 1990, as against the due date of May 20, 1989, and May 20, 1990, respectively, resulting in a delay of 510 days and 145 days. The assessing authority levied the penalty under Section 272A of the Act on account of late filing ...
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC2050; [2005(105)FLR1028]; (2005)IIILLJ116All
R.P. Misra and A.P. Sahi, JJ.1. The present writ petition has been filed by the Unit of the petitioner Union' looking after the welfare of the Employees of the Hotel Agra, Ashok Agra, praying for Mandamus commanding the respondents not to implement the notification dated 23.12.1996 as well as the other (notifications issued in this regard, under the Employees State Insurance Act 1948 and the Rules framed thereunder, primarily on the ground that the Employees of the petitioner's union are enjoying comparatively more advantageous benefit than under 1978 Rules made applicable to the petitioner by the respondent employer and that the applicability of the E.S.I. Act and the notifications made thereunder would seriously prejudice the rights of the petitioner.2. We have heard Sri V.K. Upadhyay, leamed counsel for the petitioner, Sri P.K. Pandey, learned counsel for the respondents No. 1 and 2 and Sri Namwar Singh, learned counsel for the respondent No. 3. who has also appeared for the petitio...
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3257; [2005(106)FLR639]
Tarun Agarwala, J. 1. The petitioner's father was a permanent etnployet in the office of the Executive Engineer, Betwa Canal Division Oraii in Jalaun, He Hied ill harness on 25.2.1989. Upon his death, the petitioner; mother, Smt Kewal, was given an appointment as a Class TV employee under the Dying in Harness Ruiek She .also died in harness on 25.11.1999. The petitioner was a minor at the time of the death Of hermother and upon reaching the age of majority submitted an application before the Executive Engineer on 5.7,2003, which was also within the stipulated period of 8 years, for an appointment on compassionate ground under the Dying in James's' Rules. The petitioner was informed that; the appointing authority, in cases of appointments under the Dying in Harness ,Rules, was the Superinttinding Engineer and accordingly the petitioner vide an application dated .28.9.2003, represented the Superintending; Engineer for an appointment on compassionate ground. The Executive Engineer by an o...
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2080; 2005(3)ESC2042; (2005)2UPLBEC1687
Tarun Agarwala, J.1. Various posts were advertised in the year 1998 for an appointment of a Gram Vikas Adhikari. The petitioner applied and appeared in the written examination, in which he was successful and thereafter appeared in the interview before the District Committee. A select list was issued in which the petitioner was placed at serial No. 2 of the list of the waiting candidates. Out of 69 posts, 67 posts were filled up from the select list and by an order dated 7.8.2001, two persons from the waiting list, namely, Raghendra Singh and Lal Chandra were appointed. The petitioner contended that by an order dated 28.1.2000, the Additional Commissioner Administration Rural Development, U.P. Lucknow had written a letter to all the District Development Officers in the State of U.P. to indicate the number of vacancies existing on the post of Gram Vikas Adhikari. Pursuant to the said letter the District Development Officer, Gorakhpur by a letter dated 9.2.2000 intimated that twenty two p...
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