Court : Allahabad
Reported in : 2005(4)AWC3236; 2005(3)ESC2103
Sunil Ambwani, J.1. Heard Sri V.K. Singh for the petitioner and learhed Standing Counsel.2. The Intermediate College, Dharao, Chandauli, District-Chandauli is a recognised and aided educational institution. Sri Indrajeet Singh Assistant Teacher. L.T. Grade retired, on which Sri Arjun Prasad, Assistant Teacher in C.T. Grade was promoted in the vacancy of 50% quota. The promotion was approved by the District Inspector of Schools , Varanasi on 31.12.1993. The management advertised the resultant vacancy in C.T. Grade, and after selections on the basis of quality point marks, the management appointed the petitioner Sri Jai Nath Prasad Maurya in the alleged short term vacancy on 20.8.1998. The District Inspector of Schools , Varanasi did not accord financial approval on which the petitioner filed writ petition No. 45442 of 2000 in which directions were issued to decide his representation.3. By the Government Order dated 11.8.1989 the C.T. grade was declared as a dying cadre. Thereafter no ap...
Tag this Judgment!Court : Allahabad
Reported in : IV(2005)ACC294; 2005(4)AWC3289; [2005(106)FLR968]
O.N. Khandelwal, J.1. This appeal under section 82 of the Employees State Insurance Act, 1948 (hereafter referred to as the ESI Act) has been filed against the order dated 27.4.1992 passed by the Employees Insurance Court, Kanpur.2. The respondent employee sustained employment injuries in his left ear on 30.10.1992 when he was on duty in the Elgin Mill No. 2 Kanpur. The first certificate was issued by the Insurance Medical Officer on 31.10.1992. He was administered analgesic and antibiotic medicines and remained under the continuous treatment from 31.10.1992 to 9.11.1992. Form No. BI (1) (a) duly filled by the Insurance Medical Officer was sent for information of the Medical Board. The Medical Board in Form BI (2) entered details and other employment injuries that of left eye on account of accident dated 9.6.1978, of left knee on account of accident dated 6.10.1987. The Medical Board vide its report dated 23.12.1992 examined and foundInjury (left) earO/E (On examination) no external sc...
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC1968
N.K. Mehrotra, J.1. This is a petition for issuing a writ in the nature of certiorari quashing the order of termination dated 13.5.1989 as contained in Annexure 3 to the writ petition.2. The case of the petitioner is that he joined his duties as a Constable in the 11th Battalion of P.A.C. on 1.10.1984. On 30.4.1988 he was suspended because of he being involved in a criminal case. He was recruited in service on 18.1.1989 but the question of payment of salary during the suspension period was kept undecided because of pending criminal case. After that one Khalil Ahmad made a complaint against the petitioner on 3.5.1989. The Company Commandant made enquiry from the petitioner about the allegation of the said complaint on 10.5.1989. On enquiry by the Company Commander, the petitioner denied the allegations made in the complaint of Khalil Ahmad. On 2.5.1989, the petitioner took one day's casual leave for going to Hardoi to attend the criminal case alongwith his mother. He came back and resum...
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3387
Anjani Kumar, J.1. This writ petition filed by the petitioner-tenant under Article 226 of the Constitution of India arises out of proceedings under Section 21(1)(a) of U.P. Act No. 13 of 1972 (in short 'the Act').2. The brief facts leading to filing of the writ petition are as under :'The respondent-landlord filed an application for the release of the accommodation in dispute under Section 21(1)(a) of the Act with the allegation that his family consists of himself, his wife and two sons who are unemployed and are to be engaged in business. The tenant can take some other accommodation. The petitioner contested the application by filing his written statement. The stand taken by the petitioner-tenant are that Arvind Kumar grandson of owner of the house in dispute Devi Saran has been collecting the rent on behalf of Devi Saran. Devi Saran, owner of the property in dispute, has large number of properties. Even with regard to Arvind Kumar who is collecting rent and may be covered within the ...
Tag this Judgment!Court : Allahabad
M.C. Jain, J.1. Mahtab Singh and his son Jai Pal Singh were tried before IV Additional Sessions Judge, Farrukhabad who has recorded their acquittal through judgement dated 20.12.2000 in question. The charge against both of them was of Section 302 read with Section 34 I.P.C. Mahtab Singh was also charged under Section 4/25 of Arms Act.2. The murder of one Ganga Singh took place in this incident which occurred on 28.9.1990 at about 9.00 P.M. in Mohalla Gandhi Nagar in the town of Kampil, Police Station Kampil, District Farrukhabad. The report was lodged the same day at 9.55 P.M. by an eyewitness Vinod brother of the deceased. The deceased was returning after taking bin from the betel shop of Rajpher. Mahtab Singh and his son Jai Pal Singh were in the way. The deceased Ganga Singh demanded his outstanding dues from Mahtab Singh. Instead of paying the same, he started hurling abuses. When Ganga Singh objected to it, he (Mahtab Singh) commanded his son Jai Pal Singh to catch hold of Ganga S...
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)ESC1547
Rakesh Tiwari, J.1. Common questions of law and facts are involved in all these writ petitions and they are, therefore, being decided by this common judgment. Writ Petition No. 36892 of 2004 is treated as leading case.2. Writ petition No. 36892 of 20044 has been filed for quashing the order dated 30.6.2004 passed by the respondent No. 1- Regional Labour Commissioner (Central) Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act'), Kanpur and notice dated 29.12.2003 for payment of gratuity under Rule 17 of the Payment of Gratuity (Central) Rules issued by the Controlling authority/the Assistant Labour commissioner (Central), Allahabad- respondent No. 2.BRIEF FACTS OF THE CASE3. Briefly stated, facts of the case are that Fertilizer Corporation of India Limited is a multi-unit Public Sector Undertaking. Of its 5 units, one is situate at Gorakhpur. An advertisement No. 35/89 was published in newspaper by the petitioners- the Fertilizer Corporatio...
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3372
B.S. Chauhan, J.1. This writ petition has been filed for quashing the show cause notice dated 27.4.2005 (Annex. 21); earlier similar notice dated 18.10.2003 (Annex. 20); and further FOR direction to decide the applications dated 31.3.2000 and 1.5.2000 (Annex. 3 and 4) of the petitioners, for compounding the construction raised in contravention of the Sanction Plan and for permitting change of user of the property in dispute.2. The facts and circumstances giving rise to this case are that petitioner had purchased Property No. II/B-1, Nehru Nagar, District Ghaziabad, measuring 572.40 sq. mtrs. vide Registered Sale Deed dated 7.10.1983. Petitioners applied for sanction of the Plan for construction over the said land, and it was sanctioned by the Ghaziabad Development Authority (hereinafter called the Authority) respondent No. 3 vide order dated 11.11.1983 for residential purpose. Petitioners raised constructions to a certain extent in addition to and in contravention of the Plan sanctione...
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1123
Vikram Nath, J. 1. This writ petition filed by the landlady is directed against the judgment and order dated 23.4.1987, 20.4.1987 and 10.12.1985, passed by respondent Nos. 1 and 2 whereby the application of the landlady for declaration of vacancy and subsequent release in her favour has been dismissed.2. The dispute relates to two rooms situated on the ground floor of house No. 109/357, Ram Krishna Nagar, Kanpur of which the petitioner is the landlady and one Radhey Shyam Sonkar was the tenant of the aforesaid disputed accommodation. It is alleged that the family of Radhey Shyam consisted of himself his wife Smt. Shitla Devi and five sons and two daughters namely Nand Lal, Jaswant, Sri Krishna, Balwant, Suraj, Urmila and Km. Manno. Radhey Shyam Sonkar acquired vacant accommodation comprising of 107/3, Dwarikapuri Bazar, Kanpur, further his son Nand Lal purchased House No. 107A/6 Chandra Nagar, Kanpur in the name of his wife Smt. Saroj. It was further alleged that Radhey Shyam acquired ...
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3127; 2005(3)ESC1742
B.S. Chauhan, J. 1. This writ petition has been filed for quashing the order dated 27.04.2005(Annex.8) passed by the respondent No. 3 by which the names of the petitioners as well as their two sons; and one daughter have been deleted from the provisional voter list: prepared for the purpose of forthcoming Panchayat Raj elections. 2. The facts and circumstances giving rise to this case are that petitioners, claim to be resident of village Bhanjanpur, Gram: Panchayat Payagpur Ramgarhwa, Block Manda, Tehsil Meja, District Allahabad. There, they have a, house, immovable properties and their family members reside therein. Earlier names of the petitioners as well as their children existed in the voter list and they had exercised the right to vote in the last elections for the Parliaments well as the State Assembly. Their names appeared in the voter list prepared for Gram Panchayat election also. The elector roll was published for the purposes of, holding the elections of Gram Panchayat on 01...
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3876
Vikram Nath, J.1. This writ petition has been filed by the tenant for quashing the order dated 4.4.1995 and 24.12.1991, passed by respondent Nos. 1 and 2 whereby the application of the landlord respondent No. 3 for release of the premises in dispute under Section 21(1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) has been allowed and the appeal against the same has been dismissed.2. The dispute relates to shop No. 16 situate in Ward No. 3 Railway Road, Kasba Agrawal Mandi Tatiry Pargana Tahsil Bagpath, district Meerut (hereinafter referred to as shop In dispute). Undisputedly the respondent No. 3 is the owner and landlord of the premises in dispute and petitioner is a tenant. The respondent No. 3 filed an application for release of the shop in dispute setting up a need that his son Jagmohan and daughter-in-law Smt. Manju (wife of Jagmohan) are unemployed and therefore, need the shop in dispute for setting up a...
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