Allahabad Court November 2007 Judgments
Committee of Management, S.B. Inter College Through Its Manager, Shri ...
Court: Allahabad
Decided on: Nov-30-2007
Reported in: 2008(2)AWC2138
Pankaj Mithal, J.1. In Azamgarh there is an institution S.B. Inter College, Lahua Kalan which is a recognised institution receiving grant-in-aid from the State Government. The regular principal of the college R.N. Singh was placed under suspension in the year 1985 and in his place Sri Om Prakash Singh respondent No. 3 being senior most lecturer working at the institution was allowed to officiate. He continued to work as such till July 1993. It is said that during this period of officiating principal he committed financial and administrative irregularities, on account of which the Committee of Management of the institution (hereinafter Committee of Management) decided to hold a disciplinary inquiry against him. A three member inquiry committee was appointed. The respondent No. 3 did not appear before the inquiry committee and an inquiry report dated 30.9.1996 was submitted. The Committee of Management on its basis resolved to dismiss the respondent No. 3 from service vide resolution pas...
Tag this Judgment!Starian Employees Union Through Its Secretary and Ramesh Chandra Son o ...
Court: Allahabad
Decided on: Nov-30-2007
Reported in: [2008(117)FLR279]
Janardan Sahai, J.1. Starian Employees Union, Noida, Gautam Budh Nagar was registered under the Trade Unions Act, 1926. Its registration certificate was cancelled by the Registrar, Trade Union, U.P. by an order dated 8.7.2007. The Union preferred an appeal before the Labour Court-II, Ghaziabad under Section 11(aa) of the Trade Unions Act, 1926. It appears that the Labour Court before which the appeal was filed was constituted under Section 4-A of the U.P. Industrial Disputes Act, 1947. The Labour Court by order dated 21.9.2007 returned the appeal of the petitioners for presentation to the competent court. The petitioners have challenged this order of the labour court by means of the present writ petition.2. An appeal against an order of cancellation lies under Section 11 of the Trade Unions Act, 1926. Section 11(1) before its amendment by Act 31 of 2001 read as follows;11 (1). Any person aggrieved by any refusal of the Registrar to register a Trade Union or by the withdrawal or cancell...
Tag this Judgment!Naruttam Baiharwani Son of Sri Shyam Lal Baiharwani Owner of Firms, Na ...
Court: Allahabad
Decided on: Nov-30-2007
Reported in: III(2008)BC27
M.K. Mittal, J.1. The application has been filed for quashing the proceedings in Criminal Complaint Case No. 1372 of 2003 Sunil Chawala v. Narutttam Baiharwani and Anr., under Section 138 Negotiable Instrument Act (hereinafter referred as Act) pending in the Court of Judicial Magistrate, Aligarh.2. Heard Sri Dharmendra Singhal learned Counsel for the applicants and learned AGA. No one appeared for opposite party No. 2 inspite of sufficient service.3. The brief facts of the case are that opposite party No. 2 filed a complaint in the Court of Judicial Magistrate, Aligarh alleging that he has a firm Chawala Settlement and the accused No. 1 has a firm Naruttam Motor and Engineering Works. The accused No. 1 Naruttam Baiharwani is the owner of the firm and accused No. 2 who is son of accused No. 1 is Manger in the firm. The accused took Rs. One lakh on 20th July 2000 for their business and the complainant gave this amount through cheque No. 851494. The cheque was encashed by the accused pers...
Tag this Judgment!Raghuraj and Than Singh Sons of Sri Dulichandra Vs. State of U.P.,
Court: Allahabad
Decided on: Nov-30-2007
Reported in: 2008CriLJ1529
Vijay Kumar Verma, J.1. 'Can a criminal Court alter or review its Judgment or final order?' is one of the points that falls for consideration in this revision, which has been preferred against the order dated 15.04.2004 passed in S.T. No. 148 of 2002 State v. Samai Singh under Section 302 I.P.C. by Sri Vinod Kumar Yadav, the then Addl. Sessions Judge, F.T.C. 1st (Court No. 7), Gautam Budh Nagar, who suo motu exercising the power under Section 319(1) of the Code of Criminal Procedure altered earlier order and summoned the revisionists to face trial together with chargesheeted accused.2. The facts leading to the filing of this revision, in brief, are that an F.I.R. was lodged by O.P. No. 2 Samai Singh S/o Duli Chandra resident of Mohalla Kotetariyan, Kasba Jewar, District Gautam Budh Nagar on 07.12.2001 at P.S. Jewar, where a case under Section 302 I.P.C. was registered at crime No. 178 of 2001 against the first informant himself. It was averred in that F.I.R. by the first informant that...
Tag this Judgment!Union of India (Uoi) Through General Manager, North Eastern Railway Vs ...
Court: Allahabad
Decided on: Nov-30-2007
Reported in: [2008(116)FLR1046]
Rakesh Tiwari, J.1. Heard Sri Tarun Verma, learned Counsel for the petitioner and Sri N.K. Pandey, learned Counsel for the respondents.2. By order dated 6.11.2007 three weeks and no further time was granted for filing rejoinder affidavit as a last opportunity and case was peremptorily listed today. It appears from the order-sheet that earlier also time was allowed on 17.9. 2007 for filing rejoinder affidavit but no rejoinder affidavit has been filed till date.Sri Tarun Verma further requested that the matter may be decided on merits without rejoinder affidavit.The prayer is allowed. The Court in view of the prayer of the counsel is proceeding to hear the case.3. This petition has been filed against award dated 11.8.2004 passed by the Presiding Officer, Central Government Industrial Tribunal-Cum-Labour Court Sarvodaya Nagar, Kanpur Nagar U.P. in Industrial Dispute No. 95 of 1997.The facts of the case are that the Central Government, Ministry of Labour, vide notification No. 41011/1/96/1...
Tag this Judgment!Uttar Pradesh State Road Transport Corporation Through Its Regional Ma ...
Court: Allahabad
Decided on: Nov-30-2007
Reported in: [2008(116)FLR1041]
Rakesh Tiwari, J.1. Heard Counsel for the parties and perused the record. This writ petition has been filed for quashing the impugned award dated 19.1.2000 passed by the Labour Court, Agra.2. The facts of the case are that while the workman was on duty in Bus No. U.P. 80-A 9412 on 20.8.1995, it was checked and 27 passengers were found without tickets after departmental proceedings enquiry report was submitted by the Enquiry Officer on 12.2.96 finding the charge of carrying 27 passengers without tickets not proved against the workman. A show cause notice was however, issued to the workman proposing punishment of dismissal from service as the then competent authority disagreed with the report. Thereafter he was removed from service vide order dated 30.11.1996. The representation of the workman against the order of removal dated 30.11.96 was also rejected by the Chief Manager on 25.7.2007.3. The workman raised an industrial dispute, which was referred to the Labour Court, Agra by the Conc...
Tag this Judgment!Kamlesh Pant S/O Late Shri Rewa Dhar Pant Vs. Director, Allahabad Muse ...
Court: Allahabad
Decided on: Nov-29-2007
Reported in: 2008(1)AWC1034; [2008(116)FLR989]
Sudhir Agarwal, J.1. Aggrieved by the order dated 25.5.2006 passed by the Director. Allahabad Museum rejecting representation of the petitioner for compassionate appointment on the ground that there is no vacancy available for compassionate appointment, the petitioner has filed this writ petition under Article 226 of the Constitution of India for quashing the said order.2. Sri B.P. Srivastava, learned Counsel for the petitioner contended that the claim of the petitioner for compassionate appointment has been declined only on the ground that only 5% vacancies in class-4th are reserved for compassionate appointment and fixation of 5% vacancies for compassionate appointment is wholly arbitrary and discriminatory. He further contended that the financial condition of the petitioner is very weak and. therefore, the respondents are under a statutory obligation to provide compassionate appointment to the petitioner.3. However, I do not find any force in any of the aforesaid submission. Compass...
Tag this Judgment!Sita Ram Tripathi Son of Late Mata Raj Tripathi, Ex-manager of Committ ...
Court: Allahabad
Decided on: Nov-29-2007
Reported in: 2008(2)AWC2157
Rajes Kumar, J.1. By means of the aforesaid two writ petitions, petitioners of both the writ petitions are challenging the order dated 23.08.2007 passed by the Regional Level Committee. By the aforesaid order, the Regional Level Committee has approved the Committee of Management formed in an election held on 15.04.2007.2. The petitioner of writ petition No. 43016 of 2007 claims himself to be the lire long member of the General Body of the institution and claimed to have elected as Manager in the election held on 05.05.1994, 06.04.1997 and 02.04.2000. The petitioners of writ petition No. 44079 of 2007 also claimed to be the life long members of the General Body of the institution as well as the Society.3. Brief facts of the case are that there is a Society running an Intermediate College known as Shri Swami Krishnanand Intermediate College, Belwar, District Jaunpur. The institution is duly recognized under the U.P. Intermediate Education Act, 1921 and is also governed under U.P. Act No....
Tag this Judgment!Ram Sharan Lal Son of Sri Prahlad Singh Vs. State of U.P. Through Secr ...
Court: Allahabad
Decided on: Nov-29-2007
Reported in: [2008(117)FLR102]
Sudhir Agarwal, J.1. Heard Sri S.K. Pandey, learned Counsel for the petitioner and learned Standing Counsel for the respondents.Despite time having been granted to the respondents, no counter affidavit has been filed till date. However, learned Counsel for the petitioner submitted that he is raising a legal issue that the impugned order of suspension dated 10.7.2006 cannot be sustained under law, inasmuch as assuming the allegations mentioned therein to be correct, yet they do not constitute misconduct and, therefore, no disciplinary inquiry can be conducted against the petitioner. Learned Standing Counsel, in view of the nature of the arguments advanced by learned Counsel for the petitioner, stated that the writ petition may be heard on merits and he does not propose to file any counter affidavit. Therefore, with the consent of learned Counsel for the parties, under the Rules of the Court, this matter has been heard and is being decided finally.2. Learned Counsel for the petitioner re...
Tag this Judgment!Sandeep Kumar Rathi and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-29-2007
Reported in: 2008(1)AWC662
Rajes Kumar, J.1. By means of the present writ petition, petitioners seek the following reliefs:(a) issue a writ, order or direction in the nature of certiorari calling for the record of the case and to quash the impugned order dated 18.11.2006 passed by the Assistant Registrar Firms Society and Chits Saharanpur (Annexure-18 of this writ petition) ;(b) issue a writ, order or direction in nature of mandamus commanding/directing the Joint Director of Education, Saharanpur Region, Saharanpur to appoint the authorised controller over the institution Swami Kalyan Devi Balika Inter College Bhopa District Muzaffarnagar for holding the fresh election ;(c) issue a writ, order or direction in the nature of mandamus commanding/directing the respondent Nos. 2 and 3 not to approve the alleged election dated 1.10.2006 of the Committee of Management in which respondent No. 9 is elected as Manager during the pendency of the present writ petition ;(d) issue any such suitable writ, directions or order w...
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