Allahabad Court November 2007 Judgments
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Housila Pandey Son of Dhanraj Pandey (Assistant Agricultural Inspector ...
Court: Allahabad
Decided on: Nov-29-2007
Reported in: 2008(2)AWC1354
V.K. Shukla, J.1. Petitioner appeared in Subordinate Agricultural Service Examination held under the Directorate of Agriculture, U.P. in the year 1968, and stood first in Lucknow Region and was placed at sixth position in the State of U.P. He was finally selected and thereafter in pursuance of letter of Joint Director of Agriculture (Administration) dated 17.11.1971, petitioner was allocated under the District Agriculture Officer, Raebareli, and. communication qua the same was sent on 30.11.1971 by Deputy Director of agriculture, Lucknow Region, Lucknow, asking the petitioner to report and join under the District Agriculture Officer, Raebareli, within seven days of the receipt of the letter, failing which appointment order would be treated as cancelled. Relevant extract of the said order dated 30.11.1971 is being quoted below:In pursuance of Joint Director of Agriculture (Admn.) U.P.'s letter No. AC-3224-26/3 Appt. 70 dt. 17.11.1971 Sri Hausila Pandey is hereby allotted under the Distt...
Siel Limited, Unit Mawana Sugar Works Vs. State of U.P. Through the Se ...
Court: Allahabad
Decided on: Nov-29-2007
Reported in: [2008(116)FLR565]
Rajes Kumar, J.1. Present writ petition under Article 226 of the Constitution of India is against the award dated 27.06.1998 passed by the Presiding Officer, Industrial Tribunal-V, U.P., Meerut in Adjudication Case No. 137 of 1995, which has been published on 16.01.1999 in view of the Government Order No. 947 dated 19.12.1998.2. The aforesaid award was given by the Industrial Tribunal on Reference being made under Section 4-K. for the adjudication of the following disputes:KYA SEVAYOJAKO DWARA APNE SHRAMIK SHRI DILIP MANI DUBEY, SON OF SRI R.N. DUBEY KO DINAK 1.2.95 SE SEVA SE PRATHAk/VANCHIT KIYA JANA UCHIT TATHA/ATHVA VAIDHANIK HAI? YADI NAHI, TO SAMBANDHIT SHRAMIK KYA HITLABH/ANUTHOSH (RELIEF) PANE KA ADHIKARI HAI TATHA ANYA KIS VIVRAN VA TITHI SAHIT?Tribunal has framed the following additional issues:1. Whether the concerned workman was engaged for temporary nature of work, if so, its effect?2. Whether the workman concerned worked for more than 240 days during the last year of his ...
Superintending Engineer, Vs. the Prescribed Authority (Payment of Wage ...
Court: Allahabad
Decided on: Nov-28-2007
Reported in: [2008(116)FLR905]; (2008)IILLJ453All
Rakesh Tiwari, J.1. Heard learned Counsel for the parties.2. This petition has been filed challenging the validity and correctness of the appellate order 17.9.2003 passed by the District Judge, Kanpur Nagar in Appeal No. 18 of 2003, Superintending Engineer, Electricity Transmission Circle and Ors. v. Smt. Chhaya Saxena and Ors. arising from order dated 20.6.2006 passed by the City Magistrate, Kanpur Nagar appointed as Prescribed Authority under the Payment of Wages Act, 1936.3. The brief facts of the case are that Sri A.K. Sexena husband of respondent No. 3 Smt. Chhaya Sexena was a clerk in U.P. Power Corporation Limited (Transmission Division) at Kakadeo Kanpur. He fell seriously ill and he was initially admitted in the Mariampur Hospital Kanpur Nagar on 8.9.1998, which was recognized for the treatment of employees by the U.P. Power Corporation Limited. As the treatment of Sri A.K. Sexena required better medical facilities, which was not available in the aforesaid Mariampur Hospital, ...
Shyam Bihari Lal (Since Deceased) Through Heirs and L.Rs. Vs. Santosh ...
Court: Allahabad
Decided on: Nov-28-2007
Reported in: 2008(1)AWC914
Sunil Ambwani, J.1. Heard Shri K. M. Garg, learned Counsel for the petitioner-tenant. Shri Subodh Kumar appears for respondent-landlord.2. The respondent-landlord has filed a caveat. Both the counsels were heard at the admission stage. Shri Subodh Kumar made a statement that he does not want to file counter-affidavit. With the consent of parties, the matter was heard and is finally decided.3. The petitioners are tenant of House No. 83/72A, Tiwari Gali, Chhatta Bazar, Mathura. Shri Dwarika Prasad Chaturvedi, the father of the respondent-landlord filed an application for release of the premises for bona fide need for use and occupation under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short the Act), being Suit No. 26 of 1979, Dwarika Prasad v. Shyam Bihari Lal. The prescribed authority dismissed the suit on 7.12.1979. Shri Dwarika Prasad filed a Rent Control Appeal No. 42 of 1979, which was dismissed on 16.9.1981. He filed Writ Petit...
Mohd. Shahid Vs. Motor Accident Claims Tribunal and ors.
Court: Allahabad
Decided on: Nov-27-2007
Reported in: 2008(2)AWC1649
Rakesh Tiwari, J.1. List has been revised. None appears for the respondents. Heard counsel for the petitioner.2. This writ petition has been filed challenging the validity and correctness of the order dated 28.7.2004, passed by the Motor Accident Claims Tribunal/Special Judge (E.C. Act). Meerut.3. It appears that the petitioner met with an accident with Truck No. U.H.N. 2444 belonging to respondent No. 3 in which the petitioner received injuries. He filed claim petition before the Motor Accident Claims Tribunal, Meerut which was registered as M.A.C. No. 315 of 1998, Mohd. Shahid v. Khan Mohammad and Anr.4. The Motor Accident Claims Tribunal allowed the claim vide its order dated 24.3.2001 awarding compensation of Rs. 1,12,000 with 9% per annum interest to the petitioner from the date of the filing of the claim petition till the realization of the amount against respondent No. 3.5. The Tribunal further directed respondent No. 3 to pay the aforesaid amount within 30 days to the petitione...
Ram Prasad Son of Sri Ram Deo Vs. the District Judge and Inquiry Offic ...
Court: Allahabad
Decided on: Nov-27-2007
Reported in: [2008(116)FLR901]
H.L. Gokhle, C.J.1. Heard Sri Anand Prakash Srivastava in support of this appeal. Sri Amit Asthalekar appears for the respondents.2. The appellant is working as class 111 employee under the first respondent, District Judge, Varanasi (U.P.). A complaint was made against him on 19th September 1991 that at about 1.30 p.m. he had assaulted a class IV employee one Jawahar Lai. A preliminary inquiry was conducted first, thereafter a departmental inquiry was conducted. The order reducing the appellant to lower pay scale has been passed. Against this order a Writ Petition bearing No. 53646 of 1999 (Ram Prasad v. The District Judge, Varanasi and Anr.) was filed. Learned Single Judge has dismissed the writ petition and hence this appeal has been filed.3. Mr. Srivastava, learned Counsel for the appellant submitted that principles of natural justice were violated. The appellant did not get an opportunity of hearing. From the final order which has been passed it is seen that on the request of the a...
Mahendra Singh Chaudhary Vs. Rent Control and Eviction Officer and ors ...
Court: Allahabad
Decided on: Nov-26-2007
Reported in: 2008(1)AWC569
S.U. Khan, J.1. Heard learned Counsel for the parties.2. This writ petition has been filed by allottee, who has been dispossessed either immediately before or after filing of the writ petition. This writ petition was filed during summer vacation on 7.6.2006 and on 9.6.2006, it was directed to be put up as fresh on 4.7.2006. It is admitted to the petitioner that before 4.7.2006, he had been dispossessed.3. Earlier also matter came up before me in the form of Writ Petition No. 9334 of 2004, which was allowed on 5.9.2005.4. Property in dispute is a shop, which was allotted to the petitioner by R.C. & E.O., Mathura on 1.1.2003. In execution of the aforesaid allotment order, Gopal Prasad Agrawal-respondent No. 2 in this writ petition was dispossessed on 3/4.3.2004 and possession was delivered to the petitioner. According to the respondent No. 2, he is owner of the shop in dispute and was running a medical store in the said shop for a long time, when he was suddenly dispossessed without any ...
indu Bhushan Gupta (D) by L.Rs. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-26-2007
Reported in: 2008(1)AWC1037
S.U. Khan, J.1. Heard learned Counsel for the parties.2. This is plaintiffs first appeal arising out of Original Suit No. 50 of 1968. The suit was dismissed in part on 13.6.1986 by IVth Additional District Judge, Azamgarh. The main relief sought in the plaint of the suit was for declaring void auction sale dated 25.6.1968 in favour of defendants No. 7 to 16. (Fifty five acres of land was sold to these 10 persons separately, area wise. Defendant No. 11--Rudra Pratap Singh did not deposit the amount, hence sale in his favour did not materialise.3. According to the plaint allegations in brief, plaintiff as karta of Joint Hindu Family consisting of himself and defendants No. 5 and 6, Sri Sashi Bhushan Gupta and Sri Sachindra Nath Gupta obtained a loan of Rs. 1,22,000 (one lac twenty two thousand only) from defendants No. 2 and 4, Collector, Azamgarh and Secretary, Board of Revenue, Lucknow for improvement of Joint Hindu Family, Mukundpur Farm having an area of 183.722 acres situate in vill...
U.P. State Road Transport Corporation Through the Regional Manager Vs. ...
Court: Allahabad
Decided on: Nov-23-2007
Reported in: [2008(116)FLR1161]
Rakesh Tiwari, J.1. List has been revised. Counsel for the respondents is not present. Heard counsel for the petitioner and perused the record.This writ petition has been filed for quashing the impugned award dated 19.1.2001 (Annexure-2 to the writ petition) passed by the Labour Court (IV), UP. Kanpur in Adjudication Case No. 15 of 1999.2. Respondent No. 1 workman was appointed on the post of driver in the erstwhile U.P. Government Roadways in the year 1967. U.P. State Road Transport Corporation was created in 1972. Thereafter all the employees of the erstwhile U.P. Government Roadways were sent on deputation to the Corporation.3. It is alleged that the respondent workman was also sent on deputation on 3.5.1972 and thereafter he was absorbed in the services of the Corporation in the year 1982. Regulation 37 of the Service Regulations framed by the Corporation provides the age of retirement of Group-C employees at the age of 58 years. The respondent workman retired from service on attai...
Talupula Engineering Company Through Its Proprietor and Chief Executiv ...
Court: Allahabad
Decided on: Nov-23-2007
Reported in: 2008(1)ARBLR470(All); 2008(1)AWC671
H.L. Gokhale, C.J.1. Heard Mr. U.N. Sharma in support of this petition. Mr. S.P. Singh appears for the respondents.2. The petitioners are contractors who had entered into an agreement with the respondents-Railways on 21.2.2005 for constructing a Bridge in Andhra Pradesh. It is their lease that a cyclone took place between September to December, 2005, because of which, the work could not be proceeded. They invoked the (Force Majeure) Clause on 7.11.2005 to point out their difficulties. On 19.7.2006, they terminated the contract. The actual quotation of the claim was done on 25.7.2006 as amounting to Rs. 3.5 crores.3. The present Arbitration Application under Section 11(6) of the Arbitration & Conciliation Act, 1996 has been filed on 17.8.2006. It is submitted that inasmuch as the demand for appointment of the Arbitrator was made and the Arbitrator was not appointed within 30 days, this Court should appoint the Arbitrator as sought by the petitioners.4. On behalf of the respondents, it i...
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