Allahabad Court November 2007 Judgments
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Smt. Poonam Sharma Vs. District Judge/Family Court and anr.
Court: Allahabad
Decided on: Nov-23-2007
Reported in: 2008(1)AWC383
Janardan Sahai, J.1. The petitioner Smt. Poonam Sharma and Dr. Girish Kumar Sharma the respondent No. 2 were married in the year 1986. A joint petition for divorce under Section 13B of the Hindu Marriage Act was filed by the parties in the year 2005. Subsequently the petitioner applied for withdrawing her consent. The application for withdrawal of the consent was opposed by the respondent No. 2 Dr. Girish Kumar Sharma. The family court passed an order dated 4.12.2006 holding that before the petitioner could be allowed to withdraw her consent it was necessary to examine whether the consent first given by her was voluntary or was obtained by coercion etc. and whether the withdrawal of the consent is also bona fide and that on these points the parties should be allowed to adduce evidence. On 18.4.2007, the family court framed three issues : whether the consent of the petitioner Smt. Poonam Sharma in the joint petition was obtained by fraud and whether application for withdrawing her conse...
Smt. Lalita Wife of Late Sri Lalit Kumar Singh and Virendra Singh Adop ...
Court: Allahabad
Decided on: Nov-23-2007
Reported in: 2008(2)AWC2142
S. Rafat Alam and Sudhir Agarwal, JJ.1. We have heard Mr. Sajnu Ram, learned Counsel for the petitioners and Sri Govind Saran, learned Standing Counsel for the respondents-Railway and also perused the record.2. The petitioners are aggrieved by the judgment order dated 31.7.2007 passed by the Central Administrative Tribunal, Allahbad Bench, Allahabad (in short the Tribunal) dismissing Original Application No. 419 of 2004 (Smt. Lalita and Anr. v. Union of India and Anr.) whereby the petitioners have sought for mandamus commanding the respondents to provide compassionate appointment to petitioner No. 2.3. It is not disputed that Late Lilit Kumar Singh was the employee of the Railway Department, and died on 12th October, 1989. At that time petitioner No. 2 was minor, who claims to be the adopted son of petitioner No. 1 (deceased employee). Petitioner No. 2 has disclosed his age 28 years in the affidavit, he must have attained majority in the year 1998. It is not the case of petitioner No. ...
Union of India (Uoi) and ors. Vs. Rajeev Kumar Tyagi and anr.
Court: Allahabad
Decided on: Nov-23-2007
Reported in: [2008(116)FLR225]
S. Rafat Alam and Sudhir Agarwal, JJ.1. We have heard Dr. Ashok Nigam, learned Additional Solicitor General of India assisted by Sri Subodh Kumar, learned Counsel for the petitioners and Sri K.P. Singh, learned Counsel for respondent No. 1.2. Aggrieved by the order dated 8.11.2007 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad (in short the 'Tribunal') in Original Application No. 995 of 2007 (Rajeev Kumar Tyagi v. Union of India and Ors.) the petitioners have filed his writ petition in so far as it has directed the petitioners to allow respondent No. 1 to retain official accommodation at Rampur till 31.12.2007.3. It is contended that respondent No. 1 was transferred from Rampur to Moradabad on 16.6.2007 and pursuant there to he already joind on on 14.8.2007. In his capacity as Deputy General Manager (MSC-WLL) he is entitled for official accommodation at Moradabad which has been allotted vide order dated 5.10.2007 (Annexure-5 to the writ petition) and, therefo...
Awadh Naresh Sharma S/O Kamla Kant Sharma Vs. State of U.P. Through Se ...
Court: Allahabad
Decided on: Nov-22-2007
Reported in: 2008(1)AWC673
1. Heard Sri Ashok Khare, Senior Advocate appearing with Sri P.N. Ojha for appellant., Sri G.C. Upadhyay, Standing Counsel for the State appearing for respondents No. 1, 3 and 4, Sri R.P. Dubey appearing for respondent No. 2 are Sri P.K. Ganguli appearing for respondent No. 6.2. Mr. Ashok Khare seeks to delete respondent No. 5, Committee of Management, Rani Murar Kumari Balika Inter College, Bhojubir, Varansi as no relief is sought against it. He is permitted to do so during the course of the day.3. The appellant herein is the Joint Director of Education (Basic). He was earlier working as the Secretary of respondent No. 2, U.P. Secondary Education So. vice Selection Board, Allahabad.4. Respondent No. 6 herein had applied for the post of Assistant Teacher in L.T. Grade in pursuance of an advertisement No. 1 of 2001 of U.P. Secondary Education Service Selection Board. She was amongst the successful candidates and her name was recommended for appointment at tin intermediate college at Luc...
Sanjay Mohan Son of Sri Braj Narain, Director of Education (Secondary) ...
Court: Allahabad
Decided on: Nov-22-2007
Reported in: 2008(1)AWC1050
1. Heard Mr. Ashok Khare, Senior Advocate assisted by Mr. P.N. Ojha appearing for the appellant, Mr. Girish Chandra Upadhyay, Standing Counsel for the State appearing for respondents No. 1, 3 and 4 and Mr. R.P. Dubey appearing for respondent No. 2. Mr. Sanjay Kumar appears for respondent No. 5. All respondents are served.2. The appeal was admitted by an order passed by a Division Bench, in which one of us (Hon. H.L. Gokhale, C.J.) was a party, on 1.11.2007. With the consent of the counsel appearing for the respondents the appeal is taken up for final hearing and is being disposed of.3. This appeal arises out of writ petition No. 9456 of 2007 filed by the respondent No. 5 herein, one Puran Lal Sonkar, father of one Km. Sunaina Devi. The prayer in the petition was to direct the State of U.P. and the Additional Secretary, Madhyamik Shiksha Parishad to consider the request of the petitioner for providing examination centre at Mahatma Joti Rao Phule Vidya Ashram Higher Secondary School, Kar...
Jagdish Chandra Gangley Son of Late Sita Ram Gangley Vs. Presiding Off ...
Court: Allahabad
Decided on: Nov-22-2007
Reported in: [2008(116)FLR1043]
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. This writ petition has been filed for quashing the impugned award dated 24.11.1995 passed by the Labour Court (I), U.P. Kanpur in Adjudication Case No. 209 of 1992.3. The petitioner workman was appointed on the post of Store-keeper-cum-purchaser in the establishment of respondent No. 2 in the year 1987.It is alleged by the workman that the employers became annoyed from him on account of his actively taking part in the union activities and has terminated the services of the workman vide order dated 11.3.1991. He raised a dispute before the Conciliation Officer. Conciliation proceedings having failed the following matter of dispute was referred to the Labour Court (I) U.P. Kanpur, which was registered as Adjudication Case No. 209 of 1992.D;k lsok;kstdks }kjk vius lEcfU/kr Jfed Jh txnh'k pUnz xaxsys iq= Jh lhrk jke xaxsys dh lsok;s fnukad 25-9-91 ls lekIr fd;k tkuk mfpr rFkk oS/kkfud gS ;fn ugh] rks lacaf/kr Jfed ...
State of U.P. Through Soil Conservation Officer, National Water Shed V ...
Court: Allahabad
Decided on: Nov-22-2007
Reported in: [2008(116)FLR509]
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 21.9.2000 published on 5.1.2001 passed in Adjudication No. 236 of 1999 by the Labour Court, U.P. Kanpur.Respondent No. 2 workman was appointed as Chaukidar in the office of Soil Conservation Officer, National Water Shed, Jhansi since 1.1.1987 and had worked till 9.11.90 but was illegally restrained from working since 19.11.90 and prayed for his reinstatement as a Chaukidah2. A dispute was raised by the workman before the Regional Conciliation Officer. On conciliation proceedings having failed, the following matter of dispute was referred to the Labour Court, Kanpur where it was registered as Adjudication Case No. 236 of 1999.D;k Jfed Jh lqjs'k iq= tequk izlkn in prqFkZ Js.kh gS nSfud osru Hkksxh dh lsok;sa fnukad& 20&8&98 ls lsok;kstdks }kjk lekIr fd;k tkuk vuqfpr ,oa voS/kkfud gS ;fn gkW rks Jfed fdl mi'keu ikus dk vf/kdkjh gS The Labour Cou...
Junior Engineer, U.P. Jal Nigam, Construction Division Vs. Presiding O ...
Court: Allahabad
Decided on: Nov-22-2007
Reported in: 2008(2)AWC2127; [2008(116)FLR558]
Rakesh Tiwari, J.1. Heard counsel for the petitioner and the respondents as well as learned Standing Counsel.2. U.P. Jal Nigam is a body corporate established under the provisions of U.P. water Supply and Sewerage Act, 1975. The main function of the U.P. Jal Nigam is to execute projects under various schemes in regard to water supply and sewerage, sponsored by State Government of any other local body or institution. After completion of the schemes the projects are handed over to the sponsoring body. The Chairman, U.P. Jal Nigam hereinafter called to as the Nigam by order dated 20.5.1991 retrenched surplus muster roll employees engaged in the Nigam on the ground of reduction of work and stringent financial condition. According to the policy framed by the Nigam the strength of surplus muster roll employees in various divisions of the Nigam had to be rationalised by restoring to retrenchment daily wages engaged after 31.8.89 in accordance with law as a direct result of shortage of work on...
Executive Engineer, U.P. State Electricity Board (Now U.P. Power Corpo ...
Court: Allahabad
Decided on: Nov-22-2007
Reported in: [2008(116)FLR1186]
Janardan Sahai, J.1. This petition has been filed against the award of the Labour Court reinstating the respondent No. 1 as a Jeep Driver of the petitioner U.P. Power Corporation with full back wages. The question which was referred for adjudication to the labour court is whether the termination of the services of the 1st respondent on 19.7.90 was justified and legal and If not to what relief he is entitled to. Before the Labour Court written statements were filed by the employee petitioner and the workman respondent. The workman's case was that he was employed as a Jeep Driver on 13.8.89 and his services were terminated w.e.f. 19.9.90 by an oral order. According to the workman he had put in continuous service for more than 240 days and the termination of his service is illegal as it was in breach of the provisions of Section 6N of the U.P. Industrial Disputes Act inasmuch as neither notice nor pay in lieu thereof was given to him nor retrenchment compensation. A written statement was ...
Ramdhari Son of Sri Jag Mohan Vs. U.P. Co-operative Federation Ltd. Th ...
Court: Allahabad
Decided on: Nov-21-2007
Reported in: [2008(117)FLR99]
S.R. Alam and Sudhir Agarwal, JJ.1. This Intra-court appeal, under the Rules of the Court, has been filed against the judgment and order dated 28.7.1999 passed by the Hon'ble Single Judge dismissing the petitioner-appellant's (hereinafter referred to as the petitioner) CM. writ petition No. 30958 of 1999.2. The facts, in brief, giving rise to the present dispute is that the petitioner-appellant was working as Godown Keeper in U.P. Co-operative Federation Ltd. Lucknow. On certain charges of misconduct, a charge sheet was issued to him on 5.12.83 which was replied by him on 26.12.83. After conducting oral inquiry, the Enquiry Officer submitted report on 30.3.84 holding certain charges ware proved against him and in respect to some of the charges it was observed that since criminal proceedings are pending, in a Court of law, therefore, no finding is recorded as the same may influence as pending proceedings in the court of law. Based on findings recorded by the Enquiry Officer, a show caus...
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