Allahabad Court May 2007 Judgments

Brij Kishore Chaturvedi, Son of Vs. Union of India (Uoi) Through Its

Court: Central Administrative Tribunal CAT Allahabad

1. This application is filed seeking direction to the respondents to treat the applicant regular employee of I Corps Shopping Complex, which has been renamed as Striking Shopping Complex and for payment of salary etc. The applicant has stated that the shopping complex was started in the year 1979 by the name of Defence Shopping Center which was renamed in 1986 to A.W.W.A (Army Wife Welfare Association) Shopping Complex in the year 1998-99 was registered as a society and then change the name as corps shopping complex. Again it was changed /renamed to strike shopping complex. The said shopping complex came into existence for the benefit of the Army Officers and Army Personnel to unable to the purchaser cheap and quality products at their units and further stated that it is controlled by the Defence Authorities and the applicant was appointed as an Accountant on 14.03.1984 in the said society and he was worked continuously in the said post without any break whatsoever for the last 16 yea...

Awadhesh Kumar Tiwari Son of Late Sri Moti Lal Tiwari, Senior Branch M ...

Court: Allahabad

Reported in: 2007(4)AWC4212

Sudhir Agarwal, J.1. The petitioner has approached this Court seeking a writ of mandamus commanding the respondents to permit him to continue in service till 31.7.2006, i.e., when he attains the age of 60 years and to give all consequential benefits accruing thereon.2. The facts in brief as disclosed in the writ petition are that the petitioner was working as Senior Branch Manager in the office of Banda District Co-operative Bank, Banda. Initially, he was appointed as Clerk in District Cooperative Bank (hereinafter referred to as 'the Bank'), Branch Office Karvi, District Banda on 6th October 1966, prior to the enforcement of U.P. Cooperative Societies Employees' Service Regulations, 1975 (hereinafter referred to as '1975 Regulations'). A dispute arose between the employees of various District Cooperative Banks and the Bank wherein a settlement/agreement was entered into on 22.2.19966 which stipulated that the age of superannuation of the Bank's employees would be 6 0 years. The grieva...

Rais Ahmad Son of Abdul Aziz Vs. Nagar Panchayat Through Its Chairman ...

Court: Allahabad

Reported in: [2007(114)FLR402]

Vineet Saran, J.1. I have heard learned Counsel for the parties and have perused the record. Pleadings have been exchanged and with consent of the learned Counsel for the parties, this writ petition is being disposed of at this stage.2. The petitioner claims to have been engaged as Safai Nayak on daily wage basis in the respondent-Nagar Panchayat in the year 1996. By means of this writ petition, he claims that since he has been working on such post for the last several years, he would be entitled to be regularized in service and also be paid his salary in the regular pay scale of Safai Nayak.3. Regularization in service can be granted only in accordance with law. In the absence of the petitioner having been able to show any provision of law under which he would be entitled to be regularized in service, such prayer for regularization cannot be granted. As regards (he payment of salary in the regular pay scale of Safai Nayak, in my view, since the petitioner has never been selected or gi...

Suresh Prasad Tripathi Son of Late Shri Komal Tripathi Vs. the Labour ...

Court: Allahabad

Reported in: [2007(114)FLR173]

Anjani Kumar, J.1. By means of present writ petition under Article 226 of the Constitution of India, the petitioner Suresh Prasad Tripathi has challenged the award of the Labour Court, Gorakhpur passed in adjudication case No. 134 of 1982 dated 23rd November, 1984.2. The following dispute was referred to by the State Government in exercise of power under Section 4-K of the UP. Industrial Dispute Act, 1947 (In short 'the Act') to the labour Court for adjudication.Whether the action of the employer in terminating the services of the workman Suresh Prasad Tripathi with effect from 16th July, 1981 is legal and justified? If not, to what relief the workmen concerned is entitled and with what details?3. The labour Court issued notices to both the workman as well as the employer. Both the workman and the employer exchanged their pleadings and adduced evidence. Before the labour Court, the employer raised an objection that since U.P. Krishi Utpadan Mandi Samiti, Barhaj, Deoria is not an indust...

The Commissioner of Income-tax Vs. Somaya Organics (India) Ltd.

Court: Allahabad

Reported in: [2008]296ITR634(All)

1. The following three questions have been referred in this case:1. Whether on the facts and in the circumstances of the case, Tribunal v/as in law, justified in holding that payments were not hit by the provisions of Section 43B of I.T. Act, 1961 and deleting the addition of Rs. 81,151/-and Rs. 10,320/- Under Section 43B.2. Whether on the facts and in the circumstances of the case Tribunal was, in law, justified in holding that jeep cannot be equated with motor car and the expenses on it would not be liable for disallowance under Section 37(3A) of I.T. Act, 1961.3. Whether on the facts and in the circumstances of the case the Tribunal was, in law, justified in holding that the expenditure on repair of motor car should not be included for the purposes of Section 37(3A) of I.T. Act, 1961?2. The first question is covered in favour of the assessee and against the department by the decision of the Supreme Court in the case of Allied Motors Ltd. v. C.I.T. : [1997]224ITR677(SC) , accordingly...

Union of India (Uoi) Through the Chairman Railway Board, Ministry of R ...

Court: Allahabad

Reported in: 2007(4)AWC3920; 2008(1)SLJ348(NULL)

1. This writ petition is directed against the order dated 17.8.2004 passed by the Central Administrative Tribunal allowing Original Application No. 640 of 1997 filed by respondent No. 2, directing the Railway authorities to formulate scheme for regularization and conferment of the status of Railway servant to the Ayurvedic/Homeopathic doctors working in Railway Dispensaries run by Staff Benefit Fund Committee and till such scheme is formulated. to ensure payment of such emoluments and honorarium as may be equal to the part time Allopathic doctors and permit them to issue-certificate of Medical Fitness/Sickness as provided in Indian Medicine Counsel Act, 1970 and the Homeopathic Central Council Act, 1975.2. Learned Counsel for the petitioner submitted that the respondent No. 2 is neither an employee of the Government of India nor a person in any manner aggrieved by his conditions of service but filed the aforesaid original application claiming himself to be the President of Unregistered...

State of U.P. Through Executive Engineer Rural Engineering Service Vs. ...

Court: Allahabad

Reported in: [2007(114)FLR1196]

Anjani Kumar, J.1. Petitioner by means of this writ petition under Article 226 of the Constitution of India has challenged the award dated 23.9.1996 passed by the Labour Court, IV, UP., Kanpur in Adjudication Case No. 102 of 1995. The State Government by the order dated 27th March, 1995 has referred the following dispute under Section 4-K of U.P. Industrial disputes Act, 1947 (in short 'the Act').Whether the termination of the services of Sri Ashok Kumar Soni by the employers with effect from 20.12.1993 is justified or legal? If not, concerned workman is entitled to what benefit/relief ?2. Before the labour Court the parties have exchanged the pleadings. The case set up by the workman in his written statement is that the workman concerned was working since 1991 with the employer-petitioner on the post of Work Supervisor on daily wages and since then he is continuously working. That the appointment of the workman was with the approval of the higher authorities and the workman was perfor...

The Commissioner, Trade Tax Vs. Madhyashia Brothers

Court: Allahabad

Reported in: (2009)20VST832(All)

Prakash Krishna, J.1. The Commissioner, Trade Tax, has challenged the order dated 23rd of January, l996 passed by the Trade Tax Tribunal, Gorakhpur in second appeal No. 152 of 1992 whereby the Tribunal has allowed the appeal filed by the dealer opp.party for the assessment year 1986-87.2. The facts of the case in brief are as follows:3. The dealer opp.party carries on the business of selling Kirana and Masala etc. and it has disclosed a sale of Rs. 8,43,303.38 as export sale to Nepal. On the basis of the custom certificates produced by the dealer opp.party during the course of assessment proceedings the exemption on the aforesaid turnover was granted by the Assessing Officer treating them as export sale. After assessment, on verification, it was found that the custom certificates filed by the dealer opp.party were forged and fabricated documents and they were not issued from the custom office of Nepal. On this basis proceeding under Section 21 of the U.P. Trade Tax Act to assess the es...

Union of India (Uoi) Through Its General Manager, North Eastern Railwa ...

Court: Allahabad

Reported in: [2007(115)FLR536]

Tarun Agarwala, J.1. By means of this petition, the petitioner has challenged the validity and legality of the award directing reinstatement of the female workers with retrospective effect and with full back wages.2. The facts leading to the filing of the writ petition is, that the petitioner, North Eastern Railway, affairs and administration is regulated under, the Indian Railways Act as well as under the provisions contained in the Indian Railways Establishment Manual and other statutory Rules and Regulations. As per Para 2839 of the Indian Railways Establishment Manual the petitioner provide benefits to the families of railway employees by way of setting up welfare schemes, Para 2839 of the Manual reads as under:2839 HANDICRAFT CENTRES:(1) Handicraft centers should be set up for the benefit of the families of the Railway men for imparting training to women, members of Railway men families in handicrafts such as weaving, knitting, spinning tailoring of garments etc. during their spar...

Ram Kunwar Singh and ors. Vs. Pramod Kumar and anr.

Court: Allahabad

Reported in: 2007(4)AWC3414

Dilip Gupta, J.1. These two second appeals have been filed by the defendants for setting aside the judgment and decree of the learned IInd Additional District Judge. Bijnor by which Civil Appeal No. 49 of 1990 and Civil Appeal No. 48 of 1990 that had been filed for setting aside the judgment and decrees of the learned Munsif were dismissed.2. Original Suit No. 504 of 1985 and Original Suit No. 505 of 1985 had been filed for cancellation of the sale deeds dated 28th June, 1995, purported to have been executed by the plaintiffs in favour of the defendants in respect of their half share in the plots in dispute and for possession of the sugar cane crops standing over the land by partition. In both the suits the allegations of the plaintiffs were common. It was asserted that the defendants had denied the rights of the plaintiffs over the land in dispute on the basis of the sale deeds dated 28th June, 1985, purported to have been executed by the plaintiffs in favour of the defendants; that t...