Allahabad Court May 2007 Judgments
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Asha Singh Wife of Ranvijay Singh Vs. State of U.P. Through Secretary, ...
Court: Allahabad
Decided on: May-25-2007
Reported in: 2007(4)AWC3926
Arun Tandon, J.1. Heard Sri P.K. Ganguli, Advocate on behalf of the petitioner, Sri Ashok Khare, Senior Advocate assisted by Sri Siddhartha Khare, Advocate on behalf of respondent No. 6, Sri A.K. Yadav, Advocate on behalf of respondent No. 2 and learned Standing Counsel on behalf of respondent Nos. 1,3, and 4. Despite notice being issued to respondent No. 5 by the office of the Court by speed post, nobody has put in appearance nor any counter affidavit has been filed on his behalf.2. Learned Counsel for the parties agree that the present writ petition may be disposed of finally at the admission stage itself without calling for counter affidavit inasmuch as the facts are not in dispute.3. Petitioner, Asha Singh alleges to have applied in pursuance to the advertisement published by the U.P. Secondary Education Services Selection Board, Allahabad for appointment as L.T. Grade Teacher in the subject of Physical Education (P.T.). Petitioner was successful in the written examination and was ...
Union of India (UOi) through Its Secretary, Ministry Finance and Gener ...
Court: Allahabad
Decided on: May-25-2007
Reported in: [2007(115)FLR378]; (2008)ILLJ177All
Sunil Ambwani, J.1. Heard Shri A.K. Singh, learned Counsel for petitioners and Shri V.M. Zaidi, for respondent.2. By this writ petition, the Union of India through its Secretary. Ministry of Finance, New Delhi and General Manager, Government Opium and Alkaloid Works, Ghazipur, have prayed for a direction to quash an order dated 10.10.2005 passed by Regional Labour Commissioner, (Central) Kanpur by which a requisition certificate in Form II in compliance with the order dated 3.10.2005 of this Court in writ petition No. 64221 of 2005 as per Section 33C(1) of the I.D. Act, 1947 is to be enforced for recovery of the amount as per settlement dated 20.4.1998 and EGIT Award No. 11/1978 in favour of 40 casual labourers. The requisition certificate in Form-II seeks to recover Rs. 7,80,120/- as per settlement dated 20.4.1998 in favour of 40 casual labours. The Sub Divisional Magistrate has directed the Branch Manager, State Bank of India Ghazipur to attach the account of the petitioners in pursu...
Vision 23 Garnets Pvt. Ltd. Through Its Fomer Director, Mr. Neeraj Nag ...
Court: Allahabad
Decided on: May-25-2007
Reported in: [2007(115)FLR421]
Sunil Ambwani, J.1. Heard Shri V.K. Mishra, learned Counsel for petitioner and Ms. Bushra Mariyam for Suit. Rajesh Devi-respondent No. 1.2. Smt. Rajesh Devi-respondent No. 1 was employed by M/s Vision 23 Garment Private Limited Noida, district Gautam Budh Nagar as an Operator. Her services were terminated on 21.2.1995 giving rise to an industrial dispute, which was referred on 16.9.1998 to the Labour Court (2) U.P. Ghaziabad and was registered as Adjudication Case No. 5 J 4/1998. In the ex-parte Award dated 16.10.2003, the Labour Court found the service of Summons on the employer to be sufficient and observed that inspite of several opportunities the employer did not file their written statement. Thereafter the Labour Court found that the respondent workman was Appointed as an operator on 8.12.1993 on permanent basis and that her Services were terminated by oral order on 21.2.1995. She had completed 240 days and was not paid salary and over time from 1.2.1995 to 20.3.1995. She was not ...
Managing Director U.P. State Bridge Corporation Limited and U.P. Bridg ...
Court: Allahabad
Decided on: May-25-2007
Reported in: 2007(4)AWC3840
Amitava Lala, J.1. This appeal is arising out of an interim order of injunction passed under Order XXXIX Rule 1 of the Code of Civil Procedure (hereinafter in short called as 'C.P.C.') by Civil Judge (Senior Division), Varanasi on 29th March, 2007 in a suit being Original Suit No. 1220 of 2006 (Neeraj Upadhyaya v. Managing Director and Anr).2. The fact remains that the appellant No. 2 is collecting toll tax from the concerned bridge constructed as per the scheme of the State Government. From 2002 to 2004 the collections were Rs. 8,37,04,210.00, Rs. 8,51,80,415.00 and Rs. 8,77,22,695.00, but in 2005 and 2006 the collections of toll tax were Rs. 7,09,14,305.00 and Rs. 7,42,59,505.00. After enquiry the appellants found that because of diversion of vehicles the income by way of toll tax was substantially reduced. However, with effect from 01st January, 2007 additional toll tax of Rs. 5/- was introduced. In any event, the appellants explored the possibility of engaging a private enterprise ...
Atherton Mills an Unit of National Textile Corporation (U.P.) Ltd. Vs. ...
Court: Allahabad
Decided on: May-25-2007
Reported in: [2007(115)FLR374]
Sunil Ambwani, J.1. Heard Shri Gopal Misra for the petitioner and Shri L.M. Singh for respondent-workman in writ petition No.18439 of 1999 and Shri L.M. Singh for petitioner and Shri D.P. Singh for respondent-employer in writ petition No.67316 of 2005.2. The writ petition No. 18439 of 1999 filed by M/s Artherton Mills Company, a Unit of National Textile Corporation (UP) Ltd., Kanpur, the petitioner employer arises out of adjudication case No.94 of 1990 decided by, industrial Tribunal (3) U.P. Kanpur dated 30.10.1998 by which Shri Prahalad chandra Gupta-respondent No.3 workman was directed to be promoted by giving the post and pay-scale, and wages of Sales Officer w.e.f. 1.6.1979 when Shri Nisar Ahmad was promoted from the post of Supervisor to Sales Officer. The Tribunal further directed that the employer shall give difference of wages within one month and Rs. 250/- as cost of the case.3. An industrial dispute was referred by the Government of U.P. on 23.1.90 under Section 4K of the U....
Smt. Janki Devi (D) by L.Rs. and ors. Vs. Vinod Kumar Jain
Court: Allahabad
Decided on: May-25-2007
Reported in: 2007(4)AWC3409
Sunil Ambwani, J.1. Heard Shri Murlidhar, senior advocate assisted by Shri S.S. Chauhan for the appellants and Shri M.K. Gupta, appears for the respondent.2. This second appeal arise out of Original Suit No. 418 of 1979, filed by Janki Devi and others-plaintiff appellants in the Court of Munsif Haveli, Aligarh for specific performance of an agreement of repurchase. The suit was dismissed by the trial court on 28.3.1984. The plaintiff appellants' Civil Appeal No. 97 of 1984, was dismissed by the Addl. Civil Judge, Aligarh by judgment dated 20.2.1985.3. Briefly stated the plaint allegations are that the husband of plaintiff No. 1 and plaintiff Nos. 2 to 7 were owners and in possession of 3/4th portion of the land in dispute. The plaintiffs' father executed a registered sale-deed dated 27.4.1974 in favour of the defendant on the same day and an agreement of repurchase was executed with the condition that within six years the defendant shall get a sale-deed executed in favour of plaintiffs...
Sompal and anr. Vs. Smt. Gayatri Devi
Court: Allahabad
Decided on: May-25-2007
Reported in: 2007(4)AWC3704
Poonam Srivastava, J.1. Heard Sri J.J. Munir, learned Counsel for the appellants and Sri S.K. Pundir, advocate for the caveator-respondent.2. This is defendant's second appeal arising out of judgment and decree dated 30.4.2007 passed by 11th Additional District Judge, Ghaziabad dismissing Civil Appeal No. 64 of 2005 and affirming the judgment and decree dated 17.3.2005 in Original Suit No. 306 of 2002 for specific performance. The suit was instituted for non-performance of the registered agreement to sell dated 6.1.1998. The appellant No. 2 was impleaded as defendant No. 2 subsequently by order of the Court dated 24.1.2003. Written statement was filed beyond the period of 90 days as prescribed by Civil Procedure Code. It is submitted that service on the defendant-appellants was effected by publication and not by process server or registered post. In the circumstances, the defendant-appellants were not allowed to put forth his defence by filing a written statement. The suit was decreed....
Shahroj Anwar Khan Vs. State of U.P. and anr.
Court: Allahabad
Decided on: May-25-2007
Reported in: [2007(114)FLR862]
H.L. Gokhale, C.J.1. The following questions are referred for the determination of this Bench:1. Whether Rule 17(1)(a) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 prohibits passing of a suspension order during the pendency of preliminary enquiry.2. Whether the Division Bench judgment rendered in Kripa Shanker Prasad and Ors. v. State of U.P. and Ors. 2004 (55) ALR 536 lays down the correct law.2. Inasmuch as I he reference refers to Rule 17(1)(a), we may quote the said rule, which reads as follows:17(1)(a). A Police Officer against whose conduct an enquiry is contemplated or a proceeding may he placed under 'suspension pending the conclusion of the enquiry in the discretion of the appointing authority or. by any other authority not below the rank of the Superintendent of Police, authorized by him in this behalf.3. The short facts leading to this reference are as follows : The appellant is a Sub-Inspector in the Civil Police. The appellant has be...
Bank of India Vs. Gautam Carbon Paper
Court: DRAT Allahabad
Decided on: May-24-2007
Reported in: I(2008)BC147
1. This appeal arises out of a judgment dated 4th June, 2002 passed by Presiding Officer, D.R.T., Jabalpur (M.P.) in T.A. No. 362 of 1998, Bank of India v. Gautam Carbon Paper Manufacturing Company Pvt. Ltd., issuing recovery certificate for a sum of Rs. 41,56,412.09 and interest as per terms of the contract from 15th May, 1992 till the date of realization, declining to accept the plea of Bank for equitable mortgage.2. Briefly stated the facts giving rise to this appeal as per memo of this appeal are that the appellant Bank of India filed a Civil Suit No.83/1992 against the defendant-respondents for recovery of a sum of Rs. 41,56,412.09 along with interest and costs before the Court of District Judge, Gwalior (M.P.). This suit was transferred to D.R.T., Jabalpur after the constitution of D.R.Ts. and there it was registered as T.A.No. 362/1998. The Bank had pleaded in the above suit that the respondent No. 1 Gautam Carbon Paper Manufacturing Company Pvt. Ltd. on its request was provide...
The District Manager, Food Corporation of India and the Senior Regiona ...
Court: Allahabad
Decided on: May-24-2007
Reported in: [2007(114)FLR444]
S.U. Khan, J.1. Five cases of different sets of persons were filed before Presiding Officer, Central Government Industrial Tribunal-cum Labour Court, Kanpur Nagar under Section 33C(2) of Industrial Disputes Act. The cases were registered as LCA No. 15, 16, 17, 18 and 19, all of 1998. All the five cases were decided by common order dated 17.11.1998. These five writ petitions are directed against the said order. All the persons, who were applicants in the LCAs before Central Government industrial Tribunal-cum-Labour Court, had claimed that they had worked at Food Storage Depot, Fatehpur of petitioner-Food Corporation of India in between November, 1994 to December, 1997 three years) but they had not been paid their wages. Food Corporation of India out rightly denied the engagement of the applicants. The stand of FCI was that no claimant had ever worked with it. None of the applicants filed any evidence to show that they had ever worked with the petitioner, except their identity cards. The...
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