Allahabad Court January 2008 Judgments
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Bikraditya Singh @ B.D. Singh Vs. Civil Judge (J.D.) and ors.
Court: Allahabad
Decided on: Jan-15-2008
Reported in: [2008(119)FLR524]
Rajiv Sharma, J.1. Heard learned Counsel for the petitioner and the learned Standing Counsel.2. Aggrieved by the order dated 27.11.2007 passed by the opposite party No. 2, the Deputy Labour Commissioner/Conciliation Officer the petitioner has filed the instant writ petition.3. It has been vehemently argued by the learned Counsel for the petitioner that while passing the impugned order the opposite party No. 2 has committed an error in deciding the petitioner is a Workman which solely lies within the domain of the Labour Court. He further submitted that opposite party No. 2 has failed to consider the material fact that the petitioner had never been designated as Manager and was paid salary of Rs. 3000/- as a workman and that in the pay certificate issued by the emplower/opposite parties Nos. 3 and 4 there is no mention of his designation as Manager.4. Placing reliance on a Apex Court decision in Telco Convoy Drivers Mazdoor Sangh and Anr. v. State of Bihar and Ors. 1959 (59) FLR 734 (SC...
Uco Bank, a Body Corporative Through Its Assistant General Manager, Uc ...
Court: Allahabad
Decided on: Jan-11-2008
Reported in: [2008(117)FLR437]
Arun Tandon, J.1. Nationalized Uco Bank, a body corporate, has filed this writ petition for quashing the orders dated 25.04.2001 and dated 8/11.06.2001 passed by the Regional Labour Commissioner (Central) and dated 13.09.2000 passed by the Assistant Labour Commissioner (Central) in proceedings under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'Act, 1972'). The facts giving rise to the present writ petition are as follows:2. Respondent No. 3 S.P. Singh Sroy was employed as Assistant Manager (Cash) at Bulandshahar Branch of the petitioner Bank. He was compulsorily retired from the service of the Bank by way of punishment on the proven charge of misappropriation/theft of Rs. 16,650/- vide an order dated 02nd September, 1997. No appeal was filed by respondent No. 3 against the said order of the Disciplinary Authority and the order was permitted to become final. Respondent No. 3 made an application for payment of gratuity, which was deposited in the employees gratuity fund...
Ganga Plumbering Works a Proprietor Ship Firm Through Its Proprietor, ...
Court: Allahabad
Decided on: Jan-11-2008
Reported in: AIR2008All107; 2008(2)AWC1560
H.L. Gokhale, C.J.1. Heard Mr. Shubham Agrawal in support of this application.2. The applicant herein claims to have constructed some 125 houses for the respondent-Kanpur Development Authority. The agreement amount for the construction of the houses has been paid over to the applicant but the security deposit has been forfeited. It is to claim this security amount that the applicant wants the dispute to be referred for arbitration. The applicant is relying upon Clause-24 of the agreement between the parties, which Clause reads as follows:Clause 24. Except where otherwise specified in the contract the decision of the Chief Engineer for the time being shall be final, conclusive and binding on all parties to the contract upon all question relating to the meaning of the specifications, designs, drawings and instructions hereinbefore mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way a...
In Re: Goods of Late Hira Lal Son of Gopi; in Re: Smt. Anara Devi W/O ...
Court: Allahabad
Decided on: Jan-10-2008
Reported in: AIR2008All83
Sunil Ambwani, J.1. Smt. Anara Devi, wife of Shri Triloki Nath, resident of Village and Post Nadula, Pargana Mali, Tehsil Handiya, Distt. Allahabad, filed this testamentary case No. 40 of 2002 under Section 273 read with Section 278 of the Indian Succession Act for grant of Letters of Administration of the estate of late Shri Hira Lal (hereinafter called as the deceased) with his will dated 18.10.2002 attached. The deceased was the uncle of her husband and died as a bachelor on 19.10.2002, a day after execution of the will in her favour.2. The notices were issued to the Administrator General, U.P., Board of Revenue and next of kin mentioned in para 6 of the application, namely her husband Shri Triloki Nath, Tirath, Kallu and Lalji all son of late Sukhraj, the brother of the deceased and Shri Jawahir, the third brother of the deceased. A caveat was filed by Shri Ali Hasan, Advocate on behalf of the opposite parties on which the Testamentary Case was converted into Testamentary Suit No. ...
Saryu Prasad Yadav and anr. Vs. Ram Chandra Bari and anr.
Court: Allahabad
Decided on: Jan-10-2008
Reported in: 2008(2)AWC1285
Sunil Ambwani, J.1. Heard Shri A.K. Gupta, learned Counsel for the petitioners.2. Notices were issued to the respondent Nos. 1 and 2 on 28.10.2006. The office submitted a service report on 18.12.2006, informing the Court that neither acknowledgment nor undelivered cover have returned back after service.3. The Court allowed the petitioners to take steps to serve the respondents by publication in news papers. In compliance thereof, the petitioners have carried out publication in daily newspapers 'Dainik Jagran' published from Allahabad on 21.2.2007. The service on respondents is held to be sufficient and the matter was heard.4. The petitioners purchased the premises in dispute bearing Municipal No. 15 Lajpat Rai Road, New Katra, Allahabad, by registered sale deed dated 20.12.1976. Shri Rarnesh Chandra Bari-respondent No. 1 was the tenant of a room measuring 12' x 10' and a chabutara on the monthly rent of Rs. 20. He was occupying the room as a tenant since before the purchase of the prem...
Commissioner, Trade Tax Vs. Mentha and Allied Product Ltd.
Court: Allahabad
Decided on: Jan-10-2008
Reported in: (2009)19VST363(All)
Vikram Nath, J.1. Affidavit of service filed today is taken on record.2. Heard learned Standing Counsel for the Commissioner of Trade Tax, U. P., Lucknow, the applicant. Despite the fact that affidavit of service has been filed, the dealer has not put in appearance.3. The Commissioner of Trade Tax, U. P., Lucknow has filed this revision under Section 11(1) of the U. P. Trade Tax Act, 1948 (hereinafter referred to as, 'the Act') against the judgment and order of the Trade Tax Tribunal, I Bench, Moradabad dated April 17/20, 2002 whereby the Tribunal has allowed the appeal filed by the dealer and has accepted its account books and at the same time dismissed the appeal filed by the Department. The dispute relates to the assessment year 1996-97. The following questions of law have been sought to be raised in this revision:(1) Whether the Trade Tax Tribunal was legally justified to hold that the appellant does not have the facility and technology of producing pepperment oil and the export as...
Virendra Kumar Singh Son of Sri Rama Shanker Singh Adhoc Principal San ...
Court: Allahabad
Decided on: Jan-09-2008
Reported in: 2008(1)AWC795
Tarun Agarwala, J.1. Heard Sri R.K. Ojha, the learned Counsel for the petitioner and Sri Ashok Khare, the learned senior counsel appearing for respondent No. 5. Since no factual controversy is involved in the present writ petition, the same is being disposed of at the admission stage itself without calling for a counter affidavit.2. The respondent No. 5 was appointed as an adhoc Principal in the institution managed by respondent No. 4. The said respondent reached the age of superannuation and the Committee of Management resolved to appoint the petitioner as an ad-hoc Principal. The committee of management forwarded the papers to the District Inspector of Schools for, approval. The District Inspector of Schools by the impugned order directed the Committee of Management to permit respondent No. 5 to continue as an ad-hoc Principal till the end of the academic session, i.e., till 30.6.2008. The petitioner, being the senior most teacher and being entitled to be appointed as an ad-hoc Princ...
Suraj NaraIn Bhatt Son of Late Shanker Ram Bhatt Vs. State of U.P. Thr ...
Court: Allahabad
Decided on: Jan-09-2008
Reported in: [2008(117)FLR24]
V.C. Misra, J.1. Heard Sri D.K. Srivastava, learned Counsel for the petitioner, learned standing counsel and perused the record of the case. Counter and rejoinder affidavit have been exchanged. On the joint request of learned Counsel for the parties, this writ petition is being decided finally at the admission stage itself in terms of the Rules of the Court.2. The facts of the case of the petitioner in brief are that the petitioner was appointed on 29.12.1966 to the post of Boring Mechanic in the office of the respondents, and his services were regularised w.e.f. 1.4.1975. He was promoted to the post of Junior Engineer on 7.7.1983 and continued to discharge his duties as such till he attained the age of superannuation i.e. 31.7.2004. The respondents did not release his post retiral benefits, as pension Gratuity, G.P.F. etc, therefore, he filed writ petition No. 5416 of 2004 before this Court which was disposed off with the direction to the respondents to decide the representation of th...
Ajay Upadhyay S/O Late Narendra Nath Upadhayay Vs. Collector,
Court: Allahabad
Decided on: Jan-09-2008
Reported in: 2008(2)AWC1123
V.M. Sahai and R.N. Misra, JJ.1. By way of this writ petition, the petitioner has prayed for issuance of a writ, order or direction in the nature of certiorari quashing the orders dated 7.2.2004 and 9.2.2004, passed by respondent No. 2, Sub-Divisional Officer, Sikandarpur, Ballia setting aside auction sale. He has further prayed for a writ in the nature of mandamus commanding the respondent No. I to confirm auction sale made in his favour and issue sale certificate along with delivery of possession.2. We have heard Sri W.H. Khan, Senior Advocate assisted by Sri Gulrej Khan learned Counsel for the petitioner and learned standing counsel for the State. It appears from the record that Sahdeo Prasad, Birendra Prasad, Ram Avtar Prasad, Kishan Prasad and Ganesh Prasad, residents of village Sisodar, Tehsil Sikandarpur, district Ballia, owners of M/s Kisan Cold Storage and Ice Factory took loan from respondent No. 3, the U.P. Finance Corporation, amounting to Rs. 1,71,300/-. They could not rep...
Smt. Neelam Singh Wife of Sri Sanjai Kumar Singh Vs. State of U.P. Thr ...
Court: Allahabad
Decided on: Jan-09-2008
Reported in: [2008(117)FLR215]
H.L. Gokhale, C.J.1. Heard Mr. Ashok Khare, learned Senior Advocate in support of this appeal. Mr. Y.K. Srivastava, learned Standing Coursel appears for respondent No. 1, 2 and 3 and Mr. Shasli Nandan, learned Senior Advocate appears for the contesting respondent No. 5.2. The appeal seeks to challenge the order passed by the learned Single Judge on second writ petition between the appellant and respondent No. 5 being writ petition No. 56933 of 2007, which came to be dismissed by the order passed on 6.12.2007. Both of them are contesting for the appointment to the post of Shiksha Mitra in village Pahinarendrapur in district Jaunpur.3. The short facts leading to this appeal are this-wise that the appellant as well as respondent No. 5 were the applicants for the said post. Both were formerly working as Instructors. The appellant was selected in December 2005 for the post on the basis of better quality marks. The Government came out with an order on 24.4.2006 that between any two Instructo...
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