Allahabad Court April 2008 Judgments
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State of U.P. Through Executive Engineer, Minor Irrigation Division an ...
Court: Allahabad
Decided on: Apr-04-2008
Reported in: [2008(118)FLR98]
D.P. Singh, J.1. Heard learned Standing Counsel for the petitioner and Sri Manish Goyal for the contesting respondent.2. This petition is directed against an award of the Labour Court dated 28.2.2002 as published on 29.5.2002 accepting the reference and granting reinstatement with 60% back wages to the respondent workman.3. The respondent workman was engaged as a daily wager with the petitioner Unit since 18.5.1990 and on his cessation, he approached the Conciliation Officer, who finding that the parties were at variance, referred it as a dispute under Section 4K of U.P. Industrial Disputes Act to the Labour Court at Agra which registered it as Adjudication Case No. 89 of 1996 and summoned the parties.4. In the written statement, the workman took up a case that he was employed as a daily wager on 18.5.1990 in the Irrigation Department of the State of U.P. and from October 1991 he was assigned the work of a Typist on daily wages but when he raised his claim for regularisation, his servi...
Shatanand Sharma Vs. Managing Director, U.P. Co-operative Spinning Mil ...
Court: Allahabad
Decided on: Apr-04-2008
Reported in: [2008(117)FLR844]; (2008)IIILLJ418All
Yatindra Singh and Ran Vijai Singh, JJ.1. The petitioner was an employee of U.P. Co-operative Spinning Mills. Federation Ltd. Kanpur (The Federation). He was posted as Finance Controller Sitapur Sahkari Katai Mills Ltd. Mahmoodabad, Sitapur. He was transferred to the Federation Camp Office at Kanpur on May 15,1996. The petitioner joined at Federation Camp Office at Kanpur on May 24,1996 and applied for leave. According to the petitioner, thereafter he fell ill and sent a telegram along with the medical certificate for leave.2. It appears that the Federation was not satisfied with the medical certificate submitted by the petitioner. They directed the petitioner to appear before Dr. Hari Mohan Kansal at Government T.B. Clinic, Kanpur on July 29, 1996. According to the petitioner, he appeared before Dr. Hari Mohan Kansal at T.B. Clinic Kanpur and got himself medically examined. However, the petitioner received charge-sheet on November 15, 1996 alleging two charges;Charge No. 1 was to the ...
National Insurance Co. Ltd. Vs. Smt. Nirmala Devi and ors.
Court: Allahabad
Decided on: Apr-04-2008
Reported in: 2008(4)AWC3382; [2008(118)FLR1026]
Amitava Lala, J.1. This appeal has been heard on informal papers by consent of the parties even at the stage of admission. The parties at variance contended before this Court with regard to first proviso to Section 21 of the Workmen's Compensation Act, 1923 as follows:21. Venue of proceeding and transfer.--(1) Where any matter under this Act is to be done by or before a Commissioner, the same shall, subject to the provisions of this Act and to any rules made hereunder, be done by or before the Commissioner for the area in which--(a) the accident took place which resulted in the injury ; or(b) the workman or in case of his death, the dependant claiming the compensation ordinarily resides; or(c) the employer has his registered office:Provided that no matter shall be proceeded before or by a Commissioner, other than the Commissioner haying jurisdiction over the area in which the accident took place, without his giving notice in the manner prescribed by the Central Government to the Commis...
Oriental Insurance Co. Ltd. Vs. Smt. Devi Kunwar and ors.
Court: Allahabad
Decided on: Apr-04-2008
Reported in: 2008(4)AWC3374
Amitava Lala, J.1. This appeal has been filed by the insurance company being aggrieved and/or dissatisfied with the Judgment and order dated 31.1.2008, passed by the concerned Motor Accident Claims Tribunal, Etawah awarding compensation of Rs. 1,94,200 alongwith the interest at the rate of 7% Interest per annum to be paid to the claimant on account of death of the deceased.2. The application under Section 170 of the Motor Vehicles Act. 1988 filed by the Insurance company before the Tribunal to contest the claim petition has been rejected by the Tribunal. In spite of the same, the appellant did not make any application under Article 227 of the Constitution of India, if at all aggrieved by such order. In this context reference has been made by learned Counsel for the respondent in National Insurance Co. Ltd. Chandigarh v. Nicolletta Rohtagi and Ors. : [2002]SUPP2SCR456 , followed by Division Bench Judgment of this Court in Oriental Insurance Co. Ltd. v. Smt. Manju and Ors. 2007 (4) ADJ 1...
Society for the Promotion of Education Adventure Sport and Conservatio ...
Court: Allahabad
Decided on: Apr-03-2008
Reported in: (2008)216CTR(All)167
Sushil Harkauli and Sudhir Agarwal, JJ.1. Counter and rejoinder affidavits have been exchanged. We have heard both sides.2. The petitioner is a Society running a school. The petitioner claims that because up to the assessment year 1998-99, it was exempted under Section 10(22) of the Income Tax Act, 1961, (hereinafter referred to as the Act for short), therefore it did not seek separate registration under Section 12A of the Act, so as to claim exemption under Section 11.3. Section 10(22) being omitted by the Finance Act, 1998, the petitioner applied for registration under Section 12A of the Act, with retrospective effect, that is since the inception of the petitioner-society i.e. 11.1.1993. An application for the purpose was duly made on 24.6.2003. Inasmuch as, under Section 12A(a) (as it stood at the time of making the application), the application was required to be made within one year from the date of creation of establishment of the Trust or Institution, therefore, condonation of d...
Pradeep Kumar Saxena Vs. Chairman/Managing Director, U.P. Sahkari Gram ...
Court: Allahabad
Decided on: Apr-03-2008
Reported in: (2008)IIILLJ819All
U.K. Dhaon and Devi Prasad Singh, JJ.1. The instant petition under Article 226 of the Constitution of India has been preferred against the impugned order of dismissal dated 06.09.1995 passed by the Managing Director,U.P.Sahkari Gram Vikas Bank Ltd., Lucknow(to be hereinafter referred as the Bank) as well as the appellate Order dated 11.2.1997.2. The brief facts of the case are summarised as under:The petitioner who was appointed on the post of Kisan Sewak was later on designated as Field Officer. While posted in the Milik Branch (District Rampur) of the Bank, the petitioner was served with a charge sheet dated 20.03.1990 containing as much as six charges relating to financial irregularity and abuse of power. In response to the charge sheet, the petitioner submitted his reply on 27.06.1990. Thereafter letter dated 2.2.1994 was served upon the petitioner informing him that if he wants to make any further representation, he may do so, so that the enquiry may be concluded at an early date....
The Committee of Management, Mahavir Inter College Through Its Preside ...
Court: Allahabad
Decided on: Apr-03-2008
Reported in: [2009(121)FLR35]
Rakesh Tiwari, J.1. Heard Sri R.K. Ojha, Counsel for the petitioners, Sri B.P. Singh representing respondent No. 4 and the standing Counsel appearing for respondent No. 1 to 3.2. This petition has been filed by the President of Committee of Management, Mahavir Inter College, Bichhiya Bankat, Sant Ravidas Nagar, Bhadohi and three other members of the Committee of Management.3. It is prayed that a direction in the nature of mandamus be issued directing the Joint Director of Education, Vindhyachal Region, Mirzapur-respondent No. 2 to look into the matter and finalise electoral college in accordance with the Scheme of Administration and permit the persons who are duly enrolled as members to the general body under the Scheme of Administration to participate in the proposed election dated 27.4.2008.4. Contention of the Counsel for petitioners is that authorised controller had been working in the institution for the last 15 years and last election of the committee of management was held on 27...
Tej Pal Kaushik Son of Sri Sita Ram, Principal, Government Industrial ...
Court: Allahabad
Decided on: Apr-03-2008
Reported in: [2008(118)FLR33]
B.S. Chauhan and Arun Tandon, JJ.1. This writ petition has been filed for quashing the impugned order dated 01st June, 2007 by which the petitioner has been denied regularisation of services on the ground that at the initial stage of appointment on ad-hoc basis he did not possess the requisite qualification.The facts and circumstances giving rise to this petition are that petitioner was appointed as Principal on ad-hoc basis in Government Industrial Training Institute vide order dated 05-10-1988 for a period of one year or till the regular selections are made by the Public Service Commission whichever was earlier.As the vacancies could not be filled up by the Commission on regular basis, period of employment had been extended from time to time by passing specific orders. While granting the re-employment, there has been an artificial break of two days' time and the petitioner continued to serve the institution at different places as is evident from different transfer orders till 26-10-2...
inder Pal Singh Vs. Indian Telephone Industries Ltd. and ors.
Court: Allahabad
Decided on: Apr-03-2008
Reported in: [2008(118)FLR88]
Pankaj Mithal, J.1. Heard Sri Sameer Sharma, learned Counsel for the petitioner and Sri Gopal Mishra, learned Counsel appearing for the respondent Nos. 1, 2 and 3.The petitioner and his wife are both, employees of Indian Telephone Industries Ltd. (in short I.T.I.) and are posted at its Naini Unit, Allahabad. The petitioner in a departmental inquiry has been served with a charge-sheet dated 16.6.2007 and an additional charge-sheet dated 15.9.2007. He has been dismissed vide order dated 9.10.2007 passed by the General Manager, I.T.I. Nauru, Allahabad as communicated to him by the Chief Manager, H.R. (P & S) I.T.L Naini, Allahabad.2. In the petition as originally filed, petitioner has only challenged the order dismissing him from service. The petition was entertained by the Court, as prima facie the Court was satisfied that the dismissal order was passed without completing the departmental inquiry against the petitioner in utter disregard to the principles of natural justice and an interi...
Purvanchal Vidyut Vitran Nigam Limited and anr. Vs. Vidyut Lokpal (Ele ...
Court: Allahabad
Decided on: Apr-02-2008
Reported in: 2008(3)AWC2784
Sunil Ambwani, J.1. Heard Shri H.P. Dube, learned Counsel for the petitioner and Shri Ashutosh Mishra, caveator for the respondent No. 2. With the consent of the parties, the matter was heard and is being finally decided.2. The Purvanchal Vidyut Vitran Nigam Ltd., Bhikaripur, Varanasi' through its Managing Director petitioner No. 1 and 'he Executive Engineer, Electricity Distribution Division, Fatehpur-petitioner No. 2 have filed this writ petition to set aside an award of the 'Electricity Ombudsman' made under Section 42(7) of (The) Electricity Act, 2003.3. Shri Gopal Krishan Gupta, Managing Director of M/s. Shyam Ferrous Ltd., Fatehpur (the unit) applied for sanction of 3000 K.V.A. connection. In his application he stated that he was one of the best consumers of electricity for last ten years of 3000 K.V.A. electricity which was connected with 33 K.V. Fatehpur Feeder. On account of unstable market and resultant financial difficulties, he had requested on 20.6.2006 for four months tem...
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