Allahabad Court April 2008 Judgments
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Subba and anr. Vs. Deputy Director of Consolidation and anr.
Court: Allahabad
Decided on: Apr-02-2008
Reported in: 2008(3)AWC2793
Ashok Bhushan, J.1. Heard Sri Abhishek Kumar, learned Counsel for the petitioner and Sri Rahul Sahai, learned Counsel for the contesting respondents.2. By this writ petition, the petitioner has prayed for quashing the order dated 27.7.2007, passed by the Deputy Director of Consolidation rejecting the objection raised by the petitioners regarding maintainability of the revisions filed by the respondent No. 2 before the Deputy Director of Consolidation under Section 48 of the U.P. Consolidation of Holdings Act, 1953 and the order dated 18.10.2007 by which the application to recall the order dated 27.7.2007 has also been rejected.3. Brief facts necessary for deciding the issues raised in the writ petition are: the Consolidation Officer passed an order under Rule 109 of the U.P. Consolidation of Holdings Rules, 1954. Against the aforesaid order, an appeal was filed by the respondents which was dismissed by the Settlement Officer, Consolidation. In the revision, objection was raised by the ...
The General Manager, Bharat Pumps and Compressors Limited Vs. Smt. Mad ...
Court: Allahabad
Decided on: Apr-01-2008
Reported in: 2008(4)AWC3254(All); [2008(118)FLR218]
Amitava Lala, J.1. This appeal has been preferred by the company upon being aggrieved by and/or dissatisfied with the judgment and order passed by the concerned Commissioner under Workmens' Compensation Act 1923, Allahabad dated 30th January 2008 awarding a sum of Rs. 3,38,880/- and interest @ 6% per annum from the date of his death i.e. 19th December, 2002 till the date of payment, on account of death of the deceased.2. In the appeal following four points have been raised by Sri Manish Goyal, learned Counsel appearing for the appellant:(A) The death of the deceased can not be said to be occurred in the course of employment in view of the judgment of the Supreme Court reported in : (1958)IILLJ249SC (Saurashtra Salt Manufacturing Co. v. Bai Valu Raja and Ors.);(B) Wages of Workman is more than Rs. 4,000/-, therefore Workmens' Compensation Act can not be attracted;(C) Enormous delay in making application for compensation disentitles the respondent from getting it;(D) Award of interest ha...
Smt. Saroj Sharma Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-01-2008
Reported in: [2008(117)FLR695]
Pankaj Mithal, J.1. Heard Sri A.B.L., Gour, Senior Advocate assisted by Sri Saurabh Gour, Learned Counsel for petitioner and learned Standing Counsel. With the consent of the parties, the petition is being finally heard at this stage without even calling for a counter affidavit in view of the fact that the Standing Counsel has obtained instructions, which are sufficient for its disposal.2. Under challenge in the present writ petition is the transfer order of the petitioner dated 18.10.2007. According to learned Counsel for petitioner the aforesaid transfer order has been passed on I he dictates of the District Magistrate who has no authority under law to direct for transfer of an employee of the medical department. He further submits that the aforesaid order has been passed to harass the petitioner as her husband belongs to a political party other than the party in power in State of U.P.3. Learned Standing Counsel on the basis of instruction obtained by him, states that the petitioner ...
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