Allahabad Court July 2008 Judgments
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Ravi Kumar Son of Sri Ram Ji Lal Vs. State of U.P. Through Its Secreta ...
Court: Allahabad
Decided on: Jul-08-2008
Reported in: [2008(118)FLR888]
Rakesh Tiwari, J.1. Heard Counsel for the petitioner and the standing counsel.2. The petitioner claims that initially he was given apprenticeship training during the period 24.4.1997 to 23.4.1998 for a period of one year under the Apprenticeship Act. He has also been given a certificate of apprenticeship training. It is claimed that after completion of apprenticeship training, the petitioner has been working on the post of fitter but his services have been terminated by the employer with effect from 26.11.1999 without any reasons and that prior to it the petitioner-workman has not been given retrenchment compensation etc. Hence action of the employer in terminating his services is illegal being against the provisions of Section 6-N of the Industrial Disputes Act 1947. It is also claimed that prior to termination of his services, the petitioner had moved an application dated 30.3.1999 to the Chairman, Nagar Palika Parishad, Hathras for regularisation of his services, on which a favourab...
U.P. Export Corporation Limited Vs. Hari Mohan Das Tandon and ors.
Court: Allahabad
Decided on: Jul-08-2008
Reported in: 2008(4)AWC3384
Sanjay Misra, J.1. Heard Sri Shashi Nandan, learned senior counsel assisted by Sri Anurag Khanna, advocate for the revisionist, Sri Ravi Kant, learned senior counsel assisted by Sri Nikhil Agarwal, Sri Rahul Agarwal and Sri Vishnu Gupta, learned Counsels appearing for the respondents.2. With the consent of learned Counsel for the parties this revision has been heard and is being decided finally today itself.3. This revision has been preferred against the judgment and decree dated 26.10.2006 passed by the Additional District Judge, Court No. 13, Allahabad in Suit No. 12 of 1997 Sri Hari Mohan Das Tandon and Ors. v. U.P. Export Corporation Ltd. whereby the court below has decreed the suit for arrears of rent and water tax as also for possession in favour of the plaintiff-respondents.4. Learned senior counsel for the revisionist has submitted that the findings of the trial court on the issue of applicability of Act No. 13 of 1972 by virtue of the insertion of Section 2(1)(g) in the Act w....
Satish Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-08-2008
Reported in: [2008(118)FLR798]; (2008)IIILLJ879All
Rakesh Tiwari, J.1. Heard Counsel for the petitioner and the Standing counsel.Shop of the petitioner was inspected by Labour Enforcement Officer/Incharge. Child Labour, Sant Kabir Nagar on November 26, 2007. On inspection, it was found that the petitioner was employing child labour, consequently the Deputy Labour Commissioner, U.P. Lucknow issued a notice dated January 14, 2008 directing the petitioner to deposit Rs. 20,000/- as provided under Child Labour (Prohibition and Regulation) Act, 1986 for employing a child labour read with G.O. and judgment rendered by the Apex Court in M.C. Mehta v. State of Tamil Nadu : (1997)IILLJ724SC .2. Contention of the Counsel for petitioner is that the aforesaid recovery certificate has been issued without affording any opportunity to the petitioner and that according to medical certificate issued by Additional Chief Medical Officer, Sant Kabir Nagar, age of respondent No. 6, Mukesh is about 15 years.3. From the inspection report appended as Annexure...
U.P.S.R.T.C. Through Its Regional Manager, Jhansi Region Vs. Chhakauri ...
Court: Allahabad
Decided on: Jul-04-2008
Reported in: [2008(118)FLR892]
Rakesh Tiwari, J.1. Heard learned Counsel for the petitioner, learned Counsel for respondent and Sri S.N. Dubey.2. The petitioner-Regional Manager, UPSRTC, Jhansi Region, Jhansi has filed this writ petition.3. The facts of the case are that respondent No. 1, Chhakauri Lal was a driver in the Corporation. His services were terminated w.e.f. 21.9.2001 after holding domestic enquiry on charge of driving bus under influence of liquor.4. In the domestic inquiry the stand of the workman stated that his services have not been terminated for any corrupt practice ; that he does not ever take liquor or intoxicating drink and no medical certificate has been produced by the employer in the enquiry to establish that he was under the influence of liquor while driving the bus for which alleged act of misconduct, his services has been terminated. In his defence he also submitted that while he was the driving bus on 3.1.1993 on Kanpur Mahoba route, he became very sick and therefore stopped the bus at M...
U.P. State Electricity Board Through the Executive Engineer, Electrica ...
Court: Allahabad
Decided on: Jul-04-2008
Reported in: [2008(119)FLR10]; (2009)ILLJ470All
Rakesh Tiwari, J.1. Heard Sri Arvind Kumar, learned Counsel for the petitioner and Sri Rajesh Tiwari, learned Counsel for respondents as well as Sri S.N. Tripathi, learned Standing Counsel.2. The facts of the case are that workman was appointed as muster-roll on 1.7.1976. According to the employer he did not turn up after 11.2.1979 whereas claim of the workman was that his services were illegally terminated and industrial dispute raised by him which was referred to Labour Court, U.P. Agra where reference was registered as Adjudication case No. 182/82, award was given in favour of the workman holding that:the employers unjustifiably and illegally terminated the services from 11.2.1978 and he is entitled to reinstatement with full back wages. The award is made accordingly.Employer shall pay Rs 50.00 as costs to workmen's representative in this case.Let a copy of this award be sent to the State Government for approval of publication.3. It is not dispute that respondent-workman filed an ap...
Sheikh Rahim and ors. Vs. Cantonment Board and anr.
Court: Allahabad
Decided on: Jul-04-2008
Reported in: 2008(4)AWC3999
Poonam Srivastav, J.1. Heard Sri S. M. Ali, Advocate, holding brief of Sri R. K. Nigam, learned Counsel for the appellants and Sri Mohd. Isa Khan, Counsel for the respondents.The instant second appeal s out of the judgment dated 3.8.1989 and decree dated 17.8.1989, passed by the IInd Additional District Judge, Jhansi, allowing the appeal and setting aside the judgment and order of injunction granted by IVth Additional Munsif, Jhansi, in Original Suit No. 656 of 1985.2. The instant appeal was filed by 7 plaintiffs/appellants. The plaintiff/appellant Nos. 1 and 4 Sheikh Rahim and Murari Lal are dead. The appeal stands abated against the plaintiff/appellant Nos. 1 and 4. The appeal is being heard in respect of the appellant Nos. 2, 3, 5, 6 and 7.Learned Counsel for the appellants has stated in memo of the appeal that ground Nos. 4, 5, 7 and 8 are substantial questions of law, which arise for consideration in the instant appeal.3. The substantial question of law Nos. 4, 5, 7 and 8 are quot...
National Insurance Co. Ltd. Through Its Divisional Manager Vs. Smt. Kh ...
Court: Allahabad
Decided on: Jul-04-2008
Reported in: 2009(1)AWC355
Amitava Lala, J.1. The appellant-insurance company has preferred this appeal from the judgement and order dated 20th February, 2008 passed by the concerned Motor Accidents Claims Tribunal, Bareilly.2. The awarded amount is Rs. 6,90,040/- and the liability to pay the same has been fixed on both the offending vehicles. The insurance company herein is insurer of the Scooter. In the accident in question the pillion rider has expired. The appellant initially took the plea that the insurance company is not liable to pay the compensation on account of death of pillion rider. But when we called upon the insurance company to produced the policy of the insurance and the same was so produced, we find that it is comprehensive in nature having sitting capacity of two persons. Therefore, we do not find any genuine cause to interfere with the order impugned on such plea.So far as the claim of security is concerned, it is contended before us that the insurance company is entitled to security of entire...
Commissioner, Trade Tax Vs. Sagar Mal Ram Swaroop
Court: Allahabad
Decided on: Jul-04-2008
Reported in: (2009)26VST543(All)
Prakash Krishna, J.1. The above revision is directed against the order dated December 7, 1998 passed by the Trade Tax Tribunal, Allahabad, in second appeal No. 280 of 1994 relevant to the assessment year 1992-93 whereby and whereunder it has confirmed the order of the first appellate authority deleting the penalty levied under Section 13A(4) of the U.P. Trade Tax Act, 1948.2. Two authorities below including the Tribunal have recorded a finding of fact that the transaction in question was duly recorded in the account books of the dealer-opposite party. The penalty was levied by the assessing officer on the ground that from the account books it does not appear as to whether the transaction was inter-State or not.3. The Tribunal took the view that the nature of the transaction will be examined at the time of the assessment itself and deleted the penalty. Having heard the counsel for the parties, I do not find any infirmity in the order of the Tribunal. Under Section 13A(4) a penalty can b...
Ram Nath Son of Sri Ram Chandra Das Vs. Presiding Officer, Labour Cour ...
Court: Allahabad
Decided on: Jul-03-2008
Reported in: [2008(118)FLR899]
Rakesh Tiwari, J.1. Heard Sri Siddharth, counsel for the petitioner and the standing counsel for respondent No. 1.Brief facts of the case are that services of workman- the petitioner, who was employed as Wireman in the establishment of respondent No. 2, were terminated on the ground that he instigated other workmen, abused and raised slogans etc. disturbing peace of the industrial establishment, as a result of which workmen in the establishment abstained, did not report for duty and struck the work.2. The petitioner raised an industrial dispute before the State Government which was referred for adjudication to labour court, Dehradun and later on transferred to labour court, Meerut where it was registered as Adjudication Case No. 17 of 1992. The workman and employer filed their documentary as well as oral evidence. Two additional issues were framed by the labour court on the basis of pleadings of the parties as follows:D;k oknh Jfed ds fo:) dh xbZ ?kjsyw tkap izkd`frd U;k; ds fl)kUrks d...
Satish Kumar Pal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-03-2008
Reported in: 2008(4)AWC3596; [2008(119)FLR301]
Devi Prasad Singh, J.1. This writ petition has been preferred under Article 226 of the Constitution of India against the impugned order dated 29.11.1995, passed by the Superintendent, Central Jail, Bareilly, by which the petitioner's candidature for appointment on the post of temporary Bandi Rakshak (Warder) has been rejected in spite of the fact that the petitioner was selected for the said post and his name finds place in the select list.2. The brief matrix of the case is that the Superintendent, Central Jail, Bareilly had notified vacancies on 7.9.1995 inviting applications for appointment on the post of Jail Warder. The last date for receipt of the application was 20.9.1995. According to the advertisement, the candidate must have attained the age of 18 years on 1.7.1995 and should not have exceeded 35 years of age on the said date. The other qualification provided by the advertisement was High School or equivalent thereto. The proforma of application form was also provided, a copy ...
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