Allahabad Court July 2008 Judgments
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israr and ors. Vs. Rafi and ors.
Court: Allahabad
Decided on: Jul-03-2008
Reported in: 2008(4)AWC3995
Poonam Srivastav, J.1. Heard learned Counsel for the appellants and Counsel for the respondents.2. This is plaintiffs second appeal against the judgment and decree dated 18.11.1981, passed in Civil Appeal No. 323 of. 1979. Rafi and others v. Israr and others setting aside the judgment and decree dated 24.9.1979 passed in Suit No. 47 of 1979, Israr and Ors. v. Rafi and Ors.According to the plaintiffs, they claimed to be owner in possession of plot No. 14 having an area of 5 biswa situated in Village Miserpura, Tappa 96, Pargana Kantit, district Mirzapur since the time of their ancestors. They utilized the land for stocking cow dung cake and other articles. They also claimed that they had planted 4 mango trees, one berry tree and certain bamboo clumps. Claim of ownership was on the basis of possession since a very long time and after abolition of Zamindari the land stands settled in their favour under Sections 9 and 6 of U.P.Z.A. and L.R. Act. The Pradhan of Gaon Sabha institued a crimin...
Deputy Director, Rajya Krishi Utpadan Mandi Parishad and Secretary, Kr ...
Court: Allahabad
Decided on: Jul-02-2008
Reported in: [2008(118)FLR895]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. This writ petition has been filed challenging the validity and correctness of the order dated 26th July, 2005 passed by the Labour Court, U.P. Agra in Misc. Case No. 77 of 2003, Udham Singh, workman v. the Deputy Director, Rajya Krishi Utpadan Mandi Parishad, Agra and Anr.3. By the aforesaid order dated 26th July, 2005 the Labour Court has awarded compensation of Rs. 46,800/- payable to the workman and has directed the respondents to pay the same along with interest at the rate of 3-1/2% per annum on the aforesaid amount.4. Brief facts of the case are that an application under Section 33-C(2) of the U.P. Industrial Disputes Act, 1947 was filed by the workman Udham Singh who was employed at Mandi Samiti Mathura on 10.6.1996 claiming that he has not been paid salary for the period 1st December, 1997 to 31st March, 1999 to which he is entitled to but it has not been paid to him inspite of demand made to th...
The Union of India (Uoi) Through Secretary Government of India Departm ...
Court: Allahabad
Decided on: Jul-02-2008
Reported in: 2009(1)AWC305
Poonam Srivastav, J.1. Heard Sri K.C. Sinha, learned Counsel for the defendant-appellant, Union of India and Sri A.K. Sachan Advocate for the plaintiff-respondent.2. The suit was instituted claiming relief of declaration to the effect that the order of removal of the plaintiff from services w.e.f. 29.11.1971 passed by the Disciplinary Authority is null and void. The ground of challenge as detailed in the plaint was that the show cause notice issued to the plaintiff did not disclose the charges, without any application of mind and analysis of the enquiry report. The order of removal is also illegal, excessive and non consideration of the plaintiff's representation in reply to the show cause notice, also proposed punishment is not commensurate to the act of delinquency.3. The facts of the case are that the plaintiff-respondent was appointed as Tailor 'C' in the Clothing Factory, Kanpur, a unit of Ordinance Parachute Factory, Kanpur on 22.7.1963. A general notice was issued inviting optio...
Yogesh Kumar Pandey Son of Sri Shambhu Dayal Pandey Vs. State of U.P. ...
Court: Allahabad
Decided on: Jul-01-2008
Reported in: [2008(119)FLR207]
Tarun Agarwala, J.1. The petitioner was selected as a constable and was sent for training. At the time of filling his form, a declaration was required to be given by the petitioner, which he did, stating therein that he was not involved in any criminal proceedings. The respondents made an enquiry and found that the petitioner was involved in a criminal proceeding under Section 307 IPC in case crime No. 27 of 1997. Consequently, the respondents issued an order dated 4.11.99 terminating the services of the petitioner. The petitioner, being aggrieved, has filed the present writ petition contending that the punishment of dismissal was harsh and did not commensurate with the misconduct. Further, the petitioner was absolved in that criminal proceedings and was acquitted by the Court. In support of his submission, the petitioner has relied upon a decision in Qamrul Hoda v. Chief Security Commissioner, N.E. Railway, Gorakhpur 1997 (2) UPLBEC 1201.2. In my opinion, the said judgment cannot be r...
A.B.C. Export Through Sri C.P. Gupta, Partner Vs. State of U.P. Throug ...
Court: Allahabad
Decided on: Jul-01-2008
Reported in: [2008(119)FLR730]
Rakesh Tiwari, J.1. Heard counsel for the petitioner and the standing counsel.2. This writ petition has been filed challenging legality and correctness of the order dated 12.9.2007 appended as annexure-1 to the writ petition.3. By the aforesaid order, the Deputy Labour Commissioner, Mirzapur Region, Pipri, Sonbhadra is claimed to have illegally superceded the previous reference and amendment made in the reference order dated 8.4.2008 by the Labour Commissioner in the garb of amending aforesaid reference order.4. It appears that previous reference order has been amended by the Dy. Labour Commissioner by deleting the name of M/s A.B.C. Limited and in place thereof name of M/s A.B.C. Export, which is a partnership concern, has been substituted.5. Contention of the counsel for petitioner is that the aforesaid order dated 8.4.2008 passed by respondent No. 3 is without any basis for the reasons:(a) that establishment of the petitioner M/s A.B.C. Export is situated at Imalaha, Mirzapur which ...
Kanpur Electricity Supply Company Limited Through Its Managing Directo ...
Court: Allahabad
Decided on: Jul-01-2008
Reported in: [2008(118)FLR1156]; (2009)ILLJ358All
Rakesh Tiwari, J.1. Heard Counsel for the petitioner and the standing counsel.2. This writ petition has been filed by Kanapur Electricity Supply Co. Ltd. (hereinafter referred to as KESCO) through its Managing Director against an award dated 22.1.2008 given by labour court, III, U.P., Kanpur in Adjudication case No. 38/2004.3. The facts of the case in nutshell are that Assistant Manager found respondent No. 1 absent from duty and therefore a show cause notice dated 28.12.2002 was issued to the workman for explaining his absence from 21.10.2002 in writing. The workman in his explanation dated 9.1.2003 informed that he was in jail as he stood surety for Rs. 15000/- of one Radhey son of Lalaram Jatav, in case crime No. 213/1994, Under Section 394, 307, 411, 420 IPC, P.S. Pheelkhana, Kanpur Nagar who did not appear in court on several dates.4. It appears that a notice was issued to the workman for recovery of surety amount of Rs. 15000/- but as he could not discharge his obligation towards...
New India Insurance Co. Ltd. Vs. Megh Nath and anr.
Court: Allahabad
Decided on: Jul-01-2008
Reported in: 2008(4)AWC3381
ORDERAmitava Lala, J.1. This appeal is arising out of judgment and order passed by the concerned Motor Accidents Claims Tribunal on 26th March, 2008.2. The contention of the appellant/insurance company is that the report of the medical board is not proved to determine the disability to the extent of 60%. Moreover, there should be 1/3rd deduction in view of the ratio of the judgment of Supreme Court in New India Assurance Co. Ltd. v. Charlie and Anr. 2005 (2) TAC 297 : 2005 (3) AWC 2221 (SC).3. We have gone through the judgment and order impugned hereunder to come to a definite finding in this cause even at the time of admission since we find the scope is limited. We find that the deceased is aged about 20 years. His monthly income is rupees two thousand per month on account of business of milk and agriculture as per evidence before the Tribunal. However, on the basis of medical board's report, Tribunal ultimately arrived at Rs. 1,200 per month as loss of earning being 60% disability an...
Public Information Officer, Chief Minister's Office, Civil Secretariat ...
Court: Allahabad
Decided on: Jul-01-2008
Reported in: 2008(4)AWC3574
Pradeep Kant, J.1. Following two questions arise for determination In the present writ petition:(1) Whether the information disclosing the names of the persons including address and amount, who have received more than Rs. 1 lac from the Chief Minister Discretionary Fund, can be given to the information seeker or it is an information, which stands exempted under Section 8(j) of the Right to Information Act.(2) Whether the Chief Information Commissioner while considering the complaints under Section 18 of the Right to Information Act, 2005 Is competent only to award the prescribed punishment, in case of failure of information being given as per the provisions of the Act or while dealing with the said complaints, any direction can also be issued for furnishing the information which has not been provided, though it is not found to be exempted under the provisions of the Act.2. Right to Information Act. 2005 (referred to as the 'R.T.I. Act') enacted by the Parliament, received assent of the...
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