Allahabad Court July 2008 Judgments
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Badri Singh and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-23-2008
Reported in: 2008(4)AWC4177
Pankaj Mithal, J.1. The dispute in the present appeal is with regard to entitlement of plaintiff/appellants to receive compensation in respect of the land in dispute which is part of plot No. 59 situate in village Niardih, Pargana Kathihar, district Varanasi.2. The aforesaid plot of land having an area of 91 decimals was owned by Bacha Singh, Surya Prasad and Ram Bali Singh all sons of Sukhdeva Singh. The plaintiff/appellants purchased the same from the aforesaid owners vide two registered sale deeds dated 19.11.1952 and 16.6.53. They were also given possession of the said land and it is said that they were cultivating the same ever since then. However, their names were not mutated in the revenue records. In the meantime, part of the aforesaid land having an area of 33 decimal was acquired by the State of U.P. An award of Rs. 1,033.20 was made in the name of the previous owners as they continued to be recorded in the revenue record.3. Therefore, the plaintiff/appellants applied for rec...
Hasib Ahamad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-23-2008
Reported in: 2008(4)AWC4175
ORDERAshok Bhushan and Arun Tandon, JJ.1. This is an appeal against the judgment and order dated 28.2.2008, passed by the learned single Judge by which the writ petition filed by the petitioner challenging the order dated 13.7.2007 cancelling the fair price agreement as also the appellate order dated 28.2.2008 was dismissed.The Stamp Reporter has submitted a report that the appeal is not maintainable under Chapter VIII, Rule 5 of the Rules of the Court.2. Learned Counsel for the appellant contends that this appeal is maintainable under Chapter VIII, Rule 5 of the Rules of the Court. He has placed reliance upon the Division Bench judgment of this Court in Ram Dhyan Singh v. State of U.P. : 2004(3)AWC2559 .3. The writ petition giving rise to this appeal filed by the appellant was against the cancellation order as also against an appellate order passed under Rule 28 of the U.P. Scheduled Commodities Distribution Order, 2004. The U.P. Scheduled Commodities Distribution Order, 2004 has been...
Hindalco Pragati Sheel Mazdoor Sabha Vs. Industrial Tribunal (i),
Court: Allahabad
Decided on: Jul-23-2008
Reported in: [2008(119)FLR966]; (2009)IILLJ263All
Rakesh Tiwari, J.1. Heard Ms. Gajala Kadri on behalf of K.P. Agarwal, learned Counsel for the petitioner, learned Standing Counsel for respondent No. 1 and Sri Vinod Swaroop appearing for respondent Nos. 2 and 3.2. This petition has been filed challenging the validity and correctness of the award dated 16.5.1985 and prayer for quashing of the same. The petitioner has further prayed for a writ in the nature of mandamus commanding the respondent Tribunal for providing the benefit of fixing a pay scale and other facilities such as overtime wages, leave holidays etc. at par under the same category of personnel employed under the corporation.3. The workers involved in the present writ petition were employed in the canteen at M/s Hindustan Aluminium Corporation Ltd. Renukoot, Mirzapur.4. The workers claimed the facilities of bonus, wages, and leave holidays and raised an industrial dispute in this regard which was referred by the State Government to Industrial Tribunal (1) U.P., Allahabad wh...
Prem Prasad Gupta Son of Late Sri Ramraj Prasad Gupta Vs. the State of ...
Court: Allahabad
Decided on: Jul-22-2008
Reported in: [2008(119)FLR78]
Tarun Agarwala, J.1. Heard Shri Arvind Kumar Srivastava, the learned Counsel for the petitioner and Shri M.H. Chauhan, the learned Counsel, holding the brief of Shri Satish Chandra Rai, the learned Counsel for respondent Nos. 3, 4 and 5 and the learned Standing Counsel for the remaining respondents.2. The petitioner was appointed as a Driver-cum-Mechanic on 1st of August, 1980, as is clear from paragraph 3 of the writ petition and Annexure T to the writ petition. The petitioner contends that he is working on that post, since then, without any break in service. The petitioner alleged that from 7th March, 1998 onwards, the respondents stopped his salary and that juniors to the petitioner were also regularised in service and that the same benefit was not extended to the petitionr.3. Accordingly, the petitioner filed a writ petition, which was disposed of with a direction to the authorities to consider and decide his representation. Based on the said order, the authorities rejected the cla...
U.P. State Road Transport Corporation Through Its Deputy General Manag ...
Court: Allahabad
Decided on: Jul-22-2008
Reported in: 2009(1)AWC321; [2008(119)FLR15]; (2009)ILLJ473All
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. Respondent No. 3 was appointed as Carpenter on temporary post on 2.6.1977 in Gorakhpur Region. Subsequently on 26.7.1978 he was transferred from Bird Ghat Depot, Gorakhpur Region to Dohri Ghat Depot of Azamgarh Depot. He was placed under suspension by order dated 28.7.1978 on misconduct and a charge sheet dated 2.8.1978 was also issued to the petitioner. After enquiry the authorities reinstated the workman in service with warning and forfeiture of salary for suspension period except for suspension allowance by an order dated 16.11.1978.On 19.12.1979 a report was submitted by Sri Hardeo Ram, Chaukidar that he caught the workman along with Sri Dudh Nath Carpenter carrying 11 aluminum foils weighing 2-3 kgs. The workman was placed under suspension by an order dated 2.1.1980 and a chargesheet dated 29.1.1980 was also served on him. He filed reply thereto on 1.2.1980. After holding an enquiry the petitioner ...
The British India Corporation Ltd., Cawnpore Wollen Mills Branch Vs. t ...
Court: Allahabad
Decided on: Jul-22-2008
Reported in: 2009(1)AWC30; [2008(119)FLR970]
Shishir Kumar, J.1. This writ petition has been filed for quashing the award dated 23.4.1988 passed by Industrial Tribunal (I) Allahabad in Misc. Case No. 60 of 1987.2. The facts arising out of the writ petition are that respondent No. 2 was a workman in the petitioner's Corporation. The petitioner is a government company within the meaning of Companies Act. 1956 and is engaged in manufacturing of textile and woollen goods. The service conditions of the workmen of the company laid down certain terms and conditions in the Standing Order certified in the Industrial Employment (Standing Orders) Act, 1956. Clause 23 of the certified Standing Order enumerates regarding misconduct. In the weaving department about 400 workers are employed. Criteria for calculating production of clothes in this department is taken by number of in one inch of woollen clothes.3. Respondent No. 2 who was employed as weaver in the weaving department, it was reported by one Sri C.R. Singh, Incharge of the shed on 2...
ishwar Deen and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-22-2008
Reported in: [2008(119)FLR307]
Devi Prasad Singh, J.1. In these writ petitions, affidavits have been exchanged between the parties.Heard learned Counsel for the parties.2. In these two writ petitions, since common questions of law and facts are involved, they are being decided with a common judgment at admission stage with the consent of the learned Counsel for the parties.3. The brief facts of the case are summarised as under:4. The petitioners, Sri Ishwar Deen and Sri Heera Lal of Writ Petition No. 6067 (S/S) of 2007 were appointed as Daily Wager on the post of Cattle Guard in Group 'D' category on 7.8.1980 and 1.8.1980 respectively. Whereas the petitioners, Ram Swaroop, Dal Bahadur and Ram Hadal, of Writ Petition No. 6076 (S/S) of 2007 were appointed between 1986 to 1990.5. It has been submitted by the learned Counsel for the petitioners that the petitioners have got unblemished service record. In Writ Petition No. 6067 (S/S) of 2007 in paragraph 20, it has been specifically pleaded that persons junior to the pet...
Commissioner, Trade Tax Vs. Harbans Lal Mehrotra and Sons
Court: Allahabad
Decided on: Jul-22-2008
Reported in: (2009)25VST239(All)
Prakash Krishna, J.1. The present revision is directed against the order dated December 18, 1997 passed by the Trade Tax Tribunal, Ghaziabad in Second Appeal No. 403 of 1993 relevant to the assessment year 1986-87 whereby and whereunder the Tribunal has allowed the appeal preferred before it by the dealer-opposite party and held that the amount of security and insurance charges as realised from the customers by the dealer-opposite party is not a part of taxable turnover.2. The dealer-opposite party is carrying on the business of purchase and sale of safety razors and blades. It has admitted its taxable turnover of Rs. 32,70,538.77 and realised a sum of Rs. 14,62,018.14 as insurance charges and security along with each bill issued for sale. The assessing officer, after affording an opportunity of hearing to the dealer-opposite party, took the view that the said insurance charges and the security amount charged along with each sale bill by the dealer-opposite party from the customers are...
Tej NaraIn Singh Son of Late Chet NaraIn Singh Vs. State of U.P. Throu ...
Court: Allahabad
Decided on: Jul-21-2008
Reported in: 2008(4)AWC3542(All)
Ashok Bhushan and Arun Tandon, JJ.1. With the consent of the parties the records of Writ Petition No. 25963 of 2008 were called for. This appeal as well as the writ petition is being disposed of at this stage without calling for any further affidavit.2. Tej Narain Singh, the appellant before this Court is working as officiating Principal in Kisan Inter College, Rajgarh, Mirazapur (hereinafter referred to as 'Institution'). The institution is recognized and aided under the provisions of the Intermediate Education Act. Committee of Management of the Institution by means of a resolution dated 17.02.2008 resolved to place the Principal of the institution Tej Narain Singh under suspension pending enquiry into the charges, as per the charge-sheet dated 01st March, 2008 (copy whereof has been enclosed at page 59 of the paper book of the special appeal). With reference to the provision of Section 16-G(7) the relevant papers for approval of the suspension of the Principal, so effected, were for...
Ramesh Gaur Son of Sri Nagu Prasad Vs. Mahanideshak, Karagar Prashasan ...
Court: Allahabad
Decided on: Jul-21-2008
Reported in: 2008(4)AWC3476(All)
Ashok Bhushan and Arun Tandon, JJ.1. Sri B.L. Yadav, learned Counsel for appellant and learned Standing Counsel for the respondents.2. This special appeal has been preferred against the judgment and order passed by the learned Single Judge dated 29th April, 2008 dismissing the writ petition filed by the appellant. The writ petition was directed against the order passed by the Senior Superintendent, Divisional/District Jail, Gorakhpur dated 9th April, 2008 terminating/cancelling the appointment of the appellant as Bandi Rakshak.3. Brief facts necessary for deciding the special appeal are that in response to the advertisement dated 14th May, 2003, for filling up the backlog vacancies belonging to the Scheduled Caste category, petitioner-appellant made an application claiming himself to be a member of Scheduled Caste category. On the basis of caste certificate submitted by the appellant, he was selected as Bandi Rakshak on 31st July, 2003. The caste certificates, which were submitted by t...
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