Allahabad Court August 2008 Judgments
RobIn Mritunjai Tewari Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-29-2008
Reported in: 2008(4)AWC4118
ORDERTarun Agarwala, J.1. Heard Sri A.D. Saunders learned Counsel for the petitioner and standing Counsel for the respondents.2. The petitioner's brother Sri Basant Kumar Tewarl who was working as an Amin in the department of Minor Irrigation Division at Allahabad and died in harness on 18.5.2005. It has been stated that the petitioner's brother had nominated the petitioner with regard to any benefits arising from his service. It has also come on record that the petitioner received the benefits. Upon the death of the petitioner's brother, the petitioner applied for appointment on compassionate grounds on the ground that the petitioner was totally dependent upon his brother. It transpires that the respondents made an enquiry and found that the petitioner was enrolled as an advocate with the Bar Council of Uttar Pradesh. On this basis, the respondent referred the matter for opinion to the State Government.3. The State Government, by an order dated 21.6.2007 held that the petitioner was n...
Tag this Judgment!Nagar Palika Parishad, Through Its Executive Officer and Executive Off ...
Court: Allahabad
Decided on: Aug-29-2008
Reported in: [2008(119)FLR412]
Prakash Krishna, J.1. Raising a somewhat interesting question the present writ petition has been filed. The question involved in the present petition is regarding the applicability of Payment of Gratuity Act, 1972 (hereinafter referred to as the Act) and the U.P. Nagar Mahapalika Non Centralized Services Retirement Benefit Regulations, 1984 (hereinafter referred to as the Regulation) with respect to employees of Nagar Mahapalika Non Centralized Services.2. The facts of the case are not much in dispute. Ram Saran Ruhela, the respondent No. 3, who was working with the petitioner was placed under suspension, charge-sheeted and his services were terminated vide order dated 8th of January, 1991. He was dismissed by the order dated 8th of December, 1995. The said order was modified by the appellate authority and dismissal was substituted by an adverse entry and stoppage of two increments. The matter came up before this Court in two writ petitions being writ petition Nos. 1998 of 1996 and 714...
Tag this Judgment!U.P. State Road Transport Corporation Through the Regional Manager Vs. ...
Court: Allahabad
Decided on: Aug-29-2008
Reported in: [2008(119)FLR868]
Rakesh Tiwari, J.1. Heard Counsel for the parties.2. This petition is directed against an award dated 12.11.1998 passed by labour court, U.P., Varanasi in adjudication case No. 63 of 1997.3. The State Government having formed the opinion that an industrial dispute exists, referred the following matter for adjudication to the labour court aforesaid :Kya Sevajojako Dwara Apane Shramik Sri Shambhu Chaubey Son of Sri Ram Sagar Chaubey, Pad Parichalak Ki Sewaye Dinank 11.9.1989 Se Samapt Kiya Jana Uchit Tatha/Athwa Vedhanik Hai? Yadi Nahi To Shramik Kya Hitlabh Pane Ka Adhikari Hai4. Facts of the case are that respondent No. 3- workman was a conductor in petitioner - U.P. State Road Transport Corporation. On12.12.1985 the workman was deputed as conductor on Bus No. 4500 plying under contract with the corporation on Allahabad-Jaunpur route. The checking authority on checking the bus found that five passengers out of a total of 50 passengers from Phoolpur to Badshahpur, were travelling withou...
Tag this Judgment!U.P. State Road Transport Corporation Through Its General Manager/Regi ...
Court: Allahabad
Decided on: Aug-29-2008
Reported in: [2008(119)FLR728]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. This writ petition is directed against the award dated 27.9.96 passed by the Labour Court (I) U.P. Kanpur granting relief of reinstatement with continuity of service to the workman concerned with half back wages and stoppage of two annual increments without any future effect.3. Respondent No. 1 workman was appointed as Conductor in UP. State Road Transport Corporation. On the checking of the bus it was found that the workman was carrying 25 passengers without tickets regarding which charge sheet was issued to him. After holding domestic enquiry the workman concerned was removed from service vide order dated 3.12.93.4. An industrial dispute was raised by the workman concerned regarding removal from his service. The State Government being of the opinion that an industrial dispute existed between the parties referred the following matter of dispute to the Labour Court, (I) Kanpur where it was registered as...
Tag this Judgment!Dheerendra Singh Son of Late Hriday Lal Sachan Vs. State of U.P. Throu ...
Court: Allahabad
Decided on: Aug-29-2008
Reported in: 2009(1)AWC730
Sudhir Agarwal, J.1. With the consent of learned Counsel for the parties the writ petition has been heard and is being decided finally at this stage under the Rules of the Court since only legal issues have been raised by learned Counsel for the petitioner and, therefore, learned Counsel for the respondents did not propose to file any counter affidavit but have made their submissions orally.2. Hreard Sri Alok Dwivedi, learned Counsel for the petitioner, learned Standing Counsel for respondents No. 1, 2, 3 and 5 and Sri Awadhesh Kumar, learned Counsel appearing for respondent No. 4.3. The grievance of the petitioner is that there is only one post of Class-Ill in the institution which is to be filled in by promotion under Chapter III Regulation 2 of the regulations framed under U.P. Intermediate Education Act, 1921 (hereinafter referred to as the 'Act'). The petitioner being a Class IV employee at Serial No. 2 in the seniority list was eligible and entitled to be promoted on the said pos...
Tag this Judgment!Dr. Anil Kumar Lal Vs. Additional Principal Judge, Family Court and an ...
Court: Allahabad
Decided on: Aug-29-2008
Reported in: 2009(1)AWC988
O.P. Srivastava, J.1. The short question for consideration in the petition is whether oral evidence an be permitted to be given on affidavit in any suit in the family court.2. The petitioner had filed a suit for decree of divorce against his wife-opposite party No. 2. After recording of the evidence of the petitioner, the opposite party filed oral evidence on affidavit. The petitioner raised objection to the effect that oral evidence on affidavit is not permissible under the Act. The learned court below, however, rejected objection on the ground that under Section 10 (3) of the Family Courts Act, 1984 (hereinafter referred to as the Act) family court can adopt its own procedure and also that in the amended Code of Civil Procedure evidence of the witness can be given on affidavit. It is also observed by learned Court that there is no provision in the family court against the amended provision of the Code of Civil Procedure.3. Aggrieved with the said order, the petitioner has filed the i...
Tag this Judgment!R.N. Bhagat Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Aug-28-2008
Reported in: 2008(4)AWC4066; [2008(119)FLR999]
Tarun Agarwala, J.1. The petitioner was appointed as a Cook in the Central Reserve Police Force in the year 1991. On account of overstay, the petitioner's services was terminated by an order dated 24th February, 1999, against which, he filed an appeal which was also dismissed. The petitioner preferred a revision, which was also rejected. The petitioner thereafter filed Writ Petition No. 28801 of 1999 praying for the quashing of the orders of the disciplinary authority, the appellate authority as well as the revisional authority and also prayed for a writ of mandamus commanding the respondents to restore the services of the petitioner as Cook and to pay him the arrears of salary, and also continue to pay him the current salary month to month.2. The said writ petition was allowed by a judgment dated 27th February, 2001 and the order of termination was set aside. The Court while setting aside the order of termination, moulded the relief and directed that instead of removing the petitioner...
Tag this Judgment!U.P. State Road Transport Corporation Through the Regional Manager Vs. ...
Court: Allahabad
Decided on: Aug-28-2008
Reported in: 2009(1)AWC700
Amitava Lala, J.1. This is an appeal of the Uttar Pradesh State Road Transport Corporation (hereinafter called as the 'Corporation') challenging the judgement and order dated 22nd May, 2008 passed by the concerned Motor Accident Claims Tribunals, Mainpuri. The awarded amount is Rs. 2,00,000/- as total compensation considering all counts in a case of amputation of left leg below knee of a minor girl. We find that consideration of cause for the purpose of paying compensation is appropriate. Therefore, we do not find any justification to interfere with the impugned judgement on such ground.2. So far as other point as raised by the learned Counsel appearing for the appellant about the rate of interest, which has been given at 12% per annum, is concerned, he contended by showing paragraph-39 of the judgement reported in : [2002]3SCR1176 (United India Insurance Co. Ltd. Etc. Etc. v. Patricia Jean Mahajan and Ors. Etc. Etc.) that the rate of interest would be 9% in the place and instead of 12...
Tag this Judgment!Smt. Lila Vishwakarma Wife of Indrajeet Vs. State of U.P. Through Its ...
Court: Allahabad
Decided on: Aug-28-2008
Reported in: [2008(119)FLR475]
Tarun Agarwala, J.1. Heard Shri Anil Kumar Sharma, learned Counsel for the petitioner and Shri Mohan Yadav, learned Standing Counsel for respondents.2. The petitioner has filed the present writ petition praying that the respondents be restrained from interfering with the peaceful working of petitioner as A.N.M. at Prathmik Swasthya Kendra, Chail in District Allahabad and that a writ of mandamus be also issued directing the respondents to pay the salary and arrears of salary along with 12% interest since August, 2003 onwards.3. The facts leading to the filing of the writ petition is, that the petitioner was appointed as A.N.M. in the year 1981 and since then is working in the Primary Health Centre at Chail in District Allahabad. On 23rd July, 2003, the petitioner was transferred from Chail to Kada and was directed to hand over the charge to Smt Suman Dwivedi, who was posted on that place in her place. The petitioner made a representation for the cancellation of her transfer order on per...
Tag this Judgment!Committee of Management of Sri Ram Shiksha Samiti Through Its Manager, ...
Court: Allahabad
Decided on: Aug-28-2008
Reported in: 2009(1)AWC738
Ashok Bhushan and Arun Tandon, JJ.1. With the consent of the learned Counsel for the parties, the special appeal is being decided today without calling for further affidavits.2. This intra Court special appeal has been preferred against the last but one paragraph of the judgment of the Hon'ble Single Judge dated 7.8.2008 passed in writ petition No. 30809 of 2008, wherein the learned Single Judge has made it open for the writ petitioners to file their objections in respect of the elections of the office bearers of the Society, held under the control and supervisions of the Assistant Registrar, Firms, Societies and Chits, Azamgarh before respondent No. 4 i.e. the Registrar, Firms, Societies and Chits, U.P., Lucknow. It has further been provided that objections so filed may, be decided by the respondent No. 4 on the basis of relevant record by means of a reasoned and detailed order.3. Counsel for the appellants contend that such direction of the High Court virtually amounts to conferring ...
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