Allahabad Court August 2008 Judgments
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Indian Institute of Technology Through Its Director, K.A. Padamnabhan ...
Court: Allahabad
Decided on: Aug-05-2008
Reported in: [2008(119)FLR267]; (2009)IILLJ180All
D.P. Singh, J.1. Heard Shri Yashwant Verma for the petitioner and Shri V.C. Mishra, learned Senior Advocate assisted by Vivek Misra for the respondent workman.2. This petition is directed against an award of the labour court dated 17.8.1998 as published on 21.12.1998 answering the reference in favour of me workman and granting him reinstatement with continuity of service and full back wages.3. The petitioner Institute of Technology is a declared Institution of National Importance established and managed under the Institutes of Technology Act 1961 (hereinafter referred to as the Act) imparting instruction and research in various branches of Engineering, Technology, Science and Arts where the Board of Governors is responsible for general superintendence, direction and control of the affairs of the Institute and is also empowered to take policy decision with regard to the administration and working of the Institute.4. In exercise of its powers, Board of Governors decided to set up a Healt...
Har Swarup Sharma Vs. Prabandhak Samiti, Amar Jyoti Junior High School ...
Court: Allahabad
Decided on: Aug-04-2008
Reported in: 2008(4)AWC4127
Poonam Srivastav, J.1. Heard learned Counsel for the appellant.2. Record of the lower court is made available. The instant appeal was dismissed is default by this Court vide order dated 4.5.2007. The order dated 4.5.2007 dismissing the appeal has been recalled by this Court vide order dated 4.8.2008. The appeal is restored to its original number.The appellant has preferred this appeal challenging the judgment and decree dated 5.4.1983 passed by the Additional Civil Judge, Bulandshahr, in Civil Appeal No. 515 of 1979 setting aside the judgment and decree dated 28.11.1979 passed by the VIIth Additional Munsif, Bulandshahr, in Original Suit No. 380 of 1978.An original suit was instituted by the plaintiff/appellant for declaration. The declaration was prayed for that the plaintiff continued to function as Principal of Amar Jyoti Junior High School, Ajitpur Bhagwala, Pargana Agota, District Bulandshahr. The salary and allowances payable on the said post were also claimed and injunction was ...
Subhash Gupta and ors. Vs. Payment of Wages Authority (Astt. Labour Co ...
Court: Allahabad
Decided on: Aug-04-2008
Reported in: [2008(119)FLR707]; (2009)IILLJ67All
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.Sri Bashistht Narayan Yadav and 26 others claiming themselves to be the employees of M/s Purvanchal Sahkari Katai Mills Limited, Bahadurganj, Ghaziabad (hereinafter referred to as the Mills). They moved an application under Section 15 read with Section 16 of the Payment of Wages Act, 1936 (hereinafter referred to as the 1936 Act) The claim application was registered as P.W, Case No. 159/1992. The petitioners in the aforesaid claim alleged illegal deduction of their salary amounting to Rs. 3,37,196.05 paise for the period of January, 1991 to January, 1992.2. The claim of the workman was contested by the respondent Mills by filing written statement interalia that the applicants before the Prescribed Authority were not its employees, rather they were employees of Shri Chandra Dhar Pandey a contractor for execution of work of contract of the Mills only. It was further claimed by the employers that they were no...
Jai Prakash Son of Late Atma Prakash Kathpolia Vs. Smt. Chhama Srivast ...
Court: Allahabad
Decided on: Aug-04-2008
Reported in: 2009(1)AWC292
S.U. Khan, J.1. Heard learned Counsel for the tenant-petitioner and learned Counsel for landlady-respondent who has filed his vakalatnama.Landlady-respondent initiated eviction/release proceedings against tenant-petitioner under Section 21 Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 on the ground of bonafide need in the form of P.A. case No. 41 of 2003. Landlady also determined the tenancy of the petitioner through notice under Section 106 of Transfer of Property Act which was served upon the tenant on 6.10.2003.2. Thereafter SCC suit No. 55 of 2004 was also filed by the landlady against tenant on the ground of default in payment of rent. Suit was decreed, revision was dismissed, writ petition was also dismissed on 8.11.2005 (writ petition No. 67097 of 2005). Against the judgment of the High Court Special Leave Petition No. 3548 of 2006 has been filed by the tenant before the Supreme Court in which through order dated 12.5.2006 eviction of the ten...
Aamana Khatoon Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-04-2008
Reported in: 2008(4)AWC4045
Janardan Sahai and Sudhir Agarwal, JJ.1. The petitioner was elected as Senior Up-Pramukh on 27.2.2006. It appears that a no-confidence motion against the Pramukh was passed on 30.4.2008. The District Magistrate passed an order dated 27.5.2008 appointing a three-members committee to discharge the functions of the Pramukh until fresh elections are held. This order dated 27.5.2008 has been challenged by the petitioner.2. We have heard Sri L.P. Singh, learned Counsel for the petitioner and Sri K.N. Tripathi, senior advocate, assisted by Sri N.K. Pandey on behalf of respondent No. 4 and learned standing counsel.4. Section 9 of the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 before its amendment by the U.P. Panchayat Laws Amendment Act, 2007 provided that when the office of the Pramukh becomes vacant, his functions are to be discharged by the Senior Up-Pramukh and if there is no Senior Up-Pramukh, by the Junior Up-Pramukh and if there is no Junior Up-Pramukh, then by a committ...
Brij Mohan Son of Sri Rameshwar Dayal Vs. Special Judge (Anti-corrupti ...
Court: Allahabad
Decided on: Aug-04-2008
Reported in: 2009(1)AWC51
S.U. Khan, J.1. Heard learned Counsel for the parties.2. This is landlord's writ petition arising out of eviction/ release proceedings initiated by him against tenant respondent No. 2 Mohan Lal on the ground of bona fide need under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 in the form of P.A. Case No. 124 of 1994. Prescribed Authority/ J.S.C.C., Meerut allowed the release application through judgment and order dated 27.04.1996. Against the said judgment and order, tenant respondent No. 2 filed Misc. Appeal (P.A.) No. 177 of 1976. A.D.J./ Special Judge (Anti Corruption), Meerut through judgment and order dated 14.05.1997 allowed the appeal, set aside the judgment and order passed by the Prescribed Authority and rejected the release application of petitioner landlord, hence this writ petition.3. Property in dispute is a shop situate in Meerut, rent of which is Rs. 75.60/- per month.4. In the release application, it was stated that landlord had ...
State of U.P. Through the Executive Engineer, National High Way Divisi ...
Court: Allahabad
Decided on: Aug-04-2008
Reported in: [2008(119)FLR738]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. This writ petition has been filed for quashing the award dated 28.7.95 passed by the Industrial Tribunal (I), U.P. Allahabad in Adjudication Case No. 211 of 1993, Paras Nath v. State of U.P. and Anr.3. The case of the employers is that the workman concerned was engaged as daily wager on a temporary post but he was not discharging his duties sincerely and remained absent from his duties since 20.5.1993 without any application or information. Thereafter a medical certificate was furnished by the workman concerned for the period 20.5.93 to 28.5.93 and they had not terminated the services of the workman concerned.4. It appears that the workman concerned raised an industrial dispute before the Deputy Labour Commissioner, Allahabad who referred following matter of dispute to the Industrial Tribunal (I), U.P. Allahabad where it was registered as Adjudication Case No. 211 of 1993.D;k lsok;kstdks }kjk vius Jfed ...
Arzoo Bano D/O Late Ali Jahan Vs. State of U.P. Through the Principal ...
Court: Allahabad
Decided on: Aug-04-2008
Reported in: [2008(119)FLR735]
Tarun Agarwala, J.1. Heard the learned Counsel for the parties.2. The petitioner's father died in harness on 20th of March, 1991 leaving behind his widow and the petitioner, who was the unmarried daughter at the time of the death of the father. It is alleged that the petitioner applied on 30th March, 1991 for appointment on compassionate ground, which remained pending, and eventually, by an order dated 21st September, 2005, her application for appointment on compassionate ground was rejected. The petitioner, being aggrieved by the said order, has filed the present writ petition.3. The reason disclosed in the impugned order is that the petitioner had married on 29th of April, 1991, and therefore, a married daughter was not I entitled for employment on compassionate ground under the Dying in Harness Rules, 1974 (hereinafter called the Rules of 1974) since the married daughter was no longer a dependent of the deceased and that the petitioner does not come within the purview of the word 'f...
Smt. Ambawati Pandey and ors. Vs. Smt. Sudhira Ghosal and ors.
Court: Allahabad
Decided on: Aug-04-2008
Reported in: AIR2009All131; 2009(1)AWC732
Pankaj Mithal, J.1. Heard Sri Section C. Tripathi learned Counsel for defendant/appellants and Sri Saurabh Srivastava holding brief of Sri M. B. Saxena, learned Counsel appearing for plaintiff/respondent.2. The appeal is in connection with the rights of the parties in respect of a strip of open land which is a 5ft. wide passage.3. The Maharaja and Maharani of Kasimbazar were the owners of a piece of land which included the above 5 ft. wide passage in dispute (hereinafter referred to as the 'disputed passage'). They transferred a part of the said land vide two sale deeds dated 19.3.1960 and 29.3.1960 (Ext. 4 and 2 respectively) in favour of the plaintiff Dr. J.M. Ghosal now represented by his heirs and legal representatives. The said sale deed provided that the vendors shall keep open a strip of land 5 ft. wide on the western side of the land so transferred to the plaintiff for all times to come and the plaintiff shall have unrestricted right of way over it. After about a week thereafte...
Three Star Paper Mill Pvt. Limited Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Aug-04-2008
Reported in: (2009)26VST414(All)
Prakash Krishna, J.1. The applicant is a new unit within the meaning of Section 4A of the U.P. Trade Tax Act, 1948 which was established in the year 1985 and was granted 'eligibility certificate' under Section 4A of the Act for the period up to June 29, 1991. The unit was subsequently expanded and it applied for further exemption on account of its expansion. The 'eligibility certificate' was granted on March 16, 1994 granting exemption from July 7, 1991 to July 6, 1999 for the amount of Rs. 1,06,73,783.88. In the 'eligibility certificate', 'base production' was determined at 3,403.95 metric tons equivalent to 34,03,350 kilograms. Indisputably, the exemption was available in each year on the turnover of goods over and above the 'base production'. The assessment year involved herein is 1992-93 (U.P.). During the assessment proceedings, the contention of the dealer-applicant was that it is entitled to exemption over and above the 'base production' for the assessment year under considerati...
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