Allahabad Court April 2013 Judgments
M/S. Hamdard (Waqf) Laboratories Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-23-2013
The petitioner has filed the present writ petition questioning the legality and validity of the reference order dated 27.12.2012 issued under Section 4-K of the U.P. Industrial Disputes Act whereby the State Government has referred a dispute to the labour court for adjudication. The facts leading to the filing of the writ petition is, that the workers went on a strike on 2nd June, 1983. Conciliation proceedings were initiated between the labour force and the management and, in these conciliation proceedings, the workers were directed to report for duty by 18th August, 1983. This date was subsequently extended till 1st September, 1983. The present respondents nos. 3 to 18 apparently did not report for duty, and eventually, the management took a decision terminating their service with effect from 09th September, 1983. These 18 workers along with some others raised an industrial dispute questioning the validity and legality of the order of their termination. The dispute was referred to th...
Tag this Judgment!Ferolite Highlight Kamgar Union Vs. Registrar Trade Union Evam Labour ...
Court: Allahabad
Decided on: Apr-15-2013
Tarun Agarwala, J. It transpires that election of the Trade Union was conducted and upon the declaration of the result, the Union filed a list of office bearers before the Registrar of the Trade Unions, under Section 8 of the Trade Unions Act, 1926. The Registrar, upon being satisfied that the various requirements of the Acts were duly complied with, accepted the application of the Union and registered the particulars of the Trade Union. It transpires that 65 workers filed their separate affidavits before the Registrar claiming that the election conducted by the Union was a fraud and that the registration of the names of the office bearers of the Trade Union was liable to be set aside. Upon receipt of the said affidavits, the Registrar directed an investigation into the matter and, upon inquiry, the Registrar found that a majority of the compliant filed through various affidavits were true. The Registrar, Trade Union, by an order dated 8.12.2010 held that since a fraud was played upon ...
Tag this Judgment!Haridwar Bhikha Vs. Mrs. Kulwant Banshi
Court: Allahabad
Decided on: Apr-03-2013
Sudhir Agarwal, J. 1. Heard Sri P.N.Tripathi, learned counsel for the appellant and Sri V.K.Dwivedi, learned counsel for the respondents. 2. This is defendant's second appeal. The plaintiff Smt. Kulwant (now deceased and substituted by her legal heirs) instituted Original Suit No.165 of 1976 for cancellation of sale deed dated 17.9.1974. The sale deed was executed by Bansi, husband of plaintiff in favour of defendant-appellant no.1 Haridwar, who is the nephew of Bansi being son of Bansi's brother Bheekha. Bansi and Bheekha were the two sons of one Durbali. They were co-bhumidhars of agricultural plots no.83 measuring 4-19-1 and 129 measuring 0-7-14, situated at village Barkuiya, Pargana Basti (east of the district Basti). They were also joint owners of the house detailed under schedule B of the plaint. After the death of Bheekha, his son Haridwar defendant no.1 became co-owner and co-bhumidhar with Bansi. 3. Sri P.N.Tripathi, Advocate stated at the Bar that Bansi was elder to Bheekha. ...
Tag this Judgment!Pratima Chaudhary and Others Vs. State of U.P. Through Prin. Secy. Med ...
Court: Allahabad
Decided on: Apr-03-2013
Anil Kumar, J. (C.M. Application No. 27400 of 2013) Heard Dr. L.P. Misra, learned counsel for petitioners, Sri A.N. Trivedi, learned Additional Chief Standing Counsel on behalf of O.P. Nos. 1 to 3 and Sri P.K. Khare, learned counsel appearing on behalf of O.P. Nos. 4 to 7 on interim relief and perused the record. An advertizement No. 19-F Up. Niyu./2010/1/33 Lucknow dated 03.11.2011 published in the daily Newspaper Dainik Jagran dated 10.11.2011by means of which advertisement for selection of 428 posts of Staff Nurses (Male and Female) have been issued with reserved backlog of 97 posts through direct recruitment having the eligibility criteria for the candidates who have obtained Certificate of Training in General Nursing from Government Training Institutions as well as Private Training Institutions and from U.P. State Medical Faculty, the said advertizement provided that the selection process on the post of Staff Nurses shall be made as per provisions provided for direct recruitment f...
Tag this Judgment!Dr. Lokesh Chandra and Others Vs. Municipal Board, Bisalpur and Others
Court: Allahabad
Decided on: Apr-02-2013
Sudhir Agarwal, J. 1. Heard Sri R.C.Singh, learned counsel for the appellant and Sri M.A.Qadeer, Senior Advocate assisted by Sri V.K.Nagaich, Advocate for respondent no.2/1/4. 2. Tthis Court formulated following substantial questions of law, which have to be answered in this appeal: i. Whether the lower appellate court was justified in allowing the Civil Appeal No.81/79 filed by defendant No.2 and 3 without upsetting the findings recorded by the trial court that the alleged lease deed in their favour was wholly illegal and contrary to law? ii. Whether a lease deed executed on behalf of Municipal Board in accordance with the provisions of U.P. Municipalities Act and the notifications issued thereunder is required to be registered? iii. Whether the provisions of registration requiring registration of the lease deed would override the provisions of U.P. Municipalities Act and the notifications issued thereunder which had made a special provision for grant of lease of properties vested wit...
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