Andhra Pradesh Court March 1989 Judgments
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State of Andhra Pradesh Vs. M/S. Associated Engineering Enterprises, H ...
Court: Andhra Pradesh
Decided on: Mar-24-1989
Reported in: AIR1990AP294
ORDERJeevan Reddy, J. 1. The appeal and the Civil Revision Petition arise from a common judgment and order of the learned Subordinate Judge, Rajahmundry, making the award a rule of the Court and dismissing the petition filed by the appellant-State for setting aside the award.2. An agreement was entered into between the State of Andhra Pradesh and the respondent-contractor for execution of the work of constructing approaches to the rail-cum-road bridge across Godavari, at Rajahmundry. The agreement is dated 17-6-1970, and the value of the work is Rs. 70,29,925/-. A period of 42 months was stipulated for completing the work, i.e. on or before 21-12-1973. the respondent actually completed the work by 10-12-1974 after the period of contract was extended twice. The first letter of the contractor requesting for extension was addressed on 17-12-1973. Extension wasgranted up to 31-5-1974. By another letter dated 22-7-1974 the contractor requested another extension till the end of August, 1974....
S. Kanyalal Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Mar-23-1989
Reported in: AIR1990AP1
ORDER1. In these two writ petitions aquestion of apprehension of bias of an arbitrator appointed under the provisions of S. 7-B of the Indian Telegraph Act has been raised.2. In these two writ petitions the petitioner prays for the appointment of any member of the Telephone Advisory Committee or Consultative Committee or any officer from any other Central Government Department or any Central Government Pleader as an arbitrator under S. 7-B in cancellation of the appointment of the 3rd respondent who is the Deputy General Manager (Administration) and who has been appointed for conducting arbitration proceedings in these two cases.3. Section 7-B of the Telegraph Act 1885 deals with arbitration of disputes including those arising between a person having a telephone and the department in connection with alleged excess billing of telephones. The said section reads as follows:'Section 7-B.-- (1) Except as otherwise expressly provided in this Act, if any dispute concerning any telegraph tine,...
S.A.P. Fernando Vs. Rainbow Sea Foods (Pvt.) Ltd. and ors.
Court: Andhra Pradesh
Decided on: Mar-23-1989
Reported in: [1991]70CompCas181(AP)
K. Ramaswamy, J.1. The appellant is one of the directors of Rainbow Sea Foods P. Ltd., a company registered under the Companies Act, 1956, under Certificate of Incorporation no. 9163 of 1982 dated, January 16, 1982. It consists of the four first directors under article 33(a), viz, (i) C. Pattabhiraman ; (ii) C. Renie Fernando ; (ii) M.A.Rajendran Shall be the first managing director of the company and, unless he shall voluntarily resign that office, he holds that office for five years form the date of incorporation of the company. He shall be eligible, after the expiry of the period, for reappointment on such terms as may be mutually decided by the managing director and the board of directors for a further period of five years until he voluntarily resigns or becomes incapable of acting. The Company work acquired two vessels 'sunshine' and 'Sunrise' for the purpose of the work of the company in terms of the memorandum and articles of association. The 'Sunshine' Vessel was entrusted to t...
P. Ram Reddy Vs. State of Andhra Pradesh and Another
Court: Andhra Pradesh
Decided on: Mar-15-1989
Reported in: AIR1990AP76
ORDER1. The petitioner is a Senior Advocate of the Supreme Court. He was appointed by the Government of Andhra Pradesh as its senior counsel to appear for the State of Andhra Pradesh in the Supreme Court cases at the prescribed scales of fee. The petitioner prays for the issue of a writ of mandamus to the respondent to pay interest and/or compensation at the rate of 12% simple interest per annum on (a) the amounts in the bills in Annesure 'A' and Annexure 'B' to G.O. Ms. No. 227, dated 31-7-1986 (Annexure I to the writ petition) from the date of the bills to the date of payment, viz., 22-8-1986; and (b) on the amounts in bills in Part 1 and V of Annexure 'D' to G.O. Ms. No. 35, dated 9-1-1988 (Annexure II to the writ petition) from the date of the bills to the date of payment, viz., 2-3-1988, after deducting interest (counter interest) payable by him at 12% simple interest from the dates of payment of the amounts made to the petitioner shown in Parts II, III, IV and VI of Annexure 'D' ...
R. Venkatappa Naidu and anr. Vs. Thammivevi Sugunamma and ors.
Court: Andhra Pradesh
Decided on: Mar-15-1989
Reported in: 1990ACJ1080
K. Ramaswamy, J. 1. On June 2, 1982 at about 8.00 a.m. on Srikalahasti-Naidupet Road near Poyakothu village, the deceased Thammineni Srinivasulu Naidu aged about 35 years who got into the tractor bearing No. AAC 358 died due to the rash and negligent driving of the driver, RW 2, when the deceased fell down under the wheels and was run over. The widow, the minor children and the mother, respondent Nos. 1 to 5 herein, laid the claim in a sum of Rs. 80,000/-. The Tribunal below found that the death was due to rash and negligent driving of the driver, but held that the deceased was not proved to be agriculturist cultivating Ac. 3-00 land on lease basis. However, it held that he must be an agricultural labourer and was contributing a sum of Rs. 200/- per month to his family, viz., his wife, three minor children and mother. As a result, the annual dependency was fixed at Rs. 2,400/-, applied multiplier of 14.18 since he was aged 35 years and awarded a sum of Rs. 34,032/-. It also awarded a s...
D.K. Savitramma Vs. Anantapur District Co-operative Central Bank and a ...
Court: Andhra Pradesh
Decided on: Mar-14-1989
Reported in: (1991)IILLJ350AP
ORDER1. The petitioner filed an application under Section 33-C(2) of the Industrial Disputes Act against the responded herein for payment of gratuity, bonus and reimbursement of medical bills. The Tribunal found that the petitioner is entitled to receive the gratuity and bonus payable to her husband and the legal representatives are entitled to approach the competent authority for payment of gratuity. Having found like that, the Tribunal found that the respondent shall give notice to the petitioner and hold an enquiry with regard to the amounts said to have been mis-appropriated by late D. K. Narayana Rao, the husband of the petitioner. The petitioner was also advised to raise all pleas available to her in the said enquiry and the management shall pay the amounts due towards gratuity and bonus or a part thereof to the petitioner in the event it was found in the enquiry that no amount is due to the bank from D. K. Narayana Rao or less amount is due to the bank. The Tribunal held that if...
Andhra Bank, Hyderabad Vs. Central Industrial Tribunal, Hyderabad
Court: Andhra Pradesh
Decided on: Mar-14-1989
Reported in: [1991(62)FLR223]; (1991)IILLJ608AP
ORDER1. On reference, the Industrial Tribunal (Central), Hyderabad considered whether the Management of Andhra Bank, Hyderabad, is justified in reverting Sri K. Suryanarayana from the post of Clerk to the post of Sub-Staff with effect from October 1, 1976; if not, to what relief the workman is entitled The Reference was registered as I.D. No. 30/82. The employee joined the service as peon in the year of 1946. He was promoted to the clerical post on December 31, 1975 and he completed six months probation period by June 30, 1976. Thereafter his probation was extended by three months on the ground of unsatisfactory work by the Regional Manager, Warangal. On October 1, 1976, the employee received orders from the Central Office stating that he was depromoted and reverted as peon. According to him, the Manager of Warangal branch as well as the Regional Manager of Warangal have recommended his case to the Central Office to restore him to the clerical cadre with immediate effect, but the Manag...
New India Assurance Co. Ltd. Vs. Pamula Bala Prabhavatamma and ors.
Court: Andhra Pradesh
Decided on: Mar-09-1989
Reported in: 1990ACJ547; [1991]72CompCas206(AP)
1. The appellant herein-the New India Assurance Company Limited-is resisting the claim for a sum of Rs. 1,40,000 awarded by the Tribunal below as against the claim of Rs. 3,20,000 to the respondents-claimants, who are the widow, minor daughters and major son of the deceased P. Bala Muni Reddy aged about 48 years. The deceased was an employee of the Gram Panchayat drawing a monthly income of Rs. 1,440. At about 7.50 a.m. on February 5, 1984, he was knocked down by bus No. APD 3711 on a bridge near Cuddapah town and the deceased died on the spot. As a result, the respondents-claimants laid the claim. The court below recovered the finding that the death of the deceased was due to rash and negligent driving of the vehicle No. APD 3711. This finding is based on direct evidence. Accordingly, I confirm that the death had occurred as a result of the rash and negligent driving of the vehicle by the driver. 2. The only point that arises for consideration in this appeal is about the liability of ...
New India Assiramce Co. Ltd., Ananthapur Vs. P.Bala Prabharatmma and O ...
Court: Andhra Pradesh
Decided on: Mar-09-1989
Reported in: AIR1990AP144
1. The appellant herein The New India Assurance Company Limited is resisting the claim of a sum of Rs. 1,40,000 awarded by the Tribunal below as against the claim of Rs. 3,20,000 to the respondents-claimants, who are widow, minor daughters and major sons of the deceased P. Balamuni Reddy aged about 48 years. The deceased is an employee of the Gram Panchayat drawing a monthly income of Rs. 1,440/-. At About 7.50 a.m. on February 5, 1984 he was knocked down by the bus APD 3711 at a Bridge near Cuddapah town and the deceased died on the spot. As a result, the respondents-claimants laid the claim. The Court below recorded the finding that the death of the deceased was due to rash and negligent driving pf the vehicle APD 3711. This finding is based on the direct evidence. Accordingly, I confirm that the death had occurred as a result of the rash and negligent driving of the vehicle by the driver.2. The only point that arises for consideration in this appeal is what is the liability of the A...
E.i.D. Parry (India) Ltd. and ors. Vs. Nomaan Jameels and ors.
Court: Andhra Pradesh
Decided on: Mar-09-1989
Reported in: (1995)IIILLJ622AP
ORDERA. Setharam Reddy, J. 1. By this W.P. M.P. No. 22641 of 1988, the order made by this court on 2-3-1988, allowing the writ petition is sought to be reviewed. The order is as under: 'The award made by the Labour Court by allowing the appeal preferred by the respondent-authorities is impugned in this Writ Petition. One of the three grounds raised in this Writ Petition, which is a question of law, is whether Rule 20(3) framed under the A.P. Shops and Establishments Act, has been observed in this case. The contention of the learned counsel for the petitioner is that the Rule mandates the authorities before imposing any punishment after enquiry, to take into consideration the conduct with reference to the 10 years service of the incumbent. In this case, as it becomes plain from the order of the first court and also the order of the second appellate court, that this question was duly raised on behalf of the petitioner, but the same was not adverted to. Even here none appears for the resp...
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