Andhra Pradesh Court June 1995 Judgments
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D. Suryanarayana Murty Vs. State Bank of Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Jun-29-1995
Reported in: 1995(2)ALT742; (1996)ILLJ784AP
ORDERS.R. Nayak, J.1. Before the 1st respondent-Management effected the impugned transfer transferring the petitioner from the branch of the Bank at Vijayawada to the branch office of the Bank at Amalapuram on 5-11-1994, the petitioner was working as Special Assistant in the branch office at Vijayawada. 2. The petition averments disclose that the petitioner joined the services of the bank as a Clerk and during the year 1992 he was working at the branch office ar Rajahmundry. While working at Rajahmundry, he sought permission of the Branch Manager to permit the law studies at Rajahmundry and the Branch Manager granted the permission on 12-9-1992. On 19-9-1992 the petitioner was transferred to Amalapuram, said to be native place of the petitioner, and the petitioner joined at the branch office of Amalapuram on 21-9-1992. There, it is claimed that, he was elected as the secretary of the Union of the employees. Again, on 29-10-1993 the petitioner was transferred to Visakhapatnam and the pe...
Jangala Nageswara Rao Vs. the Executive Officer, Gram Panchayat
Court: Andhra Pradesh
Decided on: Jun-29-1995
Reported in: 1995(2)ALT488
ORDERS.R. Nayak, J.1. The petitioner claims to be the absolute owner of 412 square feet of land comprised in Survey No. 144 and he has been in possession of the said land, having purchased the same by a registered sale deed, dated 5-5-1992, from the original owner. The petitioner, with an intention to put up a shop in the said land, wanted to file an application on 12-7-1994 before the respondent-Executive Officer, Gram Panchayat, Sattupalli in Khammam district. It is alleged that the petitioner went to the Office of the respondent-Executive Officer on 12-7-1994 with the application enclosing thereto the plan as per the Andhra Pradesh Gram Panchayat Building Rules, 1972, which Rules are shortly hereinafter referred to as 'the Rules'. It is alleged-that, to the utter surprise of the petitioner, the respondent-Executive Officer refused to receive the application of the petitioner and the plan, and that forced him to send the application enclosing the plan by Registered Post, Acknowledgme...
Andhra Pradesh State Road Transport Corporation Employees Union Vs. An ...
Court: Andhra Pradesh
Decided on: Jun-28-1995
Reported in: 1995(2)ALT761
ORDER1. The petitioner claims to be a Trade Union operating in the respondent-Corporation. It has filed this writ petition questioning the validity and justification for the respondent-Corporation to issue the impugned notification dated March 24, 1995 proposing to create two cadres of service, namely, Driver Grade III and Conductor Grade III in the pay scale of Rs. 1700-2350 and Rs. 1700 to 2100 respectively. 2. The petitioner-trade union claims that there is a binding settlement entered into between their union and the management of the Corporation during the course of conciliation proceedings under Section 12(3) of the Industrial Disputes Act on April 28, 1994. Sri Ramachandra Rao, the learned Counsel appearing for the petitioner, drew attention of the Court, particularly to clause 18.1 of the said settlement which reads as follows : 'The casual employees who are in the categories of Driver/Conductor will be regularised to an extent of 2.6 norm against the regular schedules/sanction...
Rajini Enterprises Vs. Commissioner of Commercial Taxes
Court: Andhra Pradesh
Decided on: Jun-28-1995
Reported in: [2003]133STC262(AP)
1. The point raised in these eight appeals is whether the petitioners are entitled to the benefit of reduced rate of tax prescribed in entry 24(b) of the Act.2. Though the assessing authority held that the petitioner is not entitled to the reduced rate of tax, the Appellate Deputy Commissioner accepted the plea of the petitioners and granted the benefit of rate specified in entry 24(b) of the First Schedule to the Andhra Pradesh General Sales Tax Act. In exercise of the power under Section 20 of the Act, the Commissioner revised the orders of the Appellate Deputy Commissioner.; Of the eight cases, four arise under the Andhra Pradesh General Sales Tax Act and four arise under the Central Sales Tax Act.3. Inasmuch as the point raised in these cases is covered by a Division Bench of this Court to which one of us (Syed Shah Mohammed Quadri, J.) was a member, which held in T.R.C. No. 176 of 1987 on January 31, 1995, (State of A.P. v. Jananti Oil Mills Private Ltd. : 1995(2)ALT215 ) that the...
Pabba Ramesh Vs. State of A.P. Through Its Secretary, Panchayat Raj, R ...
Court: Andhra Pradesh
Decided on: Jun-28-1995
Reported in: 1995(3)ALT508
ORDER1. These two writ petitions arise out of the orders passed by the State of Andhra Pradesh-first respondent here in-in G.O.Rt.No. 1189 Panchayat Raj, dated 7th June, 1995. W.P. No. 11378 of 1995 (hereinafter referred to as 'the first writ petition') is filed by the person-in-charge of Shivampet Gram Panchayat of Medak District praying this Court to declare the action of the respondents therein in seeking to hold the elections to the Gram Panchayat, Shivampet by including the voters of Gudur Village and Tribal Tandas as illegal and contrary to the said G.O. W.P. No. 11931 of 1995 (hereinafter referred to as 'the second writ petition') is filed by one of the residents of Gudur Village, Shivampet Gram Panchayat, who is a candidate for the post of Sarpanch of Shivampet Gram Panchayat, praying this Court to issue a writ of certiorari to call for the records relating to the said G.O. and to quash the same.2. As the facts giving rise to these two writ petitions and the questions involved ...
Vasant Rao and ors. Vs. Farooq-ali and ors.
Court: Andhra Pradesh
Decided on: Jun-27-1995
Reported in: 1995(3)ALT1; I(1996)DMC48
B.K. Somasekhara, J.1. The judgment and the decree of the learned District Judge, Adilabad (Mr. V.V.S. Krishna Murty) in O.S. No. 35 of 1971 dated 5.11.1982 have been the subject of assailment in this appeal. The appellants are the plaintiffs and the respondents are the defendants in the suit. The suit was dismissed.2. Defendant No. 3 is the father and Defendant No. 4 is the mother of the plaintiffs. The suit is filed for declaration of title and possession of the suit property which is described in the suit schedule as Survey No. 764 of Mudhole with an extent of Acs. 34-14 guntas of land. The plaintiffs claim their title to the suit property; while they were the minor, their mother Defendant No. 4 alienated the suit property in favour of Defendant No. 1 under the suit sale deed Ex. A.2 equivalent of Ex. B.I dated 16.10.1956 without consideration, without any legal necessity, under the pressure and influence of their father, defendant No. 3, who was very easy going and gay in his style...
S. FakruddIn and Others Etc. Vs. the Govt. of A. P. and Others Etc.
Court: Andhra Pradesh
Decided on: Jun-26-1995
Reported in: AIR1996AP37; 1995(2)ALT439
ORDERP.S. Mishra, C. J. 1. These peitions under Article 226 of the Constitution of India have travelled through a hearing for admission before a learned single Judge, before a Division Bench, before a Full Bench and the Larger Bench of ours with the speed the Court could manage to generate keeping in view the nature of the cases and the urgency for their disposal the sooner the possible. The Division Bench which heard these petitions for admission noticed the contentions of the learned counsel for the petitioner in Writ Petition No. 11106 of 1995 and that of the learned Government Pleader and also the fact that a batch of writ petitions having a common contention are pending'hearing before a Full Bench. The order dated 13-6-1995 directing the Registry of the Court to place the papers before the Chief Justice for appropriate orders as to posting reads as follows:--'Mr. M. V. Ramana Reddy, learned counsel for the petitioner, is challenging the method by which Kanekal Gram Panchayat was r...
Depot Manager, Andhra Pradesh State Road Transport Corporation, Uppal ...
Court: Andhra Pradesh
Decided on: Jun-26-1995
Reported in: 1995(2)ALT768
ORDER1. The management of the A.P.S.R.T.C. has filed this writ petition questioning the correctness of the award dated August 27, 1994 made by the Additional Industrial Tribunal-cum-Additional Labour Court, Hyderabad, the First Respondent herein, in I.D. No. 642 of 1993 directing reinstatement of the second respondent into service and further directing to entrust to the second respondent only such work which he can perform with his hands. This last direction to entrust the work to the second respondent 'only such kind of work which he can perform with his hands' came to be issued by the Industrial Court, in view of the fact that in an accident, the second respondent suffered grievous injuries and both his legs were amputated. 2. Before the Industrial Court, the petitioner Corporation did not choose to lead any evidence nor produce the domestic enquiry papers. Therefore, the learned Presiding Officer after considering the plea of the workman-second respondent coupled with the fact of no...
Priyadarshini Cement Ltd. Vs. Srinivasa Rao Jayanthi and anr.
Court: Andhra Pradesh
Decided on: Jun-26-1995
Reported in: 1995(2)ALD540; 1995(2)ALT619; 1995(2)APLJ383
ORDER1. The petitioner is the management. The first respondent has raised an Industrial Dispute No. 332 of 1992 which is pending before the Industrial Tribunal-cum-Labour Court, Visakhapatnam. In this writ petition, the management is seeking a direction restraining the Industrial Tribunal-cum-Labour Court from exercising its jurisdiction over the Industrial Dispute No. 332 of 1992 raised by the first respondent and to pass appropriates orders. 2. Sri Ramchandra Rao, the learned Counsel appearing for the petitioner-management would place two fold arguments in support of the writ petition viz., (1) that the first respondent is not a workman within the meaning of that term as defined under the Industrial Disputes Act, 1947 (for short 'the Act') and therefore the Industrial Tribunal-cum-Labour Court has no jurisdiction to entertain the dispute raised by the first respondent. (2) that the materials placed before the Court clinchingly prove the fact that the first respondent is guilty of th...
R. Saibaba Vs. Andhra Pradesh State Road Transport Corporation Hyderab ...
Court: Andhra Pradesh
Decided on: Jun-23-1995
Reported in: 1995(2)ALT772
ORDERS.R. Nayak, J. 1. The petitioner is the son of a deceased employee by name R. Govinda Swamy who was working as Fitter in the establishment of the respondent-Corporation. It is averred that R. Govinda Swamy died in harness on 2-9-1986 and at that time the petitioner was said to be a minor. The petitioner on attaining the age of majority made an application seeking employment in the services of the Corporation under a scheme framed by the Corporation authorities earmarking 30% of jobs to the children of deceased employees. It is further averred that in pursuance of the said application the petitioner was called for interview on 14-8-91 and he was interviewed also. But the petitioner did not receive any communication from the Corporation authorities as to what happened to the interview conducted by them. Therefore, the petitioner on 9-6-1994 caused a notice through lawyer. A reply was sent by the Corporation on 16-6-94 informing petitioner that after the death of his father his mothe...
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