Andhra Pradesh Court September 1995 Judgments
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Divisional Manager, Life Insurance Corporation of India Vs. Rajan S.S. ...
Court: Andhra Pradesh
Decided on: Sep-27-1995
Reported in: 1995(3)ALT564
Y. Bhaskara Rao, J. 1. Both the appeals are preferred assailing the judgment of the learned single judge in W.P. No. 14273 of 1990 to the extent they are against the appellants. The parties are referred to as arrayed in the writ petition for the sake of convenience. 2. The writ petitioner entered into the service of the Life Insurance Corporation of India in the year 1967 as assistant. On January 2, 1976 he was served with a charge-sheet since he was unauthorisedly absent from duties for the period from October 2, 1974 for which the petitioner submitted his explanation on January 16, 1975. An Enquiry Officer was appointed who after conducting enquiry submitted a report observing that the petitioner misconducted himself by his unauthorised absence and accordingly an order of removal was passed on July 30, 1995. Aggrieved by the same, the petitioner agitated before the Department by filing several representations till 1986 when he approached this Court by way of a writ petition in W.P. N...
Ch. Papanna Vs. the Personnel Manager, State Bank of India and ors.
Court: Andhra Pradesh
Decided on: Sep-27-1995
Reported in: 1995(2)ALT358
Y. Bhaskara Rao, J.1. This writ petition is filed to declare the action of the respondents in disqualifying the petitioner for recruitment to the post of Messenger on the ground of possessing higher educational qualification as discriminatory and violative of Articles 14 and 16 of the Constitution and also to direct the respondents to appoint the petitioner as a Messenger in the respondent-bank.2. The case of the petitioner is that he passed Secondary School Certificate examination in the year 1974. He was originally appointed as a temporary Messenger in the State bank of India, Kurnool branch in April, 1977. He worked for 331 days at various branches of the respondent-bank as a temporary Messenger between April, 1977 and July, 1981. When the respondent-bank decided to absorb the services of temporary Class-IV employees in the year 1986, the petitioner applied for absorption. The criteria laid down for the absorption was that temporary class-IV employee must work for more than 270 days...
B. Rama Krishna Reddy Vs. S.B.S.Y.M. Degree College Rep. by Its Corres ...
Court: Andhra Pradesh
Decided on: Sep-27-1995
Reported in: 1995(3)ALT353
ORDERS.R. Nayak, J.1. In Writ Petition No. 20222 /1994 the petitioner is one B. Ramakrishna Reddy, Lecturer in Economics in the first respondent S.B.S.Y.M. Degree College, Mydukur in Cuddapah district. In this writ petition, he seeks for a declaration that the inaction of the Management of the first respondent College in not implementing the orders of the Regional Joint Director of Higher Education (2nd respondent) and that of the Commissioner of Collegiate Education (3rd respondent) datedll-2-1994 and 8-4-1994 respectively as illegal improper, arbitrary and opposed to principles of natural justice and a consequential direction to the first respondent-Management of the College to reinstate him into service with effect from24-7-1991 the date on which he was earlier removed by the Management with all consequential benefits attached to the post of Lecturer in Economics. Writ Petition No. 847 of 1995 filed by Sri Bala Siva Yogendra Maharaj is directed against the proceedings dated 8-4-1994...
New India Assurance Co. Ltd. Vs. Sammayya M. Shankar (Workman) and anr ...
Court: Andhra Pradesh
Decided on: Sep-26-1995
Reported in: 1997ACJ185; 1995(3)ALD809; 1995(3)ALT470; [1997(75)FLR498]
ORDERS.R. Nayak, J.1. In this appeal filed by the Insurance Company against the order, dated 22-5-1992 in W. C. No. 28 of 1991 on the file of Commissioner for Workmen's Compensation and Asst. Commissioner of Labour, Sangareddy (hereafter shortly referred to as 'the Commissioner'), awarding total compensation of Rs. 92,085-00 in favour of the first respondent-workman, in respect of an employment injury caused to him under the provisions of the Workmen's Compensation Act, 1927 (sic. 1923) (for short 'the Act'), a short but an important question of Law arises for consideration, the question being that whether it is a 'must' for the Commissioner to insist upon the production of assessment of the loss of earning capacity by a qualified medical practitioner before he proceeds to compute the compensation payable to an inured-workman under the Act in the case of an injury, not specified in Schedule-I of the Act. This question arises for consideration in the back-drop of the following facts :- ...
Sri Balaji Trading Company, a Firm Rep. by Its Managing Partner Kollur ...
Court: Andhra Pradesh
Decided on: Sep-26-1995
Reported in: 1996(3)ALT16
Neelam Sanjiva Reddy, J.1. This is the defendants' appeal against the judgment and decree passed by the learned Subordinate Judge, Gudivada, on 31-3-1982 in O.S.No.17 of 1976 filed for recovery of Rs. 25,915/- from the defendants towards the value of 177 bags of Chemical fertilizer supplied to them.2. Facts culminating in this appeal and necessary for its disposal briefly stated are that the plaintiff, a firm by name, Edupuganti Lingayya and Company, Gudivada, represented by its Managing Partner Edupuganti Lingayya, was doing business in chemical fertilizers etc. The first defendant, a firm by name, Sri Balaji Trading Company, Pedana, represented by its Managing Partner, Kolluri Radhakrishna Murthy - the second defendant, was doing business in chemical fertilizers. Defendants 2 to 4 and Kuralla Madhava Rao were partners of the first defendant-firm. Consequent on the death of Kuralla Madhava Rao, his heirs were impleded as defendants 5 to 8. On 10-1-1976, the second defendant on behalf ...
Sujana Constructions, Rep. by Its Managing Partner, R. Ram Mohan Rao V ...
Court: Andhra Pradesh
Decided on: Sep-26-1995
Reported in: 1996(1)ALT734
Lingaraja Rath, J. 1. The only question raised in the appeal is whether the appellant had complied with Clause-18 of the Tender Notice issued on 15-6-1994 by the Superintending Engineer of Panchayat Raj, Warangal and whether the contract entered into between him and the respondents 2 and 3 for execution of three road works, viz., (1) RRM 93-94 to 1995-96 - Paleru to Subledu viz., Chowtapalli, Bachodu road B.T., K.M. O/O to 21/O Kusumanchi and Tirumalayapalem Mandal of Khammam District; (2) RRM Tanikella to Tatipudi Via., Gopali B.T.K.M. O/O to 9/O Koncherla Mandal, Khammam District and (3), RRM Pallegudem to Mangaligudem District boundary road BT, Khammam District, Khammam, was valid. 2. The Writ Petitioner, 1st respondent in the appeal, came to the court with the facts that the tender notice had stipulated the tender to be accompanied by an agreement with the hot mix plant owner assuring supply to the spot, from a distance capable, of transporting the material within one hour from the...
Executive Committee, Sbh and anr. Vs. D. Dhaneswara Rao
Court: Andhra Pradesh
Decided on: Sep-25-1995
Reported in: (1996)IILLJ272AP
Bhaskar Rao, J. 1. The Executive Committee of the State Bank of Hyderabad, Head Office at Gunfoundry, Hyderabad and its Managing Director have filed this Writ Appeal assailing the order of the learned single Judge of this Court dated July 19, 1989 allowing the Writ Petition and quashing the order of the appellant authority dated March 20, 1987 confirming the order of removal of the respondent herein passed by the disciplinary authority on March 31, 1986.2. The facts of the case are that the respondent was working as Branch Manager, State Bank of Hyderabad, Nallkunta Branch, Hyderabad and he was incharge of distribution of loans to weaker sections under the 20 point programme. The allegation against the respondent was that while granting loans to weaker sections he demanded 20% of the loan amount sanctioned towards illegal gratification. As a result of which, a charge memo was issued levelling three charges against the respondent. Thereupon, the respondent filed his explanation. As far ...
Mishra Dhatu Nigam Limited, Rep. by Its Managing Director Vs. Industri ...
Court: Andhra Pradesh
Decided on: Sep-25-1995
Reported in: 1995(3)ALT899; (1999)IIILLJ1189AP
Lingaraja Rath, J.1. The question that falls for decision in these appeals and the Writ Petition is whether a newly set up establishment for production of goods is liable to pay bonus to its workmen, even though it has not started selling its manufactured goods and its infancy period of five years from the setting up is not over but has otherwise earned some income in a different venture during that period, for the sixth and successive accounting years commencing from the year when the income was made.2. A narration of the facts is necessary to go into the question of law raised.3. Writ Appeal No. 247 of 1989 and Writ Petition No. 7897 of 1994 have been preferred by Mishra Dhatu Nigam Limited, commonly referred as Midhani. The company is a Defence establishment set up for manufacturing of Missiles and special type alloys for which there is collaboration agreement, so far as Technical know how is concerned, with a French Company Creusot-Loire. Though Midhani was set up in 1977-78 yet pr...
Teluguntla Venkateswara Rao Vs. Teluguntla Sundara Satyanarayana and o ...
Court: Andhra Pradesh
Decided on: Sep-25-1995
Reported in: 1996(3)ALT322
S.V. Maruthi, J.1. The plaintiff is the appellant. The suit is filed for a declaration that the decree obtained by the second defendant namely T. Yasodaratnam against the first defendant namely T. Sundara Satyanarayana in O.S.No. 108/71 on the file of II Addl. Sub-Court, Vijayawada and the consequent execution proceedings in E.P.N0. 21/72 are collusive, sham, nominal, fradulent, illegal, void and not binding on the plaintiff and for a permanent injunction restraining the third defendant namely V. Rama Tulasamma from proceeding with execution proceedings in E.P.N0. 74/74 in O.S.No. 1319/73 on the file of the District Munsif's Court, Vijayawada and for costs of the suit.2. The averments in the plaint are as follows: The second defendant is the wife of the first defendant The first defendant borrowed a sum of Rs. 2,500/-on 4-4-1966; Rs. 27,500/- on 5-4-1966 and Rs. 1,550/- on 5-8-1968 from the plaintiff and executed pronotes agreeing to pay interest at the rate of Rs. 12%, 15% and 12% res...
The Special Deputy Collector, L.A. Vs. K. Laxma Reddy and ors.
Court: Andhra Pradesh
Decided on: Sep-25-1995
Reported in: 1995(3)ALT262
ORDERMotilal B. Naik, J.1. This is an application filed under Section 151 CPC seeking to condone the delay of 2108 days in re-presenting the above appeal.2. Petitioner in this C.M.P. No. 11954 of 1995 is the Special Deputy Collector, L.A., Unit-V, S.R.S.P., Karimnagar. The Land Acquisition Officer initiated land acquisition proceedings for the purpose of excavating the Sriramsagar Project canal by issuing 4(1) Notification under Land Acquisition Act on 8-8-1985. The land owners though claimed that the lands are fertile, they were raising commercial crops like Maiza, Chillies, green-gram and ground-nuts and were getting Rs. 2,000/- net income per acre and they claimed the value could be between Rs. 15,000/- to Rs. 20,000/- per acre, however, the Land Acquisition Officer determined the compensation at Rs. 4,500/- per acre.3. As against the award passed by the Land Acquisition Officer, the land owners sought reference under Section 18 of the Land Acquisition Act before the appropriate Civ...
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