Andhra Pradesh Court August 2008 Judgments

Govt. of A.P. Rep. by Engineer-in-chief, I and Cad, Major Irrigation a ...

Court: Andhra Pradesh

Reported in: 2009(1)ALT237; [2009(121)FLR653]

L. Narasimha Reddy, J.1. Identical questions arise for consideration in this three writ petitions. Hence, they are disposed of, through a common judgment. The persons arrayed as respondent No. 1, in each of the writ petitions, are referred to as respondents 1, 2 and 3, respectively; for the sake of convenience.2. Respondents 1 and 2 were appointed as Winch Operators, on daily wage basis, in the erstwhile A.P. State Construction Corporation Limited, (for short 'the Corporation'), and posted in the Nagarjuna Sagar Left Canal Unit, Khammam, in the years 1978 and 1977, respectively. The 3rd respondent was engaged similarly, as Pump Operator, in the same organization, in 1977. The Deputy General Manager of the Corporation terminated the services of the respondents, on 6-8-1979. The Corporation itself was wound up, at the relevant point of time.3. Alleging that their termination is contrary to the provisions of the Industrial Disputes Act, 1947 (for short 'the Act'), and that several employe...

Venkataiah G. S/O. Veera Swamy Vs. Industrial Tribunal-cum-labour Cour ...

Court: Andhra Pradesh

Reported in: (2009)IILLJ289AP

ORDERL. Narasimha Reddy, J.1. The petitioner was employed as a Driver in the Kothaeudem Depot of APSRTC. He was removed from service on June 1, 2002, on disciplinary grounds. After exhausting the departmental remedies, he approached the Labour Court, by filing I.D. No. 129/2002, in the Labour Court, Warangal. The ID was dismissed for default on September 20, 2004. The award, in turn, was published on January 3, 2005.2. The petitioner filed I.A. No. 247/2004, under Order IX Rule IX C.P.C., on December 23, 2004. The Labour Court dismissed the LA., on October 6, 2005, on the ground that it is not accompanied by an application to condone the delay. Thereafter, the petitioner filed I.D. (SR) No. 3197/2007, against the order of dismissal from service. The Labour Court passed an order dated November 26, 2007, dismissing the said unregistered I.D. This writ petition is filed, assailing the order, dated October 6, 2005, passed in I.A. No. 247/2004, as well as the one, dated November 26, 2007, d...

Valluri Sitamahalakshmi and anr. Vs. Sarchandra Environ Pvt. Ltd. and ...

Court: Andhra Pradesh

Reported in: 2008(6)ALD244; 2008(6)ALT528

Ghulam Mohammed, J.1. This writ petition has been filed challenging the order dated 21.4.2008 passed by the Special Court under A.P. Land Grabbing (Prohibition) Act at Hyderabad, (for short 'the Special Court') in I.A. No. 121 of 2008 in LGC No. 84 of 2007.2. Writ petitioners herein filed Land Grabbing Case No. 84 of 2007 against the respondents 1 to 3 herein on the file of the Special Court under Section 8(1) of the A.P. Land Grabbing (Prohibition) Act, 1982, inter alia, seeking to declare that the applicants are the owners of the petition schedule land and to evict the respondents from the land in question by declaring them as land grabbers. The Special Court took the cognizance of the case on 30.10.2007. Thereafter, the respondents herein filed LA. No. 121 of 2008 seeking to recall the order of taking cognizance of the LGC No. 84 of 2007, contending that the Special Court erred in taking cognizance of the case, without calling for the report of the Mandal Revenue Officer as stipulat...

Oriental Insurance Co. Ltd. Vs. Sk. Galib Saheb and anr.

Court: Andhra Pradesh

Reported in: 2009ACJ2076

G. Bhavani Prasad, J.1. The common order/award in M.V.O.P. Nos. 1180, 115, 116 and 135 of 2003 dated 24.7.2006 by the Motor Accidents Claims Tribunal-cum-Ninth Additional District Judge, Guntur and the order/award in M.V.O.P. No. 1181 of 2003 dated 19.12.2005 before the Motor Accidents Claims Tribunal-cum-Fifth Additional District Judge, Guntur are the subject of these appeals respectively at the instance of the insurer.2. All the claims under appeals arose out of a motor accident that occurred on 28/29.11.2002 at 2 a.m. involving a lorry No. ABK 9547 belonging to the respondent No. 1 and insured with the respondent No. 2 in the claim petitions. The driver of the lorry was claimed to have driven the lorry in a rash and negligent manner resulting in the accident and death of some and injuries to others. The deceased and the injured involved in these claim petitions were claimed to be coolies/labourers working under Shaik Uddandu, who were travelling in the subject lorry with their perso...

A.P. Transco Vs. Eden Enclave Owners Welfare Association

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

D. Appa Rao, President: Oral: 1. This is an appeal preferred by the opposite party APTRANSCO against the order of the District Forum-II, Hyderabad directing it to revise the bills and adjust the amount in the future bill besides compensation of Rs. 5,000 and costs of Rs. 1,000. 2. The case of the complainant in brief is that it is a registered flat owners association. In their premises three meters were fixed by the appellant APTRANSCO. It is having common lighting, lift and other facilities for common purpose. From November, 2003, the appellant started issuing consolidated bills for three meters clubbing the units due to which they have been facing lot of problems. Because of consolidation, the slab charges have also been increased. Despite requests, they did not respond. Therefore, they prayed that the bills be revised and issue separate bills for three meters, and refund Rs. 1,390 besides compensation and costs. 3. The appellant did not choose to contest, despite a notice is being s...

Sri Harsha Constructions, Rep. by Its Managing Partner, Sri N. Venkate ...

Court: Andhra Pradesh

Reported in: 2008(6)ALD111; 2008(5)ALT557

ORDERB. Seshasayana Reddy, J.1. This Writ Petition has been filed by M/s. Sri Harsha Constructions represented by its Managing Partner, Sri.N.Venkateswara Rao with a prayer to issue a Writ of Mandamus declaring the action of the 3rd respondent-The Chief Engineer (Const. IV), South Central Railway, Secunderabad in awarding the contract to 7th respondent-Y.Murali Krishna Rao as arbitrary, illegal and against the principles of natural justice.2. Averments made in the affidavit filed in support of the writ petition, in brief, are:The petitioner is a registered partnership firm and it has been in works contracts for the last more than 25 years. The petitioner has carried on works of Central Government and various State Governments and other instrumentalities. It has acquired specialized skill in constructing bridges, aqueducts, irrigation projects, PSC structures etc. The 2nd respondent-The Chief Administrative Officer (Const.), South Central Railway, Secunderabad called for tenders for con...

Mothyukuri Shivakumar Alias Chitti Babu Vs. Mothukuri Narayanamma and ...

Court: Andhra Pradesh

Reported in: 2008(2)ALD(Cri)369; 2008(3)ALT(Cri)235; 2008CriLJ4183

ORDERG. Yethirajulu, J.1. This is a revision case filed by the respondent in M. C. No. 11 of 2006 on the file of the Judicial Magistrate of First Class, Kothagudem.2. The respondents 1 and 2 herein filed the said maintenance case under Section 125 of the Code of Criminal Procedure claiming maintenance of Rs. 800/- to the first respondent and Rs. 300/- to the second respondent. The revision petitioner denied the marriage with the first respondent and the paternity of the child. In the counter filed by the revision petitioner in the M. C, he alleged that the first respondent herein married one, Datla Narayana Reddy of Mallampeta Village when she was 15 years old. He denied that the first respondent on coming to know that the said Narayana Reddy was already married, left him forever. The revision petitioner might have participated in annaprasana programme after 27 days of birth of the second respondent, but it was only due to courtesy, but much importance cannot be attached for his allege...

A.M. Madhava Rao and anr. Vs. T. Chatterjee, I.A.S. Secretary, R and B ...

Court: Andhra Pradesh

Reported in: 2008(6)ALD173; 2008(6)ALT234

ORDERN.V. Ramana, J.1. This contempt case, which is at the stage of S.R., is filed by the petitioners seeking to punish the respondents under Section 10 - 15 of the Contempt of Courts Act, 1971 for disobeying the order dated 23-1-2008, passed in C.C. No. 1247 of 2007 and order dated 12-10- 2004, passed in W.P. No. 15957 of 1993, by this Court.2. The Registry has taken an objection 'as to how respondent No. 4 is proper and necessary party to the contempt case, since he is not a party to the main proceedings. Otherwise leave petition may be filed'.3. The counsel for the petitioner replied to the objection taken by the Registry, inter alia stating as follows:A contempt case is maintainable against the person who violates the order of this Hon'ble Court. The Revenue Divisional Officer is a subordinate of the District Collector and for all purposes he is to be treated as a party in the writ petition, and the order passed in the writ petition is binding on him. Since deliberate attempts of f...

D.K. Narasamma and ors. Vs. G. Renuka Devi

Court: Andhra Pradesh

Reported in: 2008(6)ALD28

ORDERP.S. Narayana, J.1. This Court ordered notice before admission on 1.7.2008 and granted interim stay for a limited period.2. Sri Navin Kumar entered appearance on behalf of the respondent.3. Sri K. Mahadev and Sri Navin Kumar, the Counsel representing respective parties made a request for the final disposal of the civil revision petition.4. Sri Mahadeva, the learned Counsel representing the petitioners would maintain that in the light of the facts and circumstances the husband of the respondent who is a crucial witness and who worked as Sub-Inspector of Police at Kumool at the relevant point of time cannot be examined by the revision petitioners in view of the relationship between the said Sub-Inspector of Police with the respondent.5. However, in the light of the fact that certain crucial facts are to be established, it may be just and proper to examine him as Court witness and such a request had been made despite the fact that certain decisions had been relied upon distinguishing...

S.K. Masthan Vs. Southern Power Distribution Company of A.P. Ltd. and ...

Court: Andhra Pradesh

Reported in: 2008(6)ALD40; 2009(1)ALT160; [2008(119)FLR816]

ORDERL. Narasimha Reddy, J.1. The memo dated 2.9.2006, through which the Superintending Engineer (Operation) Southern Power Distribution Company Limited, Nellore, the 3rd respondent herein, imposed the punishment of reversion to a lower category, and treating the period of absence as dies non; is challenged in this writ petition.2. The petitioner was initially appointed as Junior Assistant. He was promoted as Senior Assistant (UDC), and thereafter, as Junior Accounts Officer, on 13.7.2004. He was placed under suspension vide memo dated 4.1.2005, by the 3rd respondent, on the basis of certain news items, alleging financial irregularities on the part of the petitioner. An Inquiry Officer was appointed on 6.1.2005, who, in turn, issued a charge-sheet. The petitioner is alleged to have committed several financial irregularities and the details thereof, were mentioned in the charge-sheet. The petitioner submitted his explanation, and the Inquiry Officer conducted departmental inquiry. The c...