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Andhra Pradesh Court August 2012 Judgments

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Aug 31 2012

A.P. Transco, Rep. by Its Joint Managing Vs. Y. Appa Rao, S/O. Ramaiah ...

Court: Andhra Pradesh

Decided on: Aug-31-2012

THE HON'BLE Ms. JUSTICE G. ROHINI AND THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT APPEAL No.416 OF 201.31.08.2012 A.P. Transco, rep. by its Joint Managing Director (HRD & Distribution), Vidyut Soudha, Hyderabad. Y. Appa Rao, S/o. Ramaiah, aged 49 years, Occ. Asst. Divisional Engineer, AP Transco, Srikakulam. ... Respondent Counsel for the petitioner: Sri P. Laxma Reddy Counsel for respondent: Sri A.M. Rao (GIST: (HEAD NOTE: Cases cited:1. (1997) 3 SCC 37.2 (2006) 8 SCC 6.JUDGMENT: (Per G.Rohini, J) This appeal is preferred against the order dated 27.09.2011 passed by the learned Single Judge in W.P.No.8300 of 2005. The respondent therein i.e., A.P. Transmission Corporation (for short, AP Transco) is the appellant before us. The writ petitioner/sole respondent herein who was working as an Assistant Engineer in AP Transco was charge-sheeted vide memo dated 23.12.1996 issued by the Superintending Engineer, Enquiry Cell, Hyderabad for the irregularities alleged to have been committed ...


Aug 31 2012

V. Jyothi Vs. .1. M/S. Pioneer Builders,road No.2, Ban

Court: Andhra Pradesh

Decided on: Aug-31-2012

HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR MACMA NO. 614 o31. 8-2012 V. Jyothi .1. M/s. Pioneer Builders,Road No.2, Banjara Hills, Hyderabad and another. Counsel for the appellant: Sri R.V.Chalapathi Counsel for respondent No.2: Sri P. Harinatha Guptha JUDGMENT: The unsuccessful claimant preferred the present appeal aggrieved by the order dt. 9-2-2005 passed in MVOP No.262/2001 on the file of Motor Accidents Claims Tribunal-cum-I Additional District Judge, Chittoor.2. The facts which led to filing of the appeal are as follows: The appellant is the owner of the tractor and trailer bearing registration Numbers AP 2.V 030.and AP 2.V 030.respectively. The driver of the said tractor was one Guntappa. He was having driving licence No.5081. While the said driver was driving the tractor slowly from Tirupati to Anjaneyapuram and when the tractor reached Karakambadi, he noticed lorry bearing registration No. AP 0.1835 of the first respondent coming in high speed in a zig zag manner. On seeing the sa...


Aug 31 2012

Kantrapally Durgaiah S/O.Lasmaiah Vs. 1.P.Suryanarayana Raju S/O.Rama ...

Court: Andhra Pradesh

Decided on: Aug-31-2012

HON'BLE SRI JUSTICE B.N. RAO NALLA C.M.A.No.2642 OF 200.31.08.2012 Kantrapally Durgaiah s/o.Lasmaiah 1.P.Suryanarayana Raju s/o.Rama Raju 2.The Division Manager, National Insurance Co. Ltd.,Polimerla Road, P.B.No.18, Chirala. Counsel for the petitioner: Sri K.M.Mahender Reddy Counsel for Respondent No.1: Sri V.Hari Haran ^Counsel for Respondent No.2: Sri M.Jeevan Reddy GIST : HEAD NOTE: ?Cases referred : nil JUDGMENT: This is a claimant's appeal, which is filed to the extent of disallowed claim in W.C. No.75 of 1999 on the file of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Nizamabad. 2. The claim petition seeking compensation of Rs.3, 00,000/- with interest was filed by the appellant/claimant, who was working as a labourer on the lorry bearing not ADG 153.belonging to opposite party No.1 and insured with opposite party No.2. The appellant claimed that an accident occurred on 19.10.1997, while he was travelling in the said lorry during the course o...


Aug 31 2012

Angati Tatayya S/O.Appanna Vs. Vakada Sanyasirao S/O.China Appanna

Court: Andhra Pradesh

Decided on: Aug-31-2012

HON'BLE SRI JUSTICE B.N. RAO NALLA C.R.P.No.449 OF 201.31.08.2012 Angati Tatayya s/o.Appanna Vakada Sanyasirao s/o.China Appanna Counsel for the Appellant: Sri M.Radha Krishna Counsel for Respondent: --- GIST : HEAD NOTE: ?Cases referred :1. AIR 199.AP 16.2 AIR 200.SC 66.3 (2008) 4 SCC 59.ORDER: This revision is filed against the order dated 12.11.2009 in I.A. No.174 of 2009 in O.S. No.327 of 2001 on the file of the II Additional Junior Civil Judge - cum- Additional Metropolitan Magistrate, Anakapalli. 2. The revision petitioner is the plaintiff and the respondent is the defendant in the suit in O.S. No.327 of 2001. The suit is filed for permanent injunction restraining the respondent and his men from interfering with his peaceful possession and enjoyment over the plaint schedule property. The revision petitioner filed I.A. No.174 of 2009 under Order 6 Rule 17 of Civil Procedure Code for amendment of names of neighbours of southern and western boundaries of the suit schedule property, ...


Aug 30 2012

Saligrama Tirunarayanacharyulu and Others Vs. the Executive Officer, T ...

Court: Andhra Pradesh

Decided on: Aug-30-2012

Sri Pattabhi Ramaswamy Temple at Vayalapad, Chittoor District (for short, ‘the Temple’), was brought under the purview of Tirumala Tirupathi Devastanam (for short, ‘the Devasthanam’) through the orders issued by the Government in G.O.Ms.No.704, Revenue (Endts-III), dated 22.08.1996. The petitioners herein were working as employees of the Temple by the time it was brought under the purview of the Devasthanam. As regards emoluments to be paid to them, there was some uncertainty, and repeated representations were being made. The grievance of the petitioners is that though more than 15 years have elapsed from the date of take over, the respondents did not fix their pay scales and that they are not being paid salaries in terms of G.O.Ms.No.855, dated 08.10.1997. They submit that when a similar situation prevailed in respect of other Temples which were taken over, the employees of such Temples filed W.P.No.5484 of 1990 before this Court and through an order, dated 27....


Aug 30 2012

R. Srinivasa Reddy Vs. the Honand#8217;ble Labour Court-ii, Hyderabad ...

Court: Andhra Pradesh

Decided on: Aug-30-2012

This Writ Petition is filed for a Certiorari to quash award dated 21.05.2001 in I.D.No.14 of 1998 on the file of the Labour Court-II, Hyderabad, respondent No.1 herein. The petitioner was an employee of respondent No.2. In the year 1978, he was appointed as Operator. He was served with a charge sheet dated 06.02.1996 wherein he was charged as under: “It has been reported against you that on 6th February, 1996 in ‘A’ shift around 06-45 a.m. you have not followed the orders of your superior, used foul language, physically manhandled and assaulted your superior Mr. K. Satyanarayana, Supervisor. The above alleged acts of yours, if proved, would constitute under the certified standing orders of the Company applicable to you which are reproduced hereunder, and warranting severe disciplinary action to be taken against you.” After following the procedure, respondent No.2 has dismissed the petitioner from service by order dated 09.08.1996. The petitioner has questioned t...


Aug 30 2012

The Managing Director, Mushirabad, Apsrtc and Another Vs. J. Pullaiah ...

Court: Andhra Pradesh

Decided on: Aug-30-2012

The officers of the Andhra Pradesh State Road Transport Corporation (APSRTC) assail the correctness of the Award dated 11.07.2001 passed by the Industrial Tribunal-I, Hyderabad, in Miscellaneous Petition No.14 of 2000 in I.D.No.12 of 1998. By order dated 27.11.2001, this Court granted interim suspension of the said Award subject to the condition that the APSRTC comply with Section 17-B of the Industrial Disputes Act, 1947 (for brevity, ‘the Act of 1947’) from the date of enforceability of the Award. The said order was made absolute on 24.01.2003. It is however stated by the learned counsel appearing for the parties that the first respondent-Conductor was in fact reinstated in service and therefore, the question of payment of Section 17-B wages did not arise. Miscellaneous Petition No.14 of 2000 was filed by the first respondent herein under Section 33-A of the Act of 1947 alleging that during the pendency of certain disputes which were referred to the Tribunal in I.D.No.12 ...


Aug 30 2012

Smt. Srugavarapu Rajyalakshmi Vs. Employees Provident Fund Organisatio ...

Court: Andhra Pradesh

Decided on: Aug-30-2012

This Writ Petition is filed for a Mandamus to declare the action of respondent No.1 in rejecting the petitioner’s claim for family pension benefits of her deceased husband Sri S. Brahmam, as illegal and in violation of the provisions of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 and the Scheme framed thereunder. The husband of the petitioner was an employee of respondent No.2 and he has become a member of the Employees’ Provident Fund with effect from 23.10.1970. Respondent No.1 has introduced the Employees’ Family Pension Scheme, 1971 (for short “the 1971 Scheme”) which came into force with effect from 01.03.1971. On 24.07.1994, the husband of the petitioner died while in service. The petitioner made a claim before respondent No.1 for payment of family pension under the 1971 Scheme. Through letter dated 10.10.2000, respondent No.1 has informed the petitioner that she is not entitled to receive the monthly family pension, as...


Aug 30 2012

A. Mohan Reddy Vs. the Apsrtc Bus Depot, Nizamabad District, Rep. by I ...

Court: Andhra Pradesh

Decided on: Aug-30-2012

This Writ Petition is filed for a Certiorari to quash award, dated 03-02-2001, in ID No.54 of 1998, on the file of the Labour Court- II, Hyderabad. The petitioner is a driver of the respondent- Andhra Pradesh State Road Transport Corporation (for short ‘the Corporation’) and was working at Nizamabad Depot at the relevant point of time. He stopped attending to duty from 09-11-1995. By Office Order, dated 07-11-1995, the petitioner was transferred from Nizamabad Depot to Bheemgal Depot. The Depot Manager of Nizamabad Depot addressed letter, dated 09-11-1995, to the Depot Manager, Bheemgal Depot, informing that the petitioner was relieved on the afternoon of 09-11-1995 and that his muster was marked upto 07-11-1995. The petitioner’s personal records were also sent to the Bheemgal Depot. A chargesheet was issued against the petitioner on 07-03-1996 with the following charges: “1.For having failed to attend the APSRTC Hospital, Tarnaka, for review as advised vide Lr....


Aug 30 2012

Sri Lalitha Cotton Ginning Company, Rep. by Its Proprietor Boggarapu S ...

Court: Andhra Pradesh

Decided on: Aug-30-2012

This writ petition is filed by the petitioner praying to issue a Writ of Mandamus declaring the action of the 4th respondent in issuing the impugned proceedings in L.R.No.AAO/ERO/NDL/JAO/II/NS-II/D.No. 551/2003, dated 31.03.2003 along with consumption bill dated 1.4.2003 for the petitioner’s service connection bearing No.ISC.No.3052 of D.No.30-477 and 30-479, Vivekananda Street, Nandyal R.S., by including and clubbing the service connection charges of ISC.No.18298 of Aishwarya Cotton Mills, situated in D.No.30-478, Vivekananda Street, Nandyal R.S., even though the petitioner is in no way concerned and connected with the other service connection as illegal, arbitrary, violative of APSEB Terms and Conditions of Supply and violative of Articles 14, 19, 21 and 300A of Constitution of India and consequently to set aside the same with a direction to the respondents to issue fresh consumption charges bill for petitioner’s service connection only, by deleting the charges included f...


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