Delhi Court April 2006 Judgments

Smt. Promlesh Bhatnagar Vs. Employees State Insurance Corporation and ...

Court: Delhi

Reported in: 129(2006)DLT827; 2006(89)DRJ578; 2007(1)SLJ539(Delhi)

Gita Mittal, J1. By way of this writ petition, the petitioner is seeking the following prayers:(a) Pass a Writ Order or Direction in the nature of Certiorari quashing the letter dated 17.9.2003 issued by the respondents rejecting the claim of the Petitioner for medical reimbursement as being arbitrary and illegal and being in violation of the Petitioner's rights under Article 14 and 21 of the Constitution of India.(b) Pass a Writ Order or Direction in the nature of Declaration that the Petitioner is entitled to medical reimbursement for the expenses incurrent for the treatment of her husband at the Sir Ganga Ram Hospital, New Delhi for the entire period that the said beneficiary underwent treatment up to his death, i.e. 17.09.2002 to 11.10.2002;(c) Pass a Writ order or Direction in the nature of Mandamus commanding the respondents to reimburse to the Petitioner an amount of Rs. 2,51,077 (Rupees Two Lakhs Fifty One Thousand and Seventy Seven Only) with interest at the rate of 12% per an...

Hindaloo Indutsties Ltd. Vs. Suman Lata Tuteja and ors.

Court: Delhi

Reported in: 129(2006)DLT649; [2006(110)FLR484]; (2006)IIILLJ856Del; 2007(1)SLJ420(Delhi)

Gita Mittal, J1. The respondent/workman by this application has sought enhancement of the wages which have been directed to paid to her under Section 17-B of the Industrial Disputes Act. It has been submitted by the respondent that by the order dated 30th July, 2001 which was passed on her application under Section 17-B of the Industrial Disputes Act, this Court had placed reliance on the pronouncement of the Supreme Court reported at : (1999)2SCC106 Dena Bank v. Kirtikumar to hold that the workman was entitled to wages last drawn which was Rs. 1525/- per month from the date of the award until further orders. There is no dispute that the workman has been paid wages in compliance of the orders passed and that she is receiving month by month wages on the same basis.2. It has been contended that since the passing of the order, several pronouncements of the Apex Court and of this Court have held that the interim wages to which a workman would be entitled would be at the rate of minimum wag...

Prosenjit Kundu Vs. the Presiding Officer, General Security Force Cour ...

Court: Delhi

Reported in: 2006(88)DRJ856

Reva Khetrapal, J.1. The petitioner in this writ petition has, inter alia, prayed for issuance of an appropriate writ, order or direction for quashing the proceedings of the General Security Force Court, Baramula (Annexure P.2 and P.3), and the confirmation order dated 27th February, 2002 passed by the Inspector General, BSF, Baramula Frontier (Annexure P.4), and the order of the Director General, BSF rejecting the statutory petition filed by the petitioner under Section 117(2) of the Border Security Force Act, and a writ, order or direction in the nature of mandamus to reinstate the petitioner with all consequential benefits for the intervening period. 2. The petitioner on or about 16.10.2000 was serving as a constable in the 70th battalion under the Border Security Force at Tangdhar in Jammu & Kashmir when after an altercation concerning the working condition of a radio handset he is alleged to have committed the offence of inflicting fatal injury with a wooden danda on the forehead ...

Netaji Subhash Institute of Technology Vs. Shri Dilkhush Bairwa and an ...

Court: Delhi

Reported in: 129(2006)DLT806; 2006(90)DRJ203; [2006(110)FLR719]; 2007(1)SLJ531(Delhi)

Gita Mittal, J.1. The Netaji Subhash Institute of Technology, referred to as ' the petitioner' in this judgment and Shri Dilkhush Bairwa, referred to as ' the respondent' herein, have filed writ petition (Civil) Nos. 2252/2003 and 2351/2005 respectively assailing the industrial award dated 6th February, 2002. As these petitions raise identical questions of law and fact, they are being taken up together for disposal. There is no material dispute to the facts which give rise to the petition and to the extent necessary, the same are noted hereafter. 2. The respondent-workman was admittedly appointed as a mason by a letter of appointment dated 25th February, 1991. In the letter of appointment, the workman was notified that he was appointed to this post in the pay scale of Rs. 975-25-1150-EB-30-1540 with a starting salary of Rs. 975/- along with allowances as were admissible under the applicable rules. The letter of appointment contained Clause 1 wherein it was stated that post was temporar...

The Management of G.G. Fashion and ors. Vs. Smt. Jayanti Negi

Court: Delhi

Reported in: 130(2006)DLT49; 2006(90)DRJ370; [2006(111)FLR103]; (2006)IIILLJ662Del

Gita Mittal, J.1. By way of this application, the respondent/workman is seeking grant of interim wages. The respondent/workman has alleged illegal termination of her services on the 8th May, 1996 which she challenged by way of an industrial dispute. After a detailed adjudication, the industrial adjudicator passed an Award dated 30th July, 2002 holding that the services of the respondent/workman had been terminated illegally and that she was entitled to reinstatement with continuity of service and full back wages. Aggrieved by this award, the same was assailed by the management by way of the present writ petition. An order dated 7th March, 2003 was passed on the application of the management seeking interim relief whereby subject to deposit of Rs. 50,000/- in this court, the operation of the impugned award was stayed. The respondent/workman served an advance copy of the application under Section 17-B of the Industrial Disputes Act on the very next date upon the other side. This applicat...

Sudhir Dubey and anr. Vs. Rashmi Hans

Court: Delhi

Reported in: 2006(89)DRJ127

Madan B. Lokur, J.1. This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996.2. The parties had entered into an agreement on 11th January, 1999 to appoint an Arbitrator in the event some disputes arise between the parties.3. Dispute arose between the parties with the result that the Petitioner approached this Court by filing OMP No. 321/2003 under Section 9 of the Arbitration and Conciliation Act, 1996. The interim measure sought for by the Petitioner was to the effect that the Defendant be restrained from creating any third party interest in the Second floor alongwith terrace of the residential property No. B-152, Second Floor, East of Kailash, New Delhi.4. The Petitioner has made a reference to the Arbitration agreement dated 11th January, 1999 in that OMP also.5. After notice in that OMP, the respondent denied her signatures on the arbitration agreement. Her denial was recorded in Court on 23rd April, 2004 in OMP No. 321/2003 the issue then arose whet...

Amit Engineering and H.S. Sons Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2006)(109)ECC665

1. This matter has been referred to larger bench as there is difference of opinion between two Single Members decision as regards the availment of deemed Modvat credit as per provisions of notification No. 58/97 - CE dated 30th August 1997.3. In order to appreciate the dispute it is necessary to refer to the provisions of notification No. 58/97-CE which are as under: In exercise of the powers conferred by Sub-rule (6) of Rule 57A of the Central Excise Rules, 1944, the Central Government hereby declares the following inputs and the final products falling within the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) namely: 2. The Central Government further declares that the duty of excise under the Central Excise Act, 1944 (1 of 1944) (hereinafter referred to as said Act), shall be deemed to have been paid (hereinafter referred to as said Act), shall be deemed to have been paid (hereinafter referred to as deemed duty), on the inputs declared herein and the same shall be equiva...

Bharti Hexacom Ltd. Vs. Commissioner of C. Ex. (Appeals I)

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

1. Heard both the sides. The learned authorised representative for the applicant has contended that while giving SIM card to the subscribers, the applicant is charging the price of the SIM card separately and is paying sales tax thereon, and that SIM card should be considered as goods and therefore, no service tax would be payable on the value of the SIM card. He submitted that Hon'ble Supreme Court in Bharat Sanchar Nigam Ltd. and Ors. v. Union of India reported in 2006 (2) S.T.R. 161 (S.C.) : 2006 TIOL 15 SC CT LB, has that so far as the SIM cards are concerned left the issue for determination of the assessing authorities.2. The authorities below have relied upon the Circular of the Board issued on 13-10-97 clarifying that SIM card was essentially an activation service necessary for operating the cellular phone and the amount received by the cellular telephone company from subscriber towards SIM cards will form part of the taxable value for levy of Service tax. The Hon'ble Supreme C...

Libra Bus Service P. Ltd. Vs. D.T.C.

Court: Delhi

Reported in: 2006(2)ARBLR226(Delhi); 129(2006)DLT516; 2006(89)DRJ243

Vikramajit Sen, J.1. The dispute that has arisen in this case is the cancellation of the Petitioners' contract for plying of buses on two inter-State Routes. It is the contention of learned Counsel for the Petitioners that a Contract for a fixed period of five years, from 20.1.2005 till 19.1.2010, had been entered into between the parties. Learned counsel contends that the Contract could be terminated only if the Respondent Corporation (DTC) was not satisfied with the performance of the Petitioner, or if Petitioner had violated the Terms and Conditions of the Agreement. The Agreement also contains an Arbitration Clause, which has not been taken recourse to.2. Learned counsel for the Petitioners further submits that the Petitioners are willing to pay to the DTC a Flat Rate of Rs. 25,000/- per month per bus in advance, and all expenses will be borne by the Petitioners.3. Learned counsel for the Respondent submits that the Contract was not for a fixed term of five years and was inherently...

K. Chandrika Vs. Indian Red Cross Society and anr.

Court: Delhi

Reported in: 131(2006)DLT585; 2007(3)SLJ479(Delhi)

Gita Mittal, J. 1. The petitioner in this case was appointed by the Indian Red Cross as a lower division clerk by an order dated 19th November, 1979 in the pay scale of Rs.260-6-290-EB-6-326-8-366-EB-8-390-10-400. Her letter of appointment contained the following stipulation:The post is temporary at present but is likely to continue. Her services are thereforee terminable without notice and without assigning any reason.2. On 28th April, 1980 the petitioner applied for maternity leave. In the application, at Seriall no. 11 she gave as her address during the leave period:3/90, Ramesh Nagar,New Delhi. This leave application of the petitioner, which was in the proper format, was also exhibited before the industrial adjudicator as Exhibit WW1/1.3. The petitioner has contended that her leave was duly sanctioned and she proceeded thereon. The duration of the leave was three months. While on leave, the petitioner was surprised to receive a communication dated 7th July, 1980 from the respondent...