Delhi Court March 2012 Judgments

New Delhi Municipal Council Vs. Parveen Chand Sharma

Court: Delhi

A.K.SIKRI, ACJ. (ORAL) CM No.2766/2012 (for condonation of delay in filing the appeal) 1. For the reasons stated, the delay in filing the appeal is condoned. Cost of Rs.15,000/- shall be paid to the respondent workman within one week. The application is disposed of. LPA 113/2012 The respondent herein was appointed as a Daily Wager by the appellant NDMC on 12.05.1987. He worked upto 05.03.1988 and whereafter he was not taken on duty. The respondent raised an industrial dispute which was referred to the Industrial Tribunal No.I, Tis Hazari Courts for adjudication with the following terms of reference: “Whether the termination of services of Sh. Parveen Chand Sharma is illegal and / or unjustified and if so, to what relief is he entitled and what directions are necessary in this respect?” Defence of the appellant was that the respondent was a Daily Wager who had worked intermittently during the aforesaid period and the total number of days he worked was 236. According to t...

Satyender Singh and Others (Lrs of Hari Singh) Vs. Gulab Singh and Oth ...

Court: Delhi

PRADEEP NANDRAJOG, J. 1. We preface our decision by extracting certain pertinent observations made by the Supreme Court in the decision reported as 2010 (2) SCC 114 Dalip Singh Vs. State of U.P. and Ors.: 1. For many centuries, Indian society cherished two basic values of life i.e., 'Satya' (truth) and 'Ahimsa' (non-violence). Mahavir, Gautam Buddha and Mahatma Gandhi guided the people to ingrain these values in their daily life. Truth constituted an integral part of justice delivery system which was in vogue in pre-independence era and the people used to feel proud to tell truth in the courts irrespective of the consequences. However, post-independence period has seen drastic changes in our value system. The materialism has over-shadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do no hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings. In last 40 years, a new creed of li...

Oriental Insurance Co. Ltd. Vs. Naresh Kumar and Others

Court: Delhi

Reported in: 2012(2)TNMAC133

G. P. MITTAL, J. (ORAL) 1. These two Appeals preferred by the Oriental Insurance Company Limited arise out of a common judgment dated 14.07.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal). 2. MAC APP.700/2010 relates to the grant of compensation of Rs.70,000/- to the first Respondent for having suffered injuries in an accident which occurred on 3.02.2005. 3. In MAC APP.701/2010 a compensation of Rs.24,63,024/- was awarded to Respondents No.1 to 5 who were the legal representatives of deceased Satbir who was working as a Head Constable in Delhi Police at the relevant time. 4. During the course of arguments, a very short submission has been made on behalf of the Appellant. 5. It is urged that second Respondent Sanjeev @ Bobby (the driver) in MAC APP.700/2010 and sixth Respondent in MAC APP.701/2010 did not possess a valid driving licence at the time of the accident. At the time of registration of the case under Section 279/338/304-A IPC, the driver was also chall...

Jeet Singh Kanwar and Another Vs. Union of India Through the Secretary ...

Court: National Green Tribunal Principal Bench New Delhi

Order dated January 18, 2010 passed by the Ministry of Environment and Forests granting Environmental Clearance to 3x350 MW Coal Based Thermal Power Plant at village Dhanras, in Khatgora Tehsil, in Korba Distt., in Chhattisgarh is assailed in this Appeal, invoking jurisdiction under Section 11 (1) of the National Environment Appellate Authority Act, 1997. 2. After promulgation of National Green Tribunal Act, 2010 the said Appeal stood transferred to this Tribunal. It appears that Notices were issued to all the Respondents and they have filed detailed Reply(s) both on facts and law. 3. In course of hearing, however, it appears that the Appeal was presented beyond the time prescribed under the Act. Being conscious about the said fact, Appellants have filed an Application for Condonation of Delay. Respondent 3 the Project Proponent has also filed an affidavit, repudiating the stand taken in the Application for Condonation of Delay. 4. According to Mr. Dutta, the Appellants are the reside...

Bharat Pratap Singh Vs. General Manager and Another

Court: Central Administrative Tribunal CAT Delhi

ORAL: MRS. MEERA CHHIBBER, MEMBER (J) 1. Applicant has challenged order dated 5.4.2010 whereby his appeal has been rejected and order dated 17.6.2009 whereby he has been dismissed from service with a direction to the respondents to reinstate him with immediate effect with payment of full backwages/salary. 2. It is submitted by the applicant that Shri Shyam Bahadur Singh, his father, was employed with the respondent as Gangman under SSE/P WAY/DLI who usually remained sick throughout his life time. He had made nomination and also an application for granting compassionate appointment to his son, i.e., the applicant. The father of the applicant, Shri Shyam Bahadur Singh, died on 9.8.2000. On the basis of his application, applicant was appointed in the Railways on compassionate grounds and he joined service in the month of May, 2001. His mother Smt. Lalti Devi was also granted family pension. 3. It is submitted by the applicant that he hails from a royal family and there were some rival opp...

Sunita Kaushik Vs. Indian Red Cross Society National Head Quarters 1 R ...

Court: Central Administrative Tribunal CAT Delhi

MRS. MEERA CHHIBBER, MEMBER (J) 1. Applicant has sought the following relief:- “Direct the respondent’s society to grant her promotion as granted to her Juniors Mrs.V. D-Souza and Mr. M.L. Rathore to the post of Section Officer from the dates of their respective promotions to the said post with all consequential benefits.” 2. It is submitted by the applicant that she was appointed as Receptionist in the scale of Rs.330-560 belonging to the post of UDC on 2.3.1979 (page 19). Similarly R-3 was also appointed as Receptionist on the same day. Both were promoted as UDC. In the seniority list of UDCs, applicant was shown at Sl.No.12 while R-3 was shown at Sl.No.16 (page 25). However, without considering the applicant, R-3 was promoted as Assistant vide order dated 14.12.2006 (page 28). Being aggrieved, applicant gave a representation which was rejected on 13.12.2006. Being further aggrieved, applicant again gave a representation on 11.6.2010 followed by reminders but since ...

Mohd. MoIn Khan Vs. New Delhi Municipal Council

Court: Central Administrative Tribunal CAT Delhi

DR. VEENA CHHOTRAY: 1. The applicant, a regularly appointed Assistant Law Officer under the NDMC since the year 1999, is seeking the benefit of regular pay scale with all consequential benefits for the period 1990 to 1999 when he had been working on ad hoc basis. The OA seeks the following relief:- “a)direct the respondent to grant the pay scale of Rs.1640-60-2600-EB-75-2999 to the applicant for the period 17.12.1990 to 31.12.1995 and the pay scale of Rs.6500-10,50 for the period 1.1.1996 to 9.2.1999 and the consequential benefits thereof;” 2. The applicant will be represented by the learned counsel Shri Chandra Shekhar, and the respondents by the learned senior counsel, Ms. Jyoti Singh with the learned counsel Ms. Harvinder Oberoi. 3. Briefly stated the facts are that the applicant had been appointed as an Attorney Assistant on ad hoc basis on 31.1.1986. This was initially for a period of six months, and in the Law Department of the NDMC. The engagement had been done on a ...

Mrs. Manorama Bhatnagar and Others Vs. Govt. of Nct Delhi and Others

Court: Central Administrative Tribunal CAT Delhi

DR. A.K. MISHRA, MEMBER (A) 1. The applicants held the substantive post of Vice-Principal of different schools of the respondent government and worked as Heads of the Office/Heads of the School at different times till their retirement. They have filed this application claiming the pay scale attached to the post of Principal on the strength of the order of this Tribunal dated 06.11.2009 in OA-1166/2009 in the case of S.C. Gupta and Ors. Vs. Govt. of NCT of Delhi which was allowed in favour of similar claims by the applicants therein. The respondent government challenged the order of this Tribunal before the Hon’ble High Court of Delhi, which, however, upheld the decision of the Tribunal in its order dated 06.09.2010 in Writ Petition (C) No. 724/2010. The respondent government contested this order by filing SLP No. 35338/2010 which was dismissed by the Apex Court on 05.01.2011. 2. The applicants are claiming themselves to be similarly circumstanced employees who had discharged the ...

Jai NaraIn Vs. Union of India Through Secretary, Ministry of Finance, ...

Court: Central Administrative Tribunal CAT Delhi

ORAL: DR. A.K. MISHRA, MEMBER (A) 1. This O.A. has been filed challenging the order dated 26.10.2007 (Annexure-A) by which the pay of the applicant was fixed at Rs.5000/- as on 01.01.1996 and also at Rs. 5150/- after grant of one increment which had fallen due on 01.01.1996. 2. The applicant was working as Head clerk (Assistant) as on 01.01.1996 in the pay scale of Rs.1600-2660/- and pursuant to the implementation of the Fifth Central Pay Commission recommendations, it was revised to the pay scale of Rs.5000-150-8000. The respondents vide their order dated 26.04.2006 (Annexure-F) had fixed it at Rs.5150/- and after grant of one regular increment raised it to Rs. 5300/- from 01.01.1996. It is the case of the applicant that the impugned re-fixation of the pay has been made without specifically putting him on notice and without giving reasons why the downward fixation was made on 26.10.2007 when the same office had fixed the pay at Rs.5300/- in their order dated 26.04.2006. 3. The applica...

M/S Kshemankri Sugar Candy and Another Vs. Cce, Jaipur

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Per: Justice Ajit Bharihoke, J. 1. With the consent of parties the condition of pre-deposit is waived and appeals are heard. 2. The appellants are engaged in the business of conversion of duty paid sugar into mishri, batasha, makhana and similar items.  The process of such conversion involves eating of sugar, removal of the sludge in it and then remoulding it into different shapes and forms.  As per the appellants, such conversion process which result into sugar of different form does not amount to manufacture and there is no case of fresh levy on the product.  On the contrary, ld. AR submits that the process amounts to manufacture and the converted products are distinct from sugar and have distinct name and character.  It is further contended by ld. AR that mishri, batasha etc. are sold in the market for different purposes and no one who is interested in buying  batasha as substitute for sugar. 3. As regards classification of such products, the case of the app...