Delhi Court April 2012 Judgments
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Gail India Ltd. Vs. Tarkeshwar Prasad Kharawar
Court: Delhi
Decided on: Apr-11-2012
ORDER P.K. BHASIN,J 1. This application has been filed by the respondent-workman under Section 17-B of the Industrial Disputes Act, 1947(‘the Act’ in short) for payment of wages to him during the pendency of this writ petition filed by his employer challenging the award dated 22.11.2005 of the labour Court directing his reinstatement in service without back wages after holding his dismissal from service to be not justified. 2. The respondent-workman claims to be employed and he has filed his affidavit to that effect. 3. The petitioner-management has in its reply to this application opposed the same mainly on two grounds and during the course of hearing on this application also those grounds were pressed into service by Shri Aman Lekhi, learned senior counsel for the petitioner. First ground of opposition was that even though the writ petition was instituted in the year 2006 and the respondent had entered appearance in January,2007 but this application was filed more than ...
Sonu Vs. State Nct of Delhi
Court: Delhi
Decided on: Apr-11-2012
M.L. MEHTA, J: 1. This petition under Article 226 of the Constitution of India is preferred by the petitioner seeking issuance of writ of mandamus and other orders/ directions directing CBI inquiry in the matter and for taking action against respondents no.2 to 8. 2. The petitioner was arrayed as an accused along with co-accused Mangal in case FIR No.344/2008 under Sections 363/366/376/506/34 IPC registered with police station Mayur Vihar. The FIR came to be registered on the statement of Smt. Meera (respondent no.6) made to the Police on 2.11.2008 that her daughter Ms. Ruchi (respondent No.7) was kidnapped by Mangal with the help and connivance of petitioner Sonu on 7.10.2008. She alleged that since they were being threatened by these persons, the report in this regard was not lodged with the police, prior to 2.11.2008. 3. The main grievance of the petitioner was that he was not involved in the commission of alleged offence and that he was falsely implicated at the instance of his pol...
Harminder Singh Vs. Union of India Through the General Manager, Northe ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Apr-10-2012
ORAL: Mrs. Meera Chhibber, Member (J) 1. Applicant has sought direction to the respondents No.1 and 2 to promote him to the post of Loco Shunter from the date when his juniors Mahipal Singh and Dharampal Singh were promoted to the post of Shunter and allow him all the consequential benefits. 2. It is stated by the applicant that applicant and respondents No.3 and 4 are similarly situated persons inasmuch as applicant was initially appointed as casual labour on 1.6.1976 and had worked for 177 days from 1.7.1976 to 28.2.77. Thereafter he worked in different spells from 1978 to 1984. Respondent No.2 had issued a circular in the year 1987 inviting applications for some posts of Sub Loco Cleaners in Loco Shed in Moradabad Division and on 17.6.1988, applicant was appointed as Substitute Loco Cleaner. However, after verification of documents, applicant along with other persons, was terminated. One of such persons who were terminated, namely, Mithlesh Kumar Singh had filed a case in the Hon...
J.S. Sharma Vs. Union of India and Others Through Secretary, Ministry ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Apr-10-2012
1. The Applicant a Senior Hydro Geological (Scientist ‘D’) is challenging Office Order No.121 of 2011 dated 11.2.2011, as at Annexure A-1, ordering his transfer from Central Ground Water Board (in short ‘CGWB’), NHR, Dharamshala to CGWB, ER, Kolkata with immediate effect. 2. The applicant’s case is that he was posted at Dharamshala as per transfer norms of the respondent no.3 w.e.f. January 2009 and was placed as Head of Office in the office of CGWB, Northern Himalayan Region, Dharamshala, Himachal Pradesh. He was also given an additional charge of Regional Director for Northern Himalayan Region. The respondent no.3, i.e., the Chairman, Central Ground Water Board, Faridabad, then working as Member, SML, overseeing the Northern Region, was stated to be not happy with the working of the applicant. Feeling aggrieved, the applicant conveyed his feeling to the then Chairman vide his letter dated 21.12.2009 and requested that the applicant be relieved from the a...
Radhey Shyam, Asi, Delhi Police Vs. the Commissioner of Police, Police ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Apr-10-2012
Dr. Dharam Paul Sharma, Member (J): 1. By way of this Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant an ASI with Delhi Police is challenging the order dated 16.8.2010 passed by the disciplinary authority awarding him penalty of withholding of one (next) increment for a period of two years temporarily and the order of the appellate authority dated 15.3.2011 rejecting the appeal of the applicant against the order of the disciplinary authority referred to above. 2. The brief facts of the case are that on 31.5.2007 an FIR bearing No.FIR No.425/07 under Section 307 read with Section 34 IPC at Rajouri Garden Police Station on the basis of the complaint filed by one Shri Ashok Kumar who complained that he had been threatened by one Ajay and one Peer Mohd. and these two had attacked him causing severe injuries on his head on 30.5.2007.The applicant was appointed as Investigating Officer in this case. The complainant address as mentioned in the FIR w...
Satlok Vs. Municipal Corporation of Delhi (Through Its Commissioner) C ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Apr-10-2012
M.L. Chauhan: 1. The applicant has filed this OA against the impugned order dated 15.9.2010 whereby the penalty of removal from service was imposed upon him by the disciplinary authority. The applicant has also challenged the order dated 15.3.2011 passed by the appellate authority whereby his appeal was rejected and the order passed by the disciplinary authority was upheld. 2. Briefly stated, facts of the case are that the mother of the applicant Smt. Bhagwanti Devi, who was working as Safai Karamchari since 31.7.1981 with Municipal Corporation of Delhi (MCD) Najafgarh Zone, expired on 17.9.1993. The applicant, who is the eldest son of the deceased employee, submitted an application dated 27.2.1996 for compassionate appointment. The applicant also submitted a declaration to the effect that his father, namely, Shri Prem Singh is not employed. Based upon such declaration, the applicant was given appointment on compassionate grounds on the post of Safai Karamchari in place of his deceased...
M/S Intercontinental Cargo Services Vs. Commissioner of Customs, New D ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Apr-10-2012
Per Ms. Archana Wadhwa, J. The issues which stands referred to the Larger Bench are as follows:- (a) Whether the appeal against the order of Commissioner of Customs in respect of rejection of application for renewal of license under Regulation (11) of CHA 2004 would lie before the Tribunal (b) Whether CHA may avail the remedy against the order of rejection of application for renewal of license under sub-regulation (5) of Regulation (9) of the said Regulation.’ 2. As per facts on record, the appeal stands filed by the appellants against the order of Commissioner vide which he has rejected the appellants’ application for renewal of CHA license under Regulation 11(2) of Customs House Agents Licensing Regulations, 2004. The referral Bench has taken note of the Tribunal’s decisions in the case of Sri Shipping Services vs. CC, Coimbatore reported in 2006(202)ELT543(Tri.-Chennai) (Final Order) as also in the case of Arun Kumar Sikka vs. CC, New Delhi reported in 2006(201)ELT...
Court on Its Own Motion Vs. State
Court: Delhi
Decided on: Apr-10-2012
1. The present reference has been sent by the Learned Additional Sessions Judge in Sessions case No. 32/2011 in FIR No. 188/2009 under Section 307/34 IPC P.S. Paharganj titled as State Vs. Prabhakar and Ors. for rectification of the committal order in terms of the decision of the Hon‟ble Supreme Court in Ranjit Singh Vs. State of Punjab AIR 1998 SC 3148. 2. As per the order of reference, on 12th July, 2011 the learned Additional Sessions Judge was assigned the case wherein, as per the order of committal, only two accused namely Prabhakar and Amit were committed for trial. From the charge-sheet, it was evident that besides these two accused, one more accused Karan @ Kannu S/o Raj Kumar was also charge-sheeted for commission of the abovementioned offence. However, the learned committal Court did not summon the said Karan @ Kannu nor recorded any reason for not summoning and committing him. Thus, according to the Learned Additional Sessions Judge, since it can now summon the third a...
Sh. Suresh Kumar Gola Vs. M/S. Puja Cooperative Ghs Ltd.
Court: Delhi
Decided on: Apr-10-2012
MANMOHAN SINGH, J: THE CASE OF THE DECREE HOLDER 1. The decree holder filed the present execution under Section 36 of the Arbitration and Conciliation Act, 1996 read with the provisions of the Order XXI of the Code of Civil Procedure, 1908 for attachment of funds of the judgment debtor for a sum of Rs.56,000/- lying in the account of the judgment debtor with SB A/c No.566 Union of India, I.P.Extension Opposite Shanti Mukand Hospital, Near Hargobind Enclave, Delhi and also prayed for attachment of the basement having an area of 1503.17 sq. ft. and stilt portion having an area of 1503.17 sq. ft. over the basement of the judgment debtor M/s Puja Co-operative Group Housing Society by selling the same for satisfaction of the decree. Prayer is also made in the execution that the judgment debtor comprising of 71 members and each member may be directed to pay its share in terms of the decree passed in favour of the decree holder. 2. The court issued the warrants of attachment of the properti...
Sh. Omkar Nath Bhat Vs. Union of India and Others
Court: Delhi
Decided on: Apr-10-2012
RAJIV SAHAI ENDLAW, J: 1. The petitioner, claiming to be a permanent resident of Kashmir, forced to settle down in Delhi, has filed this writ petition seeking a mandamus to the respondents UOI and State of Jammu and Kashmir to settle his claim for ex gratia relief in respect of the destruction by burning of his house at Uttersso, Tehsil Shangas, District Anantnag Kashmir. Notice of the petition was issued and the pleadings have been completed. The counsels have been heard. 2. The destruction, by burning, of the house of the petitioner is not in dispute. However, while the petitioner claims that the house was burnt down by the terrorists, the respondents attribute the same to a fire caused by a electrical short circuit. The respondent No.2 State of Jammu and Kashmirin accordance with the Calamity Relief Fund has already disbursed an amount of `25,000/- to the petitioner. The petitioner however relies on B.L. Wali Vs. UOI 115 (2004) DLT 639 and on judgment dated 19.03.2008 in W.P.(C) No...
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