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Guwahati Court October 1996 Judgments

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Oct 18 1996

Mihir Lal Choudhuri and ors. Vs. State of Tripura and ors.

Court: Guwahati

Decided on: Oct-18-1996

N.S. Singh, J. 1. An order of promotion dated December 16, 1988 of Shri Ajit Kumar Gupta and Shri Ajit Kumar Debnath, the fourth and Fifth respondents in this case, to the post of Superintending Engineer (Electrical) under Power Department, Government of Tripura on ad hoc basis for a period of six months from the date of taking over the charges or till the post is filled upon regular basis, whichever is earlier as well as thermal seniority list of Executive Engineers (Electrical) under the Power Department, Government of Tripura, published on December 16, 1988, placing the names of the Respondents No. 4 to 6 over the three petitioners and also the order of regular appointment of the fifth and sixth respondents tothe post of Superintending Engineer (Electrical), appointment of the fourth respondent to the post of Additional Chief Engineer (Electrical) on ad hoc basis, are the main subject matters challenged in the present writ petition. 2. According to the petitioners, they are degree...


Oct 03 1996

Management of Dekhami Tea Estate Vs. Presiding Officer, Labour Court a ...

Court: Guwahati

Decided on: Oct-03-1996

J.N. Sarma, J. 1. This writ application has been filed challenging the legality and validity of the award dated December 4, 1995 passed by the Labour Court, Dibrugarh in Misc. Case No. 5 of 1993. That was a claim under Section 33-C of the Industrial Disputes Act, 1947 and the Labour Court passed an award for an amount of Rs. 74,588.50 together with interest @ 12% p.m. from the date of filing the petition till the realisation alongwith legal expenses costing Rs. 500/-. Earlier there was a settlement/agreement between the Management of the Tea Estate and Assam Chah Karmachari Sangtha wherein the Pension benefits for Clerical, Medical and Artisan Staff was referred to and that agreement was on August 15, 1970 and that agreement was in the field when the applicationwas filed before the Labour Court. The term of settlement provides for pension and how pension is to be computed are there in detail in the particular settlement. The management gave pension to the workman petitioner for few m...


Oct 01 1996

Chari Duari Vs. Member, Motor Accidents Claims Tribunal and ors.

Court: Guwahati

Decided on: Oct-01-1996

J.N. Sarma, J.1. This first appeal has been filed against the award dated 2.5.1995 passed by the Member, M.A.C.T., Kamrup, Guwahati, in M.A.C. Case No. 1 of 1992 and the accident took place on 30.11.1991 at about 1.45 p.m. at Kamakhya Gate.2. A mini bus knocked down the motor cycle of one Kalicharan Duari, son of the claimant. The injured succumbed to his injury on the same afternoon in the hospital and thereafter this claim case was filed claiming an amount of Rs. 5,00,000/-. The deceased was a college student. The following witnesses were examined:(i) Dr. Dipak Das, PW 1, who deposed regarding the age of the deceased.(ii) Deepak Sarma, Traffic Control Police No. 196, PW 2, standing at the spot.(iii) Chari Duari, the claimant, PW 3.(iv) Nabin Haloi, A.S.I, of Police, PW 4.3. On consideration of the materials on record, the Tribunal came to the finding by utilising multiplier method of 15 that the claimant is entitled to an amount of Rs. 1,35,000/- and thereafter some other benefits w...


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