Guwahati Court November 2003 Judgments

Bijulibari Multipurpose Development Society Vs. State of Assam and ors ...

Court: Guwahati

I.A. Ansari, J.1. Can the State or its instrumentalities, in order to earn revenue, ignore the essential conditions of any Notice Inviting Tender (for short 'the NIT') In order to earn more revenue, should the State or its instrumentalities act contrary to the public policies? These are the moot questions, which this writ appeal has raised.2. The settlement of Bothabeel Fishery, Sipajhar, (hereinafter referred to as 'the fishery') in the district of Darrang, in favour of the respondent No. 3 for the period from 2003-2004 to 2009-2010 for lease amount of Rs. 26,88,400 by Assam Fishery Development Corporation Ltd. (for short 'the Corporation') is under challenge in the present writ appeal.3. For better appreciation of the real issues involved in the present appeal, we place hereinbelow, in a nutshell, the admitted and material facts giving rise to this appeal: The Managing Director of the Corporation issued the NIT, on 03.04.2003, inviting Tenders for settlement of the fishery for the p...

Board of Directors, Ascard Bank Ltd. and ors. Vs. Baharul Islam and or ...

Court: Guwahati

1. Heard Mr. H.N. Sarma, learned counsel for the appellants and Mr. D.K. Mishra, learned counsel for the respondents.2. Judgment is delivered by the learned Single Judge in 13 writ petitions allowing the petitions filed by the workman setting aside the order of termination issued by the Assam State Co-operative Agricultural & Rural Development Bank Ltd. hereinafter shortly called 'ASCARD Bank', holding that the ASCARD Bank has not followed the mandatory requirement of Section 25F of the Industrial Disputes Act, 1947 while terminating the services of the workmen. These 11 (eleven) different appeals have been preferred by the ASCARD Bank challenging the order passed by the learned Single Judge.3. It is contended by the learned counsel for the appellant that in Writ Appeal Nos. 721/2002, 727/2002, 729/2002, 730/2002, and 554/2002 arising out of WP(C) No. 1140/99, WP(C) No. 1567/99, WP(C) No. 863/ 99, WP(C) No. 1963/99 and WP(C) 1503/99 there is no pleading to the effect that petitioners'...

Assam State Co-operative Agriculture and Rural Development Bank Ltd. a ...

Court: Guwahati

1. Heard Mr. H.N. Sarma, learned counsel for the appellants and Mr. O.K. Mishra, learned counsel for the respondents. Judgment is delivered by the learned single Judge in 13 writ petitions allowing the petitions filed by the workmen setting aside the order of termination issued by the Assam State Co-operative Agricultural & Rural Development Bank Ltd. hereinafter shortly called ASCARD Bank, holding that the ASCARD Bank has not followed the mandatory requirement of Section 25-F of the Industrial Disputes Act, 1947 while terminating the services of the workmen. These 11 (eleven) different appeals have been preferred by the ASCARD Bank challenging the order passed by the learned single Judge.2. It is contended by the learned counsel for the appellant that in Writ Appeal Nos. 721/2002, 727/2002, 729/2002, 730/2002 and 554/2002 arising out of W.P(C) No, 1140/1999, W.P.(C)No. 1567/1999, W.P.(C) No. 863/1999, W.P(C) No. 1 963/1999 and W.P.(C) 1503/1999 there is no pleading to the effect tha...

Golap Chandra Chetia Vs. Assam Adminstrative Tribunal and ors.

Court: Guwahati

P.P. Naolekar, C.J.1. The appellant/petitioner was allowed to hold full charge of the post of Financial Adviser in the Health & Family Welfare Department in addition of his own duty of the Finance and Accounts Officer in the Directorate of Geology and Mining, Government of Assam. The appellant/petitioner held the additional charge from 23.4.1983 to 11.4.1986. Thereafter the petitioner was again directed to hold the additional charge as Financial Adviser in the Flood Control Department with effect from 17.5.86 to 30.5.1988. On 7.12.1988 the Accountant General, Assam issued pay slip of the petitioner fixing his pay as Officiating Financial Adviser at Rs. 1860 p.m. from 17.5.1986. According to the petitioner it should have been fixed at Rs. 1980. The appellant/petitioner has further made claim for fixation of pay in accordance with the provisions of fixation of salary as he was holding the post of Financial Adviser in the Health & Family Welfare Department till he has been regularly prom...

Assam State Co-operative Agriculture and Rural Development Bank Ltd. a ...

Court: Guwahati

Reported in: (2004)IIILLJ122Gau

1. Heard Mr. H.N. Sarma, learned counsel for the appellants and Mr. O.K. Mishra, learned counsel for the respondents. Judgment is delivered by the learned single Judge in 13 writ petitions allowing the petitions filed by the workmen setting aside the order of termination issued by the Assam State Co-operative Agricultural & Rural Development Bank Ltd. hereinafter shortly called ASCARD Bank, holding that the ASCARD Bank has not followed the mandatory requirement of Section 25-F of the Industrial Disputes Act, 1947 while terminating the services of the workmen. These 11 (eleven) different appeals have been preferred by the ASCARD Bank challenging the order passed by the learned single Judge.2. It is contended by the learned counsel for the appellant that in Writ Appeal Nos. 721/2002, 727/2002, 729/2002, 730/2002 and 554/2002 arising out of W.P(C) No, 1140/1999, W.P.(C)No. 1567/1999, W.P.(C) No. 863/1999, W.P(C) No. 1 963/1999 and W.P.(C) 1503/1999 there is no pleading to the effect that ...

Shyam Bahadur Chetri Vs. North Eastern Electric Power Corporation Ltd. ...

Court: Guwahati

Amitava Roy, J.1. The petitioner is before this court being aggrieved by the inaction of the respondent authorities in regularising his services under the NEEPCO. Limited (hereinafter referred to as the 'Corporation').2. I have heard Mr. Kataky, learned counsel for the petitioner. Alsoheard Mr. K. P. Sharma, learned standing counsel appearing on behalfof the Corporation.3. The facts, shortly put, are that in the year 1991 the respondent-corporation procured two number of Drilling Jumboos from National Hydroelectrical Power Corporation Limited (for short NHPC) for Rangamati Hydro Electric Project in Arunachal Pradesh. As at the relevant time, there was no skilled crew with the Corporation to operate the said machine, on its request to provide crew with adequate knowledge of Jumboo operation, the NHPC requested the petitioner to join the Corporation. Accordingly, the petitioner, who was at the relevant time, a regular employee with the Hindusthan Construction Corporation, accepted the o...

Arun Borah Vs. North Eastern Electric Power Corporation Limited and or ...

Court: Guwahati

I.A. Ansari, J.1. The writ petitioner, Arun Borah, who has not passed Class IX examination, was, while serving in 9th Assam Regiment, tried by a Court Martial and dismissed from service. Suppressing the fact that he was a dismissed army personnel and also projecting that he had passed Class IX examination by producing a certificate to this effect, the petitioner got himself employed as a Security Guard in North Eastern Electric Power Corporation Limited (in short, 'NEEPCO'). When these facts came to be known to NEEPCO, the writ petitioner was served with a charge-sheet by his employer directing him to show cause as to why disciplinary action shall not be taken against him for wilfully holding the requisite information and for non-disclosure thereof and for violating thereby Rule 6(m) read with Rule 5(4) of the said Rule of NEEPCO Security Force Conduct Disciplinary and Appeal Rules. While submitting his reply to the notice of show cause, so served on him, the petitioner could not cate...

intaz Ali and anr. Vs. State of Assam and ors.

Court: Guwahati

Amitava Roy, J.1. Heard Mr. G. Uzir, learned counsel for the petitioners as well as Mr. J. Roy, learned State counsel for the Respondents.2. The petitioners are before this Court assailing the order dated 4.7.2002 (Annexure C to the writ petition) whereby their services as Muster Roll Workers under the Executive Engineer, PWD (Roads), Barpeta Division, Barpeta were directed to be terminated on the ground that they were arrested by the police in connection with a criminal case. The petitioners claimed that they were appointed as Muster Roll Workers in the years 1986 and 1988 respectively and had been discharging their duties with sincerely and honesty to the satisfaction of all concerned authorities. On 7.6.2002 they were arrested and taken into judicial custody on the basis of an F.I.R. dated 4.6.2002 which was lodged and registered as Barpeta Police Station Case No. 230/2002 under Section 396/397 IPC. The petitioners were not named in the F.I.R. In course of the alleged incident, one...

Alok Debroy and anr. Vs. State of Assam

Court: Guwahati

Amitava Roy, J. 1. The appellants, four service men of the State Police Service have been indicted, tried and convicted for causing the death of one Bhrigu Malakar alias Bibhuti Malakar alias Kere (thereinafter referred to as 'Kere') while in their custody at Malugram outpost/Silchar, Cachar. By the impugned judgment dated 18.8.2001 passed by the learned Additional Session Judge, Cachar, Silchar in Session Case No. 6/97 the appellants in Criminal Appeal Nos. 274/01 and 292/01 have been convicted Under Section 302 IPC and sentenced to Rule 1, for life with a fine of Rs. 1000 each in default to suffer S.I. for one month. They were also convicted Under Section 342 IPC and sentenced to undergo R.I. for one month each. The appellants in criminal Appeal No. 272/01 have been convicted Under Section 304(11) IPC and sentenced to undergo R.I. for a period of 4 years with a fine of Rs. 500 each in default to suffer further S.I. for 15 days.2. We have heard Mr. J. M. Choudhury, learned Senior Ad...