Himachal Pradesh Court December 1994 Judgments
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Oriental Insurance Co. Ltd. Vs. Puni Devi and ors.
Court: Himachal Pradesh
Decided on: Dec-28-1994
Reported in: 1995ACJ486
Bhawani Singh, J.1. We propose to decide all these cases (F.A.O. No. 98 of 1991, Oriental Insurance Co. Ltd. v. Puni Devi; F.A.O. No. 99 of 1991, Oriental Insurance Co. Ltd. v. Chigha Ram; F.A.O. No. 100 of 1991, Oriental Insurance Co. Ltd. v. Daulat Ram; F.A.O. No. 101 of 1991, Oriental Insurance Co. Ltd. v. Roop Chand; C.M.P. (M) No. 202 of 1991, Oriental Insurance Co. Ltd. v. Ravi; C.M.P. (M) No. 204 of 1991, Oriental Insurance Co. Ltd. v. Pirthi Chand; C.M.P. (M) No. 205 of 1991, Oriental Insurance Co. Ltd. v. Chunku Ram; C.M.P. (M) No. 206 of 1991, Oriental Insurance Co. Ltd. v. Rattan Chand; C.M.P. (M) No. 236 of 1991, Oriental Insurance Co. Ltd. v. Daulat Ram; C.M.P. (M) No. 263 of 1991, Oriental Insurance Co. Ltd. v. Saran Dass; F.A.O. No. 53 of 1993, Oriental Insurance Co. Ltd. v. Achhari Devi and F.A.O. No. 54 of 1993, Oriental Insurance Co. Ltd. v. Achhari Devi by a common judgment since they arise out of the same accident, though there are two different awards dated 14.3.19...
Krishna and ors. Vs. Himachal Pradesh Public Works Department and ors.
Court: Himachal Pradesh
Decided on: Dec-23-1994
Reported in: I(1995)ACC695,1996ACJ1064
Bhawani Singh, J.1. We propose to decide both these appeals (F.A.O. No. 100 of 1984, Krishna v. Himachal Pradesh Public Works Department and F.A.O. No. 101 of 1984, Himachal Pradesh Public Works Department v. Krishna by a common judgment since they arise out of the same accident between the same parties.2. The deceased was talking to a passenger of stationary bus at Theog Bus Stand on 16.10.1982. Truck No. HPS 3890 of the Himachal Pradesh Public Works Department (hereafter HP PWD) came from Matiana side. It was being driven rashly and negligently and crushed the deceased. He was shifted to Civil Hospital, Theog, where he died soon thereafter. According to the claimants, the accident is attributable to the negligence of the driver of the truck, an employee of the HP PWD. At the time of accident, the deceased was 40 years old and was serving as Veterinary Assistant Surgeon in the Veterinary Hospital, Matiana. Compensation to the extent of Rs. 9,00,000/- has been claimed.3. The petition h...
Ramesh Chand Vs. H.P. State Electricity Board and ors.
Court: Himachal Pradesh
Decided on: Dec-15-1994
Reported in: (1997)IIILLJ207HP
Gulab C. Gupta, C.J. 1. Petitioner was a daily rated employee working with the respondent-Electricity Board at Andhra Construction Sub-Division. It appears that the work in the aforesaid Construction sub-Division was likely to be completed and workers rendered surplus. The respondent-Electricity Board, therefore, decided to send them to various projects including the Nathpa Jhakri Hydro-Electric Project (hereinafter referred to as 'the Nathpa Jhakri Project'). Nathpa Jhakri Project was taken over by Respondent No. 3, Nathpa Jhakri Power Corporation on August 1, 1991. The decision to send surplus employees of Andhra Construction Sub-Division to various projects was, however, taken in 1987. Pursuant to the aforesaid decision, the petitioner was given an option to either be employed as a T-Mate in Nathpa Jhakri Project or face retrenchment in accordance with law. The petitioner did not accept employment as T-Mate and instead approached this Court complaining arbitrary and discriminatory t...
Ram Parkash Vs. Smt. Vijay Kumari
Court: Himachal Pradesh
Decided on: Dec-14-1994
Reported in: II(1995)DMC71
S.N. Phukan, J.1. This appeal is directed against the judgment dated 7.9.1992 of the learned District Judge, Solan in Case No. H.M. Petition No. 13 /S/3 of 1992. By the impugned judgment, the petition filed by the present appellant-husband against the respondent-wife under Section 13 of the Hindu Marriage Act was dismissed. The ground for divorce was that respondent had been incurably of unsound mind and had been suffering continuously from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. The petition was dismissed by the impugned judgment, hence the present appeal.2. It is not disputed that the parties were married to each other on 10.5.1986 according to Hindu rites and they lived and cohabited together as husband and wife for a short period at village Kanshi Patta, Tehsil Kandaghat. Though in the petition it has been alleged that no issue was born yet we find from the evidence on record that it is an a...
Cement Corporation of India Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Dec-13-1994
Reported in: (1995)IILLJ987HP
Gulab C. Gupta, C.J.1. The petitioner is a Government Company, financed and controlled by the Union of India and runs a Cement Plant at Rajban, District Sirmour. It also has a Lime-Stone Quarry situate at a distance of 10 Kms. from the said factory. The petitioner had, dismissed respondent Nos. 2 to 6 by an order dated May 21, 1988 on proved misconduct consisting of assaulting senior officers of the plant and mine, abusing and threatening them and otherwise bringing the work of the factory and mine to stand still. The appeal filed by the respondents workmen having been dismissed, they raised an industrial dispute under the provisions of the Industrial Disputes Act, 1947 and the same was referred to the respondent Labour Court for adjudication. The respondent-Labour Court by its award dated September 23, 1991 (Annexure P-13) held that the domestic enquiry held by the petitioner-Management against the respondents workers was legal and valid. The respondent Labour Court, however, held tha...
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