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Himachal Pradesh Court May 1998 Judgments

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May 25 1998

NaraIn Singh and anr. Vs. Cement Corporation of India and ors.

Court: Himachal Pradesh

Decided on: May-25-1998

Reported in: (1999)ILLJ457HP

Lokeshwar Singh Panta, J.1. As common question of law and fact arise in both these petitions preferred under Articles 226 and 227 of the Constitution of India, they were heard together and are being disposed of by this common judgment.The short facts that are necessary for disposal of these writ petitions are as follows:Petitioner in CWP No. 498/1997 has alleged that he is a qualified Clerk and he was engaged by the Cement Corporation of India (C.C.I. Rajban)-Respondent No. 1 as a Clerk on contract basis on January 12, 1983 under contractor Shri Albel Singh-Respondent No. 2. In CWP No. 136 of 1998 the petitioner was engaged as contract labour on civil side w.e.f. January, 1995 through contractor Shri Om Prakash Yadav-Respondent No. 2. They have preferred these petitions alleging inter alia that they have been working as Clerk and daily wage labour since their engagement till date continuously and uninterruptedly in the C.C.I. They were engaged through contractors for doing the work on ...


May 15 1998

National Insurance Co. Ltd. Vs. Vipul and ors.

Court: Himachal Pradesh

Decided on: May-15-1998

Reported in: 1999ACJ695

A.L. Vaidya, J.1. All these petitions are being disposed of with this common order, as common questions of law and facts are involved therein.2. Various claim petitions were preferred before the Motor Accidents Claims Tribunal, Shimla, for grant of compensation on account of motor accident which took place on 4.3.1996 wherein bus No. HP-06-1245 was involved. Twenty claim petitions were alleged to have been filed arising out of the same accident. Insofar as the present petitions are concerned, in each case the Motor Accidents Claims Tribunal awarded compensation of less than Rs. 10,000. As these awards could not be assailed by preferring appeals, hence the present petitioner, that is, National Insurance Co. Ltd., has filed the present petitions under Article 227 of the Constitution of India. The award was given by the Claims Tribunal, Shimla, on 31.7.1997.3. The main question involved in the present petition(s) is with respect to the maintainability of the petition(s) under Article 227 ...


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