Himachal Pradesh Court July 1998 Judgments
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Yashpal Singh Vs. National Textile Corporation Ltd. and anr.
Court: Himachal Pradesh
Decided on: Jul-28-1998
Reported in: (2000)ILLJ659HP
Kamlesh Sharma, ACJ. 1. In the above writ petition, the Petitioner has prayed for the quashing of order dated August 29, 1996 (Annexure P-1) whereby major penalty of dismissal from the service of respondent No. 1 Corporation as Senior Salesman and Incharge of Solan Show Room was imposed upon him, and also order dated June 4, 1997 (Annexure P-13) whereby the decision of the Appellate Authority rejecting the appeal of the petitioner against dismissal order was conveyed to him.2. From the pleadings on record, it is not in dispute that the petitioner joined the service of the respondent-Corporation as Salesman in the year 1980 at Amritsar. He was transferred to Solan Show Room of the respondent-Corporation in the month of November 1988, where he worked till August 29, 1996. According to the petitioner at Solan Show Room, he was only Salesman and one G.K. Sharma was Incharge, who had joined in the year 1991 and even after he was made Incharge of Shimla Show Room later on, he continued holdi...
Janta High School, Through Its President Vs. State of Himachal Pradesh ...
Court: Himachal Pradesh
Decided on: Jul-09-1998
Reported in: (1999)ILLJ1270HP
Lokeshwar Singh Panta, J.1. The petitioner school is a registered management under the registration of Societies Act. In this writ petition filed through the President of the School Management under Articles 226/227 of the Constitution of India, the petitioner-school seeks a direction for the quashing of the order contained in Annexure P-4 passed by the Presiding Judge of Labour Court in Reference No./Application No. 78 of 1994, whereby a direction to pay a sum of Rs. 12,451/- as arrears of salary to an employee Shri Gulab Chand Sharma under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') was made.2. The facts may be shortly described,Petitioner-school has been established at Neen, Post Office Durgapur, Tehsil and District Shimla and is getting grant-in-aid from the State Government. Shri G.C. Sharma respondent herein approached the management of the school and told that he is a B. Sc. graduate and may be appointed as teacher as he wanted to ...
Cement Corporation of India Vs. Presiding Officer, Labour Court and or ...
Court: Himachal Pradesh
Decided on: Jul-08-1998
Reported in: (1999)ILLJ1276HP
Kamlesh Sharma, J.1. We have heard the learned Counsel for the parties and gone through the record.2. The petitioner-Cement Corporation of India has challenged the order dated October 19, 1995 passed by the Presiding Officer, Labour Court/Industrial Tribunal, Himachal Pradesh, Shimla, whereby despite the objection of the petitioner-Corporation, the application of the workmen for engagement of a legal practitioner was allowed. Section 36 of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) provides for representation of parties. Sub-section (4) of Section 36 is as under:'In any proceeding before a Labour Court, Tribunal or National Tribunal, a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be.'3. Sub-section (4) of Section 36 of the Act came for consideration of the learned Judges of the Supreme Court in Paradi...
Commissioner of Income-tax Vs. Dillo Ram and Co.
Court: Himachal Pradesh
Decided on: Jul-02-1998
Reported in: (1999)156CTR(HP)570,[1999]235ITR43(HP)
D. Raju, C.J.1. The above reference arises out of a question referred for the decision of this court, on the directions made by an order dated October 11, 1990, by this court in I. T. Applications Nos. 3 and 4 of 1976 referring the following question :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee-firm was entitled to continuation of registration for the assessment years under consideration?'2. The necessary facts relevant for the purpose of answering the question are that the firm consisting of nine partners was said to have been constituted as per deed dated February 19, 1962, which had been accorded registration for the assessment year 1962-63. The said registration had also been effective for the assessment years 1963-64, 1964-65 and 1965-66. While that be the position, the Income-tax Officer learnt that out of nine partners, one Shri Behari Lal had not personally signed, (1) the deed dated February 19, 1962, ...
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