Himachal Pradesh Court May 2007 Judgments
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Mohan Lal Chauhan Vs. Deputy Commissioner and ors.
Court: Himachal Pradesh
Decided on: May-10-2007
Reported in: 2007(2)ShimLC272
Deepak Gupta, J.1. The facts, which have emerged in this case, reveal a very sorry state of affairs regarding the manner in which Administrative Officers conduct themselves while discharging judicial functions.2. The petitioner before this Court had challenged the election of respondent No. 2 to the post of Pradhan, Gram Panchayat Bag (Domehar), Tehsil Kotkhai, District Shimla, H.P. This Election Petition was filed before the S.D.O. (Civil), Theog, who was the competent authority under the H.P. Panchayati Raj Act, hereinafter referred to as the Act. During the pendency of the proceedings, the respondent No. 2 filed an application under Section 165 of the Code of Civil Procedure. This application was allowed and thereafter, the respondent No. 2 filed an appeal before respondent No. 1. Respondent No. 1 stayed the proceedings before the competent authority. The present petitioner challenged the order passed by respondent No. 1 in CMPMO No. 146 of 2006 before this Court and thereafter, the...
The Una District Consumer Marketing Federation Ltd. Vs. Kuldeep Singh
Court: Himachal Pradesh
Decided on: May-09-2007
Reported in: 2007(2)ShimLC208
Surinder Singh, J.1. The petitioner- 'The Una District Consumer Marketing Federation Ltd.', is under liquidation. Shri Prem Chand its Liquidator has filed the instant petition to set-aside the award dated 28.11.2005 (Annexure PC), passed by the Labour Court in Application No. 421 of 2004.2. In fact the respondent was a driver under the employment of the Petitioner. He had filed an application under Section 33-C(2) of the Industrial Disputes Act, 1947 (in short the Act), before the Presiding Judge, Labour Court-cum-Industrial Tribunal, Dharamshala (H.P.), claiming Rs. 20,628/- after his retirement on 31.3.1998, on account of the revision of pay scales w.e.f. 1.1.1996, being a difference between the old and new pay-scales, from the existing scale of Rs. 950-1800 to Rs. 3200-5300.3. The petitioner herein resisted his claim before the Labour Court on the point of jurisdiction and contended that on 28.2.1997 the Additional Registrar, Co-operative Societies, Dharamshala (H.P.) put the petiti...
State of H.P. Vs. Lashkari Ram
Court: Himachal Pradesh
Decided on: May-09-2007
Reported in: (2008)ILLJ137HP,2008(1)ShimLC245
ORDERRajiv Sharma, J.1. By way of this petition the State has challenged the orders passed by the Appellate Authority dated October 24, 2003 and the Labour Officer-cum-Controlling Authority, dated September 23, 2002. The brief facts necessary for the adjudication of this petition are that the respondent-workman has served the Himachal Pradesh Irrigation and Public Health Division, Sarkaghat, as daily wage worker w.e.f. March, 1982 to December 31, 1993 and thereafter his services were regularized as water guard-helper from January 1, 1994. He retired from service after attaining the age of superannuation on October 31, 2001. He submitted an application under Sub-rule (10) of Rule 7 of the Payment of Gratuity Act, 1972 on November 27,2001 to the Executive Engineer, 1 & PH Division, Sarkaghat. He was paid a sum of Rs. 17,269/- as terminal gratuity. The respondent herein will be addressed as. 'workman' for convenience.2. The workman filed claim before the Labour Officer-cum-Controlling Aut...
Smt. Brijwala Awasthi Vs. H.P. University
Court: Himachal Pradesh
Decided on: May-08-2007
Reported in: 2007(2)ShimLC59
Sanjay Karol, J.1. The petitioner is a student, who has obtained a degree of Bachelor of Arts (B.A.) and Bachelor of Education (B.Ed.) from University of Calcutta. The said degree of Bachelor of Arts is a two year course without English as a compulsory subject. Since she had not studied English as a subject and in order to obtain employment in the State of Himachal Pradesh, she enrolled herself with the Himachal Pradesh University to undertake examination in the subject of English in B.A. 1st year course. She applied in the month of February, 2001 and was given a provisional roll number on or around 23rd March, 2001 to appear in an examination to be conducted in April, 2001. She undertook the examination but her result could not be declared. Vide an undated letter Annexure P-4 dispatched by the respondent on 9th June, 2001, she was informed that on scrutiny it was found that there are discrepancies in her admission-form for TD/ I April, 2001 examination and she was asked to fulfill cer...
Anchal Singh Rana Vs. Punjab National Bank and ors.
Court: Himachal Pradesh
Decided on: May-04-2007
Reported in: (2008)ILLJ903HP,2007(2)ShimLC79
Rajiv Sharma, J.1. By way of this petition, the petitioner is seeking directions to the respondents to consider his case for compassionate employment.2. The brief facts necessitated for the adjudication of this petition are that the petitioner lost his father on 19.12.1998. The Petitioner submitted application seeking employment through his mother in a prescribed proforma. The petitioner supplied all the requisite information as sought for by the respondent-Bank for consideration of his case for compassionate employment as per the Scheme i.e. Annexure-RC dated 20.3.1997.3. The respondent-Bank has rejected the claim of the petitioner for compassionate appointment on 16.12.2002. The petitioner again reiterated his claim for compassionate appointment which was ultimately rejected on 23.6.2004.4. Mr. Dushyant Dadwal has strenuously argued that the Annexure-P-10 dated 16.12.2002 as well as Annexure-P17 dated 23.6.2004 are not speaking orders.5. Mr. Dushyant Dadwal further submitted that eve...
Himachal Shiksha Samiti Vs. State of H.P. and anr.
Court: Himachal Pradesh
Decided on: May-04-2007
Reported in: 2007(2)ShimLC179
Sanjay Karol, J.1. This judgment is being dictated in open Court in presence of the learned Counsel for the parties.2. The present writ petition has been filed assailing the orders dated 11.11.2004 (Annexure P-9), whereby the lease granted to the petitioner vide instrument dated 4.12.2001 (Annexure P-3), is cancelled being in contravention of the provisions of H.P. Tenancy and Land Reforms Act, 1972 (hereinafter referred to as 'the Act') and H.P. Lease Rules, 1993 (hereinafter referred to as 'the Rules').3. Petitioner has filed the present writ petition, inter alia stating that it is an educational society and is imparting education to the poor inhabitants of the State on 'no profit no loss' basis. The society is not charging any fee and is being managed on the donations received from the public. The employees and teachers of the society are not full time salaried employees and are only accepting honorarium. Petitioner society has 225 schools in Himachal Pradesh and is actually fulfill...
Joginder Nagar Tehsil Co-operative Marketing and Consumer Union Ltd. V ...
Court: Himachal Pradesh
Decided on: May-04-2007
Reported in: (2007)IIILLJ1084HP
Surinder Singh, J.1. The petitioner Society has assailed the award passed against it in Reference No. 52/1999 (RBT 368 of 2004) passed on December 17, 2004 by the Labour Court-cum-Industrial Tribunal Dharamshala, camp at Mandi on the following reference received for adjudication from the appropriate Government:Whether the termination of services of Shri Jagdish Chand, Salesman by the Sachiv, The Joginder Nagar Tehsil Co-operative Marketing and Consumer Union Ltd., Joginder Nagar, District Mandi, H.P. w.e.f. January 31, 1995 without any notice, charge-sheet, enquiry and without compliance of Section 25-F of the Industrial Disputes Act, 1947, is legal and justified. If not, to what relief of consequential benefits including back wages, seniority and amount of compensation, Shri Jagdish Chand is entitled?2. The admitted facts are that the respondent No. 2 herein, was appointed as Salesman in the Essential Commodities Depot of the Petitioner Society in August, 1986. He remained posted as a...
The Joginder Nagar Tehsil Co-operative Marketing and Consumer Union Lt ...
Court: Himachal Pradesh
Decided on: May-04-2007
Reported in: 2007(2)ShimLC93
Surinder Singh, J.1. The Petitioner Society has assailed the award passed against it in Reference No. 52 of 1999 (RBT 368 of 2004) passed on 17-12-2004 by the Labour Court-cum-Industrial Tribunal Dharamshala, camp at Mandi on the following reference received for adjudication from the appropriate Government:Whether the termination of services of Shri Jagdish Chand, Sales-Man by the Sachiv, The Joginder Nagar Tehsil Co-operative Marketing and Consumer Union Ltd., Joginder Nagar, District Mandi, H.P. w.e.f. 31.1.95 without any notice, charge-sheet, enquiry and without compliance of Section 25(F) of the Industrial Disputes Act, 1947, is legal and justified. If not, to what relief of consequential benefits including back wages, seniority and amount of compensation, Shri Jagdish Chand is entitled?2. The admitted facts are that the respondent No. 2 herein, was appointed as Salesman in the Essential Commodities Depot of the Petitioner Society in August, 1986. He remained posted as a Salesman i...
Shyam Dutt Vs. Ashok Kumar and anr.
Court: Himachal Pradesh
Decided on: May-04-2007
Reported in: AIR2007HP93,2007(2)ShimLC122
Dev Darshan Sud, J.1. This appeal has been filed by the appellant-defendant against the order of the learned District Judge, Sirmaur District at Nahan, whereby the suit has been remanded to the trial Court.2. The respondent-plaintiff had instituted the suit out of which the present appeal arises against the defendant Shyam Dutt for possession of the premises as detailed in the plaint. Preliminary objection was taken by the defendant-appellant on the maintainability of the suit. It was alleged that the suit of the plaintiff was barred by principle of res judicata, since the father of the plaintiff had filed a similar suit against the present defendant which was contested on merits and by judgment and decree dated 21.7.2001 the suit was partly decreed. An appeal was carried to the learned District Judge. Cross-objections were also filed. During the pendency of the appeal and cross-objections, Jagar Nath, who was predecessor-in-interest of the plaintiff, died and the present plaintiff-res...
Baldev Singh Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: May-04-2007
Reported in: 2007(3)ShimLC100
Surinder Singh, J.1. The instant petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India for issuance of an appropriate writ, order or direction to the respondents.2. The questions which have arisen before us are:(1) Whether a teacher appointed by the Parent-teachers Associations (PTA) is a holder of the 'Civil post' under the State?(2) Whether the H.P. State Administrative Tribunal has jurisdiction to try and determine the matter under Section 15 of the Administrative Tribunal Act, 1985?3. We have heard Shri B.C. Negi, learned Counsel for the petitioner, the learned Advocate General Shri M.S. Chandel and Shri Manohar Lal learned Advocate for the respondent No. 4 Smt. Sunita Kumari.4. The controversy in this petition relates to the selection to the post of Lecturer (History) in Government Senior Secondary School Tatiana, Tehsil Paonta Sahib, District Sirmaur, H.P. made by the Parents Teacher Association (PTA) of the concerned School.5. The peti...
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