Jharkhand Court October 2002 Judgments
Gobardhan Ram Vs. Deputy Commissioner and ors.
Court: Jharkhand
Decided on: Oct-09-2002
Reported in: [2003(1)JCR396(Jhr)]
Tapen Sen, J.1. Heard, Mr. Amreshwar Sahay, learned counsel for the petitioner and Mr. R.S. Mazumdar, learned Government Advocate for the State-respondents i.e. respondent Nos. 1 to 4.2. Nobody appears on behalf of. the respondent Nos. 5 to 8 although as would be apparent from the office note dated 21.1.1997 that respondent No. 5 had been served with notice and similarly, it would appear that by order dated 12.9.1997, respondent Nos. 6 to 8 had also been served with notice.3. However, in view of the nature of the order that is being passed in this case, it is not necessary to hear the respondents at this stage.4. From the perusal of the writ petition it appears that the petitioner had to rush to this Court challenging the order dated 13.9.1992 passed by the Circle Officer and also the order dated 30.8.1993 passed by the Land Reforms Deputy Collector, Garhwa whereby and whereunder he allowed the application for restoration filed by Babulal Korwa (respondent No. 5) and directed delivery ...
Tag this Judgment!Kunwar Singh Babu (Munda) and anr. Vs. Dayal Mahto and anr.
Court: Jharkhand
Decided on: Oct-08-2002
Reported in: [2004(3)JCR163(Jhr)]
Gurusharan Sharma, J.1. Title Suit No. 52 of 1979 was filed for declaration pf title and recovery of possession over 2.35 acres land, bearing Plot No. 2990, appertaining to Khata No. 206, under Khewat No. 3/1, situate in village Hesadih, within Sonahatu Police Station of Ranchi District, detailed in Schedule 'B' to the plaint as also for mesne profits from 1973.2. According to the plaintiffs Revisional survey Plot No. 2990 was carved out from Cadestral Survey Plot No. 2323, which was raiyati land of their agnates the defendants 4 to 9, but in Revisional survey it was wrongly recorded as gair majana malik-parti pathar, The defendants 1 to 3 were sons to Kashi Nath Singh Munda, the then landlord.3. The defendant No. 1 did not contest the suit. The defendants 2 to 3 denied plaintiffs agnatic relationship with the defendants 4 to 9. According to them nature of the disputed land was not parti pathar and the plaintiffs ancestor Gokul Mahto was never in possession of any portion of Cadestral ...
Tag this Judgment!Pramod Kumar and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-07-2002
Reported in: [2003(1)JCR502(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The petitioners Pramod Kumar and Ram Kripal Prasad have challenged the order contained in Memo No. 833 dated 8th December, 2001. They have also prayed for direction on respondents to pay salary due since 1st November, 2000.2. The impugned memo No. 833 dated 8th December, 2001 has been issued in pursuance of a letter No. 234 dated 3rd December, 2001 issued by the Assistant Director, Social Security, Pakur whereby the Block Development Officer, Pakuria has been asked to send back the services of the petitioner's to the office of the Director, Social Security Department, Government of Bihar, Patna.3. The case of the petitioners is that they were appointed as clerk vide order No. 8/97 dated 19th March, 1997 issued by the Joint Director (Establishment), Labour Employment and Training Department, Directorate of Employment and Training (Employment), Bihar, Patna under the 'Unemployment Token Allowance Scheme, 1981'. Subsequently they were transferred vide order No...
Tag this Judgment!Bharat Bhushan Prasad Vs. Palamu Kshetriya GramIn Bank and ors.
Court: Jharkhand
Decided on: Oct-07-2002
Reported in: 2002(3)BLJR2393
M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for quashing the orders passed by the respondents as disciplinary authority and the appellate authority awarding punishment of demotion and deduction of two annual increments in the basic pay of the petitioner and treating the entire period as a period of suspension.2. The petitioner was in the service of the respondent-Bank according to him he was the elected treasurer of the Palamu Kshetriya Gramin Bank, Workers Organization, Daltonganj, a registered organization. On 14.2.1992 the petitioner along with five others was placed under suspension with effect from 15.2.1992. By memo dated 20.2.1992 the petitioner was served with a charge-sheet by respondent No. 4, General Manager, Palamu Kshetriya Gramin Bank, Daltonganj-cum-Disciplinary Authority. The charges inter alia were that: (i) On 13.2.1992 he along with other employees entered into the office of the General Manager in relation to a matter of transfer of Dilip Kum...
Tag this Judgment!Ram Naumi Singh Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Oct-04-2002
Reported in: [2003(96)FLR728]
M.Y. Eqbal, J.1. Petitioner has challenged the Award passed by the Presiding Officer, Central Government Industrial Tribunal No. 1 Dhanbad in 11 of 1991, whereby he has answered the reference against the petitioner-workman.2. The Central Government in the Ministry of Labour in exercise of power conferred under Clause (d) of Sub-section (1) and Sub-section (2-A) of Section 10 of the Industrial Disputes Act, 1947, referred the following dispute for adjudication to the Tribunal.'I. Whether the action of the Management of West Bokaro Colliery of M/s. TISCO Ltd. P.O. Ghatotand Dist. Hazaribagh in not accepting the date of birth of Ram Naumi Singh, Telephone Exchange Operator (underground) as 10.10.1938 is justified. II. If not to what relief the workman concerned is Entitled ?' 3. The concerned workman was in service of the respondent-West Bokaro Colliery of M/s. TISCO Ltd. His case is that in the school register the date of birth was recorded as 10.10.1938 but in Form 'B' register the mana...
Tag this Judgment!Workmen of Nirsa Area of Ecf Ltd. Vs. Employers in Relation to the Man ...
Court: Jharkhand
Decided on: Oct-04-2002
Reported in: [2003(96)FLR665]
M.Y. Eqbal, J. 1. This writ application is directed against the Award dated 10th December, 1994 passed by Presiding Officer, Central Government Industrial Tribunal, No. 1, Dhanbad in Reference Case No. 59 of 1989 whereby the Tribunal declined to pass order of reinstatement rather the tribunal passed an award for payment of compensation of Rs. 25,000/- to each of the workman together with interest at the rate of 12% per annum from the date of the Award.2. It appears that the Central Government in the Ministry of Labour has, in exercise of the powers conferred by Clause (d) of Sub-section (1) and Sub-section (2-A) of Section 10 of the Industrial Disputes Act, 1947 referred the following dispute for adjudication :'Whether the demand of the Rashtriya Colliery Mazdoor Sangh (INTUC) that S/Shri Asim Kumar Chatterjee and Nani Gopal Sen Gupta. Clerks (Internal Audit) who were sopped from employment in 1976, be reinstated in Mugma and Badjna Sub-Area of M/s. Eastern Coalfields is justified? If ...
Tag this Judgment!Sita Ram Oraon @ Situa Oraon Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Oct-04-2002
Reported in: [2003(1)JCR307(Jhr)]
Lakshman Uraon, J.1. The sole appellant Sitaram Oraon alias Situa Oraon has preferred this appeal challenging the judgment and order of conviction and sentence dated 29.6.1995 and 1.7.1995 respectively, passed by the learned 8th Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 395 of 1994, whereby, he has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.2. The prosecution case, as per the First Information Report (Ext. 4), based on the fardbeyan of the informant Sukarao Devi (PW 1), wife of deceased Pahna Oraon, is that on 15.11.1993 at 3.00 p.m. while she was at her home at Village-Harchanda, Police Station-Ormanjhi, District-Ranchi, along with her son Suman Oraon (PW 2), aged about 12 years, and was standing in an open space, saw that her husband Pahna Oraon (deceased) along with younger son Sunil Oraon (PW 4), aged about 10 years, was standing near a kathal tree towards south at a distance of 500 yards and witnes...
Tag this Judgment!Mahesh Sharma Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Oct-04-2002
Reported in: [2003(1)JCR464(Jhr)]
Vikramaditya Prasad, J.1. The petitioner a Head Constable/GD in Central Industrial Security Force (force for short), posted at Dhurwa, Ranchi, was departmentally proceeded on following charges :'BAL KRAMANK 7346601345 7346601345 PRAD-HAN/CD MAHESH SHARMA K.AOU.SU.B. H.E.C. RANCHI-4F.F.P. SAMWAY' MEN DINANK 6.3.1998 KO DWITIYA PALI MEN TAINATI KE DAURAN SAMAY LAGBHAG 12.45 KO F.F.P. MUKHYA DWAR PAR BAL KRAMANK 764280157 UP NIRIK-SHAK/KARYA R.N.RAI EBOM BAL KRAMANK 724380187 PRADHAN ARAKSHAK B.K. SHRIVASTAVA KE DICH DUTY KE SAMBANDH MEN KI JA RAHI BAT CHIT KE DAURAN ANABASHYAK RUP SE HASTACHHEP KARATE HUYE KATHIT UP NIRIK-SHAK/KARYA R.N. RAI KE SATH ASAN-SADIYA BHASHAYON KA PRAYOG EBOM ASHOBHNIYA HARAKAT KI TATHA NIYANTRAN KAKCHA MEN RAKHI DUTY REGISTER MEN HAS-TAKCHHAR KARANE KE BABJUD BHI PUNAH NIYANTRAN KAKSHA MEN JAHAN UP NIRIKSHAK/KARYA R.N. RAI KA KALAR PAKADTE HUYE KRIYABASTHA MEN BELT KE NICHE SUVYA DHARIT JUNGLE SHOE SE EK LAT MARA, JISKA NISHAN PENT PAR ANKIT HAI. BAL KRAMANK 7...
Tag this Judgment!Union Bank of India Etc. Vs. Y.N. Mishra (Sri) and ors. Etc.
Court: Jharkhand
Decided on: Oct-03-2002
Reported in: [2003(1)JCR218(Jhr)]
M.Y. Eqbal, J. 1. These appeals arising out of judgments and decrees passed in the suits by the Sub-Ordinate Judges exercising original jurisdiction have been listed for passing appropriate order for transfer of these pending appeals to the Courts of concerned District and Additional District Judges for disposal in the light of the recent amendment made in Bengal, Agra and Assam Civil Court Act, 1887.2. To amend Bengal Agra and Assam Civil Court Act. 1887 (in short the Act of 1887) in its application to the State of Jharkhand the Legislature of Jharkhand enacted Bengal, Agra, and Assam Civil Court (Jharkhand Amendment) Act, 2002 (Act 11 of 2002) whereby certain provision of 1887 Act has been amendment.3. By the aforesaid Amendment Act, 2002 the pecuniary appellate jurisdiction of the District Courts has been increased to Rs. 2,50.000/-.4. I have heard at length Mr. Debi Prasad learned Sr. counsel appearing for the appellant. I also invited other counsels to make their submissions and t...
Tag this Judgment!Workman Kirtan Sawai Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Oct-03-2002
Reported in: [2002(95)FLR1223]
M.Y. Eqbal, J. 1. Heard Mr. S.N. Das, learned counsel for the petitioner and Mr. A.K. Mehta, learned counsel for the respondents.2. Petitioner impugned the order dated 25.8.1994 passed by the Central Government and communicated by the Desk Officer, whereby the industrial dispute raised by the petitioner has been refused to be referred to the competent industrials tribunal for adjudication on the ground that Medical Board which examined the concerned workman assessed his age and that is final.3. The concerned workman is the permanent employee of the respondent 4, Sendra Bansjora Colliery of M/s. B.C.C. Ltd. He received a letter from his employer in 1987 where his date of birth was mentioned as 7.8.1935. In his identity card his date of birth was mentioned as 1.7.1940. According to the concerned workman his actual date of birth is 7.8.1945. The workman raised objection and sought correction of his date of birth. Petitioner was subjected to Medical Examination by Medical Board. The Medica...
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