Jharkhand Court November 2002 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Employers in Relation to the Management of Bastacolla Colliery of B.B. ...
Court: Jharkhand
Decided on: Nov-27-2002
Reported in: [2004(1)JCR326(Jhr)]
ORDER1. At the instance of Janta Mazdoor Sangh, Jharia, the Government of India in exercise of powers under Section 10(1)(d) of the Industrial Disputes Act, 1947, referred the following dispute for adjudication before the Central Government Industrial Tribunal No. II at Dhanbad :'Whether the action of the management of Bastacolla Colliery of M/s. Bharat Coking Coal Ltd. P.O. Jharia, district Dhanbad in dismissing Sri Rajendra Singh from the services of the Company w.e.f. 14.5.1989 is justified If not, to what relief the workman is entitled ?'2. On 10th May, 1999, the tribunal gave award In favour of Rajendra Singh to the effect that he was entitled to an order of reinstatement and that too with full back wages. The management was, therefore, directed to reinstate the concerned workman and pay full back wages.3. The employers in relation to the Bastacolla Colliery of M/s. Bharat Coking Coal Ltd. challenged the said award vide C.W.J.C. No. 2386 of 1999(R) in this Court, which was dismiss...
Steel Authority of India Ltd. (Sail) Vs. Presiding Officer, Labour Cou ...
Court: Jharkhand
Decided on: Nov-27-2002
Reported in: [2004(1)JCR422(Jhr)]
ORDER1. Heard the parties. Shivraj Prasad, father of Om Prakash was employed as driver in Bokaro Steel Plant. His elder son, K.K. Khuswaha was also employed as driver in the plant. Shivraj Prasad died in harness. His widow applied for appointment of her second son, namely, Om Prakash, on compassionate, ground, concealing the fact that her elder son K.K. Khuswaha was already employed as driver from before. Request of widow of deceased driver was considered compassionately and Om Prakash was appointed as Junior Yard Porter, on casual basis in December, 1988. He served the plant from 22.12.1988 to 4.11.1989. It is stated that on oral order dated 5.11.1989 of the Officer of the plant, without giving opportunity to him, his service was terminated for the reason that his elder brother was already employed in the plant.2. At the instance of Om Prakash the Appropriate Government, on 22.2.1994, made reference of the following dispute raised by him, under Section 10(1)(d) of the Industrial Dispu...
Bishwanath Mahato and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Nov-26-2002
Reported in: [2003(1)JCR527(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. H.K. Mahato, learned counsel for the petitioner and Mr. R.S. Mazumdar, learned Government Advocate.2. The grievance of the writ petitioners in the instant case is that notwithstanding a specific direction having been made by this Court in an earlier writ petition on 22.9.2000 in CWJC No. 3283 of 2000 (R), the respondents totally veered off at a tangent and issued the order dated 25.4.2001 using words which are totally incorrect and erroneous on the fact of the record. According to the writ petitioners, they were appointed in the year 1995 and from January, 1996 the petitioner Nos. 4, 5 and 6 were not given any salary and similarly from May, 1996 the petitioner Nos. 1 to 3 were not paid their respective salary.3. The petitioners have asserted that they were appointed as Village Extension Worker pursuant to an advertisement issued in 1990 whereas the respondents have stated that they were appointed under the World Bank Agricultural Extension Project and the...
Ram Babu Yadav Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Nov-26-2002
Reported in: [2003(1)JCR317(Jhr)]
1. The Secretary-cum-Inspector General of (Registration), Government of Bihar, Patna issued an order on 30th June, 2001 to terminate the services of the petitioner. In pursuance of the said order the Inspector General of (Registration), Government of Jharkhand, Ranchi terminated the services of petitioner vide impugned order dated 29th December, 2001.2. The stand taken by respondents is that the petitioner was appointed in violation of order dated 7th October, 1993 passed by the Patna High Court in CWJC No. 3868/1993, Ashok Kumar Singh and others v. State of Bihar and Ors. and in view of notice issued by the Patna High Court in a contempt proceeding.3. According to petitioner he was appointed after due selection and his appointment was not made in violation of the order passed by Patna High Court in CWJC No. 3668/1993.4. For determination of the issue whether the petitioner was appointed in violation of order passed by the Patna High Court or not it is better to quote the order dated 7...
Shivnandan Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Nov-26-2002
Reported in: [2003(2)JCR127(Jhr)]
Tapen Sen, J.1. Heard Mr. Kishor Kumar Mishra, learned counsel for the petitioner and Mr. Suresh Kumar learned J.C. to AAG.2. In a criminal case under the provisions of Sections 25 and 26 of the Arms Act, the petitioner was arrested and sent to Jail. He remained in Jail during the period 14.9.1994 to 30.6.1996 whereafter he was released. In the mean time having been convicted/sentenced, the petitioner preferred Criminal Appeal No. 14 of 1996, which was decided by the First Additional Session Judge, Palamau on 28.1.1996 and the petitioner was acquitted. A copy of the judgment is Annexure-1. Twelve months thereafter, i.e., on 23.12.1996 the Petitioner was put under suspension for having remained in Jail during the aforementioned period and the ground assigned was that he had not furnished adequate information to the Senior Officers in relation to his having been sent to Jail. The order of suspension was passed on 23.12.1996 but it was made retrospective with effect from 14.9.1994. The Pe...
industrial Resources and Monolithic Pvt. Ltd. Vs. Jharkhand State Elec ...
Court: Jharkhand
Decided on: Nov-26-2002
Reported in: [2003(2)JCR295(Jhr)]
ORDER1. This appeal is directed against the Judgment dated 30th September, 2002, whereby the learned single Judge dismissed the writ application filed by the appellant challenging the order dated 19th January, 2002 passed by the General Manager-cum-Chief Engineer, Ranchi Area Electricity Board of the Jharkhand State Electricity Board. In the order dated 19th January, 2002 which the petitioner had challenged in the aforesaid writ application before the learned single Judge, the General Manager -Cum-Chief Engineer, Ranchi Area Electricity Board (respondent No. 2 in this appeal) while disposing of the appellant-writ petitioner's claim for remission etc. held finally that for (he period 1992-93 to 1998-99 the appellant-writ petitioner, after the grant of remissions was liable to pay A.M.G charges to the tune of Rs. 6,63,499.00 and further, as the respondent No. 2 had found that the appellant was guilty of not paying/depositing the A.M.G charges in time he was liable to pay the Delayed Paym...
Rambriksha Gupta Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Nov-26-2002
Reported in: [2003(4)JCR206(Jhr)]
ORDER1. Admittedly, 69 decimals land, bearing Plot No. 558 was ancestral raiyati land of respondents 5 to 19. Appellant claimed to have purchased the same orally, sometime in the year 1951, from Dhibu Oraon, son of Dumba Oraon. Subsequently descendants of recorded tenant filed Title Suit No. 988 of 1966 against the appellant, which was disposed of in terms of compromise on 11th May, 1967and oral transfer by Dhibu in favour of appellant's ancestor was accepted.2. In respect of the said 69 decimals land, Respondents 5 to 19 filed S.A.R No. 177 of 1985,86 in the Court of Special Officer, Ranchi, under Section 71-A of the Chotanagpur Tenancy Act, 1908 (hereinafter to be referred to as 'the Act') against the appellant and others for restoration, which was allowed on 23.3.1992 and the said order was also affirmed in appeal and revision by the appellate as well as revisional authorities under the Act. Appellant thereafter preferred CWJC No. 965 of 1999 (R) in this Court, which was also dismis...
Braj Bhushan Singh Vs. Basanti Devi and anr.
Court: Jharkhand
Decided on: Nov-25-2002
Reported in: [2003(4)JCR315(Jhr)]
ORDERGurushan Sharma, J. 1. Basanti Devi respondent No. 1 died issueless on 28.2.2002. Her husband Kanhi Ram Bhadani is traceless since more than last seven years. Appellant, therefore, named her husband's Mother Loknath Ram Bhadani in I.A. No. 728 of 2002 (at nag 'P') to be substituted in her place. Nephews and grand sons of late Raghunandan Ram, father of deceased respondent No. 1 filed I.A. No. 1215 of 2002 (at flag 'M') under Order I, Rule 10 of the Code of Civil Procedure for being added as party- respondents in her place. One Ayod-hya Ram, one of the nephews of father of deceased respondent No. 1 filed petition (at flag 'Q') claiming himself to be the adopted son of Raghunandan Ram for being added in place of deceased respondent No. 1. Hence, there are three sets of claimants to be substituted. Admittedly, the suit property belonged to the mother of Basanti Devi, who had executed a Will dated 13.10.1980 in favour of her daughter. However, after her death respondent No. 1 being th...
Md. Zakaria and ors. Vs. Md. Aslam and ors.
Court: Jharkhand
Decided on: Nov-25-2002
Reported in: [2003(4)JCR620(Jhr)]
Gurusharan Sharma, J.1. Defendants are appellants. Plaintiffs tiled suit for declaration that deed of gift dated 16.3.1962 (Exhibit D) executed by Mostt Mahtabo in favour of Mostt. Aziman, the sole defendant was void and inoperative and she did not acquire any right, title and interest in the properties mentioned therein.2. Plaintiffs grand father Gulam Hussain Khalifa @ Meghun Khalifa left behind two widows, namely, Amiran and Mehtabb. Shakoor was his son from his first wife Amiran and Ibrahim, the plaintiffs' father and Aziman, the defendant were respectively his son and daughter from his wife Mahtabo.3. According to the plaintiffs, after death of Gulam Hussain Khalifa there was partition between Shakoor and Ibrahim, wherein property involved in the present suit was allotted to Ibrahim. After death of Shakoor, plaintiffs also succeeded to the estate left by him.4. Plaintiffs further case was that their grand father had acquired the properties in suit in the name of his wife Mahtabo. ...
Dy. Chief Mining Engineer, North Tisra Colliery, Bcc Ltd. and ors. Vs. ...
Court: Jharkhand
Decided on: Nov-25-2002
Reported in: [2004(2)JCR136(Jhr)]
ORDER1. After nationalization and take over of North Tisra Colliery by M/s. Bharat Coking Coal Limited, Dhanbad, with effect from 1.5.1972, the management introduced uniform policy to pay Category I wages to all the workers. Ten Clay Cartridge Mazdoors of North Tisra Colliery, including Rain Swamp Paswan, deceased father of the respondent No. 1 raised industrial dispute and the Central Government referred the following dispute to the Central Government Industrial Tribunal No. 2, Dhanbad, under Section 10 of the Industrial Disputes Act, 1947.Whether the demand of the workmen of North Tisra Colliery of M/s. Bharat Coking Coal Limited, PS Khas Jeenagora, District Dhanbad that the management should treat Sarvashri Ram Swarup Paswan, Hira Yadav, Sushila Ravidasin, Rohan Rajwar, Be-hari Bhuiya, Ganesh Bhuiya, Jogish Bhuiya, Sadhu Bhuiya, Suraj Narayan and Hari Narayan Singh, Clay Cartridge Mazdoors as their workmen and that they should be paid Category I wages is justified? If so, to what re...
- ‹ Prev
- 1
- 2
- 4
- 5
- Next ›
- Last »