Jharkhand Court January 2003 Judgments
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Project Officer-cum-agent Nichitpur Colliery of B.C.C.L. Vs. Smt. Chan ...
Court: Jharkhand
Decided on: Jan-06-2003
Reported in: [2003(4)JCR369(Jhr)]
ORDER1. Respondent's husband Devanand Singh was employed as general Mazdoor in Nichitpur Open Cast Project of M/s. Bharat Coking Coal Limited.2. On 10.3.1997, he performed his duty in the first shift from 8 A.M. to 4 P.M. and thereafter overtime duty till about 6.45 P.M. After his overtime work was over, he returned from his place of duty on his bicycle TO hiS residence at Joghta Fire Project. On the way he was stopped by 6-7 unknown persons and all of a sudden one of them fired at him by pistol from close range which hit his right side abdomen and he succumbed to the injuries sustained.3. His wife filed W.C. Case No. 12 of 1998 under the provisions of Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') demanding a sum of Rs. 2,01,660/- to be paid as compensation.4. The employer contested the case and denied that Devanand Singh met with an accident arising out of and in the course of his employment. The occurrence did not take place in colliery premises rather on ro...
Divisional Manager, Eastern Railway and anr. Vs. Sona Devi
Court: Jharkhand
Decided on: Jan-06-2003
Reported in: [2004(2)JCR621(Jhr)]
ORDER1. Admittedly, Karu, husband of Sona Devi, the sole respondent herein was employed as a Gang man in Dhanbad Division of Eastern Railways. On 28.9.1986, he made complain of stomach pain and reported sick. A sick Memo, Exhibit M-1 was, therefore, given to him on the same day. He was admitted in Gajendih Hospital, from where he as referred to Dhanbad railway hospital for treatment. In course of treatment, he did on 30th September, 1986. According to the death certificate, Exhibit M, cause of his death was peptic perforation and Cardio respiratory failure. At railway hospital, Dhanbad, Karu was surgically operated for Peptic perforation.2. His widow, Sona Devi filed W.C. Case No. 3 of 1990 for compensation under the provisions of the Workmen's Compensation Act, 1923 (hereinafter to be referred to as 'the Act'). She claimed total amount of compensation at Rs. 56,592.96 under the Act.3. The Railway contested the claim on the ground that the workman concerned did not die by an accident a...
Steel India Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-04-2003
Reported in: [2004]138STC121(Jharkh)
ORDER1. In terms of Notification No. S.O. 95 dated April 4, 1994 (which was based upon Industrial Policy Resolution of 1993 giving incentive to the Entrepreneurs) the Deputy Commissioner, Commercial Taxes had granted exemption and issued exemption certificate in form 'B' in favour of the writ petitioner in so far as the payment of sales tax on the purchase of raw material was concerned. Exercising suo motu power of revision under Section 46(4) of the Bihar Finance Act, 1981 the Joint Commissioner of Commercial Taxes issued a notice dated February 26, 1998 upon the petitioner calling upon it to show cause and explain as to why the aforesaid order of the Deputy Commissioner granting exemption from payment of sales tax on the purchase of raw materials be not set aside. Aggrieved by the issuance of the aforesaid show cause and notice, the petitioner filed a writ petition being C.W.J.C. No. 770 of 1998(R). By order dated March 30, 1998 the writ petition was disposed of. The following is the...
Ashok Kumar Singh Vs. Bihar College Service Commissioner and ors.
Court: Jharkhand
Decided on: Jan-03-2003
Reported in: [2003(1)JCR546(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. Heard the parties.2. The writ petition was heard on merit on 3rd May, 2000 and the following order was passed :--'In the High Court of Judicature at PatnaCWJC No.2455 of 1999Ashok Kumar Singh v. Bihar College Service Commission and Ors.3-3.5.2000 This application has been preferred by the petitioner for direction on the respondent-Bihar College Service Commission (Commission for short) to stop interview which has to start from 18th March, 1999 in pursuance of Advertisement No. 10/94 for appointment to the post of Lecturer (Chemistry) in Bokaro Mahila College, Bokaro Steel City.From the pleading made by the petitioner, it appears that the petitioner was appointed in the year 1987. Said appointment was not made on the recommendation of the commission, but by way of ad hoc arrangement by the Managing Committee of the college.No rule/statute framed by the respondents for regularization of temporary Lecturers appointed since 1st March, 1982.In the circumstances,...
Lawjee Vs. Steel Authority of India Ltd. and ors.
Court: Jharkhand
Decided on: Jan-03-2003
Reported in: [2003(96)FLR919]; [2003(1)JCR441(Jhr)]
Tapen Sen, J. 1. Heard Mr. M.P. Singh, learned counsel for the petitioner and Mr. M.M. Banerjea, learned counsel for the respondents.2. The grievance of the writ petitioner is that notwithstanding the death of his father on 14.9.1998 and also notwithstanding the fact that he filed a number of applications for appointment on compassionate grounds the first of which was filed on 2nd March, 1999, the respondents are sitting tight over the matter and have not taken a decision in relation thereto. Mr. M.M. Banerjea, learned counsel for the respondents states that for the purposes of appointment on compassionate consideration there was a memorandum of agreement on 5.7.1989 which inter alia provides at clause 8.10.4 that the question of compassionate appointment shall be considered only in case of death due to accident arising out of and in course of employment. According to the learned counsel for the petitioner, his father had died to Cardiac Respiratory Failure. Mr. M.M. Banerjea, learned ...
Bihar Colliery Kamgar Union Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jan-03-2003
Reported in: [2003(97)FLR540]; [2003(1)JCR499(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. R.S. Majumdar, learned counsel for the petitioner and Mr. Anoop Kumar Mehta, learned counsel for the respondents.2. The grievance of the writ petitioner is that although the dispute specifically related to various persons including Gopal Napit whose name was mentioned at Sl. No. 37 of the letter by which the dispute was raised (Annexure 1), yet the appropriate Government while making reference, annexed a list in which the name of Gopal Napit was wrongly typed as Gopal Nishad [Annexure 'A' appended to Annexure 4 (pages 32 to 34 of this Writ Application)]. The further grievance of the writ petitioner is that at the time of filing of the written statement, this fact was brought to the notice of the learned Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad and at paragraph 21 they specifically stated that it was an inadvertent typing mistake and the name should have been Ganesh Napit and not Ganesh Nishad.3. Mr. R.S. Majumdar, learned c...
Tata Yadogawa Ltd. Vs. Union of India (Uoi)
Court: Jharkhand
Decided on: Jan-03-2003
Reported in: 2003(51)BLJR780; [2003(1)JCR497(Jhr)]
M.Y. Eqbal, J.1. This appeal is directed against the judgment and decree dated 26th April, 1988 passed by Sub-Judge, Ist Court, Seraikella in Money Suit No. 33/60 of 1984 whereby he has dismissed the suit as barred by limitation.2. The plaintiff-appellant filed the aforementioned suit against the respondent-Railway Administration for realization of Rs. 51,612.43 paise being the loss and damages for short delivery of the consignment. Plaintiffs case is that on 15.7.1981 M/s. Ferro Alloy Corporation Ltd. booked the consignment under railway receipt No. 448609, invoice No. 3 from Garibidi railway station for its safe delivery to the plaintiff at Gamhariya railway station in South Eastern Railway. The consignment was booked under railway risk. The total valueof the consignment was Rs. 2,46,730.27 paise. The railway wagon was found in a broken condition in the destination station and consequently open delivery was taken on 17,8.1981. It is alleged that out of 361 bags 26 bags were found and...
Raja Ram Yadav @ Raja Ram Vs. Ram Nath Pandey
Court: Jharkhand
Decided on: Jan-03-2003
Reported in: [2003(1)JCR563(Jhr)]
ORDERM.Y. Eqbal, J.1. The revision application is directed against the Judgment and order dated 12th September, 2002 passed in miscellaneous appeal No. 6/01 whereby the First Additional Judge, Jamshedpur allowed the appeal filed by plaintiff-respondent and set aside the order dated 3.2.2001 passed by Munsif Jamshedpur who refused to grant temporary injunction restraining the defendant from interfering with possession in respect of the suit property.2. The plaintiff-respondent filed the aforementioned suit a decree of permanent injunction against defendant and his men not to disturb the peaceful possession of the plaintiff over the suit land. In the said suit separate application under Order XXXIX, Rules 1 and 2 was filed for the grant of temporary injunction restraining the defendant not to disturb their peaceful possession. The learned Munsif refused to grant injunction holding that admittedly the suit property has been recorded in the revenue record of right in the name of State of B...
Manu Oraon and anr. Vs. Hira Kuer
Court: Jharkhand
Decided on: Jan-03-2003
Reported in: 2003(1)BLJR474; [2003(1)JCR494(Jhr)]
M.Y. Eqbal, J.1. This appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 29.4.1987 passed by Sub Judge II, Gumla in Title Appeal No. 16/9 of 1981/85 whereby he has dismissed the appeal filed by the plaintiffs/appellants and confirmed the judgment and decree passed by the Munsif, Gumla in Title Suit No. 160/69. The plaintiffs/appellants filed the aforementioned suit for declaration that partition deed dated 26.6.1969 is null and void and is not binding on the plaintiffs.2. Plaintiff's case inter alia is that the lands under Khewat 23/1 and 23/2 Bhuinhari and Khatas 245 and 125 of village Pandaria P.S. Sisai, Dist. Gumla, originally belonged to one Sibu Oraon S/o Bandhu Oraon who has been recorded as such in the cadastral survey. Sibu Oraon had two daughters one of whom was married to Bijua and the other daughter was married to Dere Oraon. The further case is that Sibu Oraon, having no son, transferred his lands to his damads. Bijua ...
Gora Koley Vs. Coal India Ltd. and ors.
Court: Jharkhand
Decided on: Jan-03-2003
Reported in: [2003(2)JCR314(Jhr)]
M.Y. Eqbal, J.1. The petitioner seeks a direction upon the respondents to give him promotion on the post of M-I grade retrospectively with effect from 6.4.1996 with all consequential benefits.2. It appears that in 1995 when the petitioner was posted as Superintendent, Mines-cum-Colliery Manager at Dhori colliery a memorandum of charge sheet dated 1.3.1995 was served on him alleging that he failed to perform his duty inasmuch as he has not ensured the safety of the persons engaged in the safety zone; A departmental proceeding was initiated against him which ended in an order dated 17.9.1996 imposing punishment of censure in terms of the provisions of the Conduct Disciplinary Appeal Rules, 1978 of Coal India Limited.3. The grievance of the petitioner is that though he was qualified, eligible and fit for his next promotion to the post of Deputy Chief Mining Engineer (M-I grade) on 6.4.1996 but he was not given promotion because of pendency of a departmental proceeding whereas about 10 jun...
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