Jharkhand Court October 2003 Judgments
Meera Devi Vs. Steel Authority of India and ors.
Court: Jharkhand
Decided on: Oct-18-2003
Reported in: [2004(101)FLR307]; [2004(1)JCR107(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. In both the cases, as common question of law involved, they were heard together and are being disposed of by this common order.2. The husband of petitioner Meera Devi, Late Biranchi Sharma of WP(S) No. 3439 of 2003 was an Ex-fitter in Bokaro Steel Limited (hereinafter referred to as the BSL) under the Steel Authority of India Ltd. (hereinafter referred to as the SAIL), died in harness in the year, 1990. The application of Smt. Meera Devi for compassionate appointment having rejected by the Deputy General Manager, I/C (Personnel) of BSL, SAIL, the petitioner has challenged the letter No. DGM I/C (Pers)}/2002-4487 dated 8th October, 2002.The gist of the letter reads, as follows : '3. Our records reveal that after death of your husband viz. Late B. Sharma, you had applied for allowing benefits under Company's Employees' Family Benefits Scheme (EFBS) vide your application dated 17.3.1992, on your own volition. The said request was granted by the management and ...
Tag this Judgment!The Workman of Gondudih Colliery Rep. Through the General Secretary Mi ...
Court: Jharkhand
Decided on: Oct-18-2003
Reported in: [2004(1)JCR135(Jhr)]
Tapen Sen, J.1. The petitioner, in the instant case, has prayed quashing the award dated 4.1.2002 passed by the Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad in Reference Case No. 91 of 1995 (Annexure 16) whereby and whereunder it was held that the action of the management in superannuating the concerned workman with effect from 1.7.1993 or 7.7.1993 or 17.10.1993 was justified and therefore, she was not entitled for any relief.2. The case of the petitioner, as pleaded is that the concerned workman joined service as a Creche Nurse in March, 1958 in Samla Dalur Bandh Colliery and her name was duly recorded in Form 'B' Register and she also qualified herself to become a member of the Coal Mines Provident Fund (C.M.P.F.) Form 'A' was filed up through the management and her date of birth was recorded as 4.11.1938 both in the Form 'B' Register maintained in the colliery and also in Form 'A' maintained in C.M.P.F. Office at Asansol. Subsequently she gave up her work...
Tag this Judgment!Bihar Caustic and Chemical Ltd. Through Its Managing Director Sri K.K. ...
Court: Jharkhand
Decided on: Oct-18-2003
Reported in: 2003(3)BLJR2269
Amareshwar Sahay, J.1. The order dated 18-7-1996 in Misc. Case No. 26 of 1992 passed by the Presiding Officer, Industrial Tribunal, Ranchi is under challenge in this writ applications, whereby the learned Tribunal rejected the application of the petitioner-company filed under Section 33(2)(b) of the Industrial Disputes Act (hereinafter referred as the 'Act' for the sake of convenience) and thereby disapproved the action of the management in dismissing the workman, Lalandeo Singh, after holding that he workman-respondent No. 2 was victimized and the petitioner-company committed unfair labour practice by dismissing the respondent No. 2.2. The facts of the matter in short, which are relevant for the purpose of deciding . the present writ application, are as under :The Managing Director of the petitioner-company was assaulted within the factory premises by some outsides, According to the petitioner with the connivance of the respondent No. 2 who was a Security Guard and was on duty at the ...
Tag this Judgment!Amod Bala Mandal Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-18-2003
Reported in: [2004(2)JCR238(Jhr)]
1. Heard the parties. There Is a delay of 53 days in filing the appeal and the appellant has filed I.A. No. 1441 of 2003 at flag 'L' to condone the said delay, We are satisfied that proper explanation for the said delay has been furnished. So the delay in filing the appeal is condoned.2. On 24.11.1984, the appellant was selected as Anganbari Sevika by the village Aam Sabha to run the Integrated Child Development Services Centre at village Jamdoha-Barodih, under Ichagarh Child Development Project. In lieu of the social services rendered by her, she was getting honorarium. Subsequently, on 1.10.1996, in the general meeting of the villagers and the Selection Committee at Bandu Panchayat Bhawan, it was unanimously resolved that the appellant was found completely unfit as Anganbari Sevika because her conduct was found unsatisfactory and thereupon recommendation was made for her termination as Anganbari Sevika, which was approved by the Deputy Development Commissioner, West Singhbhum,, after...
Tag this Judgment!Sanjay Kumar Thakur Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-17-2003
Reported in: [2004(2)JCR484b(Jhr)]
ORDERAmareshwar Sahay, J.1. This writ petition has been preferred by petitioner to direct the respondents to pay salary for the month of September, 2003 from Potka Block or to pass appropriate order so that the petitioner may draw salary.2. According to petitioner, she was transferred by order dated 3rd September, 2003 from Potka Block to Gama Block in the district of Giridih. He preferred a writ petition WP (S) No. 4521 of 2003 against the order of transfer on the ground that the Controlling Officer of the transferred post is junior to him. A Bench of this Court vide order dated 10th September, 2003, while did not choose to interfere with the order of transfer, allowed the petitioner to file representation before the competent authority. Thereafter, he has preferred a representation before the Secretary, Social Welfare, Women and Child Development Department, Government of Jharkhand but no final order has been passed on his representation. He has hot yet been relieved from Potka Block...
Tag this Judgment!Bibi Kulsum Vs. Commissioner, South Chotanagpur Division and ors.
Court: Jharkhand
Decided on: Oct-17-2003
Reported in: [2004(1)JCR418(Jhr)]
P.K. Balasubramanyan, C.J.1. This appeal by the petition in CWJC No. 1420 of 1989(R) challenges the dismissal of the writ petition by a learned Single Judge. In the writ petition, the appellant had challenged the orders passed by the three authorities in proceedings under Section 71-A of the Chotanagpur Tenancy Act. In the proceedings under Section 71-A of the Chotanagpur Tenancy Act, the Sub-Divisional Officer, Lohardaga, held that respondent No. 4 herein, was entitled to an order for restoration of the holding. The Sub-Divisional Officer held that the land was outstanding with the predecessor of respondent No. 4. The landlord had filed Title Suit No. 224 of 1925 which was dismissed. An appeal from the said decree, Title Appeal No. 3 of 1928, was also dismissed. The matter was taken up in Second Appeal No. 1849 of 1930 and that was also dismissed. The appellant claims through the ex-landlord. The Sub-Divisional Officer therefore held that in view of the outstanding tenancy in favour o...
Tag this Judgment!Bishwanath Hari @ Bishun Hari Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-16-2003
Reported in: [2004(1)JCR119(Jhr)]
ORDERTapen Sen, J.1. The petitioner, in the instant case, has prayed for issuance of an appropriate writ for quashing the order dated 24.1.1996 referred to in the Memo dated 15.2.1996 (Annexure 5) by which it was inter alia informed that no compassionate appointment can be given to an adopted son and consequently the application filed by the petitioner stood rejected.The petitioner has also prayed for an appropriate direction upon the respondents to provide compassionate appointment to him on account of the death of his adoptive father, late Jagan Hari who died in harness while working under the respondents.2. According to the petitioner, Jagan Hari (father of the petitioner) was a permanent Grade IV employee working in the Patliputra Medical College and Hospital, Dhanbad and since he was issueless, he had adopted this petitioner as his son on 11.1.1978 in the presence of villagers and after following customs and usage. On 11.2.1995, the said Jagan Hari died in harness leaving behind h...
Tag this Judgment!Mohan Mahto Vs. Central Coalfields Ltd. and ors.
Court: Jharkhand
Decided on: Oct-15-2003
Reported in: [2003(4)JCR612(Jhr)]
ORDERM.Y. Iqbal, J.1. Petitioner has prayed for quashing the orders communicated vide letters dated 3.8.2000, 11.12.2000 and 21.1.2002 whereby his application for compassionate appointment has been rejected by the respondents and further for a direction upon the respondents to appoint him under the provisions of Clause 9.3.2 of National Coal Wage Agreement-VI.2. Petitioner's case is that his father late Rajeshwar Mahto was a regular employee of respondent-CCL and was posted at Kujur Colliery. He died in harness on 23.2.1997. After his death, petitioner submitted his application on 25.10.1997 for appointment on compassionate ground. On submission of application, petitioner was asked to wait till he attains 18 years of age. It is contended by the petitioner that after attaining majority he submitted another application on 26.9.1999, which was rejected on the ground of nonavailability of his name in the live roster and also on the ground of late submission of application. Petitioner prefe...
Tag this Judgment!Mrinal Kanti Manjhi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-15-2003
Reported in: [2004(1)JCR105(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ petition has been preferred by petitioner against the order No. 4/98 dated 18th March, 1998 and 23rd August, 1998 whereby and whereunder direction was given and the given and the appointment of petitioner from the post of Dalpati was terminated.2. The order No. 4/98 dated 18th March, 1998 has been issued on the ground that there is no provision made for the post of Dalpati under the Bihar Panchayat Raj Act, 1993 which came into effect from 23rd August, 1993.3. The brief fact of the case is that the petitioner and some others were appointed as Dalpati after promulgation of Bihar Panchayat Raj Act, 1993. In the Bihar Panchayat Raj Act, 1993 or subsequent rule framed therein, there is no provision made for the post of Dalpati for certain period which was the ground to terminate the services of petitioner and others.4. Similar matter fell for consideration before a Division Bench of the Patna High Court in the case of Basudeo Besra v. Union of India a...
Tag this Judgment!Usha MartIn Black (Wire-rope) Ltd. Now Usha MartIn Industries Vs. Unio ...
Court: Jharkhand
Decided on: Oct-15-2003
Reported in: [2004(1)JCR88(Jhr)]
ORDERM.Y. Eqbal, J.1. The petitioner has challenged the order dated 6.9.1997 passed by the Circle Officer, Town Anchal, Ranchi in Land Encroachment Case No. 2/88 and also the order dated 16.7.2001 passed by the Deputy Commissioner, Ranchi in Land Encroachment Appeal No. 333(R) 15 of 1998-99 whereby the petitioner has been directed to remove the encroachment over 0.72 acres of land bearing R.S. Plot No. 1981 of Khata No. 252 situated at village Booti PS Sadar, district Ranchi. The said orders have been passed in a proceeding initiated under the Bihar Public Land Encroachment Act, 1956.2. Mr. Debi Prasad, learned senior counsel appearing on behalf of the petitioner assailed the impugned orders mainly on the ground that there is serious disputed question of title with respect to the land in question and such dispute with regard to title and possession cannot be decided in a summary proceeding under the said Act. Learned counsel put reliance on the decisions reported in AIR 1955 Pat 1; 199...
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