Jharkhand Court October 2003 Judgments
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Gokul Harijan and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Oct-13-2003
Reported in: 2003(51)BLJR2283; [2004(1)JCR125(Jhr)]
M.Y. Eqbal, J. 1. The petitioners have prayed for quashing the orders passed by the Sub-Divisional Officer and the Deputy Commissioner, Godda and also the Commissioner, Santhal Pargana Division, Dumka whereby in purported exercise of power under the Santhal Pargana Tenancy Act, 1949 cancelled the mutation in respect of the land which was done in favour of the petitioners as far back as in 1972 vide mutation case No. 62/1971-72.2. The petitioners case is that the land comprised within Jamabandi No. 16 of Mauza Billari measuring an area of 6 Bigha 14 Katha and 2 Dhurs was originally recorded in the name of Mostt. Champa wife of Bhukhan Chamar in the last survey settlement record. Mostt. Champa died is-sueless in the year 1937 and as such the then Pradhan of the village settled the land with Bhelu Harijan and Rohin Harijan who were of the same community of the same village. The said Pradhan also fixed the rent for the aforesaid land and started realizing rent from the settlee. After the d...
Kiran Shukla and ors. Vs. Ranchi University and ors.
Court: Jharkhand
Decided on: Oct-13-2003
Reported in: 2003(51)BLJR2282; [2004(1)JCR103(Jhr)]
M.Y. Eqbal. J.1. In CWJC No. 3311/96 the petitioners are aggrieved by the order dated 13.3.1993 as contained in Annexure 2 series by which they have been reverted from the post of Reader to the post of Lecturer. In CWJC 548/97 the sole petitioner is aggrieved by the notification dated 10.1.1997 by which he has been reverted from the post of University Professor to the post of Reader.2. The petitioners of CWJC 3311/96 were appointed on the post of Lecturers. Petitioner No. 1 was appointed on 16.11.1978, petitioner No. 2 on 12.8.1978, petitioner No. 3 on 9.1.1978, petitioner No. 4, on 2.9.1977, petitioner No. 5 on 23.2.1978 and petitioner No. 6 on 13,11.1992. In 1989 since the petitioners completed 10 years of continuous service as Lecturers, they were promoted to the post of Reader vide notification dated 1.9.1989. The said promotion was purely provisional subject to concurrence and approval of the Commission. However, the Commission considered the cases of all the petitioners and found...
Employers in Relation to the Management of Bihar State Mineral Develop ...
Court: Jharkhand
Decided on: Oct-13-2003
Reported in: [2004(1)JCR109(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Mr. A.K. Mehta, learned counsel appearing for the petitioner and Mr. T.K. Das, learned counsel appearing for the respondents.2. The petitioner, the Management of Bihar State Mineral Development Corporation Limited, has challenged the award dated 15.5.1996 passed by Presiding Officer, Central Government Industrial Tribunal (No. 2), Dhanbad, whereby the order of dismissal of the concerned workman has been set aside.3. It appears that in pursuant to order dated 17th March, 1989 for the following dispute was referred to the tribunal for adjudication :'Whether the action of the Management of Bihar State Mineral Development Corporation Ltd., P.O. Koderma, Dist. Hajaribagh In dismissing Shri Munshi Mahto, Dhari of Veloria U.C. Mica Mine from service w.e.f. 23.2.1988 is justified. If not, to what relief the concerned workman is entitled ?'4. The concerned workman was working since 1977 in the establishment i.e. Voloria U.C. Mica Mines under Bihar Mineral Development...
Amrendra NaraIn Singh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Oct-13-2003
Reported in: [2004(1)JCR91(Jhr)]
Tapen Sen, J.1. Heard Mr. Prabhash Kumar, learned counsel for the petitioner and Mr. Rajiv Ranjan Mishra, learned GP-II for the State respondents,2. The petitioner is aggrieved by the order as contained in Annexure 3 passed by the Superintendent of Police, Singhbhum (West) at Chaibasa whereby and whereunder the petitioner was dismissed from service. The petitioner is also aggrieved by the appellate order passed by the Deputy Inspector General oi Police, South Chhotanagpur Range being the order issued on 14.12.1995 (Annexure 4) conforming the order of dismissal.3. Evidently and as is apparent from the enquiry report that has been brought on record by the respondents themselves vide Annexure A in the counter affidavit of the respondent No. 3, the petitioner was proceeded against for the following offences :(a) for refusing to accept a command for being present on duty on 6.12.1991 on the occasion of Bharat Band;(b) for not being present and on duty on the arrival of Swami Shankaracharaya...
Gadia Oraon and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-13-2003
Reported in: [2004(1)JCR237(Jhr)]
ORDER1. Admittedly in the Record of Rights, finally published in the year 1930 names of the appellants ancestors stood recorded as raiyats for the land in question, comprising of an area of 7.15 acres, consisting of Plot Nos. 217, 218, 219, 220 and 292, situated in village Achudih, District Ranchi.2. In the year 1970, the recorded tenants, namely, Lohra Oraon and Chhotu Oraon filed S.A.R. Case No. 37 of 1970-71, under Section 71A of the Chotnagpur Tenancy Act, 1908 (hereinafter to be referred to as 'the Act') for restoration of possession, against Bilia Devi and Phutki Devi, which was dismissed by the Special Officer, S.A.R. Khunti on 23.9.1974 and the said order became final, as neither any appeal nor revision under the said Act was preferred against the said order.3. After a lapse of 17 years thereafter, the appellant No. 2, who is none-else but son of the aforesaid recorded tenant, Lohra Oraon along with appellants Sanichar Oraon filed a fresh application, purporting to be under Sec...
Employers in Relation to the Management of Lodna Area of B.C.C. Ltd. V ...
Court: Jharkhand
Decided on: Oct-13-2003
Reported in: [2004(1)JCR264(Jhr)]; (2004)IILLJ453Jhar
ORDER1. Under Section 10 of the Industrial Disputes Act, 1947, the appropriate Government, at the instance of the workmen, represented by Rashtriya Colliery Mazdoor Sangh. Dhanbad, referred the following dispute for adjudication before the Central Government Industrial Tribunal No. 2 at Dhanbad :'Whether the demand of the union for regularization of Sri Ishak Khan and 26 others (as per list annexed) by the Management of Lodna area of M/s. Bharat Coking Coal Limited is justified? If so, to what benefit the workmen are entitled and from which date ?'2. According to the labour union aforesaid all the 27 workmen were performing jobs in the underground, which were perennial and prohibitory in nature. They were working since 1980 and were engaged in various nature of jobs relating to produc-tion of coal and safety of mines at Lodna area.3. According to the Management there was no relationship of employer and employee between the management and those 27 persons. They were strangers and never ...
Employers in Relation to the Management of Collieries of Tata Iron and ...
Court: Jharkhand
Decided on: Oct-12-2003
Reported in: [2004(1)JCR110(Jhr)]
M.Y. Eqbal, J.1. Heard Mr. G.M. Mishra. learned counsel for the petitioner. No one appears on behalf of the respondents inspite of service of notice.2. In this writ application the petitioner has prayed for quashing the Award passed by the Central Government Industrial Tribunal No. 2, Dhanbad, whereby he has held that the workmen employed in a supervisory capacity in the petitioner's collieries namely Mining Sirdars and Overmen must be promoted in accordance with the instruction issued by the Committee known as the Joint Bipartite Committee for the Coal Industry and not in accordance with petitioner's own promotion policy.3. The Government of India, Ministry of Labour in exercise of power conferred under Section 10 of the Industrial Disputes Act, 1947 referred the following disputes to the tribunal for adjudication vide their order dated 10.9.1986 :'Whether the action of the Management of the Collieries of M/s. Tata Iron and Steel Co. Ltd. in not considering (1) Overmen having Diploma ...
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