Jharkhand Court May 2003 Judgments
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Employers in Relation to the Management of Kuya Colliery of Bharat Cok ...
Court: Jharkhand
Decided on: May-13-2003
Reported in: [2003(3)JCR2(Jhr)]; (2003)IIILLJ992Jhar
P.K. Balasubramanyan, CJ 1. This writ petition has been filed by the management of Kuya Colliery of M/s Bharat Coking Coal Ltd. challenging the award of the Central Government Industrial Tribunal (No. 2) at Dhanbad dated 8.4.93, Copy of the, award is marked Annexure-4. By the said award, the Tribunal directed the Company to give employment to 11 workmen within two months from the date of the publication of the award without back wages. According to the workmen, the 11 were originally appointed as permanent wagon loaders/truck loaders against permanent vacancies. They had been working continuously as wagon loaders/truck loaders and they had put in more than 240 days attendance in each calendar year. All the workmen had absented from duties without taking any prior leave and the management had removed their names from the muster roll without affording them any opportunity of being heard and without paying any retrenchment compensation. Their termination was illegal and arbitrary. At thei...
Gidwar Aghan Oraon Vs. the State of Jharkhand Through the Secretary, L ...
Court: Jharkhand
Decided on: May-13-2003
Reported in: 2003(2)BLJR1215; [2003(3)JCR484(Jhr)]
Vikramaditya Prasad, J.1. Heard the learned Counsel for the petitioner, State and respondent Nos. 3 and 4.2. The question to be answered in this writ is whether a person whose name has been included in the panel for appointment of Public Prosecutor can be appointed as Additional Public Prosecutor?3. The question aforesaid arose out of the facts that the District Magistrate, Gumla, prepared a panel after consultation with the District Sessions Judge and sent it to Government for appointment of Public Prosecutor for the district of Gumla vide Annexure-1. In that panel the names of Shri Bhairav Prasad and Shri Akhari Shrikant Prasad appear at serial No. 6 and 4 respectively but it appears that they were, in fact, appointed as Additional Public Prosecutors for the said district vide Annexure-2 of the writ. By now there is no dispute that the recommendations were not made on the basis of the consultation with the District Judge.4. Section 24(5) of the Code of Criminal Procedure reads as fol...
their Workmen Through the Secretary, Bihar Colliery Kamgar Union Vs. E ...
Court: Jharkhand
Decided on: May-13-2003
Reported in: 2003CriLJ3221; [2003(3)JCR1(Jhr)]
P.K. Balasubranianyan, C.J. 1. In CWJC No. 212 of 94 this Court passed an order dated 5.10.94 directing the management of Kuya Colliery of M/s. Bharat Coking Coal Ltd. to pay the workers involved in that writ petition, their monthly wages in terms of Section 17B of the Industrial Disputes Act. In CWJC No. 212/94 filed by M/s. Bharat Coking Coal Ltd., the management challenges the award of the Industrial Tribunal in Reference No. 55/85 dated 8.4.93 whereby, the Tribunal directed the management to give employment to all the workmen involved in that reference within two months of the publication of the award. It was in that writ petition that the order under Section 17B of the Industrial Disputes Act was passed. The workmen moved this Court by this contempt application contending that the management has willfully disobeyed the direction of this Court and hence, the management was guilty of contempt of Court. In answer to the notice issued by the Court, the management submitted that it had...
Satyapal Verma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-13-2003
Reported in: AIR2004Jhar69; [2003(4)JCR481(Jhr)]
ORDER1. The petitioner claims to be the President of Palamau Pramandal Khan Mazdoor Sangh, Daltonganj (Palamau), the President of the Motor Workers Union (Regd.), Palamau and a resident of the area in question. As such, he claims to be highly concerned and affected by the impugned order dated 14.9.2002, passed by the Chief Conservator of Forests-cum-Chief Wild Life Protector, the State of Jharkhand, prohibiting the plying of trucks loaded with Bauxite or any other major or minor mineral on the Public Works Department Road between Kutmu village and Mahuatanr through Bella Wild Life Sanctuary. The impugned notification has been issued in exercise of power under Section 33(b) and Section 35(8) of the wild Life Protection Act, 1972, as amended.2. It is seen from the map annexed as Annexure-C to the counter affidavit filed by the respondents, that the road in question, as mentioned in the impugned order-(Annexure-1), passes through the area of Palamau Tiger Reserve, Palamau Wild Life Sanctu...
Niranjan Mahli and anr. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: May-12-2003
Reported in: 2003(2)BLJR1593; [2003(3)JCR492(Jhr)]
Tapen Sen, J.1. In the instant writ application, the petitioner prays for quashing the order dated 31.3.1990 (Annexure-4) passed by the respondent No. 4 in S.A.R. Appeal No. 2G-R 15/77-78 whereby and whereunder he held that although from the papers and records it appeared that the lands had been transferred to the petitioners after taking permission under Section 49 of the CNT Act, yet it was not clear as to whether such a permission could have been granted to a private individual in relation to a 'Bhuinhari' land which could be transferred only for charitable and religious purposes. He accordingly remanded the matter to the respondent No. 3 for purposes of making a fresh enquiry and disposal in accordance with law. The petitioner is further aggrieved and prays for quashing the subsequent order dated 11.9.1995 (Annexure-5) passed by the respondent No. 3 in SAR case No. 69/76-77 whereby and whereunder on the basis of a report of the Circle Officer, Lohardaga made over to him on 13.11.19...
Nirmal Kumar Mehta Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-12-2003
Reported in: 2003(2)BLJR1607
Vishnudeo Narayan, J.1. The sole appellant named above has preferred this appeal against the impugned judgment dated 8-1-1990 passed in Sessions Trial No. 204 of 1087 by Shri Sushil Kumar Dwivedi, Sessions Judge, Santhal Parganas, Dumka whereby and whereunder the appellant was found guilty for the offence punishable under Section 324 of the Indian Penal Code and he was convicted but he was released under Section 360(1) of the Code of Criminal Procedure on furnishing bond of Rs. 2,000/- with two sureties of the like amount each for a period of one year to keep peace and to maintain good bahaviour. However, the appellant was not found guilty for the charge under Section 306 of the Indian Penal Code.2. The prosecution case has arisen on the basis of fardbeyan (Ext. 3) of P.W. 4, Rewa Devi, daughter of P.W. 6, Arjun Kumar Mehta recorded by S.I. B.D. Prasad of Dumka P.S. in Sadar Hospital, Dumka on 26-7-1986 regarding the occurrence which is said to have taken place between 21.00 hours and ...
Bharat Coking Coal Limited and anr. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: May-12-2003
Reported in: 2003(3)BLJR1797; [2004(2)JCR382(Jhr)]
1. Heard both sides. The prayer in the writ petition filed by Bharat Coking Coal Ltd. and its Area General Manager, is for the issue a writ of certiorari to quash the communication sent by the Deputy Commissioner cum District Registrar, Dhanbad calling upon the first petitioner not to purchase any raiyati piece of land without permission as required under Section 49 of the Chotanagpur Tenancy Act and calling for certain details regarding lands purchased by the first petitioner and practically, for a declaration that the sale deeds executed by persons other than occupancy raiyats belonging to the Scheduled Tribes and Scheduled Castes or Backward community, are not hit by Sections 46 and 49 of the Chotanagpur Tenancy Act and for other consequential reliefs. According to the petitioners, in a case, where the occupancy raiyat did not belong to the Scheduled Tribes, Scheduled Castes or Backward communities the sale is not hit by Section 46 of the Act, specially in the context of further pro...
Sarjug Turi and ors. Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-12-2003
Reported in: 2003CriLJ2864
Deoki Nandan Prasad, J.1. This criminal appeal is directed against the judgment of conviction and order of sentence dated 22-2-1991 passed by 2nd Additional Sessions Judge, Dumka Camp at Jamtara in Sessions Case No. 441/12 of 1986/87 whereby and whereunder the learned Trial Court convicted appellant Nos. 1 and 2 under Section 307 of the Indian Penal Code whereas appellant No. 3 was convicted under Section 323 of the Indian Penal Code and appellant Nos. 1 and 2 were sentenced to undergo rigorous imprisonment for seven years under Section 307 of the Indian Penal Code, whereas appellant No. 3 has been released on furnishing a probation bond of Rs. 2,000/- with two sureties of the like amount with a direction to keep peace and be of good behaviour for one year.2. The case of the prosecution in brief is that on 23-8-1986 at about 11.30 a.m. while the informant Gujar Turi was returning home and reached near the house of accused Sarjug Turi, all of a sudden, all the four accused persons inclu...
Shiv Dani Singh Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-12-2003
Reported in: 2004CriLJ338
Deoki Nandan Prasad, J.1. This appeal is directed against the judgment of conviction and sentence passed by the learned Sessions Judge, Dumka in-Sessions case No. 61 of 1990 registered under Section 304, I.P.C. but the trial Court convicted, the appellant under Section 304A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year.2. The prosecution case in brief is that on 31-1-1989 in the evening accused/appellant Shivdani Singh, who was then posted as Head Constable at Nala Police Station was on duty at Pitch road. The Informant, Mansu Murmu (PW-5) was bringing rice after husking the same in the bullock cart. The deceased Subodhan Hembram aged about 15 years was driving the bullock cart and when the said cart reached near the house of Mansu Murmu, the appellant asked to stop the cart. The deceased, Subodhan Hembram did not understand the order of the accused and as such he did not stop the cart and thereafter the appellant assaulted him with Lathi on h...
G.B. Engineers Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-09-2003
Reported in: 2003(2)BLJR1643; [2003(3)JCR450(Jhr)]
ORDER1. Heard both sides. 2. The prayer in this writ petition is for the issue of a writ of mandamus, directing the respondents to issue refund vouchers for the balance amount' of tax deducted at source by the principals of the petitioner, a works contractor, and deposited with the Commercial Taxes Department, in terms of the order passed by this Court on 15.10.2001 in WP (T) No. 4039 of 2001 and also for a writ of mandamus, directing the respondents to grant statutory interest on the money so refunded and to be refunded in terms of the order passed by this Court earlier. 3. According to the petitioner, when the orders of assessment for the assessment years 1994-95 to 1999-2000 were issued to the petitioner, demands were made, ignoring the taxes deducted at source by the principals of the writ petitioner. It was in that context that the writ petitioner approached this Court with CWJC No. 4039 of 2001. By judgment dated 15.10.2001, this Court, taking note of the fair stand adopted by th...
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