Jharkhand Court June 2003 Judgments
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Steel Authority of India Ltd. Vs. Hriday Nath Pandey and ors.
Court: Jharkhand
Decided on: Jun-12-2003
Reported in: [2003(3)JCR108(Jhr)]
M.Y. Eqbal, J.1. In this writ application the petitioner has prayed for quashing the award dated 7.1.1994 passed by the Presiding Officer, Labour Court, Bokaro Steel City, Bokaro in reference case No. 11/ 92 whereby he has directed the petitioner to reinstate the respondent-workmen in service with full back wages, continuity of service and other consequential benefits.2. It appears that the appropriate Government by notification dated 17th July 1992 referred the following dispute for adjudication :'Whether the termination of Shri Hriday Nath Pandey, staff No. 266553 Recorder-cum-Issuer Changer (S-2) Steel Melting Shop (Operation) Bokaro Steel Plant, Bokaro, from service isproper. If not whether he should be reinstated or compensation be paid.'3. The concerned workman was absented from duty unauthorisingly and therefore action was taken by the petitioner-management and his services was terminated on 4.7.1980. The concerned workmen thereafter raised industrial dispute in 1990 and appropr...
Employers in Relation to the Management of Moonidih Project of Bccl Vs ...
Court: Jharkhand
Decided on: Jun-12-2003
Reported in: [2003(3)JCR605(Jhr)]
M.Y. Eqbal, J.1. The petitioner who is the Management of Moonidih Project of M/s Bharat Coking Coal Limited, has prayed for quashing the award dated 28.9.1992 passed by the Presiding Officer, Central Government Industrial Tribunal (in short the 'Tribunal') in Reference Case No. 307/87 whereby he has set aside the order of dismissal of the concerned workman from service and directed for reinstatement but without back wages.2. In appears that the Government of India, Ministry of Labour, in exercise of powers conferred upon them under Section 10(1)(d) of the Industrial Disputes Act, 1947, referred the following dispute to the Tribunal for adjudication :'Whether the action of the Management of Moonidih area, Moonidih of M/s Bharat Coking Coal Limited, Dhanbad in dismissing Shri Puttar Mahato, PRM T.No. 5815 from the service of the company with effect from 24.12.1986 is justified? If not, to what relief is the workman entitled.'3. The concerned workman, Puttar Mahato was in the employment o...
Arun Kumar Trivedi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-03-2003
Reported in: [2003(3)JCR97(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ application the petitioner has prayed for issuance of appropriate writ in the nature of certiorari for quashing the letter dated 25.9.2002 as contained in Annexure-17 to the writ petition issued under the signature of respondent No. 4 whereby the authority of the Jharkhand State Electricity Board declined to accept the joining/services of the petitioner in the Jharkhand State Electricity Board (in short JSEB).2. Petitioner's case is that he was appointed in the service of Bihar State Electricity Board (in short BSEB) and was working as Electrical Executive Engineer, After the creation of State of Jharkhand with effect from 15.11.2000 the JSEB was created and started functioning with effect from 10.1.2001. As soon as JSEB was created, the services of the petitioner was requisitioned by the State of Jharkhand for working as Technical Secretary to the Power Minister of the State of Jharkhand and the petitioner said to have started working with Power Mini...
Maharaj Sharan Singh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jun-03-2003
Reported in: [2003(3)JCR103(Jhr)]
M.Y. Eqbal, J. 1. In this writ application the petitioner has prayed for quashing the order dated 4.4.1994 whereby the Member Board of Revenue Bihar, Patna set aside the order of the Commissioner and allowed the appeal filed by respondent No. 5 and held that respondent No. 5 is senior to the petitioner. 2. The petitioner's case is that he was appointed as Lower Division Assistant on 14.4.1956 and was promoted to Upper Division Clerk in 1961. In 1973 when Giridih district was bifurcated from Hazaribagh District, the petitioner was promoted as Selection Grade Assistant w.e.f. 1973 and his services was transferred to Giridih District. He was confirmed on the post of Upper Division Clerk and on the post of Selection Grade Assistant on 29.8.1978 and 1.10.1978 respectively. The petitioner said to have passed accounts examination in 1961 and was promoted to Super Selection Grade on 1.4.1981. According to the petitioner respondent No. 5 jointed on the post of Lower Division Assistant on 29.6.1...
Weldon Vyapar Private Ltd. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-03-2003
Reported in: [2003(3)JCR95(Jhr)]
M.Y. Eqbal, J.1. In this writ application the petitioner seeks a direction upon the respondents to disburse the capital investment subsidy in terms of the policy decision of the Government.2. The case of the petitioner is that it being attracted by the Industrial Policy of the Bihar Government announced in 1993 took a decision to set up an industry. Under the said Industrial Policy 1993 one of the incentive was that the Industries coming Into production between 1st April 1993 and 31st March 1998 will be entitled to subsidy on the capital investment to the tune of 15% or 5 Lacs whichever is less on the investment made in the plant and machinery. The petitioner established an industry and the said industry was registered as Small Scale Industry with the Industries Department. According to the petitioner the production of steel cast iron and sheets was started from 28.12.1997. The petitioner applied for disbursement of capital subsidy to the tune of Rs. 2,26,603/- being 15% of the total i...
Jai Nath Ram Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-03-2003
Reported in: [2003(3)JCR112(Jhr)]
M.Y. Eqbal, J.1. In this writ application the petitioner has prayed for quashing the order as contained in letter 65 dated 26.2.2002 issued by the Regional Director, Health Services, Santhal Pargana Division, Dumka whereby he directed the Civil Sur-geon-cum-Chief Medical Officer, Deogharto revert the petitioner on his original post of Peon.2. The petitioner's case is that he was appointed as Class IV employee on daily wages basis in 1979. In 1984 he was regularized in Class IV post against the sanctioned vacant post of Male Ward Attendant. In the year 1990 the petitioner wasprovisionally promoted in Class III post as Statistical Assistant vide memo No. 1599 dated 15.10.1990 issued by the Civil Sur-geon-cum-Chief Medical Officer, Deoghar. In the year 2001 when petitioner was posted as clerk in Additional Primary Health Centre, Baghmara he was transferred on his representation to Sadar Hospital, Deoghar as Store Keeper. It is contended that surprisingly he received the impugned letter wh...
Pabitra Das Vs. Lachmi Narayan Gupta and ors.
Court: Jharkhand
Decided on: Jun-03-2003
Reported in: [2003(3)JCR94(Jhr)]
M.Y. Eqbal, J.1. This revision application at the instance of the petitioner, decree holder is directed against the order dated 29.11.2002 passed by Munsif, Chaibasa in execution case No. 6(s)/1992 whereby he has dismissed the application filed by the petitioner for restoration of execution case No. 6 of 1992 and for giving delivery of possession of the portion of the suit property.2. The facts of the case lies in a narrow compass.3. The petitioner filed Title suit No. 9/91 and obtained a decree for recovery of possession of the land comprised within Khata No. 1172, Plot No. 21/5043 measuring an area of 0.21 acres. The petitioner then levied Execution case No. 6/92 for delivery of possession of the said land. On 7.7.1998 delivery of possession of the land was effected and a report to that effect was submitted by the Nazir of the Court. On submission of the report since no objection was raised by the petitioner-decree holder the execution case was dismissed on 21.7.1998 on full satisfac...
Diwakar Tiwary Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-03-2003
Reported in: [2003(3)JCR104(Jhr)]
M.Y. Eqbal, J.1. The petitioner has prayed for quashing the order dated 16.2.2001 passed by respondent No. 2, Deputy Commissioner-cum-District Registrar. Palamau in Impounding case No. 7/95-96/- directing the executant of the deed to deposit a sum of Rs. 99,099/- being the deficit amount of stamp duty and fee.2. The facts of the case lies in a narrow compass.3. Respondent No. 5 Mostt. Pan Kuer wife of Ram Lakhan Tiwary now deceased executed a deed of gift in favour of five sons of her brother-in-law and one grand son in respect of her 1/4th share in the joint family property. The deed of gift was presented before the Sub-Registrar Palamau and was duty registered on 21.5.1995. It is worth to mention here that the value of 1/4th share of her property gifted was shown as Rs. 45,000/- and requisite stamp and registration fee were paid by respondent No. 5. The petitioner's case is that all of a sudden the donees of the gift received a notice dated 15.5.2000 from the office of respondent No....
Vidya Devi Vs. Badri Yadav
Court: Jharkhand
Decided on: Jun-03-2003
Reported in: [2003(3)JCR422(Jhr)]
M.Y. Eqbal, J. 1. This Civil Revision Application, at the instance of the plaintiff decree holder-petitioner, is directed against the order dated 29.11.2002 passed by Munsif 1st Court, Dhanbad in Miscellaneous Case No. 11/2001 arising out of Execution Case No. 25/99 whereby he has allowed the objection filed by the judgment debtor-opposite party under Section 47 of the Code of Civil Procedure (in short C.P.C.) and directed the Nazir, Civil Court, Dhanbad to restore possession of the standing on Survey Plot No. 66 under Khata No. 140 of Mouja, Dhanbad. 2. The facts of the case, in brief, is that the plaintiff-petitioner filed Title Suit No. 60/90 for eviction of the defendant from Schedule-C property fully described at the foot of the plaint comprised within Khata No. 31, Plot No. 67, Holding Nos. 56 and 58 of Ward No. VI (old) of Dhanbad Municipality measuring an area of 5 kathas. The suit was decreed on 5.02.1997 and the judgment and decree was confirmed upto the Supreme Court. The pe...
Maya Devi and ors. Vs. Bihar State Electricity Board and ors.
Court: Jharkhand
Decided on: Jun-02-2003
Reported in: [2003(3)JCR179(Jhr)]
Tapen Sen, J.1. Heard Mr. T.K. Das and Mr. Rajesh Shankar, learned counsel for the respective parties.2. The Substitution Application filed on 27.9.2000 is allowed and heirs of Late Jai Narayan Jha who was the original petitioner in the instant case and who died on 13.3.1999 to be treated as petitioners.3. This writ application is directed against, the order dated 14.12.1994 as contained at Annexure 3 by which the respondent No. 2 refixed the pay of Jay Narayan Jha (original petitioner). The other order dated 1.9.1995 as contained at Annexure 5 is also, under challenge the reason whereof the respondent No. 2 revised the pension and gratuity sectioned to Jay Narayan Jha (original petitioner) on the ground that he had passed the Hindi Noting and Drafting. Examination and also directed that any excess amount drawn by him on account of an earlier order of fixation of pay shall be recovered from the concerned employee, i.e., Jay Narayan Jha.4. From the facts pleaded in the writ application,...
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