Jharkhand Court June 2003 Judgments
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State of Bihar and anr. Vs. Presiding Officer Labour Court and ors.
Court: Jharkhand
Decided on: Jun-24-2003
Reported in: [2003(3)JCR716(Jhr)]
Tapen Sen, J. 1. At the very outset, Mr. B.S, Lal, learned A.A.G submitted that since the matter pertains to Deoghar therefore he is representing the State of Jharkhand and is accordingly making submissions. 2. Heard the parties. 3. The concerned workmen invoked the provisions of Industrial Disputes Act for regularization/permanent appointment of their services. From the pleadings on record, it appears that the concerned workmen were working on daily wages under the Executive Engineer, Water Resources (Irrigation Department), Irrigation Division, Deoghar, Forty Six (46) such workmen pleaded that they had been appointed in the year 1980 - 83 in various capacities as chowkidar, night guards, typists, tracers, helpers etc. on daily wages. Their further case was that they continuously rendered their services as permanent staff but they were not given the benefit of the status of permanent employees nor were they being paid as per the principles of equal pay for equal work. 4. Consequently,...
Dhananjay Khirhar and ors. Vs. State of Bihar
Court: Jharkhand
Decided on: Jun-24-2003
Reported in: I(2004)DMC609; [2003(4)JCR640(Jhr)]
Amareshwar Sahay, J.1. On repeated call, nobody turned up to press this appeal and hence this Court appointed Mrs, Lily Sahay, Advocated to appear in this case aa Amicus Curiae on behalf of the appellants.2. Four accused persons Including the three appellants were put on trial for committing the offence under Sections 307/34, 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The learned 1st Additional Sessions Judge, vide his judgment dated 12th day of July, 1995 in Sessions Case No. 142 of 1992 acquitted the 4th accused namely Manju Devi from all the charges and convicted the appellant, Dhananjay Khirhar, Ram Rekh Khirhar and Tetia Devi, who are the husband, father-in-law and mother-in-law respectively of the informant under Sections 307/34 and 498A of the Indian Penal Code. The appellant No. 1 Dhananjay Khirhar was sentenced to undergo rigorous imprisonment for five years under Sections 307/34 of the Indian Penal Code and he was awarded sentence to undergo rigorous ...
Management of Heavy Engineering Corporation Ltd. Vs. Presiding Officer ...
Court: Jharkhand
Decided on: Jun-24-2003
Reported in: [2004(2)JCR122(Jhr)]
ORDER1. Heard counsel on both sides.2. The management, the petitioner in CWJC No. 454 of 2000 on the file of this Court is the appellant in this appeal. Respondent No. 2 herein, was employed as a painter by the appellant-management.According to the management, the work man absented himself from duty with effect from 17.9.1987. The same was unauthorized absence. On 22.9.1987, respondent No. 2 sent in an application for leave for two days and the reason given was family trouble: The application did not contain the home address of the workman in terms of Clause 15 of the Standing Orders.So, on 26.9.1987, the workman was informed that his application for leave was not in proper form and he was, called upon to report for duty and further informed that action will be taken against him if he continued to be absent. He did not report for duty. No further application for leave was also sent by the workman. Therefore, in terms of Clause 15(x) of the Standing Orders, the management issued a notic...
Parma Lall Vs. Damodar Valley Corporation and ors.
Court: Jharkhand
Decided on: Jun-24-2003
Reported in: [2004(1)JCR664(Jhr)]
Tapen Sen, J.1. At the outset Mr. A.K. Sahani, learned counsel for the petitioner prayed permission to correct the cause title by deleting Article 227 and substituting the same by Article 226. He is allowed to do so.2. In this Writ Application the petitioner prays for quashing the order dated 1.7.1996 as contained at Annexure-10 passed by the respondent No. 3 whereby and whereunder he imposed the penalty of compulsory retirement from service upon the petitioner.3. The petitioner also prays for quashing the order date 13.11.1996 passed by the Appellate Authority which is contained in the enclosure appended to Anne-xure-12 dismissing the appeal of the petitioner thereby confirming the order dated 1.7.1996 as contained at Annexure-10.4. According to the petitioner, he was initially appointed on the post of Assistant Operator (Mechanical) Trainee and after the training period, he was confirmed whereafter he was promoted to the post to Assistant Controller (Mechanical).5. On 13.4.1986. a ch...
Manoj Kumar Giri Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-24-2003
Reported in: 2004CriLJ3434
ORDERLakshman Uraon, J.1. Petitioner Manoj Kumar Giri has preferred this criminal revision against the order dated 25-3-2003 passed by the 1st Additional Sessions Judge-cum-Special Judge (SC/St), Hazaribagh in T. R. No. 90 of 2003 arising out of Sadar PS case No. 77 of 2002 (G. R. No. 476 of 2002), whereby and whereunder the prayer for discharge of the petitioner was rejected. Subsequently in course of pending disposal of this criminal revision, charges were framed against the petitioner under Sections 341, 323, 448, 354, IPC and also under Section 3(1)(x) and 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act on 1-5-2003 which was also challenged that the said order of framing charges be quashed.2. Informant Dr. Sandhya Topno alleged that on 22-2-2002 at about 10.00 a.m., petitioner Manoj Kumar Giri, who runs a medicine shop in the Sandwell Nursing Home where the informant is engaged, entered into her chamber, caught hold of her neck, pushed her with an intention to kill her. When t...
United India Insurance Company Ltd. Vs. Julekha Bibi and ors.
Court: Jharkhand
Decided on: Jun-23-2003
Reported in: [2003(3)JCR617(Jhr)]
ORDER1. Reference may be made to the order dated 20.6.2003 which reads as under : 'Heard the counsel for the parties. (2) In the instant case the deceased who was only 26 years of age died leaving behind his widow, minor children and old parents. The annual income of the deceased was Rs. 15,000/-. The Tribunal awarded only a sum of Rs. 1,59,000/- together with 12% interest. Aggrieved by the said award the claimant filed this appeal for enhancement of compensation. (3) When this matter was placed before us to pursue the parties for disposal of the matter by Lok Adalat, counsel for the claimant, as a good gesture, agreed to settle the dispute on the amount awarded by Tribunal but on payment of interest atleast @ 9% which the Supreme Court has awarded in many cases. (4) It is unfortunate that the United India Insurance Company is insisting that it shall settle the claim only when the interest on the awarded amount is reduced from 12% to 6%. (5) Recently in the case of Chinnama George ...
Ratan Keot Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jun-23-2003
Reported in: [2003(4)JCR647(Jhr)]
Deoki Nandan Prasad, J.1. This appeal has been directed against the judgment of conviction dated 5th June, 1992 and order of sentence dated 6th June, 1992 passed by Sri Om Prakash Sinha, Additional Sessions Judge, Pakur, Sahebganj in Sessions Case No. III of 1988/22 of 1989, whereby and whereunder, the learned Additional Sessions Judge convicted the appellant under Section 376 and 493 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of five years under Section 376 of the Indian Penal Code and also for five years under Section 493 of the Indian Penal Code. However, both the sentences are ordered to run concurrently.2. The ease of the prosecution as al-leged is that the informant Fuchani Keotin lodged a First Information Report claiming therein that in the month of chait the father and mother of the appellant came to the house of the informant and in presence of Mistri Soren, Bhola Keot, Jathlu Keot and others proposed to marry the informant with t...
NavIn Kumar Singh Vs. Coal India Ltd. and anr.
Court: Jharkhand
Decided on: Jun-20-2003
Reported in: [2003(3)JCR174(Jhr)]
ORDERVikramaditya Prasad, J.1. The short question to be answered in this writ petition is as to from which date the eligibility of the petitioner for promotion in E-3 grade should be reckoned?2. The question aforesaid arose out of the facts that the petitioner was appointed in E-2 grade on 4.8.1990 but at his own request, he was transferred to C.M.P.D.I., where he did join on 15.5.1991. Here is the dispute whether the seniority of the petitioner should be reckoned from 15.5.1991 or with effect from 4.8.1990 for the purpose of promotion.3. In this context, Annexure-2 is referred, which, inter alia, reads as follows :'Since the transfer is being made at his own request Shri Singh will not be entitled to any transfer TA/Settling in Allowance etc. and his seniority in E-2 grade as Chemical Engineer will be reckoned from the date he joins in C.M.P.D.I.' The plain reading of this means that the seniority of the petitioner in E-2 grade will now be reckoned from the date he joins in C.M.P.D.I....
Sanjeet Rajan and Sujeet Ranjan Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jun-20-2003
Reported in: [2003(3)JCR236(Jhr)]
Vishnudeo Narayan, J. 1.Both the revisions aforesaid have been preferred by the petitioners, namely, Sanjeet Ranjan and Sujeet Ranjan respectively against the impugned order dated 25.1.2003 passed in RC 4(A) of 2000 by Sri S.C. Singh, Special Judge, CBI, Ranchi whereby the petitions separately filed by both the petitioners under Section 227 of the Code of Criminal Procedure for discharging them from the said case were rejected.2. The facts giving rise to these revisions are as follows :R.C. 4(A) of 2000 was instituted against Dr. Nalini Rajan Prasad Sinha (in short Dr. Sinha) under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act') on the basis of the FIR cf informant B.C. Mahto, Deputy Superintendent of Police, Central Bureau of Investigation, A.H.D. Ranchi. It is alleged in the FIR that Dr. Sinha has retired as Manager, Pig Breeding Farm, Hotwar/ Kanke, Ranchi under Animal Husbandry Department, Government of Bihar...
Nawal Kishore Mishra Vs. Ariel Mihsra and ors.
Court: Jharkhand
Decided on: Jun-20-2003
Reported in: [2003(4)JCR298(Jhr)]
ORDERGurusharan Sharma, J.1. Heard the parties, Partition Suit No. 114 of 1982 was decreed in terms of compromise dated 16.12.1986. In the said suit, the subject matter of partition was lands of R.S. Plot No. 1139 having an area of 97 decimals bearing Municipal Holding No. 1646 in Ward No. 6-C of Ranchi Town.2. Late Prem Nath Kumar Mishra left behind three sons and three daughters. One of them Ariel Mishra was plaintiff. Two other sons were made defendants 3 and 4 and the three daughters were made defendants 1, 2 and 5 in the suit.3. The parties entered into compromise for dividing the suit property among themselves outside Court and according to the agreed allotments on spot, a sketch map was prepared which was signed by all the parties and was annexed with the joint petition of compromise filed by them in the suit on 8.12.1986. In the sketch map different areas allotted to each party along with common and individual passages to the main road as well as to the common well situated alm...
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