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Jharkhand Court June 2003 Judgments

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Jun 18 2003

Employees in Relation to the Management of Katras Project Area of Bccl ...

Court: Jharkhand

Decided on: Jun-18-2003

Reported in: [2003(3)JCR773(Jhr)]; (2004)ILLJ534Jhar

P.K. Balasubramanyan, CJ.1. Heard both the sides.The appellant, the petitioner in CWJC No. 1097 of 1994 (R) challenges the decision of the learned Single Judge dismissing the writ petition filed by it challenging a revised or a reviewed award of the Industrial Tribunal dated 20.12.1993. At the instance of the workmen the following question was referred to the Industrial Tribunal :-- 'Whether Sri J.P. Srivastave and 39 others listed in the annexure are workmen of the management of Katras Project Area of M/s. Bharat Coking Coal Ltd, and whether the demand of the Rashtriya Colliery Mazdoor Sangh and these persons be reinstated in the services of the said management is justified? If so, to what relief are these persons entitled?' 2. By award dated 11.6.1991 after a detailed discussions of the evidence in the case, the Tribunal held that only 10 out of the 39 workmen were entitled to regularisa-tion or be reinstated as the workmen of the appellant. In paragraph 29 of the award the case of e...


Jun 18 2003

Manshu Kumbhakar Vs. the State of Bihar, Through the Secretary, of Dep ...

Court: Jharkhand

Decided on: Jun-18-2003

Reported in: [2004(3)JCR82(Jhr)]

Tapen Sen, J.1. Heard Mr. M.B. Lal, learned counsel for the petitioners and Mr. Rajiv Ranjan Mishra, learned G.P. II for the respondents.2. Reference in this case may be made to the order dated 12.6.2003, wherein the submission of the learned counsel for the petitioner was recorded to the effect that one Sanjay Kumar, whose services had also been terminated on the same ground, was reinstated on the basis of an order passed in M.J.C. No. 147 of 1997 (R). Accordingly, this Court directed that the records of the connected cases be called for. 3. Mr. Rajiv Ranjan Mishra, learned G.P. II submits that he has personally inspected the records of CWJC No. 1384 of 1996 (R) as also the Contempt Application filed therein and he submits that the case of the petitioner is absolutely identical and that the stand of the State in the other case was also similar.4. In the case of Sanjay Kumar, this Court quashed Annexure 10 (i.e., the order by which his services had been said to be illegal). When the re...


Jun 18 2003

Rajendra Bhagat and ors. Vs. the Labour Court and anr.

Court: Jharkhand

Decided on: Jun-18-2003

Reported in: [2004(102)FLR680]; [2004(3)JCR85(Jhr)]

Tapen Sen, J.1. Heard Mr. Sumeet Kumar Gadodia, learned counsel appearing on behalf of the petitioner and Mr. T.K. Das, learned counsel for the respondent No. 2.2. At the very outset, Mr. Sumeet Kumar Gadodia appearing on behalf of the petitioners prayed that he may be allowed to make necessary correction in the cause title of the Writ Application. He may do so.3. In this Writ Application, the petitioners pray for quashing only a portion of the award passed in Reference Case No. 11 of 1987 as contained at Annexure 1 in so far as it relates to disallowing back wages to the petitioners. Consequently the petitioners have prayed that an appropriate order be passed directing the respondent No. 2 to pay the entire back wages from the date of dismissal till date of reinstatement.4. The case of the petitioners is that although they were permanent employees of the respondent No. 2, they were not getting bonus and other reliefs as a result whereof they continuously made demands. Being displeased...


Jun 18 2003

Manish Kumar Vs. Union of India (Uoi) and ors.

Court: Jharkhand

Decided on: Jun-18-2003

Reported in: [2004(2)JCR372(Jhr)]

1. Heard the petitioner in person, standing counsel for the Union of India and Mr. C.S. Vadiayanathan, Senior Counsel appearing on behalf of respondent No. 6.2. The petitioner has filed this Public Interest Litigation praying for the issue of the writ of mandamus directing the Union of India, the State of Jharkhand and their respective Secretaries, Information and Technology, to encourage utilisation of Open Source Software in the ongoing computerisation of records by various departments of the Union Government as well as the State Governments and to promote the use of Open Source Software by investing resources, financial as well as man power, instead of Proprietary Software, and also for a direction to the respondents to establish Research Centers, Training Centers and to use the existing infrastructure for development of Open Source Software, instead of Proprietary Software and for other appropriate reliefs. The petitioner has also impleaded two companies as respondents.3. According...


Jun 17 2003

Smt. Kamla Devi Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Jun-17-2003

Reported in: [2003(3)JCR167(Jhr)]

ORDERVikramaditya Prasad, J.1. Heard the parties. The respondent-Housing Boards have not filed any counter-affidavit. The petitioner has filed this writ petition for issuance of mandamus upon the respondent to transfer/ register the Flat allotted to the petitioner in her name and thus, to perform the final disposal of the said Flat, considering the fact that petitioner has already deposited the entire purchase price as agreed between the petitioner and the respondents on installment basis long back in the year 1997 and consequently to quash Annexure-10 issued by the respondents, whereby and whereunder a sum of Rs. 1,99.554/- has been demanded as dues of the Board to be paid by the petitioner.2. The undisputed facts of the case are that the petitioner was allotted a Flat No. H/212 MIG after the death of her husband and there was a Hire-Purchase Agreement for the same entered into between the petitioner and the respondent Board on 11th July, 1986. Under this agreement, the tentative cost...


Jun 17 2003

israil Mian @ Israil Ansari Vs. State of Bihar

Court: Jharkhand

Decided on: Jun-17-2003

Reported in: 2004CriLJ1499; [2003(4)JCR653(Jhr)]

Amareshwar Sahay, J.1. The present appeal has been filed by the appellant under Section 351 of the Code of Criminal Procedure (hereinafter to be referred as the 'Code') against the Judgment and order 27.1.1994 passed by the IInd Additional Sessions Judge, Godda in a proceeding for prosecution under Section 344 of the Code for producing false evidence in Bail Petition No. 345 of 1993 being Cr. Misc. No. 10 of 1993, whereby the learned Additional Sessions Judge convicted the appellant for knowingly producing false evidence with the intention that such evidence be used by the Court for disposal of the bail petition and sentenced him to pay a fine of Rs. 500/-.2. The facts in short relating to the aforesaid proceeding are that the appellant had filed a complaint petition in the Court of Chief Judicial Magistrate, Godda, against Hazrat Ali, Khuda Buksh, Abjun Bibi, Talib Hussain and Khairan Bibi alleging therein that the accused persons had severely beaten his daughter namely Ajina Bibi who...


Jun 17 2003

A.K. Roy Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Jun-17-2003

Reported in: [2003(4)JCR471(Jhr)]

ORDER1. This writ petition filed by the President of a Labour Union, seeks the issue of a writ of certiorari to quash a public notice issued from the office of the Deputy Commissioner, Bokaro, on 20.1.2003 (Annexure-3) warning the trespassers, who are indulging in illegal mining activities in abandoned coal mines, that they are liable to be prosecuted and they alone will be responsible for any mishap that may occur in the abandoned coal mines and also disclaiming responsibility by the Bharat Coking Coal Limited, Central Coalields Limited, the Administration and the District Authorities for mishaps that may occur in the abandoned coal mines. The other prayers in the writ petition is for a direction to ensure that the Coal Mines Regulation, 1957 and the other relevant Regulations are strictly followed by the Coal Companies, who had abandoned the coal mines after the mining operations are completed by them and to direct the Director General of Mines Safety, who has been impleaded as a par...


Jun 17 2003

Dhananjay Mishra and Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Jun-17-2003

Reported in: [2003(4)JCR484(Jhr)]

ORDER1. These two appeals are filed by the respective writ petitioners in CWJC No. 127 of 2001 and CWJC No. 151 of 2001. They are the sons of one Sukhdeo Mishra and Muneshwari Devi. Sukhdeo Mishra was the licensee of two theaters, namely, Ranjana Talkies and Kumar Talkies. While CWJC No. 127 of 2001 giving rise to LPA No. 634 of 2002 relates to Ranjana Talkies, CWJC No. 151 of 2001 giving rise to LPA No. 635 of 2002 relates to Kumar Lakies. Sukhdeo Mishra died on 24.7.1980 leaving behind his widow Muneshwari Devi and three sons, namely, Ajay Kumar Mishra, Vijay Kumar Mishra and Dhananjay Kumar Mishra. The licence under the Cinematogrpah Act, 1952 in respect of both the theaters stood transferred in the name of the widow Muneshwari Devi. On 2.5.1996, Ajay Kumar Mishra died leaving behind his widow, Mina Mishra, who is respondent No. 6 before us. Muneshwari Devi herself died on 9.2.1997, but before her death she had applied for transfer of the two licenses in favour of her two sons. She ...


Jun 17 2003

Sister Augustina and ors. Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Jun-17-2003

Reported in: [2006(3)JCR287(Jhr)]

ORDERS.J. Mukhopadhaya, J.1. The petitioners claim that they are the bonafide Teachers, Clerks and Peons of recognized Aided Minority High School, namely Ursuline Convent Girls High School, Gumla The school being a Government recognized Minority Aided School and the expenditure towards salary of teaching and non-teaching employees is being financed and funded by the State Government through the Department of Education particularly DEO, Gumla.2. The grievance of the petitioners is that they were paid salary regularly but the salary for the intermitent period from February, 1999 to April, 2000 arrears of enhanced D.A. for the period from 1-7-1992 to 31st August 1996 and arrears of difference of salary for the period from 1.4.1981 to 28.2.1989 and 1.4.1991 to 30.6.1999 have not yet been paid though bills have already been submitted by the Head Master of the School with the D.E.O., Gumla.3. In the facts and circumstances for determination of the claims instead of asking the Respondents to ...


Jun 16 2003

Builders Association of India Vs. Jharkhand State Agriculture Marketin ...

Court: Jharkhand

Decided on: Jun-16-2003

Reported in: [2003(3)JCR183(Jhr)]

ORDERS.J. Mukhopadhaya, J.1. The petitioner is an Association of Builders-Contractors. It has challenged the office order No. 215 dated 10th December, 2002 issued by the Managing Director of the Jharkhand State Agriculture Marketing Board, Ranchi (for short Marketing Board), whereby and whereunder, criteria have been laid down while giving administrative approval for construction of PCC Roads of the Terminal Marketing Yard at Pandara, District Ranchi.The grievance of the petitioner is that in place of contracts, it has been decided and ordered to complete the work through the groups of local, villagers.Consequential decision taken on 18th December, 2002 allotting the PCC Road Construction works, in question, in favour of three groups of local villagers has also been challenged by the petitioner.2. Before discussion of the principal question involved in this case, it is necessary to say a few words about the interrelation between the Marketing Board and the Market Committees functioning...


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