Jharkhand Court June 2003 Judgments
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Gyrasi Devi Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: [2003(3)JCR228(Jhr)]
Vikramaditya Prasad, J. 1. Admittedly, the petitioner is the mother of one Sanjay Kedia, in whose name the telephone number 60031 stood. There were certain demands standing against that telephone number. Therefore, it appears that the telephone of Sanjay Kedia was disconnected. The mother of Sanjay Kedia, the petitioner Gyrasi Devi, applied for a fresh telephone connection on 19.10.1992. When the connection was not provided, she made a representation. Annexure-2. Thereafter, the Sub-Divisional Officer, Jharia, Informed her by Annexure-3 that on receipt of her application regarding fresh connection, she has been requested to made payment of the outstanding dues against telephone no. 60031 and to produce 'No Due Certificate' as early as possible for taking action on her application. It appears that the petitioner did not clear off the dues, nor obtained ' No Due Certificate and filed this writ petition.2. The respondents appeared and contested this writ by filing counter-affidavit, stati...
Adarsh Sahkari Grih Nirman Samiti Ltd. and ors. Vs. State of Bihar and ...
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: 2003(2)BLJR1567; [2003(3)JCR193(Jhr)]
S.J. Mukhopadhaya, J.1. A writ petition has been preferred by petitioners for quashing the notice dated 20th November, 1992 issued by the Divisional Forest Officer, Dhanbad under Section 3 of the Bihar Public Land Encroachment (for short B.P.L.E.) Act. In B.P.L.E. Case No. 19/88-89.2. The main ground taken by petitioners is that B.P.L.E. Case No. 19/88-89 having reached finality, the respondents have no occasion to revive the case, nor have any jurisdiction to issue notice under Section 3 of the B.P.L.E. Act. The case of the petitioner is that the land in dispute measuring 47.60 acres of Plot No. 5 and 32.88, acres of Plot No. 15, total 80.48 acres of village Bandhgora, Thana No. 35, P.S. Pindrajora, District Bokaro was a raiyati land. Earlier a dispute was raised between the Forest Department and the original raiyats of the plots, in question, for which a regular Title Suit No. 140/54 was preferred by eleven plaintiffs against the State of Bihar. One of the plaintiffs was Shanti Ram M...
Smt. Madhubala Prasad Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: 2003(2)BLJR1345; [2003(3)JCR208(Jhr)]
R.K. Merathia, J.1. This writ application was filed for, quashing the communication dated 31.12.1993 (Annexure-10) sent by the Deputy Commissioner, Giridih to the State Government, expressing his inability to make appointments from the so called merit list prepared in the year 1989 and rejecting the prayer of the appointment of the petitioner to the post of Assistant. Petitioner has also prayed for a direction upon the Deputy Commissioner to consider to appoint the petitioner.2. The case of the petitioner in short is that she applied for the post of Assistant pursuant to the Advertisement No. OC 15/ 1988 published in newspaper 'Aaj' (Ranchi edition) on 7.8.1988. She appealed in the interview pursuant to the interview card issued on 4.1.1991. Out of the same advertisement, interview for reserved, post was done on 22.12..1990 and on the recommendation of District Selection Committee appointment letters were issued to the candidates of reserved category on 7.1.1991. She was the only woman...
Girdhari Sah and ors., Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: 2003(2)BLJR1527; [2003(3)JCR465(Jhr)]
Tapen Sen, J.1. In this writ application, the petitioners pray for issuance of an appropriate writ commanding upon the respondents to consider their cases for appointment on the post of Assistant Teachers in different Elementary Schools in the districts of Sahebganj and Godda after relaxing their age in the light of Government Order No. 516 dated 23.3.1982 as also in the light of the observations made by the High Court in CWJC No. 7000 of 1992 and other analogous cases reported in 1993 BBCJ 183. They also claim that they are entitled to such appointment on the basis of observations made by the Supreme Court in Contempt Petition Nos. 236-40 of 1991 and 263 of 1991 disposed of on 22.11.1991 and which has been appended as Annexure 3 to this writ application. The petitioners further pray that consequent upon their appointment, they should be granted consequential benefit and seniority with effect from the dates other persons junior to them in the panel had been appointed. The petitioners s...
Rohit Ram and anr. Vs. State of Bihar
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: 2003(2)BLJR1347
Hari Shankar Prasad, J.1. Both these Criminal Appeals bearing Nos. 66/96 and 68/96 arise out of the judgment dated 6th August, 1996 and order of sentence dated 7th August, 96 passed in Sessions Trial No. 29/94, whereby the learned Sessions Judge held all the appellants guilty under Section 366A IPC and sentenced them to undergo RI for seven years and to pay a fine of Rs. 2000/- each and in default of payment they were further directed to undergo RI for one year each. All the appellants were further directed to undergo RI for three months each under Section 323 IPC. Accused Pran Lohra (not appellant here) was further held guilty under Section 376 IPC and was directed to undergo RI for seven years and to pay a fine of Rs. 1000/- and in default of payment of fine he was further directed to undergo RI for six months. The sentences imposed upon the appellants were directed to run concurrently.2. The case of the prosecution in brief is that on 15-8-93 at 5 p.m. informant Anil Beck alongwith ...
Employers in Relation to the Management of Chasnalla Colliery of India ...
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: [2003(3)JCR634(Jhr)]
M.Y. Eqbal, J.1. Heard Mr. A.K. Sen, learned counsel appearing for the petitioner. No one appears on behalf of respondent No. 2 the concerned workmen in spite of services of notices served upon him.2. The petitioner who is the management of Chasnalla Colliery of M/s Indian Iron and Steel Company Ltd. has challenged the award passed by the Central Government Industrial Tribunal Dhanbad reference case No. 294/86 whereby answering the reference in favour of the workmen he has held that the concerned workman is entitled to promotion to the post of Senior Overman w.e.f. 1985 and further declared the concerned workmen passed in the test conducted by Departmental Promotion Committee in the year 1984.3. It appears that the appropriate Government in exercise of power under Section 10(1)(B) of the Industrial Dispute Act. 1947 referred the following dispute for adjudication.'Whether the demand of Bihar Colliery Kamgar Union that the management of the Chasnalla Colliery of M/s Indian Iron and Stee...
Blue Star Ltd. Vs. Presiding Officer, Labour Court and ors.
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: [2003(3)JCR632(Jhr)]
M.Y. Eqbal, J.1. Heard Mr. A.K. Sahani, learned counsel appearing for the petitioner and Mr. V.P. Singh, learned counsel appearing for the concerned workmen. No one appears on behalf of the other respondents,2. In the instant case the only question that arose for consideration is whether in a reference case the Labour Court was justified to reject the compromise petition by passing the impugned order dated 19.5.1994.3. It appears that one Mr. D.K. Anthony was in the service of petitioner M/s Blue Star Limited. The dispute with regard to regularisation of the services was raised and finally the matter was referred to the Labour Court for adjudication of the following dispute :'Whether the relationship of employer and workmen exist between M/s Blue Star Limited and Sri. D.K. Anthony, Corporator, and if so, from the date Sri D.K. Anthony is entitled to regular appointment and any relief in the service of Blue Star Limited.'4. It appears that during the pendency of the reference case a ' c...
Braj Bihari Singh Vs. Bihar State Co-operative Land Development Bank S ...
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: [2004(1)JCR258(Jhr)]
Gurusharan Sharma, J.1. The appellant was posted as Deputy General Manager (Vigilance) in Bihar State Cooperative Land Development Bank Samitee.2. On 9.12.1996 he was put under suspension on certain charges leveled against him in contemplation of a departmental proceeding.3. An Enquiry Officer was appointed to enquire into the charges. The enquiry report was submitted on 20.6.1997.4. The second show cause notice thereafter was served on the appellant on 25.6.1997. On receiving the said notice, instead of filing 2nd show cause, if any, the appellant went to Patna and filed a petition on 27.6.1997 for extending the time to file reply to the second show cause notice, which was not entertained by the Administrator, the respondent No. 2. According to the appellant, not only the principle of natural justice was violated in the proceeding, a reasonable opportunity of hearing was also not given to him before serving second show cause notice.5. The disciplinary authority passed final order on 3...
Harpreet Dhaul Vs. Pritam Singh and ors.
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: 2005ACJ2145
Gurusharan Sharma, J.1. Claimant-appellant being aggrieved and dissatisfied with the judgment dated 15.3.1999 passed by 6th Additional Judicial Commissioner-cum-Motor Accidents Claims Tribunal, Ranchi in Compensation Case No. 52 of 1993, awarding Rs. 1,50,000 as compensation, has filed this appeal for enhancement of the compensation amount.2. On 25.1.1993, the appellant along with her husband, Jayant Dhaul was going from Ranchi to Ramgarh on trekker (BR 14-P 4770), which was dashed by a truck (OSC 4765), coming from the opposite direction, which was being driven in a most rash and negligent manner. It caused serious injuries to the occupants of the trekker, including her husband and he died, she also sustained injuries.3. She filed Compensation Case No. 52 of 1993 for grant of compensation under the provisions of Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act') stating inter alia that her husband, late Jay-ant Dhaul was aged about 33 years and was an engineer, grad...
Hindustan Copper Limited Vs. Mrs. Vijay Bhargava and ors.
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: [2004(2)JCR138(Jhr)]
ORDER1. In the year 1972, Umesh Dutt Bhargava was appointed as Mining Engineer in M/s. Hindustan Copper Limited (hereinafter to be referred to as 'the Company'). The post of Mining Engineer was reesignated as Senior Mining Engineer and again as Mining Superintendent. In the year 1983, he was promoted to the post of Deputy Mines Superintendent, which was also redesignated in the year 1984 as Manager (Mines). In the year 1989 he was promoted on the post of Senior Manager (Mines) and was confirmed on the said post with effect from 9.4.1990. The post of Senior Manager (Mines) was redesignated in the year 1981 as General Manager (Mines).2. Shri Bhargava was born on 10.7.1941 and was scheduled to retire on 10.7.1999, after attaining the age of 58 years. However, by office order dated 11.11.1994 his services were terminated with immediate effect in terms of Clause 3 of his appointment letter.3. Clause 3 of the appointment letter provided as under :'Probation : You will be on probation for 6 m...
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