Jharkhand Court July 2003 Judgments
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Brijnath Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-29-2003
Reported in: [2004(1)JCR241(Jhr)]
ORDER1. Heard the parties and perused the counter affidavit filed on behalf of the respondents 5 and 7. This appeal has been filed against the order dated 12.3.2003, passed by the learned Single Judge in W.P. (S) No. 249 of 2003, whereby the authorities concerned of the Zila Parishad, Dhanbad, were directed to consider the case of the writ petitioner also for promotion to the post of Assistant Engineer, against the third post available. It was also observed that the writ petitioner has no claim for the second post merely because he was a member of Scheduled Caste. The respondent No. 7 being admittedly senior to him was rightly promoted.2. The appellant had challenged regular promotion of the respondent No. 7 from the post of Junior Engineer to Assistant Engineer on the ground that he being a member of the Scheduled Caste and, in the roaster, the second promotional post of the Assistant Engineer being reserved for the Scheduled Caste candidates, ignoring his case in the roster, the resp...
Ganesh Sao and anr. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-29-2003
Reported in: [2003(4)JCR394(Jhr)]
Tapen Sen, J. 1. Heard Mr. A.N. Deo, learned counsel for the petitioner and Mr.M.L.K. Chitra, learned J.C. to the S.C.-I for respondents No. 1 to 5. Although respondents No. 6 to 9 appeared in the instant case by filing vakalatnama, yet no body has appeared on their behalf, although on 26.6.2003 they had appeared and submitted that on account of their files having been misplaced, the matter should be adjourned for about a week. Consequently, the matter was adjourned and it was placed one month thereafter, i.e., on 28.7.2003. Today, when the case was called out, no body appeared on their behalf. In that view of the matter this Court has no option, but to proceed and dispose off the matter on the basis of the pleadings already on record which includes the writ application and the counter affidavit of the respondents No. 2 to.2. The petitioners, in the instant, case have filed this writ application challenging the validity of Annexures 2 and 4. Annexure 2 is the appellate order passed by ...
State of Jharkhand and ors. Vs. Mahendra Kumar Sinha
Court: Jharkhand
Decided on: Jul-29-2003
Reported in: [2004(1)JCR268(Jhr)]
ORDER1. Heard the parties on LA. No. 1047/2003 at flag 'L'. According to the Stamp Report dated 11.3.2003, limitation expired on 24.2.2003, whereas the memorandum of appeal was presented before this Court on 10.3.2003. On the next day, i.e., on 11.3.2003, the Stamp Report was made and certain defects were pointed out, which could be properly removed on 13.6.2003 and on the same day, the appeal was filed. We find that sufficient explanation has been furnished for the said delay. Unfortunately about three months' delay was caused at the instance of the counsel for the appellants in removing those defects properly. Hence, the delay in filing the appeal is condoned.2. Heard both parties on the merit of the appeal. The sole respondent claimed to have been appointed as Panchayat Sewak in the year 1981 on provisional basis, subject of the final approval after completion of necessary training. He further claimed that he was sent for such training in Panchayat Training Institute and after compl...
Bhola Prasad Deo Vs. the State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jul-29-2003
Reported in: 2004CriLJ2570
ORDERLakshman Uraon, J.1. This Criminal Misc. Petition is directed against the order dated 25-11-2002, passed by the learned 1st Additional Sessions Judge, Deoghar, in Cr. Revision No. 224 of 2001, whereby and whereunder he has set aside the order under revision, holding that it is not a public nuisance, as defined under Section 133(1)(b) of the Code of Criminal Procedure (in short 'Cr. P. C.'). The said Cr. Revision was preferred by Opp. party No. 2, against the order dated 24-8-2001, passed in Misc. Case No. 152 of 2000, whereby, the learned Sub-Divisional Magistrate, Deoghar, started a proceeding under Section 133(1)(b) of the Code of Criminal Procedure.2. Petitioner, Bhola Prasad Deo informed in writing to the learned Sub-Divisional Magistrate, Deoghar, which resulted in institution of Misc. Case No. 152 of 2000 under Section 133, Cr. P. C. against Opposite Party No. 2, Gautam Bhattacharjee, alleging therein, inter alia, that Opposite Party No. 2, Gautam Bhattacharjee is running a ...
Bihar State Road Transport Corporation Vs. Presiding Officer, Labour C ...
Court: Jharkhand
Decided on: Jul-28-2003
Reported in: [2003(4)JCR534(Jhr)]
Tapen Sen, J. 1. Heard Mr. P.P.N. Rai, learned counsel for the petitioner and Mr. T.K. Das, learned counsel appearing on behalf of the respondent No, 2.2. The petitioner namely the Bihar State Road Transport Corporation has filed the instant Writ Application for quashing the Award dated 14.7.1997 as contained in Annexure-1.3. According to the Corporation, the respondent No. 2 was appointed in the year 1972 by the Divisional Manager, Ranchi who ranks junior to the Additional General Manger. On 3.4.1982 and 3.8.1982 two charge sheets were served upon him on the allegation of disobedience as also carrying unbooked passengers. An Enquiry Officer was appointed who submitted the report in respect of both the charge sheets holding the respondent No. 2 guilty. Thereafter the Additional General Manager of the petitioner-Corporation dismissed the respondent No. 2 by letter-dated 21.1.1986. An appeal was then preferred before the Chairman-cum-Managing Director but that was rejected on 10.2.1987. ...
Jamshedpur Division Insurance Employees Association and ors. Vs. Life ...
Court: Jharkhand
Decided on: Jul-28-2003
Reported in: [2003(4)JCR713(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition was preferred by petitioner, Jamshedpur Division Insurance Employees Association and two others for issuance of writ(s)/order(s) or direction(s) commanding upon the respondents to pay the wages to the casual/temporary/daily wages workers of Life Insurance Corporation (for short Corporation) the wages at par with the regular IVth grade employees of the Corporation.According to petitioners, though regular IVth grade vacancies exist but the Corporation by way of unfair labour practice taking work of the post of Peon or the Sepoy (regular IVth grade posts of the Corporation) from daily wage/casual workers but paying less wages than the regular employees, though daily wage/casual workers are performing duty of like a regular IVth grade employee.Further case of the petitioners is that a number of daily rated/causal/temporary workers are working for more than 5 to 15 years in the Jamshedpur Division of the Corporation, including one Sudir Pal and ano...
Radha Rani Dutta Vs. Mritunjay Dutta
Court: Jharkhand
Decided on: Jul-28-2003
Reported in: [2004(1)JCR298(Jhr)]
ORDER1. Admittedly, on 24th February 1998, the appellant was married with the respondent and out of their wedlock a female child was born on 18.9.1999.2. The husband had filed Matrimonial Suit No. 71 of 1999 against his wife for restitution of conjugal rights on 15.6.1999, while the wife was pregnant. During pendency of the said suit, she gave birth to a female child on 18.9.1999. Thereafter on 1.10.1999 the husband filed a petition in the said Matrimonial Suit for its withdrawal, as he did not want to proceed with the said case.3. On 22.3.2001, the husband filed Matrimonial Suit No. 38 of 2001, under Section 13(1)(a) of the Hindu Marriage Act, 1955 against his wife for a decree of divorce.4. As pleaded, the parents of the wife wanted him to live with them as ghar jamai, which was not acceptable to him, he being the only son of his parents. Unfortunately, only after a period of four months off the marriage, her parents forcibly took her without his consent to their house at Jamshedpur,...
Divisional Manager, Bihar State Road Transport Corporation Vs. Sadanan ...
Court: Jharkhand
Decided on: Jul-28-2003
Reported in: [2004(1)JCR254(Jhr)]
ORDER1. This appeal has been filed against part of the order dated 30.4.2001, passed by the learned Single Judge, in CWJC No. 1110 2001, whereby Bihar State Road Transport Corporation (for short 'Corporation') has been directed to consider the desirability of payment of arrears of salary to the writ-petitioner, provided, while in service, he had worked during the period in question and pay the same, as early as possible, preferably within three months from the date of receipt/ production of a copy of the order.2. Admittedly, Sadanand Prasad, the writ-petitioner was employed as a conductor and was posted in Dhanbad depot of the corporation. He retired from service on 28.2.1999. He claimed in the above writ application that during the period 1994-99 his salary was not paid and his retiral dues was also not paid.3. The learned Single Judge, in view of the fact that the Apex Court is monitoring the scheme framed by the State Government regarding payment of salary etc. of the employees of t...
Madan Mandal and anr. Vs. State of Bihar
Court: Jharkhand
Decided on: Jul-25-2003
Reported in: [2003(4)JCR65(Jhr)]
Hari Shankar Prasad, J.1. This appeal is directed against the Judgment of conviction dated 14.10.1993 and order of sentence dated 16.10.1993 passed in Sessions Trial No. 291/93, whereby and where-under learned 3rd Additional Sessions Judge, Dumka (Santhal Pargana) held the appellants guilty under Section 395, IPC and sentenced them to undergo RI for ten years.2. Prosecution case in brief is that in between the night of 25/26th January, 1992 at about 1 a.m. Madan Mandal. informant, lodged an FIR with Dumka (M) P.S. that at about 8 p.m. in the night he was sitting in the darwaja of Gujar Mandal, whose house is situated just in front of the house of the informant, when 3-4 persons came from western side with torch light in front of the darwaja then informant enquired as to who were there and then all the dacoits entered the house of the informant and started looting the articles and then informant and his son fled to the village and raised alarm. The villagers assembled in front of the ho...
Damodar Valley Corporation Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-25-2003
Reported in: [2003(4)JCR71(Jhr)]
ORDERR.K. Merathia, J. 1. Heard leaned counsel for the petitioner and respondent No. 4. The employer-petitioner (Damodar Valley Corporation) has filed this writ petition to quash the order dated 20.11.1999 passed by the Presiding Officer, Labour Court, Bokaro Steel City, Bokaro in M.J. Case No. 2 of 1994(R) allowing the application filed by the respondent No. 4 under Section 33C(2) of the Industrial Disputes Act, 1947 and directing the petitioner to pay different of wages due etc.2. The respondent No. 4 filed an application under Section 33C(2) of the Industrial Disputes Act on 20.7.1994 claiming himself to be a workman of the respondent No. 3 who was a contractor under the petitioner. His case was that he was a licensed electrical Supervisor working under the contractor of the petitioner. Therefore, according to him the petitioner was his principal employer. His further case is that the petitioner awarded various electrical contracts in favour of the respondent No. 3, which were of pe...
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