Jharkhand Court September 2003 Judgments
Abhinav Silicate Industry Vs. Chairman, Central Coalfields Ltd. and an ...
Court: Jharkhand
Decided on: Sep-30-2003
Reported in: [2003(4)JCR588(Jhr)]
ORDERTapen Sen, J.1. In this writ application, the petitioner prays for issuance of an appropriate writ for quashing the order/letter dated 4.8.1999 (Annexure 3) insofar as it relates to the petitioner whereby and whereunder the authorities suspended coal supply to the petitioner-Unit along with other units. The petitioner also prays for a writ of mandamus commanding upon the respondents to treat the linkage of the petitioner as a valid linkage and accordingly release the full quantity of coal. They have further made a prayer for a command upon the respondents to comply with the directions of Coal India Limited passed on 23.5.2000 (Annexure 6).2. The petitioner's case is that it has established a Unit at Varanasi (U.P.) for production of raw sodium silicate and accordingly the Unit became registered on 3.2.1999 whereafter it became ready for production. Subsequently, it applied for linkage before Coal India Limited and after necessary verification and inspection, such a linkage was gra...
Tag this Judgment!Mangru Munda Vs. MatIn Kuar and ors.
Court: Jharkhand
Decided on: Sep-30-2003
Reported in: [2004(1)JCR43a(Jhr)]
P.K. Balasubramanyan, C.J. 1. An extent of 17.88 acres of Bhuinhari land in R.S. Khewat No. 6/1 to 6/8 of village Baradih in the District of Ranchi recorded in the names of different Bhuinhars was sold in auction on 20.12.1937 in Certificate Case No. 144/1936-37 instituted on account of non-payment of rent and cess. The land was purchased by the Manager of Ward and encumbered estate Lachcharagarh. The auction purchaser took delivery of the property on 20.12.1937. Subsequently, with the permission of the Deputy Commissioner, the land was settled in favour of one Harkhman Singh. That was by a hukumnana dated 1.2.1940 and the annual rent payable was Rs. 24/- and the cess. Harkhman Singh, in his turn, sold the land to Matin Kaur 3.4.1945. It is claimed that Matin Kaur got the land mutated in her name and was paying rent annually and continued to be in possession.2. The father of the appellant herein, (The appellant was respondent No. 5 in the writ petition), Dhore Munda, filed Title Suit N...
Tag this Judgment!Employers in Relation to Kedia Underground Project Vs. Presiding Offic ...
Court: Jharkhand
Decided on: Sep-30-2003
Reported in: [2004(1)JCR124(Jhr)]
Amareshwar Sahay, J.1. In the instant writ application the petitioner has prayed for quashing the Award dated 8th August, 1995 passed by the respondent No. 1 in Reference Case No. 34 of 1990 by which the Tribunal, though held that action of the Management in terminating the service of the concerned workman was justified but he held that the concerned workman was entitled to full back wages with effect from 20.2.1990 up to the date of the Award.2. The case of the petitioner is that the concerned workman unauthorisedly absented from 11.7.1983 without the permission of the management and as such charge-sheet was issued against him though the management waited for explanation of the concerned workman but no explanation was submitted by the workman and therefore, the management terminated the service of the concerned workman. Since no domestic enquiry was held, therefore, the Management made a prayer before the Tribunal to allow the Management to lead evidence.3. Therefore, on the basis of ...
Tag this Judgment!Jai Prakash Das and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-30-2003
Reported in: [2004(1)JCR260(Jhr)]
Amarehswar Sahay, J.1. In the present writ application the petitioners have prayed for a direction to issue orders of appointments of the petitioners as Assistant Teachers in the reserve category of the Scheduled Caste on the basis of the panel which was prepared for appointments under the Harijan Category candidates.2. The case of the petitioners is that pursuant to the advertisement issued by the respondents for filling up the post of Assistant Teacher in the Primary schools, a districtwise panel was prepared. The petitioners also applied for the said post pursuant to the said advertisement and were empanelled under the Harijan category candidates. A list of such Harijan category candidates has been annexed as Annexure-1 to the writ application, which according to the petitioners, is a panel of untrained Harijan Category candidates mentioning altogether 34 names. The petitioners have figured in the said list at serial Nos. 25 to 33. However, from Annexure-1 it does not appear that wh...
Tag this Judgment!Sushil Kumar Mahato Vs. Ranchi Regional Development Authority and ors.
Court: Jharkhand
Decided on: Sep-30-2003
Reported in: [2004(1)JCR182(Jhr)]
P.K. Balasubramanyan, C.J.1. This writ petition is filed by a resident of Basant Bihar, Harmu Housing Colony, Ranchi. He claims to be the president of the Basant Bihar Vikas Samiti formed by the residents of the colony and claims that the writ petition is filed in a representative capacity. What he seeks to espouse is the cause of a planned developed of the colony strictly in accordance with the Regional Development Authorities Act and the Building Regulations. The colony is a new one and is in the process of development. What the petitioner has projected in this writ petition is the illegality in the sanctioning of the multi-storeyed building on the basis of an application made by respondents 3 and 4, the owners of the plot. Subsequently, the builder has also filed an application for intervention, which was allowed by us. According to the building plan, it is for the construction of a multi-storeyed building to be named 'Rajshree Apartments'. According to the petitioner, such a multi-...
Tag this Judgment!Smt. Ratna Prabha Das Vs. Sri Dulal Shyam Chandra Choudhary
Court: Jharkhand
Decided on: Sep-30-2003
Reported in: AIR2004Jhar24; 2003(3)BLJR2274; I(2004)DMC758; [2004(1)JCR606(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the appellant-wife is directed against the impugned judgment and decree dated 21-12-1991 and 8-1-1992 respectively passed in Matrimonial Title Suit No. 5 of 1989 by Shri J.K. Narayan, 2nd Additional Judicial Commissioner, Ranchi whereby and whereunder the matrimonial title suit filed by the petitioner/respondent-husband under Section 9 of the Hindu Marriage Act, 1955 for restitution of his conjugal rights with his appellant-wife was decreed and the appellant was directed to live with her husband or leading conjugal life and to render marital obligation within two months from the date of the decree.2. The respondent-husband filed the Matrimonial Title Suit No. 5 of 1989 for restitution of his conjugal rights with his appellant-wife as she has withdrawn from his society without any reasonable excuse.3. The case of the respondent-husband, in brief is that the appellant is his lawfully wedded wife and their marriage has been performed ...
Tag this Judgment!Workmen Represented by Mica Workers Union Vs. Employers in Relation to ...
Court: Jharkhand
Decided on: Sep-30-2003
Reported in: [2004(1)JCR265(Jhr)]
Amareshwar Sahay, J.1. In the present writ application the petitioner has prayed for quashing the award dated 28.11.1984 passed by the respondent No. 2 in Reference Case No. 11 of 1987.2. In view of the order which I propose to pass it is not necessary to state the facts of this case in detail.3. Suffice is to say that vide notification No. IV/D2- 7027/87L&E-1301;, dated 15.9.1987 a reference was made to the Industrial Tribunal, Ranchi for adjudication to the effect that 'what should be the pay scales and pay structure of the workmen of various units of MICA Trading Corporation of India Limited situated in the State of Bihar and on what base they are entitled to get their dearnes's allowance ?'4. Both parties filed their written statements before the Tribunal and led evidence in respect of their claims. The learned Industrial Tribunal though has passed a long order/award but from paragraph 15 and concluding portion of paragraph 32 of the award it appears that the learned Tribunal has t...
Tag this Judgment!Sri. Shankar Nunia Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Sep-30-2003
Reported in: [2004(1)JCR680(Jhr)]
ORDERTapen Sen, J.1. The petitioner prays for quashing the order dated 22/24.4.2000 (Annexure-8) passed by the respondent No. 7 whereby and whereunder the petitioner was informed that his application for compassionate appointment had been rejected by the competent authority.The petitioner further prays for issuance of an appropriate writ directing the respondents to provide employment to the petitioner.2. The short facts are that while he was in service, the father of the petitioner, Benga Nunia, a loader at Murlidih 20/21 Pit Colliery, died on 15.3.1984. After his death, his wife (mother of the petitioner) applied for compassionate appointment in place of her husband, but while the matter was under process, she met with an accident in Burdwan on 28.2.1997 and died. At the time of death of both the father and the mother, the petitioner was a minor and therefore, could not apply for compassionate appointment. Upon attaining majority, he applied for compassionate appointment whereafter t...
Tag this Judgment!Management of Damodar Valley Corporation Vs. Workman Represented by th ...
Court: Jharkhand
Decided on: Sep-30-2003
Reported in: [2004(1)JCR270(Jhr)]
Amareshwar Sahay, J.1. The Award dated 20.4.1996, passed by the Industrial Tribunal, Ranchi, in Reference Case No. 7 of 1992 is under challenge, in this writ application, at the instance of the Management of Damodar Valley Corporation (hereinafter referred as 'D.V.C.', for the sake of convenience) whereby, the learned Tribunal on the basis of the evidence both oral and documentary, adduced on behalf of the parties, held that eight workmen namely; A.K. Dey, Jagarnath Karmakar, Dukhan Singh, R,A. Tiwary, Sita Moni. Narayan Giri, Aklu Manjhi and Gulam Hansda, were entitled for their employment against Class III post, with effect from 1.5.1988 and they shall be entitled for their emoluments and other facilities which were availed by the employees of Class III post minus the monetary benefits.The terms of the reference before the Tribunal was as under :--'Whether the following temporary workman of Chandrapura Thermal Power Station engaged on daily wages should be regularized? If not, what r...
Tag this Judgment!Jharkhand Justice Forum and anr., Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-29-2003
Reported in: 2004(1)BLJR82; [2003(4)JCR558(Jhr)]
ORDER1. These writ petitions are a sequel to writ petitions, WP (S) No. 5170 of 2002 and WP(C) No. 6135 of 2002 filed before this Court. The judgment in those writ petitions is Annexure A to the counter affidavit filed on behalf of the respondents in writ petition WP (C) No. 2566 of 2003 (since reported in 2003 (1) JLJR 322. The State of Jharkhand had introduced the Jharkhand Primary Schools Appointment Rules, 2002 to regulate the appointment procedure of teachers in primary schools. Rule 4 of the said Rules provided a lower and upper age limit for appearing in the examination to be held as part of the selection process of teachers. But a concession was given by the said Rule to the effect that there will be no such limitation on the upper age for the first examination to be held. This was on the basis that for a number of years, no examination had been held or selection made and all those who had acquired Teachers' Training should have an opportunity to appear in the first examination...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »