Jharkhand Court September 2003 Judgments
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Bharat Coking Coal Ltd. Vs. Presiding Officer, Central Government, Ind ...
Court: Jharkhand
Decided on: Sep-15-2003
Reported in: [2004(1)JCR243(Jhr)]
ORDER1. Heard counsel for the appellant and counsel for respondent No. 2.2. The appellant, the Management, challenges the decision of the learned Single Judge in CWJC No. 2263 of 1996(R) dismissing the writ petition filed by it, challenging the award of the Presiding Officer, Central Government Industrial Tribunal No. 2, Dhanbad in Reference No. 154 of 1993. The question whether the action of the management in not employing the writ petitioner and two others as per their circular dated 9.5.1986 was justified, was referred to the Tribunal at the instance of the workmen. The further question was that if it was not justified, what relief respondent No. 2 was entitled to. One of the workmen, whose claim was also referred, died during the proceeding. The other workmen, Viswanath Mondal succeeded in getting another reference made under the Industrial Disputes Act and an award was passed in his favour. According to the writ petitioner, that award was accepted by the Management and Viswanath M...
National Insurance Co. Ltd. Vs. Rachna Rajpal and ors.
Court: Jharkhand
Decided on: Sep-15-2003
Reported in: I(2005)ACC600
Gurusharan Sharma, J.1. Heard the parties. The Insurance Company has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 against the impugned judgment and award dated 7th September, 2002 passed in Claim Case No. 143 of 1996, whereby the Motor Vehicles Claims Tribunal, Koderma has directed the insurer to indemnify the liability of the owner of the mini bus (BR-13-9926) and pay the compensation amount of Rs. 3,92,112/- with interest @ 12 per cent per annum from the date of filing of claim case till realisation to the claimants within a month and failing which to pay with enhanced rate of interest at 18 per cent.2. The Counsel for the appellant submitted that in calculating the compensation amount, not only annual dependency was wrongly fixed, a wrong multiplier was also used. It was further submitted that the insurer be given liberty to recover the compensation amount paid to the claimants from the owner of the vehicle for the reason that the driver had no vali...
Branch Manager, National Insurance Co. Ltd. Vs. SwadhIn Karjee
Court: Jharkhand
Decided on: Sep-15-2003
Reported in: 2005ACJ1304
Gurusharan Sharma, J.1. Heard the parties. It is unfortunate that Compensation Case No. 43 of 1997, filed under Section 166 of the Motor Vehicles Act, 1988 for compensation in respect of death of Umesh Karjee in a motor accident dated 1.2.1977 is still pending at the preliminary stage and its hearing has not commenced as yet. In the meantime both the original claimants, namely, the father and the grandmother of the deceased also died. Swadhin Karjee who is nephew of late Munsi Karjee, father of the deceased, claiming to have also been adopted as son by Munsi Karjee, after the death of his only son, by virtue of registered deed dated 19.2.1998, filed petition for being substituted as claimant, which was allowed on 5.7.1999. The substituted claimant thereafter filed an application under Section 140 of the Act for grant of interim compensation, which was allowed on 2.8.1999. The insurance company challenged the said order in this court in M.A. No. 285 of 1999 which was disposed of on 19.2...
Asia Bewa and ors. Vs. Mahesh Kachhela and ors.
Court: Jharkhand
Decided on: Sep-15-2003
Reported in: I(2005)ACC612
Gurusharan Sharma, J.1. Heard the parties. Sish Mohammad was husband of the appellant No. 1 and father of the minor appellant Nos. 2 to 6. He was working as labour on the truck bearing registration No. WB-57-0550. On 13th March, 2000, the said truck which was fully loaded with stone chips met with an accident, wherein Sish Mohammad was injured. He was taken for treatment to various hospitals but ultimately on 10th April, 2000 he died in Iqbalpur Nursing Home at Calcutta. His widow as well as the minor sons filed Title Claims Suit No. 18 of 2000 under Section 166 of the Motor Vehicles Act, 1988 for compensation. However, in the said proceeding the claimants miserably failed to produce either any medical certificate or even the post-mortem report to enable the Motor Accident Tribunal, Pakur to consider and decide whether the death of Sish Mohammad was caused on account of the injury sustained in the motor accident or otherwise. The Tribunal on taking into consideration the amount said to...
Brahmdeo Ojha, Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Sep-12-2003
Reported in: 2003(3)BLJR2133; [2003(4)JCR22(Jhr)]
S.J. Mokhopadhaya, J.1. The petitioners, who were Senior Rakshaks (Senior Constables)/Rakshaks (Constables), having been found involved in theft were removed w.e.f. 1st December, 1981 vide order dated 27th November, 1981, issued by Assistant Security Officer, Railway Protection Force, Eastern Railway, Dhanbad (for short RPF) under the Rule 47 of RPF Rules, 1956. They challenged the orders of removal, all dated 27th November, 1981 before the Calcutta High Court in Civil Order No. 15157 (W) of 1981, which wad dismissed by the, learned Single Judge vide judgment dated 27th May, 1982. The appeals being F.M.A.T. Nos. 1570 and 1574 of 1982 preferred by petitioners were also dismissed by a Division Bench of the Calcutta High Court on 20th June 1984. The Supreme Court also upheld the Judgment in SLP (Civil) Nos. 8224-9020 of 1984 vide its order dated 6th December, 1985 with the following observation :'The question involved in these petitions are covered by decision of this Court reported in Un...
Lipton India Ltd. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-12-2003
Reported in: AIR2004Jhar34; 2003(3)BLJR2042; [2003(4)JCR197(Jhr)]
S.J. Mukhopadhaya, J. 1. The Bihar State Agricultural Marketing Board (Marketing Board for short) held that Anik Spray (Skimmed Milk Powder) is an 'agricultural produce', and therefore, market fee was payable. The Director, Marketing Board asked the Secretary, Agricultural Produce Market Committee, Jamshedpur (Market Committee for short) to recover the market fee from Hindustan Lever Limited (now merged with petitioner, M/s. Lipton India Limited), vide Letter No. 1424/Patna dated 2nd March, 1983. The Marketing Secretary, Market Committee, Jamshedpur, in its turn, informed the petitioner vide Letter No. 1595/Jam dated 31st July, 1986 and Letter No. 1913/Jam dated 8th September, 1986 to pay the market fee on sale of Anik Spray (Skimmed Milk Powder) being payable under the Bihar Agricultural Produce Market (Amendment) Act, 1982, failing which action under Section 31-B and 32-B of the Bihar Agricultural Produce' Market Act, 1960 was threatened to be taken.2. The petitioner challenged the a...
Anupma Traders Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-12-2003
Reported in: [2003(4)JCR290(Jhr)]
ORDERM.Y. Eqbal, J 1. The petitioner has prayed for quashing the orders dated 13.2.2001 passed by the Deputy Commissioner-cum- Licensing Authority and the appellate order dated 28.12.2002 passed by the Commissioner-cum-appellate authority whereby the license of the petitioner of Kerosene Oil has been cancelled in exercise of powers conferred by Bihar Trade Articles (Licence and Unification) Order, 1984.2. Petitioner was carrying on business in the premises taken on lease and the license under the Unification order being license No. 13/90 granted by the licensing authority. Petitioner's case is that since the business was carried out in lease premises, the petitioner applied for permission for change of place of business to Kasidih within Khata No. 20 on the lands belonging to his son. On the basis of the said application the Chief Controller of Explosives issued a letter asking the petitioner to furnish various details. The petitioner also filed an application requesting for no objecti...
Bharat Coking Coal Ltd. Vs. their Workmen Represented by the President ...
Court: Jharkhand
Decided on: Sep-12-2003
Reported in: [2003(4)JCR293(Jhr)]
M.Y. Eqbal, J.1. Petitioner management of M/s Bharat Coking Coal Ltd has prayed for quashing the Award dated 19.3.2001 passed by the Central Government Industrial Tribunal No. 1 Dhanbad whereby he has answered the reference in favour of the concerned workman.2. It appears that the Central Government referred the following industrial disputes between the Management of Kusunda Collicery of BCCL and their workmen to the Central Government Industrial Tribunal for adjudication :--'Whether the demand of National Coal Workers congress for employment on the roll of Khas Kusunda Colliery of M/s BCC1 of Smt. Girija Kamin and 225 others (as per details annexed with Annexure-U-I) with full back wages is justified? If so, to what reliefs the workmen are entitled?'3. The case of the sponsoring Union on behalf of the concerned workman is that the concerned workman had been working in Kusunda Colliery of M/s BCCL from 1976 to 1983 as Wagon loaders. All of a sudden they were stopped from the work by th...
Satdeo Prasad and ors. Vs. Presiding Officer, Industrial Tribunal and ...
Court: Jharkhand
Decided on: Sep-12-2003
Reported in: [2003(4)JCR210(Jhr)]
S.J. Mukhopadhaya, J. 1. The petitioners have preferred this writ petition against the Award dated 12th August, 1993, pronounced on 1st October, 1993 in Reference Case No. 3/85, whereby and whereunder the learned Presiding Officer, Industrial Tribunal, Ranchi while held the termination of services of petitioners illegal, instead of reinstatement with full wages, allowed compensation amount of Rs. 15,000/-Rs. 12,000/- & Rs. 10,000/- respectively to each petitioner.2. According to the petitioners, they along with respondents 3 to 14 were employed in the Management of 2nd respondent, Jamshedpur Notified Area Committee, Jamshedpur (hereinafter referred to as the Notified Area Committee). Their services were terminated w.e.f. 1st of March, 1981.The Government of Bihar from its Labour, Employment and Training Department made reference to the Tribunal vide Notification No. IV/D2-19035/84-L & E-497 dated 14th April, 1985 to give an adjudication to the effect :'Whether the retrenchment and term...
Hardeo Singh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-12-2003
Reported in: 2003(3)BLJR2099; [2003(4)JCR15(Jhr)]
S.J. Mukhopadhaya, J.1. As all the writ applications have been preferred by common petitioner and common question of law is involved, they were heard together and are disposed of by this common judgment.The petitioner, a registered partnership firm obtained one work order for construction of Ajoy Barrage from the then State of Bihar in pursuance of tender notice No. 1189 dated 14th September, 1988 and executed ah agreement with the State of Bihar No. 1-LCV/89-90. The petitioner completed the job and handed over the barrage to the State Government.The Assistant Commissioner, Comercial Taxes Department, Deoghar Circle, Deoghar subsequently assessed the tax in the execution of 'works contract' for the period 1990-91, 1991-92 and 1992-93 and asked the petitioner to pay it. These orders issued by the Assistant Commissioner, Commercial Taxes Department, Deoghar Circle, Deoghar for the three financial years have been challenged by the petitioner in three separate writ petitions.2. Counsel for...
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