Jharkhand Court March 2004 Judgments
Shankar Nahak Vs. Bharat Coking Coal Ltd., Through Director and ors.
Court: Jharkhand
Decided on: Mar-31-2004
Reported in: [2004(2)JCR555(Jhr)]
ORDERAmareshwar Sahay, J. 1. Heard the parties.2. The petitioner was initially dismissed from the service on 14.01.1988 by the respondents. The said dismissal was challenged before the Industrial Tribunal and the Industrial Tribunal, by an award dated 10.10.1991, set aside the dismissal of the petitioner and directed for his reinstatement with effect from 14.01.1988.3. The award of the Tribunal was confirmed up to the Supreme Court in SIP vide order dated 02.03.2000. However, the petitioner was again been dismissed from service by order dated the 30th August, 2000 as he was convicted in a criminal case.4. The petitioner has claimed for payment of arrears of salary for the period 14.01.1988 to 30.08.2000. It is not disputed that during the pendency of the writ application before the High Court, payments were made to him under Section 17B of the Industrial Disputes Act, 1947 and by the order of the Court, a sum of Rs. 10,000/- was also paid to the petitioner.5. Mr. Mehta, learned counsel...
Tag this Judgment!Arbind Kumar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-31-2004
Reported in: [2004(3)JCR230(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Mr. Radheshyam, learned counsel appearing for the petitioners and learned JC to Advocate General.2. In this writ application. the petitioner has prayed for quashing the orders issued Memo Nos. 593, 594 and 596 dated 30.1.2003 whereby respondent No. 5. Superintendent of Police, Dhanbad terminated the services of the petitioners.3. In W.P.S. No. 1784 of 2003, petitioners' case is that in the year 1996 the Superintendent of Police. Dhanbad vide letter dated 24.8.1996 recommended for appointment of petitioner No. 1, on the post of Constable and sought for direction from the Director General-cum-Inspector General of Police, Bihar, Patna. By letter dated 27.9.1996, the decision of the Director- cum-Inspector General of Police, Bihar, Patna was communicated to respondent No. 5, for appointment of petitioner No. 1, in the post of Constable due to his co- operation with the police force. Photocopy of the aforesaid two letters are annexed as Annexures-1 and 2 to this ...
Tag this Judgment!indo Danish Tool Room and anr. Vs. Purbasha Ghosh and ors.
Court: Jharkhand
Decided on: Mar-31-2004
Reported in: [2004(3)JCR300(Jhr)]
ORDER1. This appeal is by respondents 4 and 5 in W.P. (C) No. 4032 of 2003. Respondent No. 4 is a Society, registered under the Societies Registration Act conducting Diploma courses. Respondents 1 and 2 herein, the writ petitioners, are the students of the course 'Diploma in Tool Die Making'. They took the firstSemester examination during the first year and passed the same. The second semester examination was approaching. Their parents were given notice that as there was lack of requisite attendance, the students were not eligible for appearing in the second semester examination. The minimum attendance required, as per the Rules for the Examination, is 80 per cent. Under Rule 18, the Governing Council or its Chairman or any of its delegated authority has the power to amend or relax the rules. The writ petitioners appear to have produced medical certificates a week before the examination, seeking relaxation of the rules relating to minimum attendance. As the request for relaxation was n...
Tag this Judgment!Akhilesh Sharma Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Mar-31-2004
Reported in: 2004CriLJ4438; [2005(2)JCR517(Jhr)]
ORDERLakshman Uraon, J.1. Petitioner Akhilesh Sharma has filed this application under Article 226 of the Constitution of India for issuance of an appropriate writ/order /direction for quashing the entire criminal proceeding including the F. I. R. and investigation in connection with Chaibasa Sadar PS Case No. 35 of 1995 (GR No. 231/95) including the order dated 20-1-2003 passed by learned Judicial Magistrate, Chaibasa and also for quashing the order dated 7-3-2002 whereby the cognizance of the offence has been taken against the petitioner. 2. The prosecution case has been initiated on the written information of Gandhi Bhagat (Respondent No. 2) that under Jawahar Rojgar Yojna, Deputy Commissioner, West Singhbhum, Chaibasa had sanctioned Rs. 70,60,883.50 to Divisional Forest Officer, Social Forestry Division for plantation of plants on both sides outside Chaibasa Municipality and also on both sides of canal embankment and the scheme was to be completed by 31st March, 1995. Local press re...
Tag this Judgment!Kamla Prasad Singh and anr. Vs. Manrup Singh and ors.
Court: Jharkhand
Decided on: Mar-29-2004
Reported in: [2004(2)JCR555b(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the plaintiffs appellant stands directed against the impugned judgment and decree dated 25.01.1989 and 06.02.1989 respectively passed in title appeal No. 21 of 1987 by Shri Uma Shankar Prasad, 3rd Additional District Judge, Palamau whereby and whereunder the judgment and decree dated 30.06.1987 and 13.07.1987 passed in title suit No. 64 of 1983 by Shri Tabarak Hussain, Munsif, Palamau were affirmed and the appeal was dismissed.2. The appellants had filed the said suit for declaration of their title in respect of the suit land as their raiyati land and confirmation of their possession and in the alternative for recovery of possession detailed in the schedule at the foot of the plaint situate in village Bakaskhap PS, Lesliganj, District Palamau. The suit plot Nos. 17 and 18 having an area of 1.22 acres and 0.2 acres appertain to Khata No. 11.3. The case of the appellants is that late Prasana Singh, the father of the original plaintif...
Tag this Judgment!Kamlesh Kumar Agarwal @ Sawa Vs. Mamta Devi
Court: Jharkhand
Decided on: Mar-29-2004
Reported in: AIR2005Jhar10; 2004(52)BLJR1096; [2004(2)JCR474(Jhr)]
ORDER1. The husband, the plaintiff in a suit for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, is the appellant before us. On the death of his elder brother, the appellant married his brother's widow, the respondent herein.2. The marriage took place on 27.4.1996. The parties were living in, the matrimonial home and the respondent-wife gave birth to a male child on 3.9.1997. According to the husband, about six months after the marriage, differences started cropping up and the respondent started behaving cruelly towards him and denied him her company and thus failed to perform her duties as a wife. She left him and went to the house of her parents, though after a short while she returned. She again left, this time taking the child with her. She has not come back and thus she had inflicted cruelty on him and, therefore, he was entitled to a decree for divorce. While denying these allegations, the wife submitted that she was willing to live with her husband and her in-laws an...
Tag this Judgment!Guna Nand Jha Vs. Steel Authority of India Ltd., a Govt. Company and a ...
Court: Jharkhand
Decided on: Mar-29-2004
Reported in: [2004(2)JCR565b(Jhr)]
ORDERAmareshwar Sahay, J.1. The background of the case is that a reference was made to the Labour Court, Bokaro Steel City, to decide the following dispute :--'Whether not to nominate Shri G.N. Jha Staff No. 312116, Senior (O and M) Assistant to DPC for promotion from the post of non-executive to the post of executive, inspite of possessing experience and education qualification, by the management is justified? If not, what relief he is entitled to?'2. The Labour Court vide its award dated 6th July, 1994 held that the concerned workman Gunanand Jha (the present petitioner) had the requisite educational qualification and experience for promotion from non-executive to executive post in the year 1987/88 when Departmental Promotion Committee was held and, therefore, the action of the management in not considering him to be eligible for promotion to the executive post and not allowing him to appear before the Departmental Promotion Committee for interview, was improper and unjustified. Acco...
Tag this Judgment!Dineshwar Singh Vs. Bihar State Road Transport Corporation and ors.
Court: Jharkhand
Decided on: Mar-29-2004
Reported in: [2004(3)JCR340(Jhr)]
ORDERAmareshwar Sahay, J.1. Learned counsel for the petitioner is permitted to add the State of Bihar as well as the State of Jharkhand as party respondent in this writ application. Learned counsel for the petitioner is directed to serve two copies of the writ application along with annexures on Mrs. Sen Choudhary, SC III for the State of Jharkhand and Mr. Allam, learned counsel for the State of Bihar by day after tomorrow, failing which this application shall stand rejected without further reference to a Bench.2. This is one of those cases, in which claim for payment or arrears of salary has been made by the employees of the State Road Transport Corporation which according to the petitioner has not been paid since June, 1994.3. With regard to the employees of the Bihar State Road Transport Corporation (BSRTC), the Apex Court in civil appeal No. 7290 of 1994, State of Bihar v. Surajdeo Singh and Ors., has passed several directions for payment of the arrears of salary to the employees o...
Tag this Judgment!Ramji Singh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Mar-26-2004
Reported in: [2004(2)JCR544(Jhr)]
ORDERAmareshwar Sahay, J.1. The prayer of the petitioner in this writ application is for quashing the order as contained in Annexure-20 dated 20.5.1999, whereby the petitioner was awarded punishment of censure and was further ordered that he would not get in anything except the subsistence allowance during which he was under suspension. Further prayer is for direction to the respondents to pay full salary for the period of suspension and also to pay the subsistence allowance to the petitioner from 5.8.1997 to May 1998.2. The case of the petitioner is that he was allowed the continuity of service for the purpose of counting of his pension. It has been specifically stated that before awarding of punishment the petitioner was neither supplied with the copy of the enquiry report nor was given any notice to show cause. This fact has not been disputed by the respondents in their counter affidavit rather the case of the respondents is that the same was not required to be supplied to the petit...
Tag this Judgment!Abilash Lohar Vs. Instrumentation Limited Through the Chairman-cum-man ...
Court: Jharkhand
Decided on: Mar-26-2004
Reported in: [2004(2)JCR539(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. In the present writ application the prayer of the petitioner are three fold :--(i) To pay all the legal and retrial dues with 12% interest.(ii) To pay due salary from November, 2000 to March, 2001 including the arrears as per revision of pay due from January, 1999 to November, 1999. (iii) To refund the amount of Rs. 1,00,000/- (one lakh) which was deducted from his retrial dues.3. As per averments made in the writ application, the petitioner took voluntary retirement in March, 2001 from the post of Senior Foreman, RO (G) from Haldia site of the respondent No. 1 M/s. Instrumentation Limited falling in the State of West Bengal. He was initially appointed in the year 1971 and was posted at Bokaro office of Instrumentation Ltd. till he was transferred and posted in the State of Uttar Pradesh in the year 1994. Again in the year 1997 he was transferred to Rourkella Regional Office in the State of Orissa. In the year 1999, he was transferred to...
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