Jharkhand Court April 2004 Judgments
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ioc Limited (Now Known Boc (i) Ltd.) Vs. Presiding Officer, Labour Cou ...
Court: Jharkhand
Decided on: Apr-16-2004
Reported in: [2004(2)JCR466(Jhr)]
Amareshwar Sahay, J.1. The respondent No. 3, Brij Nath Tiwary (Hereinafter referred to as the 'concerned workman') was appointed on 21.9.1953, as temporary Darwan by the writ petitioner, M/s. Indian Oxygen Company Limited (Hereinafter referred to as the 'Company'), The concerned workman was made permanent on 1.3.1955 and in the Staff Form containing the details of the employment of the concerned workman kept with the company disclosed the date of birth of the concerned workman to be January 1938 and accordingly the concerned workman was made to retire from his service 1.2.1990, after attaining the age of 60 years.2. The concerned workman through his union raised Industrial Disputes regarding recording of his date of birth by the Company, According to the concerned workman, his date of birth was 4.1.1941, and therefore, his retirement/superannuation from service by the Company on 1.2.1990 before completing the age of 60 years was not justified.3. The Government of Bihar referred the dis...
Arjun Yadav Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-16-2004
Reported in: 2004CriLJ3226; [2004(2)JCR589(Jhr)]
ORDERLakshman Uraon, J. 1. Heard both the sides.2. I.A. No. 341/2004 at Flag 'A' and Original Cr. M.P. No. 4/2004 have been taken up together for hearing as both relate to the same matter regarding release of vehicle.3. While moving LA. No. 341/2004 the learned A.G. of the State submitted that W.P (Cr.) No. 178/2003 was disposed of in which the State could not file may counter affidavit. It was submitted that the order is conflicting with the judgment referred by the Hon'ble Apex Court in a case of State of Karnataka v. K. Krishnana reported in AIR 2000 SC 2731, Paragraph 7 which is annexure-3 to the interlocutory application. It was submitted that the law laid down by the Hon'ble Apex Court regarding the minimum bank guarantee for releasing any truck confiscated in a forest case should be furnished by the owner for interim release of the truck. The learned counsel for the respondents frankly submitted the law laid down by the Hon'ble Apex Court; but the order which could not be set as...
Smt. Krishna Roy Vs. the Vice-chancellor, Sidhu Kanhu University and o ...
Court: Jharkhand
Decided on: Apr-16-2004
Reported in: [2004(2)JCR465(Jhr)]
ORDERTapen Sen, J. 1. The petitioner in the instant case prays inter alia for promotion to the post of Reader/Professor in Economics on the basis of the statutes relating to promotion of reader/professors. According to the petitioner, she is working as a Lecturer in Economic in the A.S. College, Stasang at Deoghar for thirty years and is eligible for being promoted on the basis of the statutes framed by the University.2. It would be relevant to note that the petitioner had earlier moved the Patna High Court vide C.W.J.C. No. 3029 of 1993 which was dismissed by a Division Bench by order dated 25.1.1995, giving liberty to the petitioner to file a representation and the respondents were given three months time to dispose off the same by a speaking order. At paragraph 8 of the counter affidavit it has been stated that pursuant to the aforesaid order, the petitioner filed a representation on 24.4.1995, and after considering the same, the University decided to pay the due amount of arrears t...
Debabrata Dasgupta Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Apr-16-2004
Reported in: [2004(2)JCR470(Jhr)]
Tapen Sen, J.1. Heard the parties.2. The petitioner, an Assistant Professor, having been promoted on 5.7.1983, is aggrieved by the inaction on the part of the respondents in not confirming the status of Associate Professor upon him with effect from 4.9.1983.3. The petitioner was appointed as a Tutor in Bio-chemistry on 3.9.1977, in the Mahatma Gandhi Memorial Medical College, Jamshedpur (commonly referred as the M.G.M. College). At the time of his appointment he was a Post Graduate Degree holder in Bio-Chemistry. On 23.1.1979, the Department of Health, Government of Bihar, by Annexure I took a decision to truncate the post of lecturer into two, the first of which became known as Assistant Professor (Junior Grade) and the second came to be known Associate Professor (Senior Grade). At paragraphs 6 and 7, the petitioner has stated that at the relevant time, the requisite criteria for being promoted on the Junior Grade of Assistant Professor was that the candidate should have at least 6 (s...
Tisco Mazdoor Union Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-16-2004
Reported in: [2004(2)JCR598(Jhr)]
R.K. Merathia, J. 1. In this petition filed under Article 226 of the Constitution of India, petitioner prays for an opportunity of hearing in the writ petition filed by respondent No. 4 herein, on the ground that the writ petitioner did not implead the petitioner herein, who was a necessary party in the writ petition and by suppressing necessary and relevant facts, procured the order under review. Regarding the scope of such petition reliance has been placed on the judgment reported in Shivdeo Singh v. State of Punjab, AIR 1963 SC 1909.2. Suresh Narayan Singh (Respondent No. 4 herein) filed the writ petition in question being CWJC NO. 1065 of 2000 (R) for a direction to the Registrar, Trade Unions to hold election of the Union under his supervision on the ground that there are rival factions claiming to be only elected office bearers of the Union.3. On 20.8.2001, this Court found that the necessary/interested persons were not made parties in the writ petition and accordingly this Court...
All India Kerosene Oil Dealer Federation and Jharkhand Kerosene Dealer ...
Court: Jharkhand
Decided on: Apr-16-2004
Reported in: 2004(2)BLJR1153; [2004(2)JCR626(Jhr)]
ORDERM.Y. Eqbal, J.1. In these two writ petitions since common question of law and facts are involved, the same are being heard and disposed of by this common order.2. The petitioners have prayed for quashing the order passed by the Deputy Commissioner, Godda which was communicated vide memo dated 21.3.2001 whereby the Deputy Commissioners denied payment of wholesale dealers commission fixed earlier in pursuant to the order passed by Patna High Court in CWJC No. 11057/96 and further for a writ commanding upon respondent No. 4 Deputy Commissioner, Godda to restore of commission @ 2.15% on kerosene oil allowed to the kerosene oil wholesale dealers of Godda.3. Petitioners' case is that Government of India in the Ministry of Petroleum and Chemical had appointed a working group consisting of three members including the, Chairman, namely, Sri. J.U. Talukdar, ICA retired Ex. Chief Secretary, Government of West Bengal, Calcutta, Chairman Sri. S.S. Shiralkar, Additional Secretary, Ministry of F...
Shri Balaji Fuel Products Vs. Central Coalfield Ltd. and ors.
Court: Jharkhand
Decided on: Apr-16-2004
Reported in: 2004(2)BLJR1361; [2004(3)JCR239(Jhr)]
M.Y. Eqbal, J.1. The petitioners, in all these cases, have prayed for issuance of a writ of mandamus directing the respondents to release full quota of coal as per linkage order in the light of the judgment passed in C.W.J.C. No. 2750 of 1997 which was confirmed upto the Supreme Court.2. Petitioner's case is that an agreement was entered into by and between the petitioners and the respondent-CCL, for establishment of the industries and the respondent-CIL, in its meeting dated 23.7.1998, cleared the case of the petitioners fixing 4810 MT coal per month. But, in terms of the linkage order the respondents are not releasing the coal within 45 days as mentioned in the sale letter and as per the guidelines issued by the respondents themselves. Petitioners' further case is that their cases are fully covered by the judgment rendered in C.W.J.C. No. 2750/97-R.3. Mr. R. Krishna, learned counsel appearing on behalf of the petitioners submitted that there cannot be reduction in the quota of coal a...
Kalia Babu Munda Vs. Commissioner, South Chhotanagpur Division and ors ...
Court: Jharkhand
Decided on: Apr-16-2004
Reported in: 2004(2)BLJR1273; [2004(3)JCR253(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. In this application, the petitioner has prayed for quashing of the order dated the 20th of April, 1999 passed by the Commissioner, South Chhotanagpur Division, Ranchi in SAR Revision No. 128 of 1998, whereby the learned Commissioner, has allowed the revision application filed by the private respondents Ashok Munda and others, and set aside the orders passed by the Sub-Divisional Officer, Khunti and also the appellate order passed by the Additional Collector, Ranchi.3. The facts in short are that the petitioner filed an application under Section 242 of the Chhotanagpur Tenancy Act, for restoration of possession of the lands measuring 67 decimals, appertaining to a plot No. 114, 162 and 168 of Khata No. 159 situated in Village Bandu, P.S. Arki, District, Ranchi, before the Sub-Divisional Officer, Khunti. The Sub-Divisional Officer, Khunti allowed the application filed by the petitioner holding that Mundari Khutkatti, lands cannot be transf...
Bhola Prasad Chaudhary Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-16-2004
Reported in: [2004(3)JCR313(Jhr)]
ORDERAmareshwar Sahay, J.1. The prayer of the petitioner in this writ application are the following :--(1) To quash Annexure-3 dated 21.10.2002, whereby the time bound promotion given to the petitioner with effect from 01.04.1981 in the pay-scale of Rs. 680-695 granted on 20.11.1986 was cancelled after the retirement of the petitioner from service on 30.09.2000.(2) To restrain the respondents from realising the amount received by the petitioner on account of time bound promotion.(3) To direct the respondents to fix final pension of the petitioner as per the last pay drawn by him before retirement.2. The petitioner retired as Head Clerk from the Mines Department on 30.09.2000. He was given time bound promotion on 20.11.1986 with effect from 1.4.1981 in the pay scale of 680-695. For fixing the final pension of the petitioner, the original service book of the petitioner was sent to the Accountant General. Bihar Patna. It is said that the Account General, Bihar returned the pension paper e...
Ram Naumi Prasad Vs. Bihar State Electricity Board and ors.
Court: Jharkhand
Decided on: Apr-16-2004
Reported in: [2004(3)JCR46(Jhr)]
Amareshwar Sahay, J.1. The prayer of the petitioner in this writ application is for direction to the respondents to pay the arrears of salary from 12.8.1985 to 6.12.1992 for the post of Junior Electrical Engineer and the benefits of selection grade and to maintain seniority.2. The facts as stated by the petitioner are that on 12.8.1985 the petitioner was appointed as Operator and was posted in Patratu Thermal Power Station. It is further stated that in view of the judgment passed in C.W.J.C. 720 of 1986 on 16,12.1991 by the Patna High Court and confirmed by the Supreme Court, by notification dated 28.12.1992, the petitioner was treated to be appointed to the post of Junior Electrical Engineer (GTO) Cadre in the scale of Rs. 1,800-3.500/- w.e.f. 12.8.1985 on notional basis.3. It is stated that since in the said notification dated 28.12.1992 nothing was mentioned with regard to the benefit of the wages or about the monetary benefit in lieu of difference between scale of operator and that...
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