Jharkhand Court April 2006 Judgments
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Employers in Relation to the Management of Moonidih Project of Bharat ...
Court: Jharkhand
Decided on: Apr-20-2006
Reported in: [2006(3)JCR308(Jhr)]; (2007)ILLJ85Jhar
R.K. Merathia, J.1. The petitioner has challenged the award dated 17.8.1997 passed by the Central Government Industrial Tribunal No. 1, Dhanbad (respondent no. 1) in Reference No. 45 of 1993, holding that the demand of the Union to departmentalise and treat eighteen Tyndal Mazdoors etc., whose names appear in the annexure, as regular workmen on the rolls of the Colliery is justified and directing the management to reinstate and regularise/departmentalise the concerned workmen as permanent Tyndal of the management with effect from 1.7.1990 with at least 30% of full back wages.2. The following dispute was referred for adjudication to the Tribunal:Whether the demand of Janta Mazdoor Sangh that the management of Moonidih Project of M/s. BCCL, P.O. Moonidih, Dist. Dhanbad should departmentalise and treat as regular workmen on the rolls of the colliery, 18 Tyndal Mazdoors etc., whose names appear in the Annexure, is justified? If not, to what reliefs are these Tyndal Mazdoor etc. entitled?AN...
Sunil Kumar Mishra Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-20-2006
Reported in: [2006(3)JCR430(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ application the petitioner has prayed for quashing the order dated 30.9.2002 passed by the Additional Collector, Bokaro in Misc. Appeal No. 3/99 whereby the Additional Collector has passed the order cancelling the Jamabandi earlier created in favour of the petitioner's ancestors and that too without giving him any opportunity of hearing.2. The petitioner claims to be the descendant of the ex-landlord and having been found in physical possession M-Form was issued in respect of the land in question and subsequently the petitioner's name was entered in the revenue register as far back as in the year 1979. The rent was assessed and being realized since 1952 and the petitioner has been granted rent receipts continuously. He has been in physical possession of the same. According to the petitioner, he has got right, title and interest over the land in question. The petitioner has also transferred a portion of the said land and the transferees have been in p...
Gora Chand Nayak and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-20-2006
Reported in: [2007(1)JCR128(Jhr)]
S.J. Mukhopadhaya, J.1. The petitioners have challenged the order contained in letter No. 139 dated 8th October, 2005, issued by the District Superintendent of Education-cum -Jharkhand Education Programme Co-ordinator, East Singhbhum, whereby and whereunder, if has been directed not to take work from Para Teachers, such as petitioners.2. It appears that in pursuance of a scheme, 'Jharkhand Gram Shiksha Abhiyan', one school for each village was opened. It was stated in the said scheme to run such school through Gram Samiti of which the District Superintendent of Education of the concerned district was made District Gram Co-ordinator. As per such scheme, many persons were engaged as Para Teachers for which the agreements were reached between Para Teachers and the Village Education Committee. The petitioners were also engaged as Para Teachers by agreement dated 17th November, 2003 for a period of one year. Thereafter, a fresh agreement was issued on 25th October, 2004 for another one year...
Badri NaraIn Yadav Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-19-2006
Reported in: [2006(3)JCR226(Jhr)]
Amareshwar Sahay, J.1. The appellant has filed the present appeal against the judgment dated 13/06/1997, passed by the Assistant Sessions Judge, Simdega in Sessions-Trial No. 153 of 1991 whereby and whereunder the learned trial court convicted the appellant for the offence under Sessions 109, 120B and 342 of the Indian Penal Code and sentenced him to undergo R.I. for a period of 10 years and also to pay fine of Rs. 20,000/- in default to undergo S.I. for a further period of 5 years. 2. The prosecution story in short is that two girls namely, Nutan Bading @ Kandulna and Phuleshwari Devi had gone to the forest for picking up 'Datuwari'. It is said that the girl Nutan was brought to the Police Station by this appellant by assaulting her and she was made to sit in the Police Station. Subsequently, Phuleshwari Devi, i.e. the informant was also brought to the Police Station by the Night Guard (Chaukidar). There at the Police Station the Sub-Inspector of Police, i.e. Jawahar Singh (since dead...
State of Jharkhand and anr. Vs. Krishna Nand Mishra Shashtri and ors.
Court: Jharkhand
Decided on: Apr-19-2006
Reported in: [2006(3)JCR257(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This appeal under Clause 10 of the Letters Patent has been preferred by the State of Jharkhand and another against the order dated 24th February, 2004, passed by the learned Single Judge in Contempt (Civil) Case No. 204 of 2003. By the aforesaid order the learned Single Judge while disposing of the Contempt Petition, directed the District Education Officer, Gumla, to make payment to the respondent/writ petitioner with further observation that if the payment is not made within one month, punishment shall be awarded to him. The appellant is aggrieved by the said direction of payment in the last part of the impugned order. 2. Learned Counsel appearing on behalf of the respondent/writ petitioner questioned the maintainability of this appeal under Clause 10 of the Letters Patent. It was submitted that no appeal under Clause 10 of the Letters Patent is maintainable against the order, passed in a Contempt proceeding. He placed reliance on the decisions, reported i...
Md. Wahab Mian Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-19-2006
Reported in: 2006CriLJ3938
1. By the above appeal, the appellant, Md. Wahab Mian, challenges his conviction and sentence imposed upon him by the Trial Judge. He was tried and convicted under Section 302 read with Section 149 I.P.C, for which he was sentenced to life imprisonment and for the offence under Section 148 I.P.C, he was sentenced to one year R.I. On being found guilty under Section 436 I.P.C, he was sentenced to ten years R.I. He was also found guilty under Section 3 & 5 of Explosive Substance Act, for which he was sentenced to R.I. for two years with a direction that the sentences of imprisonment will run concurrently. 2. The facts leading to the charges and consequent conviction and sentence can be briefly summarized as follows: Kadir Mian (D1) is the brother of P.W.13 Md. Taki Mian. Taslim Mian (D2) is the nephew of P.W.13. P.W.8 Saliman Bibi is the wife of P.W.13. Kasim Mian P.W.2 and Muslim Mian P.W.6 are sons of D1 Kadir Mian. Kulsun Bibi is the wife of the said Dl Kadir Mian. They were residing ...
Khara Alias Khado Marandi Vs. State of Bihar
Court: Jharkhand
Decided on: Apr-19-2006
Reported in: 2006CriLJ3944; [2006(3)JCR247(Jhr)]
D.G.R. Patnaik, J.1. The appellant has challenged the judgment of conviction and sentence dated 20.11.1989 passed by the Sessions Judge, Dumka, in Sessions Case No. 165 of 1988 whereby he has been convicted for the offence under Sections 302 and 201 of the Indian penal Code and sentenced to undergo imprisonment for life. 2. Brief facts of the case registered on the basis of the first information report (FIR) is that Bijli Soren (deceased) the daughter of the informant Konka Soren PW8 was married to the appellant about three years prior to the alleged date of the occurrence. Quarrels between the husband and wife arose when the husband developed extra marital relation with another lady. In due course, the wife separated from her husband and began living at her parents' house. Later, the appellant came to the house of the informant along with the village Pradhan and persuaded the informant (the father of the deceased), to send his daughter on the assurance that there would be no further q...
Md. Mustaque Alam Ansari and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-19-2006
Reported in: [2006(3)JCR53(Jhr)]
1. A petition at flag 'L' (I.A. No. 1278 of 2005) has been preferred for condoning the delay of thirty nine days in preferring the instant appeal. 2. Having heard counsel for the parties and being satisfied with the grounds shown therein, the delay of thirty nine days is condoned. I.A. No. 1278 of 2005 islands disposed of L.P.A. No. 115 of 2004 3. The appellants- writ petitioners, who hold the qualification of physical educational training applied for appointment to the post of trained teachers in Primary School in pursuance of the advertisement published by the Jharkhand Public Service Commission (hereinafter to be referred as J.P.S.C.) on 24th August 2002. Though they completed in the written test, but having not been appointed preferred writ petition. The learned Single Judge dismissed the writ petition on the ground that physical trained teachers cannot be appointed on the post of Primary teachers on the other hand those, who possessed qualification of trained teacher i.e. B. Ed./D...
Kumar Jayanta and anr. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-19-2006
Reported in: [2006(3)JCR417(Jhr)]
S.J. Mukhopadhaya, J.1. The petitioners applied for appointment as Trained Teachers, in pursuance of Advertisement dated 24th August, 2002, issued by the Jharkhand Public Service Commission (hereinafter referred to as the 'J.P.S.C.'). They competed in written test but were not provided with the appointment letters.2. The, stand taken by the respondents is that the Institute from which the petitioners obtained B.Ed degree, is not recognized by the NCIE.3. On the other hand, according to the counsel for the petitioners, the Institute being recognized by the University of Burdwan (West Bengal), the respondents cannot deny the appointment on the ground that the institute has not been recognised by the NCTE, He also relied on certain other provisions to suggest regularizalion in the matter of appointment for the teachers.4. From the letter dated 29th August, 2005 issued by the petitioners Institute namely 'Sri Ram Krishna Sarada Siksha Sikshan Mandir, Hoogly', it appears that the Institute,...
Pushpendra Kumar Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-19-2006
Reported in: [2006(3)JCR281(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The petitioner, who was posted in the Primary Health Centre, Tarpa, Ranch! as Assistant, was suspended on 4th August, 2000. He having continued under suspension without any initiation of departmental proceeding, challenged the order of suspension on 27th February, 2003 before this Court after serving a copy of the writ petition on the counsel for the State. Though more than three years have passed after service of copy, no affidavit has been filed by the respondents.2. Counsel for the respondents submitted that the standing counsel has received statement of fact in the form of counter affidavit, a copy of which has been produced.3. From the enclosure attached to the statement of fact, they have suggested that the petitioner is being paid subsistence allowance. It has not been disputed that the petitioner is under suspension for about 6-1/2 years and there is nothing on the record to suggest that any charge-sheet has been Issued.4. In the facts and circumsta...
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