Jharkhand Court July 2006 Judgments
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Philip Topno @ Philip Toppo Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jul-11-2006
Reported in: [2006(4)JCR367(Jhr)]
D.K. Sinha, J.1. The petitioner has preferred this Criminal Revision against the judgment dated 7.5.2004 passed by Shri A.P, Sharma, 1st Additional Sessions Judge, Palamau at Daltonganj in Cr. Appeal No. 5/1998 whereby and whereunder the conviction of the petitioner by order dated 4.2.1998 by the Court of Shri P.N. Rai, Judicial Magistrate, 1st Class, Daltonganj (Palamau) under Section 304-A, IPC Was affirmed in G.R Case No. 1413/1993 whereby the petitioner was sentenced to undergo Rigorous Imprisonment for a period of one year, in addition to that 3 months Rigorous Imprisonment for his conviction under Section 279, IPC. The sentences were directed to run concurrently.2. The prosecution story in brief is that while the informant with his mother was returning from Tumbagarh Hospital after her treatment and reached near village Doero, a Mini Bus 407 bearing registration No. BR-15L-1164 dashed his mother inflicting injuries on her right leg as a result of which she fell down and she becam...
Narayan Chandra Paul Vs. Presiding Officer, Industrial Tribunal and or ...
Court: Jharkhand
Decided on: Jul-11-2006
Reported in: [2007(1)JCR341(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This writ petition has been preferred by the petitioner against the order dated 28th June, 2003 passed by the Presiding Officer, Industrial Tribunal, Ranchi as also the order dated 18th January, 2002 and 9th April, 2002 passed by the Assistant Labour Commissioner, Koderma in BSE Case No. 4 Of 1996 and 1/2001.2. As the case can be disposed of on short points, it is not necessary to discuss all the facts, except the relevant one.3. The Labour Superintendent, Koderma while filed a petition before the Labour Court, Hazaribagh also filed a petition before Assistant Labour Commissioner, Koderma for payment of salary of the workmen the respondent, which was alleged to be due from the employer, the petitioner herein. An application under Section 28 of the Bihar Shops and Establishment Act was also filed by the 5th respondent before the Assistant Labour Commissioner, Giridih, claiming salary from 10th August, 1995 to 11.1.1996 amounting to Rs. 5250/- and the ove...
Uday Kumar Singh Vs. the State of Jharkhand Through the Chief Secretar ...
Court: Jharkhand
Decided on: Jul-10-2006
Reported in: [2006(4)JCR366(Jhr)]
Amareshwar Sahay, J.1. By Court The prayer of the petitioner in this writ application is to quash the Memo No. 336, dated 31.07.2002 as contained in Annexure - 7 to the writ application, passed by the respondent no. 6 - Regional Director, Animal Husbandry, Santhal Pargana Region, Dumka whereby, the services of the petitioner was terminated from the service on the ground that his initial appointment itself was illegal. It was said that the petitioner could not produce any documents in connection with his appointment and that the Regional Director, Animal Husbandry, Santhal Pargana Region, Dumka had no authority or jurisdiction to appoint the petitioner to the post of Stenographer a Grade - III post and further that the appointment was made without following the due process for appointment.2. The main grievance of the petitioner as submitted by Mrs. Vandana Singh is that before issuance of Annexure - 7, no enquiry of any kind with regard to validity or legality of appointment of the peti...
Tata Iron and Steel Co. Ltd. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-10-2006
Reported in: [2006(111)FLR1140]; [2008(1)JCR280(Jhr)]; (2007)IILLJ37Jhar
Amareshwar Sahay, J.1. Though this writ petition was tagged with W.P (C) No. 2857 of 2001 for hearing, but on perusal of the records, it appears that the point in issue in both the writ applications are not the same and similar and therefore, this writ application is being heard and disposed of separately.2. In this writ application, the petitioner has prayed for quashing of the Order dated 26.09.2000 as contained in Annexure - 6 to the writ application issued by the Government of Bihar, whereby, the prayer of the petitioner for grant of exemption as provided under 87 of the Employees' State Insurance Act for the period 01.10.1996 to 30.09.1997 and 01.10.1997 to 30.09.1998 has been rejected.3. The facts which are not in dispute are as follows:The petitioner M/s. Tata Iron & Steel Co. Ltd. (hereinafter referred to as TISCO in short) has its principal office at Jamshedpur and one of its work is situated at Adityapur. Employees State Insurance Act, 1948, a Central Act, was enacted for pro...
Arjun Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-10-2006
Reported in: [2006(4)JCR355(Jhr)]
Permod Kohli, J.1. Petitioner joined the Government service as Overseer on 16th of January, 1965 in the Road Construction Department. He claims to have passed the Hindi noting and drafting and also the Tribal Language Examination. Petitioner was granted Time bound promotion vide order No. 252 dated 23rd of June, 1986 in the pay scale of Rs. 850-1360/- with effect from 01.04.1981. Some of the Junior Engineers similarly situated filed writ petitions before the Patna High Court seeking revised scale of regular promotion to the post of Assistant Engineer. One such writ was preferred by Sheo Shankar Roy being C.W.J.C. No. 10793 of 1993. This writ petition was decided vide judgment dated 01st August, 1995 with a direction to pay full salary and other allowances on the post of Assistant Engineer with effect from the date of their promotion with interest @ 18 %. This judgment was followed in some other cases also. In a Letters Patent Appeal No. 505 of 1995, the judgment of the Single Judge was...
Kalicharan Yadav Vs. Bihar State Electricity Board and ors.
Court: Jharkhand
Decided on: Jul-10-2006
Reported in: [2006(4)JCR360(Jhr)]
Permod Kohli, J.1. Petitioner joined the service as Engineer Assistant in the year 1961. Thereafter earned various promotions from time to time and retired on 31st January, 1997 on attaining the superannuation as Electrical Superintending Engineer. During his service as Superintending Engineer, he remained posted at Dhanbad and was also burdened with the extra responsibility of the work of General Manager-cum-Chief Engineer etc. It is alleged that on the basis of his seniority he was entitled to be considered for promotion with effect from 26th of June, 1996 on availability of vacancy of the Chief Engineer. The case of the petitioner came to be considered for promotion by the duly constituted Departmental Promotion Committee in its meeting held on 25th of June, 1996. He was approved for promotion being found fit subject to clearance of allegations. Despite being approved for promotion by the competent Departmental Promotion Committee, petitioner was not promoted and he eventually retir...
Dukhan Ram Vs. Heavy Engineering Corporation Ltd. and ors.
Court: Jharkhand
Decided on: Jul-10-2006
Reported in: 2007(1)BLJR249; [2006(4)JCR254(Jhr)]
Permod Kohli, J.1. Petitioner was serving with respondent No. 1, a Government of India Corporation. Respondent No. 1 sponsored Voluntary Retirement Scheme for its employees. Petitioner applied for voluntary retirement on 31.10.1996. His application remained pending. Petitioner having a second thought, withdrew his request for voluntary retirement by his application dated 31.7.1997. That application also remained pending. Government of India, Ministry of Industry vide its memorandum dated 19.5.1998, enhanced the age of retirement of the employees of public sector undertakings from 58 years to 60 years. In the meanwhile, petitioner sought medical leave w.e.f. 1.4.1998 and was to join on expiry of leave after 16.5.1998. While he was on medical leave, respondents passed an order dated 4.5.1998, retiring the petitioner from service by accepting his request for voluntary retirement. It is alleged that even this order was not communicated to him. Petitioner approached respondent-Corporation t...
Nagendra Dhar Dubey and anr. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jul-10-2006
Reported in: [2006(4)JCR357(Jhr)]
R.K. Merathia, J. 1. This appeal is directed against the judgment of conviction and order of sentence both dated 8.6.1992, passed by Shri D.N. Barai, 2nd Additional Sessions Judge, Palamau in Sessions Trial No. 78 of 1987, convicting the appellants under Sections 307, 325 and 323 of the Indian Penal Code and acquitting them under Section 379 of the Indian Penal Code and convicting them under Sections 307, 325 and 323 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for ten years and also to pay a total fine of Rs. 4,500/- each on all counts to be paid to the victims.2. The FIR in question was lodged on 24.10.1984 stating inter alia; that the informant, Abhimanya Dhar Dubey (PW 1 now deceased) filed a petition before the SDO against the appellant for not allowing him to irrigate his fields from Ahar (Pond). On 24.10.1984. the Circle Officer visited the place of occurrence to enquire into the said petition and after he returned, the informant along with his w...
Jagdish Mahto Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-07-2006
Reported in: [2006(4)JCR200(Jhr)]
R.K. Merathia, J.1. The Petitioner has challenged the orders dated 2.7.1997 (Annexure 3) passed by the Commissioner, North Chotanagpur Division, Hazaribagh in Revenue Revision No. 57 of 1995 rejecting the revision of the petitioner and confirming the order dated 2.5.1995 (Annexure 2) passed by the Additional Collector, Hazaribagh in Mutation Appeal Case No. 42 of 1994, by which the appeal filed by respondent No. 6 Tisco Limited was allowed and the order dated 15.2.1993 passed in Rent Assessment Case No. 145 of 1992-93 by the Deputy Collector Incharge Land Reforms, Hazaribagh assessing Korkar rent under Section 67-A of the Chotanagpur Tenancy Act, 1908 (hereinafter referred to as 'the Act') in the name of the Petitioner was set aside.2. By order dated 12 4.2006, Mr. P.K. Prasad, learned Counsel appearing for the petitioners did not press this Writ Petition on behalf of the then petitioners No. 2 and 3, namely, Mannu Mahto and Ghannu Mahto and, accordingly, this Writ Petition was dismiss...
Jharia Water Board and Mines Board of Health Karamchari Sangh Vs. Mine ...
Court: Jharkhand
Decided on: Jul-07-2006
Reported in: [2006(4)JCR253(Jhr)]
Permod Kohli, J.1. Short dispute involved in this petition relates to non-payment of provident fund to the workers/employees of respondent No. 1-Authority, Petitioner is a registered Trade Union with its Registration No. 2216. It is stated that as many as 2732 employees are on its roll, as its members. Respondent No. 1-Authority had been making deduction from the emoluments of the workmen, who are members of the petitioner union, as contribution towards the provident fund. However, the amount was not deposited in provident fund account and hence no provident fund is being released to the employees even after the retirement, as also to such serving employees, who are needy and required the amount.2. Respondent No. 1-Authority in its counter affidavit has taken a specific stand that the Authority was constituted under the provisions of Bihar Coal Mining Area Development Authority Act, 1986 and prior to the coming into operation of the said Act, development works/municipal works in the di...
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