Jharkhand Court July 2007 Judgments
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Raj Kumar Singh Vs. Ranchi Regional Development Authority Through Its ...
Court: Jharkhand
Decided on: Jul-18-2007
Reported in: [2008(1)JCR265(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition the petitioner has prayed for quashing the Office Order No. 17/06 issued by Memo No. 181 dated 2.3.2006 whereby the petitioner's contractual appointment to the post of Law Officer in Ranchi Regional Development Authority (R.R.D.A.) for the period from 1.1.2006 to 31.12.2006 has been terminated. The grievance of the petitioner is that before expiry of the said period of contract the petitioner was surprisingly and suddenly sought to be terminated by the impugned order without giving him any prior notice or opportunity of hearing.2. The only ground raised by learned Counsel for the petitioner is that when the petitioner was given contractual appointment for the period from 1.1.2006 to 31.12.2006 or until the regular appointment of the Law Officer, the petitioner's sudden termination without giving him any prior notice and opportunity of hearing is wholly arbitrary, unfair and without jurisdiction. It has been submitted that the impugned order ...
State of Jharkhand and ors. Vs. Shiv Kumar Singh and anr.
Court: Jharkhand
Decided on: Jul-17-2007
Reported in: 2007(2)BLJR2916; [2007(114)FLR1153]; [2007(4)JCR54(Jhr)]
M.Y. Eqbal, J.1. This appeal under Clause 10 of the Letters Patent is directed against the judgment dated 19.2.2007 passed by the learned single Judge in W.P. (S) No. 6924 of 2006 whereby and whereunder the writ petition filed by the petitioner-respondent No. 1 has been allowed.2. The petitioner-respondent No. 1 filed the aforementioned writ petition for quashing the order as contained in letter No. 4904 dated 9.10.2006 issued under the signature of Secretary, Department of Forest and Environment, Govt. of Jharkhand by which the Government has stayed the operation of the decision taken by the Jharkhand State Pollution Control Board (herein after referred to as the 'the Act') in its meeting dated 28.7.2006 by which the Board raised the age of superannuation of its officers and employees from 58 years to 60 years in pursuance of the resolution dated 26th October, 2004 of the State Government.3. The facts of the case lie in a narrow compass:The Govt. of Jharkhand decided to increase the a...
State of Jharkhand and ors. Vs. Amarendra Kumar and ors.
Court: Jharkhand
Decided on: Jul-17-2007
Reported in: [2007(4)JCR58(Jhr)]
1. Since common questions of law and facts are involved in these appeals, (hey have been heard together and are disposed of with the consent of the learned Counsel appearing for the parties, at the admission stage.2. The writ petitioners (respondents herein) moved this Court against the order contained in the letter, by which their services were terminated without assigning any reasons and without following principle of natural justice, although, the writ petitioners were appointed between the years 1990-92 and have been continuing in services. Learned Single Judge after considering the entire facts of the case, allowed the writ petitions holding that the order of termination was totally violative of principle of natural justice and also arbitrary. For better appreciation, paragraphs-5 and 6 of the impugned judgment, passed by the learned Single Judge, is quoted herein-below.5. Having considered the submissions made by learned Counsel for the parties, the facts and materials available ...
Baby Devi and ors. Vs. National Insurance Company Ltd. and anr.
Court: Jharkhand
Decided on: Jul-17-2007
Reported in: 2008ACJ1114; 2007(2)BLJR2735; [2007(4)JCR256(Jhr)]
M.Y. Eqbal, J.1. This appeal by the claimants-appellants is directed against the judgment and order dated 7.10.2005 passed by the Claims Tribunal, Dhanbad in Title (MV) Suit No. 45 of 2004 whereby he has dismissed the claim application filed by the appellant under Sections 166 and 140 of the Motor Vehicles Act, 1988.2. On 13.3.2003 the deceased Suresh Pandey was going to Gopal Hardcoke Oven at Ratanpura, Govindpur on Motor Cycle No. JH-10C/5827 with one Raju Singh. The deceased was the owner of the motorcycle. When they reached near Govindpur suddenly back wheel of the vehicle became punctured as a result of which, the motorcycle became unbalanced and the deceased Suresh Pandey fell down and received head injuries. He was taken to Central Hospital, Dhanbad but in course of treatment, he died on the next day on 14.3.2003. The heirs of the deceased filed application under Sections 140 and 166 of the Motor Vehicles Act for the grant of compensation.3. The respondent-National Insurance Co....
Sita Ram Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-17-2007
Reported in: [2008(1)JCR122(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition the petitioner has prayed for a direction on the respondents to pay the amounts of full pension, full gratuity, G.P.F., unutilized earned leave salary, difference of pay to which he is entitled on account of pay revision from 17th July, 1993 till the date of retirement, arrears of benefits of Assured Cajeer Progression and other admissible benefits with statutory interest.2. According to the petitioner, he retired from the post of Correspondence Clerk on 30th June, 2004 from the office of Superintending Engineer, Road Construction Department, Hazaribagh. After his retirement, the petitioner was entitled to get his all retrial benefits, but he has been paid only 90% of the pension and 90% of the gratuity and the amounts of full pension, full gratuity, unutilized earned leave salary, arrears of difference of pay, which were payable to him on account of pay revision from 17th July, 1993 till the date of retirement and the benefit of AC...
Union Bank of India Vs. Annapurna Udyog and ors.
Court: Jharkhand
Decided on: Jul-13-2007
Reported in: AIR2007Jhar97; III(2008)BC292; 2007(2)BLJR2889; [2007(4)JCR41(Jhr)]
D.G.R. Patnaik, J.1. This appeal filed by the plaintiff appellant is directed against the judgment and corresponding decree dated 26.3.1997 and 9.4.1998 passed in Title (Mortgage) Suit No. 30 of 1983, whereby the suit filed by the plaintiff appellant against the defendant respondents for decree for a sum of Rs. 5,71,915/- along with interest thereon as well as for preliminary mortgage decree in respect of properties mentioned in Schedule to the plaint, against the defendants No. 4 and 5 for recovery and realization of the aforesaid amount and for other reliefs, was dismissed.2. The case of the plaintiff is that the defendant No. 1 being a partnership firm represented by defendants No. 2 and 3 was extended a term loan facility to the extent of Rs. 1.83 lakh by the plaintiff Bank for the purpose of setting up their business. The term loan was sanctioned by the bank vide letter dated 26.3.1974. The defendant had further applied for a cash credit facility to the tune of Rs. 30,000/- (rupee...
Workmen Umashankar Singh and Forty Four ors. (Forty-five Workmen) Repr ...
Court: Jharkhand
Decided on: Jul-13-2007
Reported in: 2008(56)BLJR346; [2007(115)FLR495]; [2007(4)JCR115(Jhr)]
Ramesh Kumar Merathia, J.1. The workmen have challenged the award dated 29.5.1998 passed by the Presiding Officer, Labour Court, Ranchi in Reference Case No. 14 of 1994. They have further prayed for a direction on the Management of Indian Explosive Limited, Gomia (respondent No. 2) to regularise their services.2. By notification of the Government of Bihar dated 28.2.1994, the following dispute was referred for adjudication:Whether the 45 night guards as mentioned in Annexure A of I.C.I. India Ltd., Gomia are workmen?. If so whether they should be made permanent by the management?. If so from which date? 3. Mr. S.N. Das, learned Counsel appearing on behalf of the petitioner, submitted as follows:The case of 45 night guards is that they were getting only Rs. 675/-per month as wages by the management through Shri Ishwar Nath Singh, an employee of the Company, who was also the Secretary of the Indian Explosive Workers Union recognized by the management, to 13 night guards in the workers co...
Bharat Coking Coal Limited Vs. their Workmen Being Represented by Sri ...
Court: Jharkhand
Decided on: Jul-13-2007
Reported in: [2008(116)FLR1096]; [2008(1)JCR255(Jhr)]
Narendra Nath Tiwari, J. 1. In this writ petition, the petitioner has prayed for quashing the award dated 20th March, 2001 rendered by the Central Government Industrial Tribunal No. 1, Dhanbad, whereby the Tribunal has answered the reference in favour of the workmen directing their regularisation.2. The brief facts of the case is that M/s. Bharat Coking Coal Limited (for short BCCL) awarded a turn key contract to M/s. Mining and Allied Machinery Corporation Limited (for short MAMC), a Government of India Undertaking, by virtue of agreement dated 9th December, 1985. It was for complete design, engineering, supply, delivery to site, erection and commissioning of coal washery of 2.5 Million Tones per annum at the cost of Rs. 72,50,00,000/-. The said contractor, MAMC, was required to complete the work i.e. erection of the plant within the stipulated time, commission the same and hand over charge to the BCCL.3. The contractor, MAMC, in order to execute the work, awarded sub-contract to M/s....
State of Bihar Vs. ShamsuddIn Ansari and ors.
Court: Jharkhand
Decided on: Jul-13-2007
Reported in: [2007(4)JCR294(Jhr)]
D.G.R. Patnaik, J.1. This appeal is directed against the judgment dated 3.12.1996 and corresponding Award dated 16.12.1996 passed by the Sub-Judge, 1st, Garhwa in Land Acquisition Case No. 36 of 1994, whereby the learned Court below had enhanced the market value of the land acquired by the appellant. Land Acquisition Case No. 36 of 1994 had arisen on account of reference made under Section 18 of the Land Acquisition Act (hereinafter referred to as 'L.A. Act').The land comprising total area of 3.3 acres within khata No. 1 and khata No. 4 appertaining to several sub plots belonging to the respondents was acquired by the State Government for the purpose of construction of residential houses and inspection bungalows under Dhanpur scheme for the Government Irrigation Department at village Bishunpur within P.S. Garhwa. Notification under Section 4(1) of the L.A. Act was issued and published in the Government Gazette on 1.11.1975, a copy of which was served on the land owner on 26.12.1975 and...
Smt. Noor Asisha Khatoon and ors. Vs. Surjit Singh and ors.
Court: Jharkhand
Decided on: Jul-11-2007
Reported in: 2008ACJ2084; 2007(2)BLJR2424; [2007(4)JCR282(Jhr)]
M.Y. Eqbal and D.G.R. Patnaik, JJ.1. 3.11.2007 Since in both these appeals, common questions of law are involved, the same are being disposed by this common order.2. The claimants are the appellants in both these appeals.3. On 4.11.2000 the deceased Dr. Mahmood Alam along with his daughter Noor Shamshi was travelling in a bus known as 'Pal Coach' bearing registration No. BR 14P 5475. As the driver of the said bus was driving the bus in a rash and negligent manner, the bus went outside the road and ultimately dashed against a road side tree near Khajo River in the district of Bokaro, as a result of which, many of the passengers including the deceased Dr. Mahmood Alam and his daughter received fatal injuries and died at the spot. The widow along with her minor children filed a Claim Case No. 16 of 2001 claiming compensation for the death of her husband Dr. Mahmood Alam. The widow also filed a separate claim case being Claim Case No. 17 of 2001 claiming compensation for the death of her d...
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